HomeMy WebLinkAbout03-01-10 PacketPage 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, March 1, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Worship Leader Ken Hayes, Crabapple First 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. 10-1059)
5) PUBLIC COMMENT
6) CONSENT AGENDA
1. Approval of the February 1, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1060)
(Sudie Gordon, Interim City Clerk)
2. Approval for the Addition of American Disposal Services, Inc. to the List of Approved
Solid Waste Haulers for the City of Milton.
(Agenda Item No. 10-1061)
(Matt Marietta, Assistant to the City Manager)
3. Approval for the Addition of Red Oak Sanitation, Inc. to the List of Approved Solid
Waste Haulers for the City of Milton.
(Agenda Item No. 10-1062)
(Matt Marietta, Assistant to the City Manager)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 1, 2010 – 6:00 PM
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Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
7) REPORTS AND PRESENTATIONS
1. A Census Awareness Week Proclamation.
(Presented by Mayor Joe Lockwood)
8) FIRST PRESENTATION
1. RZ10-01/VC10-01 - 3105 Bethany Bend (Southeast corner of Bethany Bend and
Hwy 9) by D Squared Development, LLC to rezone from AG-1 (Agricultural) and
C-1 (Community Business) to C-1 (Community Business) to develop a 2,400
square foot gas station with 5 pump islands at a density of 2,755.45 square feet
per acre. The applicant is also requesting a concurrent variance to reduce the 20-
foot landscape strip to 10 feet along Bethany Bend (Section 64-1090(a)).
(Agenda Item No. 10-1063)
(Presented by Lynn Tully, Community Development Director)
2. ZM10-01 – Birmingham Hwy (SR 372) (West Side) and Crabapple Road (North Side)
aka Braeburn by John Wieland Homes and Neighborhoods, Inc. to request a 5 part
modification to Z05-117 for the following:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a maximum
density of 0.86 dwelling units per acre to allow up to 47 townhomes at a maximum
density of 0.75 dwelling units per acre based on total acreage zoned, whichever is less.
2) To modify Condition1.e, which currently allows up to 45 single-family residential units
at a maximum density of 0.72 dwelling units per acre, to allow up to 52 single-family
residential units at a maximum density of 0.83 dwelling units per acre based on total
acreage zoned, whichever is less.
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet such
that no more than three (3) lots shall have a minimum lot size of 10,890 square feet
(approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have a
minimum lot size of one (1) acre or above, and the remaining lots shall have a minimum
lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton County
Department of Environment and Community Development on June 7, 2006 with the
revised site plan received by the Milton Department of Community Development on
February 4, 2010.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 1, 2010 – 6:00 PM
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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) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot building
separation with a 5-foot side yard setback for lots less than one (1) acre.
(Agenda Item No. 10-1064)
(Presented by Lynn Tully, Community Development Director)
9) PUBLIC HEARINGS
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Approval of the Issuance of an Alcohol Beverage License Application to All
About Spirits Incorporated d/b/a All About Spirits located at 15840 Birmingham
Highway, Suite B, Milton, Georgia 30004. The applicants are Tana Coleman and
Terry Coleman for Package Retail Sale – Distilled Spirits.
(Agenda Item No. 10-1065)
(Presented by Stacey Inglis, Finance Director and City Treasurer)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS (None)
12) NEW BUSINESS (None)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
1. Discussion on the Privatization of Crabapple Hill in the Crabapple Estates Subdivision.
(Carter Lucas, Public Works Director)
15) EXECUTIVE SESSION (If needed)
16) ADJOURNMENT
(Agenda Item No. 10-1066)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta
Date: Submitted on February 10, 2010 for the March 1, 2010 Regular Council Meeting
Agenda Item: Approval for the Addition of American Disposal Services, Inc. to the List of
Approved Solid Waste Haulers for the City of Milton
City Manager’s Office Recommendation
Approve a non exclusive contract that will allow the addition of American Disposal Services,
Incorporated to the City of Milton’s Approved Solid Waste Hauler list in accordance with the
enacted Solid Waste Collection Services ordinance.
Discussion
American Disposal Services has proactively research and agreed to comply with the Milton
Solid Waste Ordinance to begin commercial service within the City and in laying the groundwork
to begin residential service within one year.
Funding and Fiscal Impact
If the business is successful in establishing itself in Milton, then they would comply with the
quarterly infrastructure maintence fee, which will help offset the cost of road repairs in the City.
Concurrent Review
Chris Lagerbloom, City Manager
ORIGINAL
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
ORDINANCE NO. 09-11-53
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON, PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REOUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies ("Company") currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton ("City") seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 "City" means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 "Company" means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 "Solid Waste" means the collection of residential and commercial non -recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
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1.4 "Approved Container or Approved Bag" or "Container" or "Bag" means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 "Construction/Demolition Debris" shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 "Dead Animals" shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 "Effective Date" means any contract executed between the City and any Company on or
after December 1, 2009.
1.8 "Term" shall mean a period of one year from the effective date.
1.9 "Environmental Laws" means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
1.11 "Area" shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 "Garbage" shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)).
1.13 "Hazardous Materials" means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 "Hazardous Waste" means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term "Hazardous Waste" will be construed to have the broader, more
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encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 "Residential Unit" shall mean any structure, whether single family, multi -family, or
otherwise whose primary purpose is for living.
1.16 "Commercial Unit" shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 "Construction Site" shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 "Recycling" shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-
.01(57).
1.19 "Waste" means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.29 "Yard Trimmings" shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division ("Georgia EPB") Chapter 391-3-4-
.91(77).
1.21 "Customer" shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance,and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non -Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
Page 3 of 14
Section 3. Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided -Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair,
4.3 Collection Operation- (a) Save and except as provided in this Section, collection shall not
start before 7:30 AM or continue after 7:30 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it's Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company's name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi -media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non -Company performance will result in the consideration of revocation of a
non-exclusive contract or the City's choice to not renew an existing agreement.
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4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company's telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi -family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, 42, and 43); cardboard, cereal boxes and any non -waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company's obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non -collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company's obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City. Service
calls received by the City as a result of non -Company performance will result in the
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consideration of revoking a non-exclusive contract or the City's choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize "Scout" trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industry practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company's name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non -operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate their Customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it's customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Ru les and regulations governing hours of
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operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity, In the event any transfer occurs on
public land, including streets, alleys, rights -of -ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees.
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, are valuable public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through the term of its Contract collect an
"Infrastructure Maintenance Fee" equal to 5% of the Company's gross receipts to
Customers within the City (exclusive of Sales Tax), The term "Infrastructure Maintenance
Fee" shall be used on all bills, invoices, or statements sent by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15Fh day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter, the May 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the ca lendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
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the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees- The Contract fee shall be in lieu of any and all other City -
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessments for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof, in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall not be construed to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid- Should the City not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting — Any Company providing service pursuant to this Ordinance or a
resulting Contract shall from time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provide adequate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue — The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City's streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements- The Company shall maintain throughout the term
of its Contract, property damage coverage, general liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against claims for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
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($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, an umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, the Company
shall maintain throughout the term of the Contract resulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia, or
documentation explaining the exemption from employer's liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager's or his designee's reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all authorities, Boards, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause- The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements -The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon.
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an "Asserted
Page 9 of 14
Claim") that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the "Claims Notice") to the Company provided, however, that a failure to
give such notice shall not prejudice the City's right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby. The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Claim. If the
Company elects to compromise or defend such Asserted Claim, it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against, such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provided or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and to terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section S;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service to the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond to Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's operation; and
(d) Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
Page 10 of 14
12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information- Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance.
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written notice from City setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing, may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Contract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4, the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued, the Council may take under consideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such termination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - T he Council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or not any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Council may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation within
the City; and provided further that Company may, in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
Page l l of 14
Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the consent of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days after his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement- Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
Page 12 of 14
Section 19. Public Necessity.
The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
Al l provisions of the ordinances of the City as now existing or as may be amended from time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was passed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
Page 13 of 14
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107AIB
Milton, GA 30004
Q S !�dWje-z 0-- &A. )-I he "Company"), acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give the benefits provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: Awy-ai[�\ 0—s—I' a, 5�eo �4 f
Printed Name: tZAA <�WU—
Title: i�5t Qom, i�
THIS ORDINANCE PASSED AND APPROVED on the 1 st day of March, 2010.
Attest:
Sudie AM Gordon, Interim City Clerk
(Seal)
Approved as to Form and Content:
Ken Jarrard, City Attorney
Approved:
Joe Lockwood, Mayor
Page 14 of 14
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta
Date: Submitted on February 10, 2010 for the March 1, 2010 Regular Council Meeting
Agenda Item: Approval for the Addition of Red Oak Sanitation, Inc. to the List of Approved Solid
Waste Haulers for the City of Milton
City Manager’s Office Recommendation
Approve a non exclusive contract that will allow the addition of Red Oak Sanitation,
Incorporated to the City of Milton’s Approved Solid Waste Hauler list in accordance with the
enacted Solid Waste Collection Services ordinance.
Discussion
Red Oak Sanitation Services, Incorporated has agreed to comply with the Milton Solid Waste
Ordinance to begin commercial service within the City and in laying the groundwork to begin
residential service within one year.
Funding and Fiscal Impact
If the business is successful in establishing itself in Milton, then they would comply with the
quarterly infrastructure maintence fee, which will help offset the cost of road repairs in the City.
Concurrent Review
Chris Lagerbloom, City Manager
Page 1 of 14
ORDINANCE NO. 09-11-53
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies (“Company”) currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton (“City”) seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 “Company” means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 “Solid Waste” means the collection of residential and commercial non-recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Page 2 of 14
1.4 “Approved Container or Approved Bag” or “Container” or “Bag” means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 “Construction/Demolition Debris” shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 “Dead Animals” shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 “Effective Date” means any contract executed between the City and any Company on or
after December 1, 2009.
1.8 “Term” shall mean a period of one year from the effective date.
1.9 “Environmental Laws” means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened re leases of
materials and substances.
1.11 “Area” shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 “Garbage” shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division (“Georgia EPD Chapter 391-3-4-.01(21)).
1.13 “Hazardous Materials” means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 “Hazardous Waste” means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term “Hazardous Waste” will be construed to have the broader, more
Page 3 of 14
encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 “Residential Unit” shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
1.16 “Commercial Unit” shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 “Construction Site” shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 “Recycling” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(57).
1.19 “Waste” means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.20 “Yard Trimmings” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(77).
1.21 “Customer” shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance,and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non-Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
Page 4 of 14
Section 3. Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided-Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair.
4.3 Collection Operation- (a) Save and except as provided in this Section, collection shall not
start before 7:30 AM or continue after 7:30 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it’s Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company’s name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi-media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non-Company performance will result in the consideration of revocation of a
non-exclusive contract or the City’s choice to not renew an existing agreement.
Page 5 of 14
4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company’s telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, #2, and #3); cardboard, cereal boxes and any non-waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company’s obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non-collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company’s obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City. Service
calls received by the City as a result of non-Company performance will result in the
Page 6 of 14
consideration of revoking a non-exclusive contract or the City’s choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize “Scout” trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industr y practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except t hose being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company ’s name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non-operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate the ir Customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it’s customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of
Page 7 of 14
operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity. In the event any transfer occurs on
public land, including streets, alleys, rights -of-ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees .
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, ar e valuable public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through th e term of its Contract collect an
“Infrastructure Maintenance Fee” equal to 5% of the Company’s gross receipts to
Customers within the City (exclusive of Sales Tax). The term “Infrastructure Maintenance
Fee” shall be used on all bills, invoices, or statements sent by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15th day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter , the May 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the calendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
Page 8 of 14
the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees- The Contract fee shall be in lieu of any and all other City -
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special ass essments for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof, in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall n ot be construed to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid - Should the City not have the legal power to a gree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting – Any Company providing service pursuant to this Ordinance or a
resulting Contract shall fro m time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provi de adequate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue – The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City’s streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal la ws, rules and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements - The Company shall maintain throughout the term
of its Contract, property damage cover age, general liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against clai ms for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
Page 9 of 14
($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, an umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, t he Company
shall maintain throughout the term of the Contract resulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia , or
documentation explaining the exemption from employer’s liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager’s or his designee’s reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all author ities, Boards, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause - The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements-The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such cl aim or proceeding brought thereon .
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an “Asserted
Page 10 of 14
Claim”) that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the “Claims Notice”) to the Company provided, however, that a failure to
give such notice shall not prejudice the City’s right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby. The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Cl aim. If the
Company elects to compromise or defend such Asserted Claim, it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against, such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provide d or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and to terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section 8;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service to the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond t o Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's oper ation; and
(d) Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
Page 11 of 14
12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information - Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance .
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its direc tors, officers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written not ice from City setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing, may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Cont ract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4, the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued, the Council may take under consideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such t ermination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - The Council shall hear and consider the issue, hear any person
interested therein, and shall determine wh ether or not any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Council may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation within
the City; and provided further that Company may, in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
Page 12 of 14
Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the conse nt of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days a fter his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement - Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, o r appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
Page 13 of 14
Section 19. Public Necessity.
The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
All provisions of the ordinances of the City as now existing or as may be amended fr om time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was pass ed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
Page 14 of 14
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
_______________________________________(the "Company"), acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give t he benefits provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: ____________________________________
By: _________________________________________
Printed Name: _________________________________
Title: ________________________________________
THIS ORDINANCE PASSED AND APPROVED on the 1st day of March, 2010.
Approved:
__________________________________________
Joe Lockwood, Mayor
Attest:
_____________________________________
Sudie AM Gordon, Interim City Clerk
(Seal)
Approved as to Form and Content:
_____________________________________
Ken Jarrard, City Attorney
Proclamation
CENSUS AWARENESS WEEK
WHEREAS, Article I, Section II of the United States Constitution mandates that a census of the
United States population be conducted every ten years, with the next census scheduled to
be conducted on April 1, 2010; and
WHEREAS, The 2010 United States Census will be the City of Milton’s first national Census since
incorporation, and an accurate count of the population is critical to the fair and equitable
distribution of community services and approximately $400 billion in federal funds to
local, state and tribal governments each year; and
WHEREAS, Census data guide local decision-makers in important community planning efforts,
including where to build new roads, hospitals, and schools; and it determines how many
seats each state will have in the U.S. House of Representatives as well as the
redistributing of state legislatures, county and city councils, and voting districts; and
WHEREAS, The Georgia General Assembly passed Resolution #914 in both the House and the Senate
declaring the week of March 8, 2010, through March 14, 2010, as Georgia Census Week,
in order to build support and awareness throughout the state, and urging the residents of
Georgia to participate completely in the United States 2010 Census to provide an
accurate count of the population of Georgia in the 2010 decennial census; and
WHEREAS, The City of Milton recognizes the importance of the United States Census and its role in
gathering the data used to maintain the levels of service essential to the quality of life of
Milton’s residents, therefore we encourage our citizens to complete and return the census
questionnaire, to ensure a complete count of Milton’s residents; and
NOW, THEREFORE, we the Mayor and City Council of the City of Milton, in accord with the State of
Georgia, hereby dedicate and proclaim the week of March 8, 2010, through March 14, 2010, as CENSUS
AWARENESS WEEK in the City of Milton and urge all citizens to complete and return the United States
2010 Census questionnaire by April 1, 2010.
Given under my hand and the Seal of the City of Milton, Georgia on this 1st day of March, 2010.
_______________________________
Joe Lockwood, Mayor
10 LC 94 1975
S. R. 914
- 1 -
Senate Resolution 914
By: Senators Hill of the 32nd and Seay of the 34th
A RESOLUTION
1 Declaring the week of M arch 8 through 14, 2010, as Georgia Census Week, and urging the
2 residents of Georgia to participate completely in the United States 2010 Census to provide
3 an accurate count of the population of G eorgia in the 2010 decennial census; and for other
4 purposes.
5 WHEREAS, Article I, Section II of the United States Constitution mandates that a census of
6 the United States population be conducted every ten years, with the next census scheduled
7 to be conducted on April 1, 2010; and
8 W H ER E A S, th e data from the census is used to distribute C ongressional seats to states,
9 determin e redistricting of legislative and other government bodies, make decisions about
10 what community services to provide, and distribute approximately $400 billion in federal
11 funds to local, state, and tribal governments each year; and
12 WHEREAS, an accurate count of the population is critical to the fair and equitable
13 distribution of these seats, services, and funds; and
14 W H EREA S, the residents of G eorgia should participate in order to have an accurate count
15 as of April 1, 2010, of the population in Georgia; and
16 WHEREAS, there were many urban and rural hard-to-count areas in Georgia during the 2000
17 census, which hindered an accurate count; and
18 W HEREAS, a Georgia Complete Count Committee has been established to build awareness
19 of the importance and confidentiality of the Census, actively inspire Georgia residents to
20 participate in the Census, and work with other groups to share ideas and best practices to
21 encourage active participation in the Census; and
10 LC 94 1975
S. R. 914
- 2 -
22 WHEREAS, the Georgia Complete Count Committee has established M arch 11, 2010, as the
23 official kick-off day to promote the Census in Georgia, and to invite all local Complete
24 Count Committees to participate in the kick-off event which will encourage all residents to
25 m ail back their com pleted Census form .
2 6 N O W , TH ER EFO R E, B E IT R E S O L V E D B Y T H E SE N A T E that th e m em bers o f th is body
27 urge Georgia residents to participate in the 2010 Census, memorialize local Complete Count
28 Committees to register on the w ebsite and w ork with the Georgia C omplete C ount
29 Committee, and recognize the w eek of M arch 8 through 14, 2010, as Georgia's Official
30 Census W eek in order to build aw areness and support throughout G eorgia.
31 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed
32 to transm it an appropriate copy of this resolution to the Georgia Com plete C ount C omm ittee.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 1 of 24
RZ10-01/VC10-01
PETITION NUMBER(S):
RZ10-01/VC10-01
PROJECT NAME
Gas Station
PROPERTY INFORMATION
ADDRESS 3105 Bethany Bend
DISTRICT, LAND LOT 2/2 831
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 (Community Business), AG-1 (Agricultural)
PROPOSED ZONING C-1 (Community Business)
ACRES 0.871
EXISTING USE Undeveloped
PROPOSED USE Gas Station and Convenience Store
OWNER D Squared Development LLC, Mehdi Jannatkhah
ADDRESS 2490 Dallas Hwy
Marietta, GA 30064
PETITIONER/REPRESENTATIVE Nathan V. Hendricks III
PHONE 404-255-5161
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ10-01 - DENIAL
VC10-01 – DENIAL
STAFF NOTES THAT AT THE TIME OF DISTRIBUTION, THE PLANNING COMMISSION
HAD NOT MET TO MAKE THEIR RECOMMENDATION.
INTENT
To rezone from AG-1 (Agricultural) and C-1 (Community Business) to C-1
(Community Business) to develop a 2,400 square foot building with 5 pump islands at
a density of 2,755.45 square feet per acre. The applicant is also requesting a
concurrent variance to reduce the 20-foot landscape strip to 10 feet along Bethany
Bend (Section 64-1090(a)).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 2 of 24
RZ10-01/VC10-01
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 3 of 24
RZ10-01/VC10-01
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 4 of 24
RZ10-01/VC10-01
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 5 of 24
RZ10-01/VC10-01
SITE PLAN SUBMITTED – January 7, 2010
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 6 of 24
RZ10-01/VC10-01
SUBJECT SITE LOOKING SOUTHEAST ON BETHANY BEND
SUBJECT SITE LOOKING NORTH ON HWY 9
Prepared by the Community Development Department for the
Mayor and City Council Meeting on March 1, 2010 (First Presentation)
2/19/2010 Page 7 of 24
RZ10-01/VC10-01
SUBJECT SITE:
The subject site contains 0.871 acre and is undeveloped. It is currently zoned C-1
(Community Business) unconditional and AG-1 (Agricultural). It is located at the
southeast corner of Bethany Bend and Hwy 9. The site is located within the
Neighborhood Living-Working Land Use designation on the City’s Future Land
Use Map.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
Although commercial uses exist at the intersection, those uses have been
developed to include all the required development standards. The
proposed gas station and 2,400 square foot convenience store is not
suitable based on the small size of the parcel, potential for cut through
traffic on the site between Bethany Bend and Hwy 9. In addition, the
applicant is requesting a concurrent variance to reduce the landscape
strip along Bethany Bend based on the lack of area to develop the gas
station and associated convenience store.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed use is too intensive on such a small site,
including the gas pumps, parking, and area for gas tankers to deliver fuel.
In addition, Staff is concerned with potential spillover of lighting to nearby
single family residences to the east and north during the evening hours.
Further, no access is shown to undeveloped property to the south.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site may have a reasonable use as currently zoned, with a
smaller building and circulation footprint.
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4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significant impact on public services and
utilities. However, the nature of the intersection of Hwy 9 and Bethany
Bend is problematic and accessing the subject site will be challenging.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The subject site is a prominent corner of the City and is designated in the
Plan as Neighborhood Living-Working. Staff contemplates that the
proposed development will not contribute toward a safe pedestrian
friendly area based on the lack of space to provide a beauty strip along
Hwy 9 between the curb and the sidewalk. A brief description of the
project is noted below.
Future Land Use Plan Map: Neighborhood Living-Working
Proposed use/density:
Retail/Commercial – 2,755.45 square feet per acre
The Future Land Use Plan Map suggests Neighborhood Living-Working for
the subject site and the properties to the west, north, and south in a linear
fashion. Although, retail commercial is consistent with Neighborhood
Living-Working, the intensity of the development is inconsistent with the
areas to the east where the Plan suggests Residential 3-5 units per acre
and to the northeast across Bethany Bend the Plan suggests Residential 1-
2 units per acre.
The Milton City Council adopted the Partial Plan Update to the City’s
Comprehensive Plan on December 21, 2009. The proposed development
is inconsistent with the following Plan Policies:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We will encourage development of a balanced network of
commercial activity centers to meet the service needs of our
citizens while avoiding unattractive and inefficient strip
development.
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RZ10-01/VC10-01
We will create gateways and corridors to establish a "sense of
place" for our community.
In addition, the Milton Comprehensive Transportation Plan recomm ends
that the Bethany Bend and Hwy 9 intersection be improved with adding
an eastbound and westbound through lane along Bethany Bend.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Staff also notes that there are no gas stations/convenience stores along
Hwy 9. Based on the small size and location within an acute triangle,
limited and difficult access from both Bethany Bend and Hwy 9, Staff is of
the opinion that these conditions support grounds for disapproval of the
proposed gas station and convenience store.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
The proposed use and the intensity of development may adversely affect
the environment and the citizens of the City.
Existing uses and zoning of nearby property
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
RZ06-96
C-1 (Community Business)
CVS and Undeveloped Parcel
No Fast Food Restaurants
Permitted
5,690.91 sq.
ft./acre
North 2
RZ07-10
O-I (Office Institutional)
Undeveloped
5,332 sq. ft./acre
Further
North
3
RZ88-100
M-1 (Light Industrial)
Superior Air Conditioning
1,341 sq. ft./acre
Further
North
4
RZ88-23
C-2 (Commercial)
GLM Sod and Landscape
8,040 sq.ft./acre
Further
Northeast
5
N/A
AG-1 (Agricultural)
Bellemeade Farms Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
Further
Southeast
6
RZ96-19
North side of Bethany Bend is
R-4A (Residential) and South
R-4A -1.76
units/acre
Prepared by the Community Development Department for the
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RZ10-01/VC10-01
side of Bethany Bend is R-5
(Residential)
Bethany Creek Subdivision
R-5 - 2.97
units/acre
South 7
RZ85-194
C-1 (Community Business)
Undeveloped
8,627 sq.ft./acre
South 8
AG-1 (Agricultural)
Undeveloped
N/A
Further
South
9
RZ01-08
C-1 (Community Business)
Loving Hands Animal Clinic
8,695.66
sq.ft./acre
2 stories
Further
South
10
RZ97-54
C-1 (Community Business)
Legacy Crossing Pavilion –
Montana’s Restaurant
8,249 sq.ft./acre
2 stories
Further
South
11
RZ95-085
C-1 (Community Business)
9 North Tire Center
3,937 sq.ft./acre
Further
Southwest
12
RZ99-44/U99-26
C-1 (Community Business) and
Use Permit for Self-Storage
Your Extra Attic Self
Storage/Retail Commercial
Strip
18,240 sq.ft./acre
Further
Southwest
13
RZ98-012
C-1(Community Business)
Office Building
6,282.05
sq.ft./acre
Southwest 14
RZ03-118
C-1 (Community Business)
Sherwin Williams Paint Store
6,323.53
sq.ft./acre
West 15
RZ99-77
C-1 (Community Business)
Bethany Bend Village
Shopping Center
7,846.04
sq.ft./acre
2 Stories
Further
West
16
RZ05-115
CUP (Community Unit Plan)
Future Site of Fulton County
Board of Education High
School
2.81 units/acre
Northwest 17
RZ04-22
C-1 (Community Business)
Existing Retail Center
7,314.03 sq.
ft./acre
Further
Northwest
18
N/A
AG-1 (Agricultural)
Oakstone Glen Subdivision
1 unit per acre
Further
Northwest
19
RZ00-52
C-1 (Community Business)
Kids R Kids Day Care
4,771.25
sq.ft./acre
Prepared by the Community Development Department for the
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RZ10-01/VC10-01
EXISTING USES LOCATION MAP
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RZ10-01/VC10-01
VIEW FROM SUBJECT SITE TO THE NORTHEAST ACROSS BETHANY BEND
VIEW FROM SUBJECT SITE TO THE WEST ACROSS HWY 9
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2/19/2010 Page 13 of 24
RZ10-01/VC10-01
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on January 7, 2010, Staff offers the following considerations:
State Route 9 Overlay District
BUILDING SETBACKS
Section 64.776 of the Zoning Ordinance requires the following building setbacks:
Front – 40 feet along Hwy 9
Front – 40 feet along Bethany Bend
Rear – 0 Feet along the south property line adjacent to C-1 (Community
Business)
The site plan indicates compliance with the setback requirements.
Staff notes that Section 64-77.2.a. addresses permitted encroachments into
yards. Nonresidential districts – “Canopies shall be allowed over walkways or
driveways to within 12 feet of the street right-of-way or right-of-way based on
the street’s functional classification, whichever is farther from the street’s
centerline. Fuel pumps and pump islands, when permitted, shall be setback as
stated in this subsection for canopies.” The proposed canopy is located 23 feet
from the proposed right-of-way along Bethany Bend and is in compliance with
the required setback.
BUILDING HEIGHT
Section 64-1095(n) within the State Route 9 Overlay District requires there shall be
a maximum of two stories with a maximum height of 30 feet from average
finished grade to bottom of the roof eave. The applicant indicates that the
proposed building will be one story in height and will not exceed the maximum
height.
LANDSCAPE STRIPS
Section 64-1090 of the State Route 9 Overlay District requires the following
landscape strips:
Hwy 9 – 20 foot landscape strip
Bethany Bend- 20 foot landscape strip
South property line – 10 foot landscape strip
Prepared by the Community Development Department for the
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This section further states that for every thirty (30) linear feet of landscape strip, a
minimum of one 3” caliper hardwood shade tree is required to be planted in the
center of the landscape strip or as approved by the Director.
Section 64-1092 states that where a parking lot, parking structure or gas fueling
bay fronts directly on a public street, a continuous screen of evergreen plantings
shall be provided. Said screen shall be three feet in height at planting and four
(4) feet minimum height at maturity and three (3) feet to eight (8) feet in width
at maturity. This requirement shall be provided along Hwy 9 and Bethany Bend
Road based on the location of the fueling bays and parking on the site.
Staff notes that the air and vacuum structures are not permitted within the
minimum landscape strip along the south property line.
The site plan shows compliance with the required landscape strips except along
Bethany Bend. The applicant is requesting the following concurrent variance to
Section 64-1090(a):
To reduce the 20-foot landscape strip to 10 feet along Bethany Bend.
The applicant is requesting the reduction in the landscape strip to enable the
necessary circulation and parking. The Milton Comprehensive Transportation
Plan recommends that the Bethany Bend and Hwy 9 intersection be improved
with adding an eastbound and west bound through lane along Bethany Bend .
If the applicant is granted the reduction of the landscape strip, a portion of it
may be deleted to provide for the necessary widening to construct the through
lanes.
Section 64-1883, “Considerations”, requires a variance must be based upon
credible evidence submitted at a public hearing demonstrating compliance
with subsections 1 through 4. The proposed concurrent variance, if granted,
would offend the spirit or intent of this zoning ordinance (Subsection 1) based on
the State Route 9 Overlay District which requiring a 20 foot landscape strip along
Bethany Bend to provide a vegetative barrier from the public right of way into
the site. In addition, if the reduction is approved it would cause a substantial
detriment to the public good and surrounding properties (Subsection 3) based
on the fact that the subject site is too small to accommodate the proposed gas
station. Lastly, the reduction of the landscape strip will not provide the required
amount of screening of the gas pumps/parking from the public roads as
required by the Overlay District pursuant to Section 64-1092. Therefore, Staff
recommends DENIAL of VC10-01 to reduce the 20-foot landscape strip to 10 feet
along Bethany Bend.
Prepared by the Community Development Department for the
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RZ10-01/VC10-01
OTHER SITE PLAN CONSIDERATIONS
Staff notes that the dumpster is located adjacent to Hwy 9. Section 64-1092 (d)
states that receptacles shall be placed in the least visible location from public
streets. Staff notes that the dumpster should be enclosed in such a way as to
shield it from the street with acceptable architectural and landscaping
materials. In addition the ordinance requires the fourth side shall be a self closing
gate made from noncombustible materials.
Section 64-1095 (d) states that all buildings shall be oriented to face a street or
courtyard. The placement of the building as currently depicted on the site plan
does not meet this requirement.
The applicant indicates a four board black horse fence along both Bethany
Bend and Hwy 9 at the edge of the sidewalk. The City Arborist requests that the
fence be placed interior to the landscape strip to provide a more open feel. In
addition, all sidewalks shall have a color stamped pattern to simulate a
transverse double row brick paver pattern every 50 feet, to be approved by the
City of Milton Design Review Board. These two requirements have been the
policy of the Mayor and City Council in the State Route 9 Overlay District and
will be included in the Recommended Conditions.
Detention areas are located underground on the subject site.
Both the building and the site must comply with Section 64-1068, State Route 9
Overlay District, at the time of the Certificate of Occupancy. Staff notes that the
lighting requirements are more restrictive than the Night Sky Ordinance and
therefore, the more restrictive requirements will prevail.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Section 64-1410 for the
proposed use:
Proposed Use Minimum Requirement Spaces
Provided
Retail Service
Commercial
2,400 square feet
5 spaces per 1,000 sq. ft. of building
area
12 spaces
12 spaces
It also appears that the site plan is in compliance with the landscape and layout
requirements of Section 64-1096.
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ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and
animal species. The City Arborist has determined that one oak, approximately
34” DBH (Diameter Breast Height) is in severe decline and is located on the site.
It is Staff’s opinion that the proposed development will not implement the
creation and preservation of green space and open space based on the
intensity of the development. Additionally, the development does not appear to
protect citizens from negative impacts of noise and lighting based on the
intensity of the development.
ARBORIST COMMENTS
Site is heavily wooded with 95% young growth pines. No specimen quality trees
on site. One oak, around 34” is in severe state of decline…has been pruned
heavily over the years for utility clearing, and has significant decay about 15’ up
where tree has lost a major branch. There is no tree area worth preserving, per
this plan.
1. Landscape Strip along Hwy 9….no issues with L.S. however plan states
fence to be located at edge of sidewalk. Would rather see fence
located at the back of the landscape strip, would provide a more open
look along the road.
2. Landscape strip along Bethany…same issue as above in regard to fence
location.
3. Landscape Strip along rear (south P.L.)….remove air and vacuum units out
of landscape strip. Provide additional screening above and beyond
landscape strip requirements.
4. Parking Bay/I sland Trees.....3 required
FULTON COUNTY HEALTH DEPARTMENT
The Fulton County Department of Health and Wellness recommends that the
applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since the proposed development constitutes a premise where people work, live
or congregate, onsite sanitary facilities will be mandatory, prior to use or
occupancy.
This facility must comply with the Georgia Smoke free Air Act of 2005.
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This department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
area for the refuse containers be submitted for review and approval prior to
land disturbance or building permit issuance.
CITY OF MILTON FIRE MARSHAL
Underground storage tanks will require separate approval from the State
Fire Marshal.
A fire flow report will be required.
PUBLIC INVOLVEMENT
On January 27, 2010 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were 14 members
of the community in attendance. The applicant has also met with the Bethany
Creek Homeowners Association prior to the CZIM.
Public Comments – Staff has several e-mails regarding this development. They
are attached to this report.
The applicant will be hosting a Public Participation Meeting on Friday, February
13, 2010 at the Windward Kroger Community Room.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW - FEBRUARY 2, 2010
Screening dumpster. Applicant states that he will extend the brick façade
wall to 8’ around the dumpster so it will parallel Highway 9.
Roof canopy over pump islands should be pitched. Applicant states that
might be difficult with a non symmetrical canopy.
Did you consider an alternate design? Applicant states that the canopy
does not have to adhere to building setback, but the building does. The
canopy would not fit into the setbacks.
CONCLUSION
The proposed development is inconsistent with Plan Policies. In addition the site’s
small size and location within an acute triangle, limited and difficult access from
both Bethany Bend and Hwy 9 support the recommendation for DENIAL of RZ10-
01 and VC10-01 to rezone to C-1 (Community Business) to develop a gas station
and convenience store. If the Mayor and City Council recommends approval,
Staff provides the following Recommended Conditions.
Prepared by the Community Development Department for the
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RZ10-01/VC10-01
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail Commercial and accessory uses, at a maximum density of
2,755.45 gross floor area per acre zoned or a total gross floor area of
2,400 square feet, whichever is less but excluding freestanding fast
food restaurants, commercial amusements (cinemas not included),
liquor sales package stores (wine stores allowed), (restaurants may
sell liquor by the drink), motels, hotels, adult entertainment
establishments including adult bookstores, adult entertainment as
defined in Section 64-1, check cashing stores, pawn shops, coin
operated laundries, video arcades (video machines that are
incidental to otherwise permitted businesses are allowed), pool
halls, massage parlors, nail salons, stand alone beauty salons, stand
alone barber shops, flea markets, discount retail shops, roadside
vending, roadside produce stands or seasonal vending.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on January 7, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit.
Unless otherwise noted herein, compliance with all conditions shall
be in place prior to the issuance of the first Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) All new sidewalk installations along the rights-of-ways shall have a
color stamped pattern to simulate a transverse double row brick paver
pattern every 50 feet, to be approved by the City of Milton Design
Review Board.
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RZ10-01/VC10-01
b) Provide a black four-board-equestrian-styled fence along all
sidewalks interior to the landscape strip or as approved by the Director
of Community Development.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
i. Provide at least 30 feet of right-of-way from the centerline of
Bethany Bend
ii. Provide at least 12 feet of right-of-way from the back of curb of
all abutting road improvements, along the entire property
frontage, as well as allow the necessary construction easements
while right-of-way is being improved.
iii. Provide bicycle and pedestrian improvements along entire
property frontage of HWY 9 and Bethany Bend according to
cross sections in Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances and as
approved by Milton Public Works.
iv. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances :
a) NB Right Turn Lane on HWY 9 at new access drive
b) NB Right Turn Lane on HWY 9 at Bethany Bend
c) EB Right Turn Lane on Bethany Bend at new access
drive
b) Reserve for the City of Milton along the necessary property frontage of
the following roadways, prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide for compliance with the
Comprehensive Transportation Plan. The location of the landscape
strip with the reserved right-of-way to be determined by the Director of
Community Development.
i. 55 feet from centerline of HWY 9 or as may be required by
GDOT
ii. 45 feet from centerline of Bethany Bend
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RZ10-01/VC10-01
a) Access to the site shall be subject to the approval of the
GDOT District 7 Access Management Engineer and Milton
Public Works, prior to the issuance of a Land Disturbance
Permit.
b) Provide a 30 foot wide cross-access easement free of any
structures or utilities for future vehicular and pedestrian inter-
parcel access on the south property line as approved by
Milton Public Works.
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Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 1 of 9
PETITION NUMBER(S):
ZM10-01
John Wieland Homes & Neighborhoods -- Braeburn
PROPERTY INFORMATION
ADDRESS Birmingham Highway (Braeburn Subdivision)
DISTRICT, LAND LOT 2/2, 1096, 1097, 1098, 1135
OVERLAY DISTRICT Crabapple
EXISTING ZONING MIX (Mixed Use) Z05-117
EXISTING USE Partially Developed
PROPOSED USE Office/Commercial/Single-family and townhouse residential
PETITIONER John Wieland Homes and Neighborhoods, Inc.
4125 Atlanta Road SE
Smyrna, GA 30080
REPRESENTATIVE Barry Gittleman, Vice President
PHONE 770-703-1655
APPLICANT’S REQUEST:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a maximum
density of 0.86 dwelling units per acre to allow up to 47 townhomes at a maximum
density of 0.75 dwelling units per acre based on total acreage zoned, whichever is
less.
2) To modify Condition1.e, which currently allows up to 45 single-family residential units
at a maximum density of 0.72 dwelling units per acre, to allow up to 52 single-family
residential units at a maximum density of 0.83 dwelling units per acre based on total
acreage zoned, whichever is less..
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet
such that no more than three (3) lots shall have a minimum lot size of 10,890 square
feet (approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have
a minimum lot size of one (1) acre or above, and the remaining lots shall have a
minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton
County Department of Environment and Community Development on June 7, 2006
with the revised site plan received by the Milton Department of Community
Development on February 4, 2010.
5) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot
building separation with a 5-foot side yard setback for lots less than one (1) acre.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 2 of 9
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL – ZM10-01 – PARTS 1-5
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 3 of 9
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 4 of 9
Proposed Zoning Modification Site Plan Received February 4, 2010
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 5 of 9
SITE PLAN APPROVED JULY 5, 2006 by FULTON COUNTY BOARD OF COMMISSIONERS
Z05-117
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 6 of 9
The applicant is requesting the following 5 part modification to a rezoning approved by
the Fulton County Board of Commissioners on July 5, 2006. The approved rezoning was for
a MIX (Mixed Use) development with a small amount of retail commercial, a large
amount of office and a mix of townhouse residential and single family residential. The
following is a table reflecting the Board of Commissioners’ approval for the subject site as
it relates to the proposed requests . A portion of the office buildings have been
constructed and the residential streets have been constructed but not final platted. Staff
notes that the zoning approved by the Board of Commissioners pursuant to Z05-117
included acreage (Pod C) that is included in this proposed development. The applicant is
not amending the site plan for Pod C located on the north side of Crabapple Road.
Commercial Office Townhouse
(Condition
1.d.)
Single
Family
Residential
(Condition
1.e.)
Lot Size for Single Family
Residential
(Condition 1.f.)
Building
Separation
(Condition 3.e.)
Approved
per Z05-
117
2,532 sq.ft.
40.28 sq. ft.
per acre
based on
total
acreage
zoned
36,468
sq.ft.
580.06
sq.ft.
per acre
based on
total
acreage
zoned
54 units
0.86 units
per acre
based on
total
acreage
zoned
45 units
0.72 units
per acre
based on
total
acreage
zoned
The minimum lot size shall
be 18,900 sq.ft., except lots
numbered 11-13 shall be a
minimum of 1 acre
To reduce the
minimum side
yard setback for
single family
residential lots
from 15 ft to 5 ft
with a 15-foot
building
separation for
lots 25,000
square feet or
less.
Proposed
per
ZM10-01
No Change
No
Change
47 units
0.75 units
per acre
based on
total
acreage
zoned
52 units
0.83 units
per acre
based on
total
acreage
zoned
No more than three (3) lots
shall have a minimum lot
size of 10,890 square feet
(approximately ¼ acre) or
above, at least three (3) lots
(Lots 11-13) shall have a
minimum lot size of one (1)
acre or above, and the
remaining lots shall have a
minimum lot size of 14,500
square feet (approximately
1/3 of an acre) or above.
To reduce the
15-foot building
separation to a
10-foot building
separation with
a 5-foot side
yard setback for
lots less than one
(1) acre.
ANALYSIS AND RECOMMENDATIONS
Conditions to be Modified:
1) To modify Condition 1.d, which currently allows up to 54 townhomes at a
maximum density of 0.86 dwelling units per acre to allow up to 47 townhomes at a
maximum density of 0.75 dwelling units per acre based on total acreage zoned,
whichever is less.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 7 of 9
The proposed modification to decrease the number of townhomes does not negatively
affect the overall site plan as approved by the Board of Commissioners. The existing street
plan will not be altered including the future inter-parcel accesses to the other portions of
Crabapple. This proposal will alter the mix of single family and townhome units but the
overall density will remain the same. The approved site plan pursuant to RZ95-117 depicts
15 townhomes just west of the office development. The revised site plan depicts 16
townhomes west of the office development. Townhomes developed further west are in
buildings of three and four units which is on average one less unit per building compared
with the original site plan. Pod C, with 5 attached residential units, remains the same. The
proposed site plan meets the Crabapple Crossroads Overlay District standards required
for townhomes. Staff notes that the townhomes must meet all the development standards
as it relates to residential building design and will be required to go before the City Design
Review Board prior to the approval of a building permit. The proposed modification of
Condition 1.d. would be in keeping with the Board of Commissioners’ original approval of
the subject site. Therefore, Staff recommends APPROVAL of Part 1 to modify Condition 1.d.
2) To modify Condition1.e, which currently allows up to 45 single-family residential
units at a maximum density of 0.72 dwelling units per acre, to allow up to 52 single -
family residential units at a maximum density of 0.83 dwelling units per acre based
on total acreage zoned, whichever is less.
This proposed modification to increase the number of single family residential lots does
not negatively affect the overall site plan as approved by the Board of Commissioners.
Staff notes that the seven (7) additional single family lots are located in Pod B. The revised
site plan depicts 12 lots along the south property line (Lots 40-52) which is 3 more than the
original site plan and provides a transition from the townhomes to the larger single family
residential lots. The revised site plan provides 21 lots starting on the north side of Bentworth
Lane and continuing around the outside of Neybridge Lane and are primarily smaller
along the stream buffer on the west side of Neybridge Lane. The original site plan
provided 20 lots. In addition, Lots 11-13 will remain a minimum 1 acre in size. Furthermore,
based on the approved conditions, the amenity area has been relocated away from the
Kensington Farms Subdivision to the south along the main road. Therefore, this area
adjacent to Kensington Farms contains large estate lots. The revised site plan indicates 18
lots interior to Neybridge Lane whereas the original site plan contemplated 15 lots. Staff
notes that Lots 27-29 provide similar size large lots as a transition north toward the
minimum one acre lots. As with the townhome portion, the existing street plan will not
be altered including the future inter-parcel accesses to the other portions of Crabapple.
This proposal will alter the mix of single family and townhome units but the overall density
will remain the same. The proposed modification of Condition 1.e. would be in keeping
with the Board of Commissioners’ approval of the subject site. Therefore, Staff
recommends APPROVAL of Part 2 to modify Condition 1.e.
3) To modify the required minimum lot size in Condition 1.f from 18,900 square feet
such that no more than three (3) lots shall have a minimum lot size of 10,890 square
feet (approximately ¼ acre) or above, at least three (3) lots (Lots 11-13) shall have
a minimum lot size of one (1) acre or above, and the remaining lots shall have a
minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 8 of 9
As depicted on the revised site plan, lots 50-52 range in size from 11,071 to 13,341 which
are located just west of the townhomes. In addition, l ots 11-13 will remain a minimum 1
acre in size. Staff notes that lots 14-18 along Neybridge Lane are more than one acre as
well, along the northern portion of the site. The remaining lots are proposed to be 14,500
square feet in size although it appears that many of the remainder lots are significantly
larger than 14,500 square feet. The areas where the additional single family lots are
proposed are within the sewered area of the development. The proposed modification to
reduce the lot size as described above does not negatively affect the overall site plan
and would be in keeping with the Board of Commissioners’ approval of the subject site.
Therefore, Staff recommends APPROVAL of Part 3 to modify Condition 1.f.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton
County Department of Environment and Community Development on June 7, 2006
with the revised site plan received by the Milton Department of Community
Development on February 4, 2010.
This request is to modify the site plan in general to be consistent with the applicant’s
request to modify conditions discussed above . Overall, the proposed changes are
consistent with the approved conceptual site plan pursuant to Z05-117. Further, the
proposed revised site plan provides a transition from higher to lower intensity of uses.
Retail/office uses are proposed along Birmingham Highway transitioning to townhomes to
small single family lots to larger single family lots. Therefore, Staff recommends APPROVAL
of Part 4 to modify Condition 2.a.
5) To modify Condition 3.e to reduce the 15-foot building separation to a 10-foot
building separation with a 5-foot side yard setback for lots less than one (1) acre.
The applicant is requesting this modification to reduce the required 15-foot building
separation to 10 feet with a 5-foot side yard setback. The approved zoning already
requires the 5-foot side yard setback and it is only the separation from 15 feet to 10 feet
that is being requested. Based on Staff’s recommendation supporting the increased
number of single family lots, it is Staff’s recommendation to support the reduction in the
building separation and side yard setback. This will allow a larger house footprint to be
developed which is consistent with the surrounding new residential development in
Crabapple. Staff notes that the reduced setbacks can meet the current Georgia Building
Code. The proposed modification of Condition 3.e. would be in keeping with the Board of
Commissioners’ approval of the original condition. Therefore, Staff recommends
APPROVAL of Part 5 to modify Condition 3.e.
CONCLUSION
The proposed modifications appear to be in keeping with the Board of Commissioners’
overall intent for this development. Therefore, Staff recommends Approval of ZM10-01,
Parts 1-5.
Prepared by the Community Development Department for the
Mayor and City Council Meeting March 1, 2010 (First Presentation)
Page 9 of 9
RECOMMENDED CONDITIONS
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (RZ05-117) should be revised to read as follows:
1. To the owner’s agreement to restrict the use of the subject property as
follows:
d. No more than 47 townhomes at a maximum density of 0.75
dwelling units per acre based on the total acreage zoned,
whichever is less.
e. No more than 52 single family residential units at a maximum
density of 0.83 dwelling units per acre based on the total
acreage zoned, whichever is less.
f. No more than three (3) lots shall have a minimum lot size of
10,890 square feet (approximately ¼ acre) or above, at least
three (3) lots (Lots 11-13) shall have a minimum lot size of one (1)
acre or above, and the remaining lots shall have a minimum lot
size of 14,500 square feet (approximately 1/3 of an acre) or
above.
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Milton Community
Development Department on February 4, 2010. 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.
3. To the owner’s agreement to the following site development considerations:
e. To provide a 10-foot building separation with a 5-foot side yard
setback for lots less than one (1) acre.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on January 27, 2010 for March 1, 2010 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to All About Spirits
Incorporated d/b/a All About Spirits
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to All About Spirits Incorporated d/b/a All
About Spirits for package retail sale of 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: All About Spirits Incorporated d/b/a All About Spirits
Owner(s) Name: Tana Coleman, President; Terry Coleman, Vice President
Business Address: 15840 Birmingham Hwy, Ste B, Milton, GA 30004
Type of License to be Issued: Package Retail Sale – Distilled Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development