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05-16-11 Packet
CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, May 16, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Ollie Wagner, Alpharetta Presbyterian Church. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 11- 098) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the April 18, 2011 Work Session Minutes. (Agenda Item No. 11- 099) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement Between the City of Milton and Lose and Associates, Inc. to Provide Engineering, Design, and Construction Administration for the Development of a 2-acre Park through an Intergovernmental Agreement with Fulton County Board of Education for an Amount Not to Exceed $14,750.00. (Agenda Item No. 11- 100) (Cyndee Bonacci, Parks and Recreation Director) Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 16, 2011 Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of a Parks and Recreation Event License Agreement Between the City of Milton, Securing A Mind Foundation, Inc. and Up With Kids Sports, Inc. to Offer a Youth Basketball Program. (Agenda Item No. 11- 101) (Cyndee Bonacci, Parks and Recreation Director) 4. Approval of a Revised Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other Related Programs. (Agenda Item No. 11- 102) (Cyndee Bonacci, Parks and Recreation Director) 5. Approval of a Transmittal Letter Requesting a grant from the Georgia Urban Forestry Council to Prepare a Tree Inventory, Assessment and Management Plan. (Agenda Item No. 11- 103) (Lynn Tully, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. A Memorial Day Proclamation. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. ZM11-01 – Requested by Charles Feyt Located at Lot #9 – Atlanta National Subdivision (Crooked Stick Drive) to Modify Condition 1.e. (RZ85-181) to Reduce the 100-foot Building Setback Along the South Property Lines to 50 feet and to Reduce the 100-foot Building Setback Along the West Property Line to 40 Feet. (Agenda Item No. 11- 069) (First Presentation at April 11, 2011 Regular Council Meeting) (Deferred at the April 25, 2011 Regular Council Meeting) (Presented by Lynn Tully, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 16, 2011 Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. RZ10-06 – To Amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping Business, Plant Nursery or Garden Center with Indoor Retail Component. (Agenda Item No. 10-1300) (First Presentation on December 6, 2010) (Previously Discussed at Special Called Work Session, December 20, 2010) (Deferred at December 20, 2010 Regular Council Meeting) (Discussed at March 14, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) 3. RZ10-08 – To Amend the City of Milton Zoning Ordinance, Section 64-1, (First Presentation on December 6, 2010) Definition for Landscaping Business. (Agenda Item No. 10-1301) (Previously Discussed at Special Called Work Session, December 20, 2010) (Deferred at December 20, 2010 Regular Council Meeting) (Discussed at March 14, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution Amending Resolution No. 08-01-09, A Resolution Appointing A Member to the City of Milton Design Review Board for District 6. (Agenda Item No. 11-104) (Presented by Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (None) 14) EXECUTIVE SESSION (None) 15) ADJOURNMENT (Agenda Item No. 11-105) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: May 5, 2011 Meeting Date: May 16, 2011 Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Lose and Associates, Inc. to Provide Engineering, Design, and Construction Administration for the Development of a 2-acre Park Through an Intergovernmental Agreement with Fulton County Board of Education for an Amount Not to Exceed $14,750.00 Background: The IGA for the development of a 2-acre park between Crabapple Crossing Elementary School and Northwestern Middle School has been executed by Fulton County Board of Education. We can now proceed with engineering and construction documents for this project. Discussion: Three firms were contacted to provide a quote for professional services that includes engineering, design, and construction administration. Construction Administration was included because currently the City of Milton does not have staff designated to oversee construction projects. These firms included HDR Engineering, Inc., Pond & Company/ECOS, and Lose and Associates, Inc. The three firms are reputable companies that provide the park design and engineering services needed for this project. All three firms responded and Lose and Associates, Inc. was the best quote. Due diligence has been completed relating to this agreement. Lose and Associates has also been provided a copy of the executed IGA with Fulton County Board of Education for this project. Attachments: A Professional Services Agreement between the City of Milton and Lose and Associates, Inc. to Provide Engineering, Design, and Construction Administration for the Development of a 2-acre Park Through an Intergovernmental Agreement with Fulton County Board of Education for an Amount Not to Exceed $14,750.00 n rCity of Milton 1� PROFESSIONAL SERVICES AGREEMENT CRABAPPLE PARK PROJECT This Agreement made and entered into this day of , in the year 2011, by and between The City of Milton, Georgia (sometimes referred to herein as the "City), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and LOSE & ASSOCIATES, INC. ("Consultant") having its principle place of business at 220 W. CROGAN ST., SUITE 100, LAWRENCEVILLE, GA 30046. WHEREAS, the City of Milton will require certain professional public works services beginning on May 17, 2011; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon: completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a LUMP SUM fee not to exceed $14,750.00 (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton_ The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement or on account of any willfully wrongful act. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or the Fulton County Board of Education, or any of their agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City and the Fulton County Board of Education, and their members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance ( 1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. n �otyd MR. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and the Fulton County Board of Education, and their officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Fulton County Board of Education, or their officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. raly of Milm (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performcd by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability -of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (5) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be 4 subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pa The City and the Fulton County Board of Education shall each be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from May 16, 2011 to October, 2011 or until project reaches completion, but no later than December 31, 2011. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents 5 A '��� cky a ram. In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: ( 1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITU shall be sent to: Chris Lagerbloom, City Manager City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Whit Alexander, Vice President Lose & Associates, Inc. 220 W. Crogan Street, Suite 100 Lawrenceville, GA 30046 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit n 6 shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attorney LOSE & ASSOCIATES, INC.: Signature: Printed Name: Title: SIGNED, SEALED, AND DELIVERED [AFFIX CORPORATE SEAL] in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON: Sy: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: n [CITY SEAL] 11 EXHIBIT "A" SCOPE OF WORK 60y��K:IIHIIIII n ����amim LNS ASSOCIATES, INC. LANDSCAPE AACHITEMRE - ARCHITECTUH • ENGINEERING • PLANNING March 29, 2011 Ms. Cyndee L. Bonacci, CPRP Director of Parks and Recreation City of Milton, Georgia 13000 Deerfield Parkway Suite 107 A Milton, GA 30004 Dear Cyndee, Please review the following scope of services and fee structure for the development of the construction documents for the North Crabapple Park. If you have any questions, please let me know. We can use our standard AIA documents for a contract, or if the city has a standard contract, we can use that as well. We thank you for the opportunity to work with the City of Milton. Sincerely, Lose & Associates, Inc. ij� Oj 9�� Whit Alexander, ASLA, CLARB, LEED* AP Vice President 220 W. Crogan St, Suite 100 Lawrenceville, GA 30046 770-338-0017 770-338-0397 fax LJVrBE ASSOCIATES, INC, 5CAPE ARCIIEEECRIRE -ARCHITECTURE . ENGINEERING - PLANNING SCOPE OF SERVICES AND FEE STRUCTURE UNDERSTANDING The City of Milton wishes to develop a small pocket park on a 2 acre parcel of land between two existing Fulton County Schools and wishes to have the park open as soon as possible. Based on conversations with City staff, the park will contain: • Slight grading near the rear of the property to flatten out the open lawn areas and create a slope up to the tree save area at the rear of the property. • A 6' wide walking trail around the park's perimeter, with connections to Birmingham Highway sidewalks, Northwestern Middle School, and Crabapple Elementary School. ■ Wooden fencing with an equestrian theme along Birmingham Highway and portions of the boundary with Northwestern Middle School. • A Picnic Pavilion area with a Pre -Engineered picnic shelter. Shelter is to likely be a metal frame, metal roof structure, with stone highlights at the base of the columns. The shelter will be sized to accommodate 4 8 -seat picnic tables. Lighting is not to be provided in the shelter. • A half -court concrete basketball court with goal. Fencing is not to be provided. • A 150x120' open lawn area with sodded turf and irrigation. No sports goals are to be provided. • Up to 8 fitness stations will be specified along the trail network • Trashcans and picnic tables will be specified • Landscaping as desired to create separate between the open play lawn and the picnic shelter area ■ Limited disturbance to existing trees • An entry sign and a rules sign. • Numerous sleeves under pavement for future utility connections and other future items. Drinking water will not be provided. Power service will not be provided at this time (irrigation will be by battery controlled devices). The City anticipates that the Fulton County school board will coordinate the removal of the existing house. If not, that work may be required to be part of the construction documents. The Client believes that required hazardous material investigation has already been performed by Fulton County school board. Because the City wishes to expedite the plans at limited cost, full survey data may not be available. During permitting, if codes officials require information to be provided that cannot be substantiated without a survey, the Client will coordinate with them as necessary to allow the project to move forward. 220 W. Crogan St. Suite 100 Lawrenceville, CA 30046 770-338-0017 770-338-0397 fax LAWLOSE ■ & ASSOCIATES IN. LAND NNiNGC N It is anticipated that the construction documents will include: A cover sheet, general notes sheet, an existing conditions/demolition sheet, a site layout sheet, a site grading and drainage sheet, 3 -part erosion control sheets with standard notes and detail sheets, construction detail sheets, a pre-engineered shelter sheet and specification, a landscape sheet with notes and detail sheets, an irrigation sheet with notes and detail sheets, and written technical specifications for the City's use in bidding along with their standard front-end specifications. CONSTRUCTION DOCUMENT DEVELOPMENT API'ROACH Project Kickoff: To initiate the planning process, Lose & Associates will meet with designated Client representatives to discuss the overall program and begin gathering digital base information (GIS data for parcels and topo at a minimum) available for use. We will make a site visit to review the area of the proposed development. Schematic Plan Development: From these discussions, we will coordinate with the Client to prepare a schematic site plan for the construction documents. During the schematic site plan phase, Lose staff will coordinate with utility agencies, public jurisdictions, etc. and will prepare schematic site layout, grading plans and details for the Client's review. We will also prepare a preliminary opinion of probable cost. At the end of this phase, we will meet with the Client to discuss the schematic plans and opinions of probable cost. Construction Document Development Immediately following receipt of the schematic review comments, recommended changes will be made, and preparation of the Construction Documents will begin. We will continue coordination with the requisite permitting agencies to develop permit submittal packages. When complete, these plans will describe the facility detail and full scope of the project both with details, updated specifications and project narrative revision. During this phase the Lose Project Manager will be in frequent contact with the Client's Project Manager to ensure that all modifications meet expectations and planning. Budget analyses will be reviewed along with modifications to the project timeline. As construction document development draws to a close, we will provide an approximate 90% checkset (with updated costs) for review in a meeting with the Client. Upon receipt of comments, plans will be changed and the plans will be provided to the Client for their discussion with the Fulton County school board. Based on the comments received, the plans will be altered and the plans will be sealed and submitted to local codes officials for review and approval. Comments received from codes officials will be forwarded to Client staff along with the recommended remedial action proposed by the design team. Plans will then be modified to reflect codes comments and staff comments and will be resubmitted to codes officials for approval. Upon receipt of approved plans from codes officials the written specifications will be prepared and .pdf copies of the specifications and approved plans will be provided to the Client for use in bidding the project. 220 W. Crogan St. Suite 100 Lawrenceville, GA 30046 770-338-0017 770-338-0397 fax kBESOCIA LO YES, INC. LANDSCAPE ARCHiFBMRE - ARCHITECTURE - E14GINEE04S - 1YANNNNG Meeting Summary: • Kickoff meeting and initial site visit • Presentation of Schematic plan and costs • Presentation of 90% complete plans and costs ■ Coordination meetings with local codes officials for project permitting CONSTRUCTION DOCUMENT DEVELOPMENT PROJECT FEES: Landscape Architectural and Civil Engineering services for the development of construction documents will be billed monthly at the hourly rates listed below towards a maximum, not to exceed fee of $16,750.00. If the total amount of our manhours and expenses do not exceed the fee, the remaining amount will not be invoiced to the client. If the scope of services should change that requires additional time or expenses, we will not exceed this fee unless authorized to do so in writing. BIDDING AND CONSTRUCTION ADMINISTRATION APPROACH Prior to bidding, we will discuss the limits of the current phase of construction and will determine possible alternate bid items. Notes will be added to the plans to outline the limits of the construction phases/alternates. During the bid process, we will provide a set of reproducible construction documents [and .pdf copies of plans and specifications] to the client for their distribution and attend and help facilitate a pre-bid meeting for prospective contractors. We will respond to contractor questions and issue clarifications and addenda as necessary. We will assist the client in analyzing contractor bids and in the contract award process. We will attend and help facilitate a pre -construction meeting. During construction we will meet with the client and the contractor on site at four progress meetings over the course of the approximate 90 day construction schedule to discuss construction progress and to observe site conditions. We will review shop drawings and monthly contractor payment applications and will perform construction closeout review at the last of the four meetings. Meeting Summary: • Attend and help facilitate pre-bid meeting • Attend and help facilitate pre -construction meeting • Attend 4 construction review meetings over the course of an approximate 90 day construction period, including the review of initial erosion control devices and project closeout review. BIDDING AND CONSTRUCTION ADMINISTRATION FEES: Landscape Architectural and Civil Engineering services for the development of construction documents will be billed monthly at the hourly rates listed below towards a maximum, not 220 W. Grogan St. Suite 100 Lawrenceville, GA 30046 770-338-0017 770-338-0397 fax 4 L&LOSE SOCIATES, INC. LANDSCAWARCHnCTLI RE •ARCNITEMRE • ENGINEERING - PLA NNIMG to exceed fee of $4,000.00. If the total amount of our manhours and expenses do not exceed the fee, the remaining amount will not be invoiced to the client. If the scope of services should change that requires additional time or expenses, we will not exceed this fee unless authorized to do so in writing. Hourly rate and reimbursable schedule Senior Principal................................................................................................. $225.00 PrincipalI.......................................................................................................... $175.00 PrincipalII......................................................................................................... $140.00 Sr. Environmental Biologist............................................................................... $125.00 Division Director, LA Specialist........................................................................ $125.00 Senior Landscape Architect, Architect, and Engineer ........................................ $105.00 Engineer SpecialistlProject Coordinator............................................................. $ 90.00 Landscape Architect 1, Architect I, Engineer 1, Project Manager I ...................... $ 90.00 Landscape Architect II, Architect I1, Engineer II, Project Manager II ................. $ 80.00 Land Planner I, Intern Architect I, Engineer in Training I GIS Specialist 1, Assistant Graphic Designer I ................................................ $ 75.00 Land Planner II, Intern Architect II, Engineer in Training II GIS Specialist I1, Assistant Graphic Designer II ............................................. $ 70.00 Draftsman, Const. Administrator I..................................................................... $ 65.00 Draftsman, Const. Administrator]] .................................................................... $ 60.00 Communications Specialist, Accounts Manager ................................................. ............... $ 60.00 Technician............................ ............................................................................. $ 58.00 Assistant Accounts Manager, Administrative Assistant 1 .................................... $ 45.00 Administrative Assistant II................................................................................. $ 35.00 Consultants' Services cost + 10% Postage and Shipping cost + 10% Mileage and Travel Expenses cost + 10% Copies cost + 10% January 1, 2011 NOTE: All the above -stated fees and expenses are to be billed monthly, and the invoices are due and payable upon receipt. Other reimbursable expenses not shown hereon will be invoiced at our cost plus 10%. These rates are current until January 1, 2012, at which time they may be adjusted by the Design Professional. 220 W. Crogan St. Suite 100 Lawrenceville, GA 30046 770-338-0017 770-338-0397 fax City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: May 5, 2011 Meeting Date: May 16, 2011 Agenda Item: Approval of a Parks and Recreation Event License Agreement Among the City of Milton, Securing A Mind Foundation, Inc. and Up With Kids Sports, Inc. to Offer a Youth Basketball Program Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through a license agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: Up With Kids Sports, Inc. is a local organization founded by Milton resident Samuel Hines in partnership with Securing A Mind Foundation, Inc., also founded by Samuel Hines. Sam formed SAMF in 2000 and the mission is to foster children’s intellectual, physical, social, and ethical development through youth programs. Sam established UWKS in 2004 to provide various youth programs consisting of private and group coaching focusing on the fundamentals of basketball. Sam spent 18 years competing as an international professional basketball player and has numerous years of coaching experience. Because Sam resides here in Milton, he wants to partner with the City to offer a comprehensive basketball program for our youth. We were contacted and began meeting with Sam this past winter as we were continuing to plan for future youth programs. Sam provided a partnership proposal and additional documentation to proceed with partnership discussions. Our relationship was contingent on having gym space through the Fulton County Schools IGAs. Now that the IGAs have been executed, we can move forward. We have reviewed the proposal, checked credentials and references, and received a copy of their license and liability insurance coverage. Tom and I agree that this youth basketball program would be an asset to the Parks and Recreation Department. Once this agreement is approved, registration would begin immediately and two camps and one league would be held this summer at Hopewell Middle School per the IGA. A commission of 25% of all registration fees will be paid to the City of Milton for each daytime camp. A commission of 30% of all registration fees will be paid to the City of Milton for each league or activity held outside of the regular school staff hours. Non-resident fees will be collected by UWKS at a rate of 50% more. Attachments: A Parks and Recreation Event License Agreement Among the City of Milton, Securing A Mind Foundation, Inc. and Up With Kids Sports, Inc. to Offer a Youth Basketball Program 1 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT In consideration of the mutual promises made herein, this License is entered into on this _____ day of __________________, 2011 by and among, the City of Milton, Georgia (hereinafter the “City”), Securing a Mind Foundation, Inc. and Up With Kids Sports, Inc. (hereinafter, collectively “Licensee”): 1. Licensed Use: The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use Hopewell Middle School, 13060 Cogburn Road, Milton, Georgia 30004 (the “Premises”), for Milton Up With Kids Sports Youth Basketball Camp (the “Event(s)”) on Monday-Friday from 9:00 a.m. to 3:00 p.m. for the dates of June 13-17, 2011 & August 1-5, 2011 and for Milton Up With Kids Sports Youth Basketball League/Academy (the “Event(s)”) for Summer 2011 beginning on June 27, 2011. This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License immediately for convenience at any time by providing fifteen (15) business days written notice of termination to Licensee. a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by reference. As further consideration for this License, Licensee shall pay to the City a percentage of all registration fees, as described in Exhibit A. Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee. b. Licensee shall immediately comply with all directives of the City provided to Licensee in writing in regard to health, safety and security matters at the Premises and with all pertinent rules and regulations provided to Licensee in writing (including all Rules and Regulations of the Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the Premises by Licensee and guests of the Event(s) following reasonable notice to Licensee and a reasonable opportunity to cure. c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from: i. Any and all loss and/or damage to the Premises or any property located thereon caused by the Licensee and/or by any guest of the Event(s); ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s); and 2 iii. Any other occurrence that results from the Event(s). 2. The City’s Responsibilities: In consideration of the fees set forth in Exhibit A, the City agrees to the following: a. Upon payment of the fees set forth in Exhibit A, Licensee’s use of the Premises in accordance with this Agreement shall be at no additional cost to Licensee. b. The City shall actively conduct external marketing efforts to promote the Event(s), including, without limitation, press releases, reference on the City’s website and other related marketing materials, signage, mass e-mails to City residents, flyers distributed to local schools and other standard methods of advertising. c. Upon Licensee’s request, the City shall verify the residency status of Event participants. d. The City shall ensure Licensee’s access to use of basketball goals and scoreboards at the Premises. e. The City represents and warrants that is has the authority and has obtained all consents necessary to grant the license and rights granted herein to Licensee. 3. Miscellaneous Provisions: a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform under this License. b. The Licensee shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent, reckless or intentional acts or omissions of the Licensee. c. Time is of the essence. d. This License shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this License. Each of the individuals who execute this Agreement agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. 3 IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City: _______________________________ Joe Lockwood, Mayor For the Licensee: Attest: ___________________________________ _____________________________ Samuel T. Hines, Up With Kids Sports, Inc. By: _________________________________________ Samuel T. Hines, Securing A Mind Foundation, Inc. Affix corporate seal here 4 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT Exhibit “A” Licensee: Samuel T. Hines, Up With Kids Sports, Inc. and Securing A Mind Foundation, Inc. Term: Beginning June 13, 2011, Ending June 13, 2012 (Annual Renewal Option); Registration may begin upon execution of this agreement Program/Activity/Event: Coed Recreational Youth Basketball (Grades K-8th) Location: Hopewell Middle School Gymnasium (Per City IGA with Fulton County Schools) Time(s): Camps - 9:00 a.m. to 3 p.m. / League and/or Academy - 6-9 p.m. Day(s): Camps - Monday-Friday / League and/or Academy – Monday-Friday Registration Process: www.myuwks.com Fees Charged By Licensee: CAMP: $135 for full day, $100 for half day for Milton residents; $202.50 for non-Milton residents for full day, $150.00 for half day for non-Milton residents. LEAGUE: $115 for Milton residents; $172.50 for non-Milton residents ACADEMY:_$150 for Milton residents Age 11 and under; $225 for non-Milton residents Age 11 and under $200 for Milton residents Ages 12+; $300 for non-Milton residents Ages 12+ Rate Paid to City of Milton: 25% of all registration fees for Summer Camp 30% of all registration fees for Summer League and/or Academy Payments Made: Two weeks after the end of registration Reporting Documentation Required: Participant rosters including address, age, along with fee paid Limitations: Space and time available for use Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, Background Checks and Correspondence The City of Milton will market this program partnership on its website under Parks and Recreation, Programs and Activities. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: May 4, 2011 Meeting Date: May 16, 2011 Agenda Item: Approval of a Revised Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other Related Programs Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through a license agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: This is a revision of the original agreement with Kolleen Riddick and CorePhysique approved on September 20, 2010. The fitness camp classes have been going very well and Kolleen is ready to expand her offerings and also needs to increase her fees to account for additional investment into these program offerings including staff, time, and materials. Her fees are still at or below market rate. New classes are set to begin in June and more in the fall. The commission rate of 20% will remain the same. Attachments: A Revised Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other Related Programs 1 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT (rev 4-20-2011) In consideration of the mutual promises made herein, this License is entered into on this _____ day of __________________, 2010 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kolleen Riddick of CorePhysique, LLC (hereinafter “Licensee”): 1. Licensed Use: The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use Bell Memorial Park and Bethwell Community Center (the “Premises”), for Milton Fitness Camp Classes (the “Event(s)”) beginning on June 6, 2011. This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have reasonable access over the City’s property to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License immediately for convenience at any time by providing a written notice of termination to Licensee. a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by reference. As further consideration for this License, Licensee shall pay to the City 20% of all class participation fees. Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any City facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if applicable, for locking the City facility and securing any City equipment used by Licensee. b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security matters at the Premises and with all pertinent rules and regulations relating to the City’s property, except as are more specifically modified by this License Agreement. This provision shall be enforceable by the City, and failure of Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the Premises by Licensee and guests of the Event(s). c. Licensee shall indemnify, save and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from: i. Any and all loss and/or damage to the City or its property caused by the Licensee and/or by any guest of the Event(s); ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s); and iii. Any other occurrence that results from the Event(s). 2. Miscellaneous Provisions: a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform 2 under this License. b. The Contractor shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent, reckless or intentional acts or omissions of the Contractor. c. Time is of the essence. d. This License shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this License. Each of the individuals who execute this Agreement agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City: _______________________________ Joe Lockwood, Mayor For the Licensee: ___________________________________ Kolleen Riddick, CorePhysique, LLC, Member 3 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT Exhibit “A” (rev 4-20-2011) Licensee: Kolleen Riddick, CorePhysique, LLC Term: Beginning June 6, 2011, Ending June 6, 2012 (Annual Renewal Option) Program/Activity/Event: Fitness Camp Classes Kids Fitness Classes (M,W,F from 8:30a.m.-9:30a.m.) – Summer 2011 ONLY Location: Bell Memorial Park & Bethwell Community Center Time(s): 5:45 a.m., 7:15 a.m., 8:05a.m., 8:30 a.m. & 7:15 p.m. Day(s): Mondays, Wednesdays, and Fridays Evening(s): Tuesdays and Thursdays Registration Process: www.corephysique.net Fees Charged By Licensee: (Summer 2011) $120 for all new attendees; Campers will have the option to sign up for five days at $180. 8:05- 8:25a.m.will be a short core class for existing campers $30 for the twelve sessions every M, W, F. Evening Class (Tu & Th): $90 per 8 sessions (Fall 2011) $120 per 12 sessions (4 weeks) for Milton residents; $180 for non-residents Kids Fitness Classes: $45 first child and $15 each additional child. Ages 5-18. Commission Rate Paid to City of Milton: 20% of all participation fees Payments Made: Two weeks after the end of each 4-week session Reporting Documentation Required: Class rosters with fees paid Limitations: Minimum of 15 participants required; Maximum of 30 Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, and Correspondence The City of Milton will market this program on its website under Parks and Recreation, Programs and Activities. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: Submitted on May 6, 2011 for the May 16, 2011 Regular Council Meeting Agenda Item: Approval of a Grant Request for the City of Milton from the Georgia Urban Forestry Council to conduct a Tree Inventory, Assessment and Management Plan. City Manager’s Office Recommendation Approval of a grant request from the Georgia Urban Forestry Council to prepare a Tree Inventory, Assessment and Management Plan for the City of Milton. Discussion The City of Milton has an active commitment to citizen quality of life. Maintaining a significant amount of our tree canopy is integral to preserving and promoting that quality of life. GUFC offers a myriad of grants relating to tree protection and preservation across the state. Through the GUFC Grant Milton has an opportunity to engage an environmental firm to create a study that collects pertinent data on our tree canopy and current management processes. This study will be used as the backbone of future grant requests for implementation projects. The grant is in the amount of $20,000 with a 100% match. Total project costs are estimated at $40,000 with the match being contributed as cash and in-kind services. Future GUFC grant funds will be available to projects included in the implementation program of this study. Funding and Fiscal Impact The city will be matching this grant with a 100% match. This money has been included in the grant match funds in the 2010-2011 budget for this purpose. Concurrent Review Chris Lagerbloom, City Manager [Memo.GUFC Grant Request Approval.050611] Application Form 2011 Urban and Community Forestry Grant Program Please type This page must be the first page of your application packet (For office use only) Grant W GFC District # SCFP District Date Postmarked: Tree City USA: Yes I No Project Information Project Title (l0 words or less): City of Milton Tree Inventory, Assessment and Management Plan Project Description (3 sentences or less); This project seeks to conduct a Tree Inventory to evaluate the status and condition of Milton's community forests on City property. The project will also result in a Community Forest Management Plan and a No Net Loss of Trees policy. Data collected from this project will be basis for further research and implementation subsequent projects identified in the City's comprehensive plan. -Applicant Information Organization Name: City of Milton FEI Number: 1-�,o66c,2- 501(c)3 status: ❑ YES X❑ NO Project Manager (Person responsible for project reporting and activities. All correspondence will be directed to this contact.) First Name: Michele Last Name: McIntosh -Ross Title: Planner -Mailing Address: 13000 Deerfield Parkway, Suite 107-F City: Milton County: Fulton State: GA Zip: 30004 Daytime Phone: 678-242-2538 Fax Number: 678-242-2550 E -Mail Address: rnichele.rncintosh cit ofmilotn a.us Web Site: www.cityofmiltonga.us Financial Information U&CF Funds Requested + Total Cash .Match + Total In -Kind .Match = Total Amount of Project U&CF Funds Re uested $20,000 Total Cash Match $5,000 Total In -Kind Match $15,000 Total Amount of Project $40,000 Signature of Agreement As the duly authorized representative of the applicant named above, I hereby certify that all parts of this grant application have been read and understood and that all information submitted herein is true and correct. if awarded a grant under the Urban and Community Forestry Grant Program of the Georgia Forestay Commission, said organization agrees to comply with all Federal and State guidelines for completion of the grant. Sig ature of 19thorizeftepresentative ©ate 6j Ace tits — Name and 'Pule Qf Authorized Representative (Please print or type) Legislative Information Please list the Georgia State Senators, Representatives, and US Congressmen and their corresponding District numbers within all Districts affected by your grant. Please go to hLtp://www.congress.org/coneressorp-,/dbg/officials/ to verify your information. State Senators District Number Jack Murphy R-27 David Shafer R-48 Dan Mood R-56 State Representatives District Number Calvin Hill 21 Mark Hamilton 23 Tom Knox 24 Jan Jones 46 Charles Martin 47 US Congressman District Number Saxby Chambliss Johnn Isakson Tom Price 6 Page: I City of Milton Tree Inventory, Assessment and Management Plan Proposal Narrative Narratives must be attached to the Application Form and should be concise responses to the questions and statements below. Include the Project Title and page number at the top of each page. The narrative should be written using the outline format below. Include the number and heading for each section. I. Introduction and Purpose A. Provide a brief introduction to your organization in 100 words or less. The City of Milton was incorporated as a City in 2006 and residents pride themselves as a distinctive community that embraces small-town life and heritage while preserving and enhancing the City's rural character. Residents are eager to distinguish their community as unique for its rural equestrian character and vision. During the recent comprehensive plan community participation process (2010), the citizens of Milton expressed a strong desire to implement tree policy that would result in the City maintaining its tree canopy — no net loss of trees — and being a green community. The City of Milton is committed to maintaining the unique quality of life for its residents in an interactive community environment. B. Identify which Project Category your project primarily addresses. If your project addresses multiple project categories, indicate the secondary categories after listing the primary category. This project includes the development of the following elements of Category 1: Management Plans and is expected in incorporate the following: ■ Tree inventory and assessment, and training for staff and volunteers • GIS mapping of community forests • Community forest management and master plan ■ Strategic Planning Workshops and Meetings • Key Policy Actions items that would promote Green infrastructure and greenbelt development (rural viewsheds) This project includes the development of the following elements of Category III: Ordinances/ Policies ■ Introduction of no net loss of trees policy for inclusion in a Tree ordinance revision • Community Forestry Best Management Practices development is expected in the forest management plan • Key Policy Actions items that would promote Smart growth, anti -sprawl, forest fragmentation reduction and urban/rural interface initiatives This project includes the development of the following elements of Category V: Information and Education • Public education and materials • Web site exhibits and social media • Arbor Day and Earth Day public awareness activities • Quantification of community forest values City of Milton 13040 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh@cityofmiltonga.us Page: 2 City of Milton Tree Inventory, Assessment and Management Plan C. Explain the Purpose of your project in one or two sentences. This project seeks to evaluate the status and condition of Milton's community forests as one of the first steps towards building a comprehensive Community Forest Management Plan and implementing a No Net Loss of Trees policy. Milton's comprehensive vision to preserve its rural character is a fundamental inspiration to the purpose of the project; to limit the loss of the community's forests and green space, limit the increase of impervious surfaces, and improve air quality, storm water, health of people and aesthetics, while handling the pressures of population growth and economic development in a sustainable way. II. Objectives List the objectives of your project and explain how the project will address some of the Federal and State Program Objectives (pages 1 & 2 of the Application Guidelines). Indicate the numbers of the Federal or State objectives in your explanation (e.g.: State Objective 2, Federal Objective 1). Objectives 1. To ascertain the status of Milton's forests on City property 2. Inventory Street Trees 3. Plan for maintaining and adding to the street tree inventory and canopy 4. Implement a no net loss of trees policy 5. Educate and train staff to sustainably manage the project 6. Educate and involve the community and elected officials about the benefits of forests 7. Leverage the data collected from this project to further the goals of forthcoming proj ects • As a result of this project, the strategic canopy goals that are established would mitigate climate change as mentioned in Federal Objective # 1. • As a component of the No Net Loss of Trees policy objective, Milton is planning to incorporate goals and guidelines for tree canopy and pervious surfaces in parking lots and along the City's rights of way. Attention will be given that the resulting canopy goals are supported by federal, state and local requirements in air quality and storm water implementation plans as referenced in Federal Objective # 2 and State Objective # 1. • The No Net Loss of Trees policy will incorporate tree canopy enhancement by recommending replacement trees that are more robust and contribute to an overall improved canopy cover; and the management plan will support and promote the preservation and planting of trees as mentioned in Federal Objective # 3 and State Objective # 3. • One of the first steps of this project is to assess the community's forest to provide a basis for a No Net Loss of Tree policy, but to also provide the basis for several of Milton's future development goals that are consistent with Federal Program Objective # 4 that seeks to reduce the impacts of land use change, fragmentation, and urbanization and facilitate green infrastructure planning. Milton's future development strategies per the comprehensive plan include maintaining the rugal viewshed along the roadways, implementing a connected green infrastructure system along rivers, streams and flood City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh�]°a,cityofmilton a.us Pam City of Milton Tree Inventory, Assessment and Management Plan plains, utilizing a Transfer of Development Rights program to preserve the countryside and geographically limit growth/sprawl to specific development areas. State objective # 4 is also addressed. ■ Education about the social, economic, and environmental benefits of urban and community forests and their impacts on the health of people, community livability, sustainability and economic vitality are a major component of success and sustainability of the project's management plan. Well informed residents, staff and elected officials would advance and sustain the project and be more adept to leverage this project to expand knowledge and research as referenced in Federal Objective # 5 and State Objective # 2 and #5. III. Project Detail Provide a detailed description of how the project will be accamplished. Include: A. Activities —Describe all activities you will undertake to :accomplish the project. The City of Milton is seeking a baseline Tree Inventory Study and Management Plan in order to implement a No Net Loss of Trees policy. The No Net Loss of Trees goal is to maintain and increase the current 2012 tree inventory and urban tree cover along rights of way (+1- 200 miles) and on City property (+1- 300 acres). Tracking a No Net Loss of Trees goal requires a baseline to comparatively measure loss or gain of trees. Another major component to the No Net Loss of Trees goal is to recognize and identify development and non -development regulations that contribute to tree loss, and counter with a solid management plan that includes integrating opportunities to increase tree cover. A consultant will be hired to conduct the following: 1. A catalog of the City's trees in terms of size, health and quality, appropriateness, risk to insects and disease, and suggested replacement trees; 2. Definitive priority mechanisms and suggested policy actions that would achieve a No Net Loss of Trees policy; 3. A management plan to enable City staff to continue to track its trees and maintain a No Net Loss of Trees including a list of strategies to help improve urban tree cover; 4. Public Education Presentations City of Milton staff will support consultant and manage most of the marketing and workshops and GIS components as well as the three (3) periodic progress reports (December 2011, March 2012, June 2012) and a (1) final report (August 2412) (hardcopy and electronic formats). The following section shows the timeline of project milestones, but also includes details about all activities you will undertake to accomplish the project including responsible party designation. City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh cl ofmilton a.us Page: 4 City of Milton Tree Inventory, Assessment and Management Plan B. Timeline - Indicate the Project Start Date, a Project End Date, and Timeline of proposed completion dates by project milestone. Please keep in mind that the project can not begin before September 1" and must be completed in one year. Urban and Community Forestry Grant Responsible party Award Aloti ication GFC Mid to late July 2011 Contract Execution City of Milton by Au st 31, 2011 Project Start Date September 1, 2011 Create property scope in GIS Staff September, 2011 Selection of consultant Staff September, 2011 Task 1: Inventory Catalog Consultant October 2011 —March 2012 Periodic Progress Report # 1 Staff December, 2011 Task 2: Key Policy Actions Consultant Aril — May 2012 Periodic Progress Report # 2 Staff March, 2012 Task 3: Management Plan Consultant Aril — June 2012 Periodic Progress Report # 3 Staff June 2012 Task 4: Public Education Presentations Consultant, Staff, Volunteers July — August 2012 Media Staff Ongoing throughout project duration Inventory Catalog, Key Policy Actions, and Management Plan presented to Council Consultant July, 2012 Final Progress Report I Staff I August, 2012 Project End Date August 31, 2012 [no extensions! C. Personnel, Partnerships and Participants — specifically identify project personnel and their qualifications, project partners, and corporate sponsors. if hiring a consultant, include proposal{s} in the supporting materials or indicate the qualifications that will be required. Indicate the number of volunteers and identify their sponsoring organization, as well as any other citizen involvement or outreach. City of Milton Human Resources assigned to this project: • Project Management — Michele McIntosh -Ross, Planner {Member of the GUFC Sar bonus] • Mark Law, Arborist (Member of the GUFC spr bonus} • Nick O'Day, GIS Manager • Jason Wright, Communication Specialist for Media/Outreach Consultant Services will be used for: • Task 1: Inventory Catalog ■ Task 2: Key Policy Actions • Task 3: Management Plan • Task 4: Public Education Presentations City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 rnichele.mcintosh@ci(yofmiltonga.us Page: 5 City of Milton Tree Inventory, Assessment and Management Plan Proposals from Davey Resources Group and Chris Barneycastle are included in the supporting materials. IV. Benefits A. What are the benefits of your project? Address the rollowing questuons in your answer: • How will it improve local, state, regionaV, ondlor nationall urhan annd vo m ufln ly forestry programs? ► What are the public relations and educational benefits`! • How will the project enhance environmental, economic, cultural, social, historical or psychological values in the community? • How is the project innovative in your community? • Is there potential for continuation of the project or duplication in other communities? The metropolitan Atlanta region faces development pressure leading to sprawl beyond twenty and thirty miles outside of Atlanta. Milton is within thirty miles of Atlanta, but residents have expressed an unwillingness to succumb to such pressures and a willingness to preserve its rural character. This project will create a basis for a no net loss of trees policy and include ways to increase tree canopy in the future. This project will demonstrate and model the steps to a strategic community forest management plan that will preserve community rural character, increase tree canopy in the future development/urban areas of the City, improve livability and air quality, reduce the heat island effect, improve storm water, etc that can be duplicated in other jurisdictions or communities with similar circumstances and desires. These outcomes will invariably enhance the environment and the environmental values of a community. Less evident are the enhancements to the economic, cultural, social, historical and psychological values of the community. These are still measurable by comparisons and have been noted in academic research studies that survey residents in communities with more tress versus residents in communities with fewer trees. In general, values within the community with more trees are enhanced which makes the term livable community synonymous with the addition of trees and green space. This project is especially innovative because it spans several categories and makes connections with several goals of the City's comprehensive plan. The project also has a high leveraging potential for future projects as well as serving to connect other jurisdictions. The plan to use social media as part of the marketing of this project to engage the audiences is new and can be an example to best practice for other communities. Throughout the project process the community promote stakeholder ownership that can lead project. will benefit from educational opportunities that to the advancement and sustainability of the City of Milton 13000 Deerfield Parkway, Suite 147-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh@cityoftniltonga.us niltonea.us Page: 6 City of Milton Tree Inventory, Assessment and Management Plan R. Describe how this urban & community forestry project helps accomplish one or more goals in your community's comprehensive plan. In your answer, include the actual goal or phrasing from the comprehensive plan. The Comprehensive Plan's 2011 -- 2015 Short Term Work Program identifies the projects that the City would like to address in the short term. Under the section Natural and Cultural Resources several line items specify projects that would be accomplished or partially accomplished by this project. Item 3 states: Pursue grant funding from GA Forestry Commission to conduct a Tree Canopy Study to establish a baseline for tree preservation. Item 4 states: Implement an inventory of current street trees within key areas of Milton, such as Crabapple Crossroads, Birmingham Crossroads, and Highway 9 Corridor that can be identified and managed by a GIS system. Item 7 states: Study potential greenway and greenspace protection through easements, land trusts, etc. Item 8 states: Create an ordinance to support the creation of a green infrastructure system. Under the section Facilities and Services, item 18 states Pursure certification through the Atlanta Regional Commission's Green Communities program; and Item 19 states: GA DOT's GATEway Grant Program (explained below). The Comprehensive Plan also highlights Milton's interest in limiting tree loss in the Community Issues and Opportunities section of the plan. The issue states: Loss of tree canopy and specimen tress detracts from community aesthetics, threatens environmentally sensitive areas, and exacerbated heat-island effects experienced throughout the metropolitan area. The opportunity states: Develop policy that would mitigate the loss of tree canopy and specimen trees. The Comprehensive Plan also features a future development section with a map and narrative (see map insert). The Future Development Map identifies the areas of the city where future development should be allowed in order to preserve the rural character of the rest of the City. Among these areas are the master planned village mixed-use developments of Birmingham Crossroads and Crabapple Crossroads. The Arnold Mill area along state route 140, is identified for future development pending a master plan as well as the area of the city between state route 9 and GA 400, the Deerfield area. The SR 9 and Deerfield area is of high priority to a master plan to guide development because of its location between two major state routes and its already shows decline in livability, increased impervious surfaces, loss of tree canopy and increased storm water. This Tree Inventory, Assessment and Management Plan project will concentrate on these areas of the city so that a management plan and a No Net Loss of Trees policy/ordinance could be in place before future development occurs. Images showing before: and after the introduction of trees in one of the identified future development areas of the City - Crabapple City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh@ciiyofmiltonga.us Page: 7 City of Milton Tree Inventory, Assessment and Management Plan A major step in leveraging has already occurred for the high priority area of SR 9 and Deerfield. The Atlanta Regional Commission awarded a Livable Centers Initiative (LCI) grant to Milton to study and produce a land use master plan for the area (July 2011 — April 2012). This grant opportunity addresses land use and streetscape improvements that would result in a more walkable and livable community for people of all ages and abilities. As this planning study gets underway recommendations will be made for street trees and tree requirements in parking lots. These will be recommended with the caveat that specific minimum tree and canopy cover must meet the stipulations of the pending no net loss of trees policy and community forest management plan. Also in the Comprehensive Plan's Future Development section, Rural Viewsheds are identified for preservation (see map insert). The rural viewshed refers to the characteristic pastoral views that can be seen along the roads as one travels through Milton. Rural viewsheds contribute to the rural character and sense of place of the City of Milton. The scenic qualities of many of Milton's roads are considered to be character defining features and the preservation of the trees along these routes is of utmost concern. The Plan states that these are priority areas for resource surveys and development of guidelines and buffers as part of a larger program to mitigate loss of community forest. In the Policy section of the Comprehensive Plan it states policies and strategies as follows: Policy 2.4. We will expand the identification, documentation, and protection of historic, cultural, and archaeological resources in the city, and when possible encourage access by the public. Strategy: Identify those elements of the rural landscape (i.e. specimen trees, tree canopies, woodlands, fences, hedgerows, structures, etc.) that contribute to rural character and scenic viewsheds within the community. Policy 2.5. We will promote the protection and maintenance of trees and contiguous green open space in new development. Straten: Promote community awareness regarding the economic value and sustainability of green space preservation and maintenance of existing vegetative cover and protection of trees. Strategy: Promote design standards which prefer the retention of existing trees and tree coverage to new plantings. Strategy: Ensure existing tree canopy along scenic streets and other public rights of way are protected. Stratey: Increase setbacks and undisturbed buffers between roadways and developments including both residential and commercial. Atlanta Regional Commission's Green Communities program is a certification program that municipalities can apply for that ranks the community's level of implemented Green initiative with a point system in various categories. Under the category Tree and Greenspace, Milton will use this project and the data resulting from this project to accomplish points for the following green initiatives: Number 28: Government No Net Loss of Trees Policy — Adopt a government no net loss of trees policy for government property that can determine no net loss using either canopy coverage or City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30404 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintush@cityofiniltonp-a.us Page: 8 City of Milton Tree Inventory, Assessment and Management Plan the `diameter at breast -height' (DBH) method and include benchmarks for increasing canopy density or DBH measurements and clear guidelines regarding suitable replacement trees. Number 33: Parking Lot Canopy Requirements — Develop and enforce parking lot canopy standards that result in 50% canopy coverage of impervious parking surfaces within 15 years of completion. Number 34: Community Forest Master Plan — Adopt a community forest master plan that has a comprehensive analysis of community forests and trees. Plans should include the current status of the community forests (tree populations, distributions, species, etc). Effective forest plans will document current tree canopy coverage and existing tree species (as well as populations of each). Plans should also outline short-term and long-term goals for the status of local forests. These goals should be accompanied by applicable action items and implementation tools. Plans should also outline those tree species that are indigenous to the local community and are therefore recommended for residents to plant, as well as invasive species that should be eradicated/avoided. GA DOT's GATEway Grant Program offers grants for communities to enhance and beautify roadways along state routes at gateway points. Pursuit and subsequent receipt of this grant demonstrates Milton's commitment to improving its tree inventory and adding to a no net loss of trees. In 2010 Milton received a recommendation for grant funding from the GA Department of Transportation's GATEway grant program. Milton applied for Hwy 9 (SR 9) at the Forsyth County line, Hwy 9 at Webb Road, Birmingham Hwy (SR 372) at the Cherokee County line, and Crabapple Road (SR 372) at Green Road. Plans are set to install signs and plant trees and shrubs at these locations. Tree planting at other gateway points along local roads will be funded through the City's General Fund. V. End Prod uct/Resu l List deliverables to be aevomplished with grant funds (i.e. management plan, street tree inventory, staffing, training program, brochures, videos, web sites, media or newsletter articles, etc-) and identify the recipients of the deliverable (water system customers, Chamber of Commerce, citizens in zip code). The City of Milton and its residents will be the recipients of the following deliverables: • Tree Inventory Data and Catalog • Key Policy Actions • Management Plan • Public Education Presentations VY. Marketing A. Marketing Objectives Describe your three most important marketing objectives. Marketing objectives should be different from your project's objectives. Make each marketing objective specific and measurable. City of Milton 13004 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintosh@ciwofmiltonga.us Page: 9 City of Milton Tree Inventory, Assessment and Management Plan 1. To increase knowledge and awareness of the value of trees among residents and elected officials — by conducting educational seminars, posting information of the City's website, 2. To involve the community and to obtain buy -in from the community to further affect policy — by hosting meetings, workshops and outdoor events as well as utilizing social media to encourage correspondence between City and public. 3. Gather support from neighboring jurisdictions to further inter jurisdictional partnerships — by meeting with the relevant officials from neighboring jurisdictions to promote data sharing and future project ideas. B. Marketing Measurements Measuring the outcome of your marketing efforts is important for continued progress of your initiatives and serves as an important indicator of program impact and effectiveness. 1. Quantitative Measurement Describe at least 2 of the following examples of Quantitative Measurements used in your project proposal. Participants and visitors - Attendance at various events including repeat and unique attendees will be quantified to determine the level of participation, and may give an indication of the spread of knowledge and awareness. 2. Website hits and downloads — Milton uses electronic media serve its residents with information and to obtain feedback. The activity on our website will quantify the level of information exchange and involvement. 2. Qualitative Measurement Describe at least 2 of the following used in your project proposal. 1. Tree ordinances/policies — The development of a no net loss of tree policy is an overall objective of this project. It also marketing objective for obtaining community involvement so that there is buy -in and support for the implementation of the policy. 2. Formal Review and evaluation of plans by elected officials and other representatives — The documents produced from this project, i.e. the forest management plan and the no net loss of trees policy document would have to be reviewed and adopted by the elected officials to determine complete success. C. Target Audiences List and describe the 2 most important target audiences for your Project. Research shows that programs that focus on the "general public or general citizens" are NOT effective because it is difficult to effectively market, communicate or influence the interests of mass publics without considerable resources and expertise. City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -boss, Planner 678-242-2538 michele.mcintosh(]ae,cityofmiltonga.us Page: 10 City of Milton Tree Inventory, Assessment and Management Plan A target audience is a specific group of people with a clearly defined characteristic. 1. Local Government officials, Community Leaders/Stakeholders — are the targeted audiences for this project. After the data gathering stage of the tree inventory, the management plan and the no net loss of trees policy implementation has to the marketed to the decision makers in order to be adopted. 2. Community Partners/Collaborators — including resident environmental groups are targeted to be the citizen voice to the elected officials to encourage plan and policy adoption. D. Marketing Tools and Strategies Select and/or describe any marketing tools or strategies you plan to use to support your program implementation, Media • Press releases, press kits, photographs • Magazines/newsletters ■ Internetlwebsite and links to other sites Promotions • Tree Inventory Events • Arbor Day Events • Earth Day Events • Christmas Tree Recycling (Milton's annual Bring One for the Chipper event) and other recycling events Educational • Seminars & workshops ■ Research findings/reports • Data collection • Public meetings/forums and public hearings Materials Handouts, brochures, pamphlets • Signage/plaques ■ Materials available online to be downloaded • Video, power point, slide show, multi -media • Letters, direct mail, posters Evaluation/Assessment • Post event/program follow-up • Questions/Critiques/evaluations • Marketing Planning/Goal Setting City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-212-2538 michele.mcintosh@cityofiniltonga.us City of Milton Tree Inventory, Assessment and Management Plan VII. Budget The following four elements must he included in your budget section: A. Financial Detail form The Financial Detail form (located at the end of this application) must be used to summarize the overall project budget. Please round to the nearest whole dollar. SEE FOLLOWING PAGE City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 rrtichele.rncintash «�it�t�finiltonga.us 0 o a o LL u� �i a o 0 [Y7 r Q LC] }- C� {Y] r i � r t'J p f l 0 ��o Q d4 �CC d cam°] LOU U � LOU U � ui U � W � O Q O � N Lt3 C Q � � W. J a � s � W c a Q o v L- LL �cn LL � p LL Q � LLLLI bU � J U `C� Q < a � z D ~ � �j a LL 7- L U N U ['] ❑W LL- �& J - C m Du L- [d Q M L- .� � t' D 0 m Z L i u o cI) � i Z �; LL Q z �n LLu 'o z � � Q li z w a Q D z 09- �o 0 0 o a a a o a a� LU a H L+- w � o 0 U � � _� a 64 613, 0 _T 2 I � 0 w = U1 U3 J Q r � LL >x Q W ~ § � U ll.l z LU C1 LLP m � 7 It a R a of a W Q LL W EI! m N W N W � � g¢ w� W z W � oiS m Q U R cn d Q� a a m Q � � Q u� a ¢ J ❑ �t W W � }- U xW U O CL z w � li z w City of Milton Tree Inventory, Assessment and Management Plan B. Detailed list of expenditures for U&CF funds List and define your proposed expenditures for U&CF Funds. Please be as specific as possible. Remember, U&CF ftinds cannot be used for food, entertainment, or purchase of equipment. City of Milton 13000 Deerfield Parkway, suite 107-F Milton, GA 34004 Contact- Michele McIntosh -Ross, Planner 678-242-2538 michele.mciniosh(a)citvafin,iltoni�a.us Expenditure of U&CF Funds Program Component Tree Inventory and Catalog Item Consulting Services Cnst $12,500 Key Policy Actions Consulting Services $1,000 Management Plan Consulting Services $4,500 Public Education Presentations Consulting Services $2,000 Total U&CF Funds Requested $20,000 City of Milton 13000 Deerfield Parkway, suite 107-F Milton, GA 34004 Contact- Michele McIntosh -Ross, Planner 678-242-2538 michele.mciniosh(a)citvafin,iltoni�a.us City of Milton Tree Inventory, Assesnd Management Plan C. Detailed explanation of Cash and In -Kind Ma Specifically list and define your proposed cash and/or in-kind I penditures. ........._.._. . Expenditures of Cash & In -Kind Fun ..........._...... _..._ . Program C.;ornponcnt j Itcrn Typc of Match Tree Inventory & Management Plan Additional Consulting Services and Additional inventory data collection @ $5.47 per tree [] . Cash Overhead Grant administration, Office rents & utilities, venue rents & utilities for meetings and workshops 0 r In -Kind Tree Inventory Support GIS Manager & Technician 40 hrs @ $25Ihr 0 In -Kind City Arborist 20hrs @ $23/hr 0 In -Kind City Planner 20hrs $23/hr 0 In -Kind Canopy Survey of City property & Analysis GIS Manager & Technician 100hrs @ $25/hr 4 In -Kind City Arborist 40hrs $23Air 4 In -Kind City Planner 40hrs $23/hr 4 In -Kind Kick-off meeting City Planner 4hrs @ $23/hr 2 City Arborist 4hrs @ $23/hr 2 At least 2 Public Education Workshops City Planner 16hrs @ $23/hr 8 In -Kind City Arborist 16hrs $23/hr 8 In -Kind Strategic Planning Meetings City Arborist 4hrs @ $23/hr 2 In -Kind City Planner 4hrs $23/hr 2 In -Kind 4 Periodic Reports Kity Planner 64hrs @ $231hr 2 In -Kind Creation of Training Manual City Planner 32hrs$23/hr 6 In -Kind Printing & Binding Printing of Plans, Reports, Maps, Meeting Materials, & Media 0 In -Kind Marketing & Media Communication Specialist @ 50hrs $34/hr 0 In -Kind City of Milton Total Cash & In- Kind Funds committed for proposedproject 0 City of Milton 13000 Deerfield Parkway, Suite 107-F i 30001 Contact. Michele McIntosh -Ross, Planner 678-242-2538 michele rii cityofrniltonga.us City of Milton Tree Inventory, Assessment and Management Plan D. Letters of intended support Include letters of intended support (including one from the applicant organization) for all cash and in-kind match expenditures. Each letter of support must include the source, type of the match, the amount and how the value of the match was determined (i.e. wage rate and number of hours for personnel time or retail value of donated materials). SEE FOLLOWING PAGE City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Contact: Michele McIntosh -Ross, Planner 678-242-2538 michele.mcintoshrr cityo€niiltonga.us City of Milton _ 13000 Deerfield Parkway Suite 107G Milton, GA 30004 May 5, 2011 Attn: Joan Scales Urban and Community Forestry Grant Program Georgia Forestry Commission 6835 James B. Rivers/Memorial Drive Stone Mountain, GA 30083 RE: Match Commitment Letter Dear Ms. Scales, The City of Milton pledges its commitment that cash and in-kind funds in the amount of $20,000 will be provided in support of the proposed City of Milton Tree Inventory, Assessment and Management Plan project as matching funds to the Urban and Community Forestry Grant Program's grant amount. These cash and in-kind funds are available now and will continue to be available September 1St, 2011 through August 31St, 2012 to coincide with the proposed project's duration. The following table entitled Expenditures of Cash & In -Kind Funds details the source, type of the match, the amount and how the value of the match was determined. The identified in-kind services and cash are not from a federal source of funding nor has it been counted as match for another grant program. Sincerely, Stacey In is Finance Director Expenditures of Cash & In -Kind Funds Program Corn onent Item Cost Type of Match Tree Inventory & Management Plan Additional Consulting Services and Additional inventory data collection $5.47 per tree $5,000 Cash Overhead Grant administration, Office rents & utilities, venue rents & utilities for meetings and workshops $3,350 In -Kind Tree Inventory Support GIS Manager & Technician 40 hrs @ $25/hr $1,000 In -Kind City Arborist 20hrs @ $23/hr $460 In -Kind City Planner 20hrs @ $23/hr $460 In. -Kind Canopy Survey of City property & Analysis GIS Manager & Technician 100hrs @ $25/hr $2,500 In -Kind Chy Arborist 40hrs @ $23/hr $920 In -Kind City Planner 40hrs @ $23/hr $920 In -Kind Kick-off meeting City Planner 4hrs @ $23/hr $92 City Arborist 4hrs @ $23/hr $92 At least 2 Public Education Workshops City Planner 16hrs cr $23/hr $368 In -Kind City Arborist 16hrs @ $23/hr $368 In -Kind Strategic Planning Meetings City Arborist 4hrs $23/hr $92 In -Kind City Planner 41irs @ $23/hr $92 In -Kind 4 Periodic Reports City Planner 64hrs g $23/hr $1,472 In -Kind Creation of Training Manual City Planner 32hrs @ $23/hr $736 In -Kind Printing & Binding Printing of Plans, Reports, Maps, Meeting Materials, & Media $500 In -Kind Marketing & Media Communication Specialist a 50hrs $34/hr $1,600 In -Kind City of Milton Total Cash & In- Kind Funds committed for proposed project $20,000 Milton named "Tree City USA" City of Milton News Release FOR IMMEDIATE RELEASE Media Contact: Jason Wright iason.wri hg t@cityofmiltonga.us 678-242-2523 (office) 770-825-3096 (cell) Milton named "Tree City USA" Page { of 2 MILTON, GA., Feb. 19, 2010 - Milton is one of the few municipalities in Georgia to be named a "Tree City USA" by the Arbor Day Foundation, an honor City Council celebrated at its Feb. 17 regularly scheduled meeting. The honor comes as a result of the hard work of the Milton Tree Preservation Committee and city Arborist Mark Law. The Tree City USA program, sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public attention and national recognition for urban and community forestry programs. Milton is one of only 130 cities is the state to be awarded the distinction, and one of only 3,440 nationwide. As part of the honor, Law traveled to the Gold Dome Feb. 18 to watch Gov. Sonny Perdue sign his Arbor Day Proclamation. Incorporated on December 1, 2006, the City of Milton is a distinctive community that embraces small-town life and heritage while preserving and enhancing the city's rural character. The City of Milton is committed to maintaining the unique quality of life for its constituents while efficiently delivering essential services to residents and businesses in an interactive community environment. For more information, visit www.cityofmiltonga.us, or call 678-242-2500. http://arch ive.constantcontact.com/fs074/1101538339397/archive/1103068608078.htm1 5/4/2011 Milton named "Tree City USA" Page 2 of 2 Milton Arborist Mark Law, center, shows off the Tree City USA designation given to the city by the Arbor Day Foundation. He was joined by Lynn Tully, Director of Community Development, second from left, and council members, from left, Bill Lusk, Karen Thurman, Alan Tart, Burt Hewitt, Julie Zahner Bailey and Joe Longoria. NOTE: Hi-res photos are available by contacting iasonwright@cityofmiltonga.us. http://archive.constanteontact.conVfs074/ 1101538339397/archive11103068608078. html 5/4/2011 City of Milton Tree City USA DALVEYI- RESOURCE GROUP A Division of ne Davey Trw F#M Company April 28, 2011 Corporale,NeWquarters Michele McIntosh -Ross City of Milton 1500 North Mantra StW 13000 Deerfield Parkway, Suite 107F P.O, Box 5193 Milton, Georgia 30004 Kent Ohio 442445193 RE: Tree Inventory for the City of Milton W-673-569 Dear Ms. McIntosh -Ross: Toll Free 1.800.828.8312 Thank you for contacting Davey Resource Group (Davey) to request a proposal for a tree inventory for the City of Milton. The Scope of Work presented is Davey's Fax 330.873.0660 standard and can be customized to meet the needs of the City of Milton. The following Scope and its associated fees are presented for your consideration. SCOPE of WORK Tree Inventory Davey will conduct a tree inventory of approximately 3,500 trees. This number was based on estimated funds, not on actual number of trees in the City. Milton must determine how many trees exist and will be collected during the project. Davey's inventory will be GISIGPS based and be performed using preprogrammed pen - based computers that collect various tree attribute and other site -related data fields. The Tree Inventory for the City of Milton wil l consist of: An inventory of approximately 3,500 trees ➢ A condition assessment for each tree inventoried A maintenance recommendation for each tree inventoried An Excelm and Accessi spreadsheet and shapefiles of the tree attributes and data fields collected Methods Davey Resource Group's ISA Certified Arborists will utilize pen -based computers specifically configured for Denison's tree inventory project. Pen -based computers offer several advantages including: Data entry is quick because collectors use simple input forms containing pick lists, check boxes, and buttons to save time and money. The computer only accepts certain entries, decreasing errors. All information on a particular tree must be entered before the collector can proceed. Crosschecking between fields occurs in real time as well to prevent inconsistent results. Michele McIntosh -Ross City of Milton April 28, 2011 Page 2. During the project, data from the field units will be uploaded directly to a laptop computer for processing and storage. Once data collection is finalized, it will be subjected to computerized data quality checks and then delivered to the City in Excell", Accesses` and shapefile formats as appropriate. Tree Inventory Data Fields Davey Resource Group proposes the following data fields for the City of Milton. 1. Location—Davey Resource Group identifies the location of each tree. Street trees and open space trees are organized by sequential tree site number, block side, address and mapped information. 2. Species—Trees are identified by genus and species using both botanical and common names and by cultivars where appropriate. 3. Tree Size—Diameter is measured to the nearest inch in one -inch size classes at 4-112 feet above the ground, or diameter -breast -height (DBH). 4. Stems—The number of stems on trunks splitting less than one foot above ground level is recorded. 5. Condition—The general condition of each tree is rated according to the following categories adapted from the International Society of Arboriculture's rating system: Excellent 1000/0 Good 80% Fair 60% Poor 40°/0 Critical 200/0 Dead 0°/0 6. Location Rating—The location rating, along with species, size, and condition ratings, is used in determining the tree's value. The location rating is based on existing land use of the site, the functional and aesthetic contributions of the tree to the site, and surrounding structures or landscapes. Categories for location value include: Excellent, Good, Fair, and Poor. 7. Primary Maintenance Needs --The following maintenance needs will be determined based on ANSI A300 standard specifications: Removal. Trees designated for removal have defects that cannot be cost-effectively or practically treated. The majority of the trees in this category have a large percentage of dead crown. Large Tree Clean. These trees require selective removal of dead, dying, broken, and/or diseased wood to minimize potential risk. Trees in this category are large enough to require bucket truck access or manual climbing. Small Tree Clean. These trees require selective removal of dead, dying, broken, and/or diseased wood to minimize potential risk. These trees are small -growing, mature trees that can be evaluated and pruned from the ground. Michele McIntosh -Ross City of Milton April 28, 2011 Page 3. ➢ Young Tree Train. These are young trees that must be pruned to correct or eliminate weak, interfering, or objectionable branches in order to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole pruner by a person standing on the ground. ➢ Palm Prune. These palms require routine horticultural pruning to remove any dead, dying, or broken fronds. ➢ Stump Removal. This category indicates a stump that should be removed. S. Secondary Maintenance Needs ----The following secondary maintenance needs will be determined based on ANSI A300 standard specifications: ➢ Raise. Trees requiring pruning to remove low branches that interfere with sight and/or traffic. ➢ Reduce. Selective pruning to decrease height and/or spread of the crown in order to provide clearance for electric utilities and lighting. ➢ Thin. The selective removal of water sprouts, epicormic branchcs, and live branches to reduce density. ➢ Restoration. Selective pruning to improve the structure, form, and appearance of trees that have been severely headed, vandalized, or damaged. ➢ None. No secondary maintenance is recommended for the tree. 9. Risk Assessment A risk rating will be assigned using an assessment protocol based on the USDA Forest Service Community Tree Risk Rating System. ➢ Probability of Failure (1-4 points�—Identifies the most likely failure and rates the likelihood that the structural defect(s) will result in failure based on observed, current conditions. ➢ Size of Defective Part (1-3 points�Rates the size of the part most likely to fail. ➢ Probability of Target Impact (1-3 points) --Rates the use and occupancy of the area that would be struck by the defective part. )o Other Risk Factors (0-2 points) --This category is used if professional judgment suggests the need to increase the risk rating. It is especially helpful to use when tree species growth characteristics become a factor in risk rating. For example, some tree species have growth patterns that make them more vulnerable to certain defects such as weak branch unions (silver maple) and branching shedding (beech). 10. Risk Rating—A Risk Rating of each tree is calculated based on the protocol of USDA Forest Service Community Tree Risk Rating System. Generally, trees with the highest numeric risk ratings should receive corrective treatment first. The overall risk rating of the tree will be indicated, based on the sum of above risk assessment field values. See the formula below: Risk Rating (3-10 points) = probability offailure (1-4 points) +- size of defective part (1-3 points) + probability of target impact (1-3 points) + optional subjective risk rating (0-2 points) Assigned risk is meant only to be used as a guideline to make safety -driven maintenance decisions and to direct normal tree maintenance programs efficiently. All risk ratings are based on observable defects at the time of assessment. All observations are made from the ground. Michele McIntosh -Ross City of Milton April 28, 2011 Page 4. The following risk ratings will be assigned: ➢ None. Used for planting and stump sites only. ➢ Low. Trees designated as presenting a Low risk have minor visible structural defects or wounds in areas with moderate to low public access. ➢ Moderate. Trees designated as presenting a Moderate risk have defects that may be cost-effectively or practically treated. The majority of trees in this category exhibit several moderate defects affecting <40% of a tree's trunk, crown, or critical root zone. ➢ High. Trees designated as presenting a High risk have defects that cannot be cost- effectively or practically treated. The majority of the trees in this category have multiple or significant defects affecting X40% of the trunk, crown, or critical root zone. Defective trees and/or tree parts are most likely between 4-20 inches in diameter and can be found in areas of frequent occupation, such as a main thoroughfare, congested streets, and/or near schools. ➢ Severe. Trees designated as presenting a Severe risk have defects that cannot be cost-effectively or practically treated. The majority of the trees in this category have multiple and significant defects present in the trunk, crown, or critical root zone. Defective trees and/or tree parts are most likely larger than 20 inches in diameter and can be found in areas of frequent occupation, such as a main thoroughfare, congested streets, and/or near schools. 11. Observations—General observations warranting recognition include the following: Cavity/Decay Grate/Guard Improperly Installed Improperly Mulched Improperly Pruned Mechanical Damage Memorial Tree Nutrient Deficiency Pest Problem Poor Location Poor Root System Poor Structure Remove Hardware Serious Decline Signs of Stress 12. Further Inspection—Most trees in this category require an annual inspection for several years. A healthy tree obviously impacted by recent construction serves as a prime example. This tree will need annual evaluations to assess the impact of construction on its root system. Another example would be a tree with a defect requiring additional equipment for investigation. 13. Clearance Requirements—Pruning necessary to meet clearance standards over streets and sidewalks is noted where branches are considered to be interfering with the movement of vehicles or pedestrians or where they are obstructing signs, streetlights, or traffic lights. 14, Hardscape Damage --Tree roots causing cracking or lifting of sidewalk pavement one inch or more are noted. 15. Aboveground Utilities—The inventory indicates the presence of overhead utilities at the tree site. Michele McIntosh -Ross City of Milton April 28, 2011 Page 5. Growing Space—Growing space locations are categorized as: I Island M Median N Natural Area O Open/Unrestricted P Planter T Tree 1 awn W Well/Pit 16. Space Size—The minimum width of growing space for root development is recorded. 17. Additional Notes—Additional information of possible importance is noted here. 18. Date of Survey CLIENT RESPONSIBILITIES 1. Provide Davey Resource Group with all maps and other information necessary at no charge. This includes, but is not limited to: electronic or paper copies of AutoCAD maps for roads; pavements; building footprints and names, and utilities, and digital aerial photographs if available. 2. Provide daily contact information and directions as needed during the inventory process. 3. Arrange for a project kickoff meeting on the first day of scheduled data collection. PROPOSED SCHEDULE Davey is available to conduct the inventory beginning November, 2011; however, an agreement must be made prior to commencement. We estimate that it will take two weeks to perform the field inventory and additional time to perform quality control and data analysis, and to prepare the deliverables. FEES GIS -Based Tree Inventory of 3,500 Trees Computerized inventory data collection of up to 3,500 existing trees and stumps, for a cost of.................................................................................. .... $20,000 Additional inventory data collection above 3,500 treeslsites at a unit rate of ................... $5.47 Davey's bid is based on an estimated number of trees to be inventoried within the study area. As with any estimate, Davey does notprovide assurance that this number is accurate to any degree of certainty. However, any significant deviation between actual and estimated tree counts will be identified as soon as possible while Davey's inventory staff is on the job. In such an event, Davey will contact the City to discuss an equitable solution which includes negotiating the price per tree upward or downward as appropriate. Davey also reserves the right to renegotiate the price based on timing of award, scheduling offreldwork, final methodology chosen by the University, and availability, completeness, and quality of maps and GIS information. Tree inventory data may be delivered as ESRD' shapefiles or as an Access'M or Excel'" spreadsheet. All prices are guaranteed 60 days from date of proposal. Prices are also dependent upon final methodology chosen by the University, availability, completeness and quality of maps and GIS information, and timing of fieldwork. Michele McIntosh -Ross City of Milton April 28, 2011 Page 6. THE DAVEY TREE EXPERT COMPANY The Daley Institute In 1873, John Davey came to America from England to fulfill a dream—to preserve trees and provide high- quality horticultural services using practical and scientifically based methods. His dream became a reality in 1884 when he founded The Davey Tree Expert Company. Since then, the Company has transformed into a flourishing enterprise that is one of the 20 largest employee -owned companies in America. At Davey, trees were just the beginning of our venture, and we continue to grow to new heights. Among our proud accomplishments is The Davey Institute, launched in 1909 to initiate scientific research in arboricultural practices and to train employees how to better plant and maintain trees. Almost 100 years later, The Davey Institute remains a leader in scientific advancements and education, ensuring the Company's service lines provide the industry's highest quality service. The Davey Institute also has a fully equipped diagnostic laboratory and training facilities. Residential Tree and Lawn Care Services Davey Tree has provided a complete range of tree, shrub, and lawn care services to homeowners for more than 125 years. Our residential services throughout the United States and Canada include tree, shrub, and lawn fertilization, insect and disease management, tree removal, large tree moving, landscaping, and many other specialty services. We also share our expertise with our customers on topics such as vegetation health care, watering recommendations, and planting techniques. Laree Tree Moving We have been the tree moving experts since 1926. Exceptional service, capability, equipment, and unmatched survival rates set Davey Large Tree Moving apart from other companies. Our expertise has been recognized nationally on programs such as Modern Marvels (History Channel) and on the pages of National Geographic. We take pride in accomplishing the "impossible" and have transplanted some of the largest trees on record. In fact, we currently hold the records for moving the largest rootball (42 feet), heaviest tree and ball (539 tons), and largest hardwood (73 inches in diameter). Commercial Tree Care and Grounds Management We are one of North America's largest commercial landscape management companies, and we take pride in managing award-winning properties and meeting the toughest grounds care challenges. Davey has been the preferred landscape service provider on some of the country's most prestigious grounds, including Arlington National Cemetery, The Pentagon, and the headquarters of media giant Gannett Co. and its USA TODAY offices. Michele McIntosh -Ross City of Milton April 28, 2011 Page 7. DAVEY RESOURCE GROUP Davey Resource Group (DRG) is the consulting division of The Davey Tree Expert Company. Established in 1992, DRG offers urban and utility forestry management and natural resource consulting services throughout North America. DRG's services include: natural resource studies and permitting ecosystems analysis and mapping ecological restoration and mitigation environmental planning tree preservation planning vegetation management along rights-of-way asset management and inventories tree and forest canopy inventories urban forestry management plans DRG is the leader in urban forestry and has provided expert consulting to a wide variety of clients, including municipalities, parks, cemeteries, golf courses, utilities, and the private sector. Our team of ISA Certified Arborists, GISAT specialists, and highly trained scientists and field staff has the knowledge, experience, and technology to Delp you succeed in managing and understanding your include training, consulting, software programming, and contract forestry, will help you achieve your goals. DRG has inventoried well over 2 million trees while conducting more than 300 urban tree inventory projects. Many of these projects included comprehensive urban forestry management plans and customized software for inventory and data management. In addition, Davey collaborates with other green industry leaders in developing new technologies to inventory, analyze, and quantify environmental benefits provided by tree populations. A proud example is Davey's role as technical advisor and transfer agent for the i -Tree project, an ongoing public/private urban forestry research collaborative with the USDA Forest Service, National Arbor Day Foundation, Society of Municipal Arborists, and the International Society of Arboriculture. The goal is to improve the understanding of the condition, extent, and benefits of the urban forest. DRG is committed to continuous improvement and customer service. We know that to be the best, we must always work to be better. Davey understands that innovation, experience, technology, quality assurance, and communication—provided by a well-trained, professional staff—are keys to successful projects and client satisfaction. Michele McIntosh -Ross City of Milton April 28, 2011 Page 8. REFERENCES City of Unser Arlington, Ohio Contact: Steve Cothrel 614-583-5340 Upper Arlington opted to upgrade their TreeManager'' for DOS software to Davey Resource Group's TreeKeeper' 7 subscription software. Davey provides a secure website for hosting the tree inventory and the application itself. Upper Arlington also received the software necessary for accessing the database remotely in the field. Davey also sent a technical support specialist to spend a day with Upper Arlington personnel to train them on how to use the TreeKeepero 7 software package, as well as identify differences in the system as compared to TreeManager for DOS. In addition, Davey was able to use geocoding to assign the non -GIS -based tree inventory GIS information, tying the tree records to the appropriate parcel, adding additional value to an inventory that was 1.2 years old. Coupled with the built-in GIS component in TreeKeeper® 7, Upper Arlington is able to see their trees spatially on the map, aiding them greatly in analyzing the data for pest risk, as well as identifying tree locations for routing and planning purposes. Georgia Perimeter College. Atlanta, Georgia Contact: Sharon Topping 678-891-3968 Davey Resource Group conducted a four -campus GIS -based tree inventory for Georgia Perimeter College. Davey urban foresters collected data on 2,600 trees and evaluated each tree for health and structure, site condition, and recommended prioritized maintenance needs. Tree attribute and location data were collected using pen tablet computers and basemaps provided by Georgia Perimeter College's GIS department. The data were loaded into Davey's Asset Manager software which allows the College to plan and schedule work, print reports, and maintain an up-to-date inventory. Color, large -format wall maps of each campus were also customized and produced to display the results of the individual campus inventories. In addition to the campus tree inventory, Georgia Perimeter College received a specialized campus tree management plan that detailed the management needs and estimated a five-year tree maintenance budget of each individual campus. City of Jacksonville, Florida Contact: Don Robertson 904472-2900 Davey Resource Group has conducted a street and park tree inventory for the City of Jacksonville. Davey urban foresters collected data on over 47,000 trees, stumps, and potential planting sites. Each tree was evaluated for health and structure, site condition, and prioritized maintenance needs. Tree attribute and location data were collected using pen tablet computers. Tree locations were determined using a combination of GIS and GPS technology. The data were loaded into Davey's TreeKeeper® 7 subscription software which allows the City to plan and schedule work, print reports, and maintain an up-to-date inventory. Color, large -format wall maps were also produced to display the results of the neighborhood inventories. In addition to the street and park tree inventory, the City of Jacksonville commissioned a specialized management plan for Mandarin Road's "Patriarch Trees". Mandarin Road is designated as a scenic and historic road, and the centuries-old live oaks lining the street make it a unique and special public right-of-way. This plan summarized the urban forest condition and characteristics for all public trees along Mandarin Road, and made individual tree preservation recommendations for the historic trees. Davey analyzed all of Jacksonville's inventory data using the U.S. Forest Service's i -Tree Streets model to quantify the environmental, economic, and aesthetic benefits public trees provide to the City of Jacksonville. Michele Mcintosh-Ross From: Chris Barneycastle [chrisL]a barneycastle.net] Sent: Monday, May 02, 2011 4:11 PM To: Michele Mcintosh-Ross Subject: Re: Request for Draft proposal for Tree inventory study Attachments: City of Milton Proposal0001.pdf Michele, Attached are some dates and dollar amounts. Let me know if you have questions or need additional info. Thanks. Chris On Thu, Apr 28, 2011 at 4:33 PM, Michele Mcintosh-Ross <Michele.Mcintosh;Ross@-cityofmiltonga.us> wrote: Monday is fine. These recent storrais were awful. Hope all is well. Michele McIntosh -Ross Planner 13000 Deerfield Pari -way, Suite 107F lvlilton. GA 30004 Office — 678.242.2538 i-nichele.nicintosh@cityoftiiiltonga.us wwwxity_o_ finiltonga.us Want to stay on top of what's going on in the City:' Sign up for our e -Newsletter? Have a problem, question, comment, complaint or compliment? 1•Ve Hum to hear about il! .For prompt assistance. aril 679.242.25(X) or e-niad us at info@ cityofmiltor►p-a.us. The City of Milton is seeking draft cost and time proposals to include in a grant application (Urban and Community Forestry Grant) to the Georgia Forestry Commission For a baseline Tree Inventory Study and Management Plan in order to implement a No Net Loss of Trees policy. Draft scope of work The No Net Loss of Trees goal is to maintain and increase the current 2012 tree inventory and urban tree cover along rights of way (+]- 200 miles) and on City property (+/- 300 acres). Tracking a No Net Loss of Trees goal requires a baseline to comparatively measure loss or gain of trees. Another major component to the No Net Loss of Trees goal is to recognize and identify development and non -development regulations that contribute to tree loss, and counter with a solid management plan that includes integrating opportunities to increase tree cover. The deliverable data should include: 1. A catalog of the City's trees in terms of site, health and quality, appropriateness, risk to insects and disease, and suggested replacement trees; 2. Definitive priority mechanisms and suggested policy actions that would achieve a No Net Loss of Trees policy; 3. A management plan to enable City staff to continue to track its trees and maintain a No Net Loss of Trees including a list of strategies to help improve urban tree cover; 4. Public Education Presentations Budget and Timeline Task 'timeline Cost Proposed Task 1: Inventory Catalog /� - ! � D '00 Task 2: Key Policy Actions fj 0 o Task 3: Management Plan , fj I� - fir! J S,0 U C Task 4: Public Education Presentations ,711 12 _ 3j C ! b 6 o Total % ILI---. months NOTE: Per the stipulations of the grant, the timeline cannot exceed 12 months (September 201:1 to August 2012) and the estimated grant amount is $20,000. Page 1 of 1 2 a i r CL lb y, r IL flop f.. e`s f ORL o CL 13 O. 0 m Memorial Day WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by Gen. John Logan in his General Order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all around the world, the members of our military have built a tradition of honorable and faithful service. As we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citizens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have the honor and privilege of living in a free county, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our nation on the front lines of freedom. Let us pray for the safety and strength of our troops, and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers and their commitment to our country and their legacy of patriotism. We honor the sacrifices of the many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and inspired all Americans, and we are truly grateful for the sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died courageously while in the service of their country during war. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, May 30th, 2011 as Memorial Day in the city of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 16th Day of May, 2011. (Seal) _________________________________ Joe Lockwood, Mayor Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 1 of 8 4/4/2011 PETITION NUMBER: ZM11-01 PROPERTY INFORMATION ADDRESS Crooked Stick Drive, Lot 9 Estates at Atlanta National DISTRICT, LAND LOT 2/2, 849 OVERLAY DISTRICT Northwest EXISTING ZONING CUP (Community Unit Plan RZ85-181 EXISTING USE Undeveloped PROPOSED USE Single Family Residence APPLICANT Charles Feyt for Atlanta National LLC ADDRESS 13510 Providence Lake Drive Milton, GA 30004 APPLICANT’S REQUEST: To modify condition 1.e. (RZ85-181) to reduce the 100-foot building setback along the south property lines including the southwest property line identified as N59 degrees 45 minutes 11 seconds W for a distance of 78 feet to a 40-foot building setback and to reduce the 100-foot building setback along the west property line to a 40 foot building setback.* COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-01 – APPROVAL CONDITIONAL LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 2 of 8 4/4/2011 PROPOSED REVISED SITE PLAN RZ85-181 SUBMITTED APRIL 20, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 3 of 8 4/4/2011 EXISTING SITE PLAN – RZ85-181 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 4 of 8 4/4/2011 Subject site looking toward lot 8 Interior of lot Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 5 of 8 4/4/2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 6 of 8 4/4/2011 Condition to be Modified: (RZ85-181) 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan). ANALYSIS AND RECOMMENDATIONS The subject site is a 3.215 acre undeveloped, heavily wooded residential lot located in Estates at Atlanta National (formally known as The Estates at National). It is zoned CUP (Community Unit Plan) pursuant to RZ85-181. The applicant is requesting to modify condition 1.e. (RZ85-181) to reduce the 100-foot building setback along the south property lines including the southwest property line identified as N59 degrees 45 minutes 11 seconds W for a distance of 78 feet to a 40-foot building setback and to reduce the 100-foot building setback along the west property line to a 40 foot building setback to construct a single family residence with approximately 4,500 square feet. The Capital City Club golf course is located to the south and west of the subject property with an access road and a single family residence to the east. The applicant also owns a small parcel just north of lot 9 not included in the subject subdivision and the Atlanta National Golf Club owns the remainder of the property to the north. Condition 1.e. requires a 100 foot building setback from the property line of the CUP for all adjacent properties. The site plan indicates that the proposed residence will encroach into a portion of the 100 foot perimeter setback not more than 40 feet along the south property lines and 40 feet along the west property line. The lot is shaped like a reversed “flag” with frontage along Crooked Stick Drive. The southern portion of the lot is 80 feet in width in addition to the proposed 50 foot building setback. Under the current conditions there isn’t adequate area to build a house of the size proposed. Staff notes that there is a 25 foot side building setback along the north property line of the “pole” portion of the flag shaped lot indicated on the site plan. The required 100 foot setback along the west property line and the required 60 foot front setback (the site plan is incorrectly labeled 25 feet) along the east property line also do not provide sufficient area to build a house. The applicant also proposes a 30 foot undisturbed buffer adjacent to the Capital City Club along the south and western property lines to provide additional screening for the golf course. Staff will also include the 30 foot undisturbed buffer in the recommended conditions. The applicant has submitted support letters from the adjacent property owner to the east at 270 Crooked Stick Drive (lot 8) where the closest residence is located and another from the Estates at Atlanta National Homeowners Association. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 7 of 8 4/4/2011 Staff notes that the City of Milton Mayor and City Council have approved two previous Zoning Modifications to reduce the same 100 foot building setback from the property line of the CUP pursuant to ZM09-01 on Atlanta National Drive and ZM07-02 on Crooked Stick Drive. In addition, the Fulton County Board of Commissioners approved three requests to reduce the 100 foot building setback from the property line of the CUP. CONCLUSION Based on the shape and multiple building setback requirements that leave the lot with extremely limited developable area, Staff recommends APPROVAL CONDITIONAL of ZM10-01 to modify condition 1.e to provide a 40 foot building setback along the southern property lines and 40 feet along the west property line. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 16, 2011 *Based on a Revised Site Plan Submitted on April 20, 2011 Page 8 of 8 4/4/2011 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 40 foot building setback along the south property lines including the southwest property line identified as N59 degrees 45 minutes 11 seconds W for a distance of 78 feet to a 40-foot building setback and along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. ORDINANCE NO. PETITION NO. ZM11-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z85-181 ON OCTOBER 2, 1985, PROPERTY LOCATED ON PROVIDENCE ROAD WITHIN LAND LOTS 735, 736, 777, 778, 806, 807, 808, 849, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 95.696 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 16, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that approved a zoning to CUP (Community Unit Plan) property located Providence Road consisting of a total of approximately 95.686 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located on Crooked Stick Drive, Lot 9 (22-3811-0807-017-6); and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16th day of May, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-01 Crooked Stick Drive Lot 9 (22-3811-0807-017-6) Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 40 foot building setback along the south property lines including the southwest property line identified as N59 degrees 45 minutes 11 seconds W for a distance of 78 feet to a 40- foot building setback and along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. REVISED SITE PLAN RZ85-181 SUBMITTED APRIL 20, 2011 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: May 6, 2011 for Submission onto the April 16, 2011, City Council Meeting Agenda Items: RZ10-06 - To amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping business, plant nursery or garden center with indoor retail component. RZ10-08 - To amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping business. CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Landscape Business Use Permit and Definition. Background: The Planning Commission began work on the existing Use Permit for Landscaping business, plant nursery or garden center with indoor retail component (Section 64-1820) in 2009 prompted in part by the increasing number of applications for landscape businesses within the City. They discussed RZ10-06, the Use Permit on October 26 and again on November 17, 2010 along with RZ10-08, definition of Landscape Business. At the November meeting, the Planning Commission made their recommendations for both text amendments. The Mayor and City Council discussed the amendments at the December 20, 2010 Work Session and they were deferred at the December 20, 2010 Regular Meeting to be further discussed at the March 14, 2011 Work Session. Prior to the March meeting the Council requested that the Planning Commission review the amendments on January 25, 2011 based on comments and concerns by the Council attached to this memo. During the March 14, 2011 Work Session, Staff reviewed the findings of the Planning Commission with the Council. There were extensive discussions regarding the hours of operation, the need to define commercial vehicles as well as limitations to the number of commercial vehicles. In addition, the Council discussed the Planning Commission’s recommendation to do one of two things; 1) To approve the Planning Commission’s amendments to RZ10-06 to the Use Permit for a Landscape Business with the changes recommended by the City Attorney or 2) To delete landscape businesses from the AG-1 (Agricultural) district and allow it in C-1 (Community Business) district. Page 1 of 3 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Discussion: Below is the current Use Permit and Definition for a landscape business which is more comprehensive in scope as it relates to balancing the proposed use with adjacent residential and agricultural uses. Existing Definition – Sec 64-1 Definitions Landscaping business means a business whose primary operation is the sale or storage of organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the landscape industry or the storage or use of associated landscape vehicles. The Planning Commission amended the definition to be more descriptive in what may be included within a landscape business. Existing Use Permit Sec. 64-1820 Landscaping business, plant nursery or garden center with indoor retail component. (a) Required districts. AG-1(Agricultural). (b) Standards. (1) No access shall be allowed from local streets. (2) No parking is permitted in the minimum front yard. (3) All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. (4) Limit hours of operation from 6:00 a.m. to 8:00 p.m. (5) The minimum buffers and landscape strips required for the O-I (Office- Institutional) zoning district as specified in article III of this zoning ordinance shall be required. (6) Structures for retail sales shall be limited to 1,000 total gross square feet. Staff notes that the proposed Use Permit does not include a plant nursery based on the fact that it is already permitted under the AG-1 (Agricultural) district and it was determined that there should be no retail component associated with a landscape business. A plant nursery is currently permitted to sell the product(s) raised on their property as dictated by the AG-1 (Agricultural) district. Since the March 14, 2011 Council Work Session, Staff has amended RZ10-06, Sec. 64-1820, Landscape Business (Use Permit) with the following: 1. Added a standard for commercial vehicles including how many can be on the premises and for how long. Staff will also include a definition of “commercial vehicle” in the definitions part of the Zoning Ordinance. The proposed definition is included in this item for your review. Page 2 of 3 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 3 of 3 2. To include shorter hours of operation, 7:30 a.m. to 7:30 p.m., Monday through Friday and 9:00 a.m. to 6:00 pm. on Saturday’s. This is based on the Noise Control Ordinance (Chapter 20 of the City Code) for construction activity or commercial lawn maintenance. 3. Stated that arterial and minor collector streets are depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5 dated April 2009. This will allow for a consistent application of how each city street is classified when applying the Use Permit standard. Staff has included a “clean” version of each of the text amendments that include all of the edits thus far in the process. Alternatives: The Council may allow the ordinances to remain as they exist or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney 1 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting May 16, 2011 CITY ATTORNEY’S RECOMMENDED EDITS WITH PC CHAIRMAN’S INPUT AND MAYOR AND CITY COUNCIL’S SUGGESTIONS FROM THE 3/14/11 WORK SESSION Sec 64-1820. Landscape Business It is the purpose of the regulation to permit the filing of a Permit application, within an area zoned AG-1(Agricultural), for the operation of a Landscape Business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the application. Allowing such use by Permit only , but not otherwise, provides an opportunity for a business owner to operate such use in property zoned AG-1(Agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a Landscape Business. It is understood that proposals for a Landscape Business will vary in scope and that based on the specific location and surrounding uses, individual properties will be suited for differing intensities of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this Section. In accordance with the above purpose, a Permit for a Landscape Business in an area zoned AG-1 (Agricultural) may be issued, subject to the following requirements. 1. The scope of the Landscape Business shall be appropriate to the size of the property and its neighboring uses. Item 1 appears redundant to item 3 and is therefore unnecessary. Moreover, I am not convinced that the term “scope” is equivalent to the size of the buildings. 2. All sales from the property are prohibited excluding Roadside Produce Stands. 3.1.No retail or wholesale sales shall occur on the property except for sales at Roadside Produce Stands. 4.2.No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may be reduced based on the compatibility with surrounding uses. 5.3.The design of any proposed building(s) shall comply with the appropriate Overlay District. 2 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting May 16, 2011 6.4.All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG-1 (Agricultural) district. 5. A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the impact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. 7.6.Vehicles and equipment used for the landscape business shall be garaged or screened such that they cannot be viewed from adjacent properties or the public right of way, and shall be parked or stored on specifically identified portions of the property.A maximum of two commercial vehicles use for the landscaping business must be screened such that they cannot be viewed from adjacent properties or the public right-of-way and shall be parked on specifically identified portions of the property. Additional commercial vehicles and equipment must be parked and/or stored inside a building. This excludes commercial vehicles delivering materials or equipment to the business which may park temporarily on the property not to exceed 90 minutes. 8.7.Hours of operation and Vvendor material deliveries shall occur between the hours of 7:30 a.m. and 7:007:30 p.m. 9.8.Limit the hours of operations from Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. 89. Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer’s original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. 10. All landscape debris, and refuse, shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. 11. Landscape vehicles and equipment used in the operation of the business shall be stored in specifically approved areas on the property, if it is determined that the property can accommodate such vehicles and that storage of such vehicles. All vehicles and associated equipment shall be screened from view from any adjacent street or property. 12.11. The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other material is prohibited. Comment [r1]: Staff has defined “commercial vehicles” which will be presented and must be included in Sec. 64.1 of the Zoning Ordinance. Comment [r2]: These are the hours that construction is permitted Monday through Friday. Comment [r3]: Combined 8 into 7 and this will be deleted 3 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting May 16, 2011 13.12. The proposed use shall not create traffic, noise, odors or produce light spillage that is considered a nuisance under Georgia law. 14.13. Access shall only be allowed from arterial or minor collector streets as depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5 dated April 2009. CITY ATTORNEY’S RECOMMENDED EDITS WITH PC CHAIRMAN’S INPUT AND MAYOR AND CITY COUNCIL’S SUGGESTIONS FROM THE 3/14/11 WORK SESSION Sec 64-1820. Landscape Business It is the purpose of the regulation to permit the filing of a Permit application, within an area zoned AG-1(Agricultural), for the operation of a Landscape Business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the application. Allowing such use by Permit only provides an opportunity for a business owner to operate such use in property zoned AG-1(Agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a Landscape Business. It is understood that proposals for a Landscape Business will vary in scope and that based on the specific location and surrounding uses, individual properties will be suited for differing intensities of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this Section. In accordance with the above purpose, a Permit for a Landscape Business in an area zoned AG-1 (Agricultural) may be issued, subject to the following requirements. 1. No retail or wholesale sales shall occur on the property except for sales at Roadside Produce Stands. 2. No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may be reduced based on the compatibility with surrounding uses. 3. The design of any proposed building(s) shall comply with the appropriate Overlay District. 4. All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG-1 (Agricultural) district. 5. A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the impact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. 1 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting May 16, 2011 2 Text Amendment – RZ10-06 prepared for the Mayor and City Council Meeting May 16, 2011 6. A maximum of two commercial vehicles used for the landscaping business must be screened such that they cannot be viewed from adjacent properties or the public right-of-way and shall be parked on specifically identified portions of the property. Additional commercial vehicles and equipment must be parked and/or stored inside a building. This excludes commercial vehicles delivering materials or equipment to the business which may park temporarily on the property not to exceed 90 minutes. 7. Hours of operation and vendor material deliveries shall occur between the hours of 7:30 a.m. and 7:30 p.m., Monday –Friday and 9:00 a.m. to 6:00 p.m. on Saturday’s. 8. Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer’s original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. 9. All landscape debris, and refuse, shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. 10. The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other material is prohibited. 11. The proposed use shall not create noise, odors or produce light spillage that is considered a nuisance under Georgia law. 12. Access shall only be allowed from arterial or minor collector streets as depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5 dated April 2009. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ10-06 AN ORDINANCE TO AMEND SECTION 64-1820 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE USE PERMIT FOR LANDSCAPING BUSINESS, PLANT NURSERY OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT AND TO REPLACE THE CURRENT NAME WITH “LANDSCAPE BUSINESS” BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 16, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 64-1820, and to replace the current name with “Landscape Business”, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of May, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Recap of City Council Discussions of the text amendments for Landscape Business with PC Responses Based on the discussion from the Dec. 20 Council meeting the Landscaping business text amendments was deferred at the meeting for additional consideration. The motion was for the items to be reviewed by the Planning Commission on January 25, 2011 and brought back to a Council work session on March 14, 2011. Issues that they discussed included: 1. Comparison to other neighboring jurisdictions in how they handle landscaping businesses. Previously, staff had presented other jurisdictions’ requirements for landscape businesses and represented the information with additional jurisdictions. Additional jurisdictions were Chattahoochee Hills, Lexington/Fayette Co. Kentucky. Both permit landscape businesses. Roswell and Alpharetta do not have AG‐1 Districts and therefore that is why Landscape Businesses are not permitted in AG‐1. 2. Should we consider this use an AG‐1 use? Staff stated that the PC had discussed this issue previously and seemed to agree that Landscape Business should remain in AG‐1. PC felt that the City Council can use their “discretion” based on the amended Use Permit whether to approve a landscape business. SEE ACTION MINUTES FOR MOTIONS MADE REGARDING RZ10‐06 – USE PERMIT. 3. Did the recommended definition expand? The PC stated that the definition was clarified and caused more of those uses to be forced to comply. 4. Whether we should be more specific on development standards or leave some room for interpretation to individual proposal by the Council The PC was satisfied with the development standards in the Use Permit. 5. Clarify how to limit storage of materials – Specifically height and enclosure (including an overhead cover) of materials The PC stated that specific conditions could be required depending on the situation, give discretion to the Council. 6. Define or reference a more specific identification of access roads (maybe an adopted map or listing of specific roadways) There is a need for a map to depict the categories/classification of roads. 7. Limit types of equipment – i.e. commercial dumpsters? PC stated that it needs to be garaged or screened. The PC doesn’t want to be more specific, but to allow the discretion of the City Council; can provide conditions. 8. Screening vs. buffering of parking and storage areas ‐ particularly accounting for topographic changes PC believes that conditions can help with any additional screenings/buffering. Some issues like topographic can’t be helped (i.e. your house sits above the landscape business). 9. Hours of operation consistent with the noise ordinance PC had lengthy discussion regarding the requirements of the noise ordinance and how it affects the use permit. They believe the noise ordinance will address any issues along with the existing language for hours of operation (7am‐9 pm) and vendor material deliveries (7:30 am and 9pm.). 10. Address the number of commercial vehicles and whether they should be garaged or screened PC was satisfied with not limiting the number of commercial vehicles based on the fact they would need to be garaged or screened. 11. Consider whether the definition allows for or even requires that the business owner reside on property. The definition does allow for a residence on the property but not required. Most of the discussion was divided on whether these should be considered AG‐1 uses at all, so that seems to be the primary question to answer. Please remember that we have about a dozen of these businesses currently operating in Milton in AG zoning. City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 1 PLANNING COMMISSION ACTION MINUTES Tuesday, January 25, 2011 7:00 pm 1. Invocation - Suspended 2. Pledge of Allegiance 3. Call to Order – The meeting was called to order at 7:05 p.m. All members were present. 4. Public Comment – There was no public comment. A motion was made by Paul Moore and seconded by Fred Edwards to close the public hearing. The motion passed unanimously 7-0. 5. Approval of Action Minutes – November 17, 2010 Planning Commission Meeting. A motion was made Paul Moore and seconded by Jennifer Fletcher to approve the minutes. The motion passed unanimously 5-0-2 with Commissioner Edwards and Creamer abstaining. 6. New Business- 1) Election of Chairperson and Vice-Chairperson for 2011. Paul Moore nominated George Ragsdale for Chairperson, seconded by Curtis Mills. There were no additional nominations. Paul Moore made a motion to close nominations, seconded by Fred Edwards. The Commission voted unanimously 7-0 to elect George Ragsdale as Chairperson. Curtis Mills nominated Paul Moore for Vice-Chairperson, seconded by Joe Creamer. There were no additional nominations. Paul Moore made a motion to close nominations, seconded by Fred Edwards. The Commission voted unanimously 7-0 to elect Paul Moore as Vice-Chairperson. 7. Old Business– 1) Continued discussion of Code Enforcement and possible implementation of a code violation matrix. City Attorney Ken Jarrard will be present to answer the Planning Commission’s questions. After lengthy discussions regarding code violations and how to most effectively implement them, it was decided that the Planning Commission would craft the purpose of utilizing a violation matrix. This would be discussed with the Municipal Judges and Solicitor by representatives of the Planning Commission and City Staff prior to any further implementation. 2) Discussion of RZ10-06 and RZ10-08 amending Sections 64-1820 and 64-1 for the Landscaping business Use Permit and City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 2 Definition as requested by the Mayor and City Council at their December 20, 2010 meeting. Staff presented the Planning Commission points from the Mayor and City Council’s discussion on December 20, 2010 for the Planning Commission to discuss. There was lengthy discussion regarding the various issues between Staff, City Attorney and the Planning Commission. RZ10-06 - A motion was made by Paul Moore and seconded by Curtis Mills to recommend that Landscape Businesses not be permitted within the AG-1 (Agricultural) District and withdraw the recommendation to amend RZ10-06. Commissioners Moore, Mills and Fletcher voted in favor of the motion, Commissioners Ragsdale, Doty, Creamer, and Edwards voted against the motion. The motion failed. A new motion was made by Chairman George Ragsdale and seconded by Paul Moore to recommend to the Mayor and City Council they approve one of the following two alternatives: 1) To approve the Planning Commission’s amendments to RZ10-06 to the Use Permit for a Landscape Business with the changes recommended by the City Attorney and to explain to the City Council the Planning Commission’s reasoning for the amendments or 2) To delete landscape businesses from the AG-1 (Agricultural) district and allow it in C-1 (Community Business)district. Commissioners Ragsdale, Moore, Doty, Fletcher, Creamer, and Edwards voted in favor of the motion and Commissioner Mills voted against the motion. The motion was approved 6-1. RZ10-08 – A motion was made by Paul Moore and Seconded by Joe Creamer to approve the amended definition for Landscape Business with the recommended changes as discussed. Commissioners Ragsdale, Moore, Doty, Fletcher, Creamer, and Edwards voted in favor of the motion and Commissioner Mills voted against the motion. The motion was approved 6-1. 3) Update on Joint Work Session with the Hwy 9 Design Guidelines Committee and future text amendments to SR 9 Overlay District and new Deerfield Overlay District. Mr. Vince Catanzaro, a volunteer in behalf of the Milton Disabilities Awareness Committee (MDAC) asked that MDAC be contacted regarding the proposed text amendments. The Planning Commission agreed to meet prior to the March City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 3 regular Planning Commission meeting to have a work session to discuss the text amendments. They asked Staff to invite the Hwy 9 Design Guidelines Committee to join them on Wednesday, March 9, 2011 at 7:00 pm. 4) Update on Future Text Amendments/Projects for the Planning Commission. Director Lynn Tully updated the Planning Commission on the various projects that are ongoing and in the future. 8. Adjourn A motion was made by Joe Creamer and seconded by Paul Moore to adjourn the meeting. The motion passed unanimously 7-0. Time of adjournment was 9:39 p.m. _________________________________________ Date Approved _________________________________________ George Ragsdale, Chairperson Sec. 64-1 Proposed “Commercial Vehicle” definition Any vehicle or equipment which has two (2) or more of the following characteristics: • exceeds a gross vehicle weight rating (GVWR) of eleven thousand (11,000) pounds, • is regularly used in the conduct of a business, commerce, profession, or trade, • exceeds seven (7) feet in height from the base of the vehicle to the top, • exceeds twenty (20) feet in length, • has more than 2 axles, • has more than 4 tires in contact with the ground, • used, designed and built to carry more than 8 passengers, • designed to sell food or merchandise directly from the vehicle or trailer itself, • bears signs, logos or markings identifying the owner or registrant, a trade, business, service or commodity. The following types of vehicles shall all be considered commercial vehicles: step vans, box trucks, flat bed or stake bed trucks, buses, semi trailers, tractor trailers, dump trucks, wreckers and trailers used for commercial purposes. The following types of equipment shall also be considered commercial vehicles: earth moving equipment, cement mixers, trenching, pipe laying equipment or other similar type of construction equipment. MOUNTAIN PARKALPHARETTAROSWELLState Hwy 372Birmingham HwyCox RdHopewell RdFreemanville RdCogburn RdState H w y 1 4 0 Arnold Mill R d Providen c e R d Birmingham RdLackey RdMayfield RdTaylor RdWood RdFrancis RdS Thompson RdNix RdMountain RdWebb RdBethany RdDorris RdRedd RdAlpharetta Hwy Dinsmore RdUS Hwy 19Batesvill e R dThompson RdNew Providence RdWestbrook RdDeerfield Pk w y Hickory Flat RdBrittle RdHenderson RdCreek Cl u b D r Morris RdSummit RdWindwa r d P k w y State Hwy 9Bethany BndHamby RdBethany WayUnion Hill R d Ranchette RdE Bluff RdN Main StMcGinnis Ferry RdBethany RdHopewell RdFreemanville RdMayfield RdCity of Milton Transportation PlanRecommendedRoadway FunctionalClassificationMap 5LegendUrban FreewayMinor ArterialCollectorLocal RoadNot InventoriedExpresswaysCity of MiltonOther StreetsOther Fulton County Cities*NOTE: Roads extend beyond the Milton city limits due to character changes of inventoried roads.Date: April 30, 2009Prepared by:0 0.5 1 1.50.25Miles²Source: City of Milton, GDOT, Kimley-Horn City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: May 6, 2011 for Submission onto the April 16, 2011, City Council Meeting Agenda Items: RZ10-06 - To amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping business, plant nursery or garden center with indoor retail component. RZ10-08 - To amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping business. CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Landscape Business Use Permit and Definition. Background: The Planning Commission began work on the existing Use Permit for Landscaping business, plant nursery or garden center with indoor retail component (Section 64-1820) in 2009 prompted in part by the increasing number of applications for landscape businesses within the City. They discussed RZ10-06, the Use Permit on October 26 and again on November 17, 2010 along with RZ10-08, definition of Landscape Business. At the November meeting, the Planning Commission made their recommendations for both text amendments. The Mayor and City Council discussed the amendments at the December 20, 2010 Work Session and they were deferred at the December 20, 2010 Regular Meeting to be further discussed at the March 14, 2011 Work Session. Prior to the March meeting the Council requested that the Planning Commission review the amendments on January 25, 2011 based on comments and concerns by the Council attached to this memo. During the March 14, 2011 Work Session, Staff reviewed the findings of the Planning Commission with the Council. There were extensive discussions regarding the hours of operation, the need to define commercial vehicles as well as limitations to the number of commercial vehicles. In addition, the Council discussed the Planning Commission’s recommendation to do one of two things; 1) To approve the Planning Commission’s amendments to RZ10-06 to the Use Permit for a Landscape Business with the changes recommended by the City Attorney or 2) To delete landscape businesses from the AG-1 (Agricultural) district and allow it in C-1 (Community Business) district. Page 1 of 3 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Discussion: Below is the current Use Permit and Definition for a landscape business which is more comprehensive in scope as it relates to balancing the proposed use with adjacent residential and agricultural uses. Existing Definition – Sec 64-1 Definitions Landscaping business means a business whose primary operation is the sale or storage of organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the landscape industry or the storage or use of associated landscape vehicles. The Planning Commission amended the definition to be more descriptive in what may be included within a landscape business. Existing Use Permit Sec. 64-1820 Landscaping business, plant nursery or garden center with indoor retail component. (a) Required districts. AG-1(Agricultural). (b) Standards. (1) No access shall be allowed from local streets. (2) No parking is permitted in the minimum front yard. (3) All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. (4) Limit hours of operation from 6:00 a.m. to 8:00 p.m. (5) The minimum buffers and landscape strips required for the O-I (Office- Institutional) zoning district as specified in article III of this zoning ordinance shall be required. (6) Structures for retail sales shall be limited to 1,000 total gross square feet. Staff notes that the proposed Use Permit does not include a plant nursery based on the fact that it is already permitted under the AG-1 (Agricultural) district and it was determined that there should be no retail component associated with a landscape business. A plant nursery is currently permitted to sell the product(s) raised on their property as dictated by the AG-1 (Agricultural) district. Since the March 14, 2011 Council Work Session, Staff has amended RZ10-06, Sec. 64-1820, Landscape Business (Use Permit) with the following: 1. Added a standard for commercial vehicles including how many can be on the premises and for how long. Staff will also include a definition of “commercial vehicle” in the definitions part of the Zoning Ordinance. The proposed definition is included in this item for your review. Page 2 of 3 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 3 of 3 2. To include shorter hours of operation, 7:30 a.m. to 7:30 p.m., Monday through Friday and 9:00 a.m. to 6:00 pm. on Saturday’s. This is based on the Noise Control Ordinance (Chapter 20 of the City Code) for construction activity or commercial lawn maintenance. 3. Stated that arterial and minor collector streets are depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5 dated April 2009. This will allow for a consistent application of how each city street is classified when applying the Use Permit standard. Staff has included a “clean” version of each of the text amendments that include all of the edits thus far in the process. Alternatives: The Council may allow the ordinances to remain as they exist or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney 1 Text Amendment – RZ10-08 prepared for the Mayor and City Council Meeting on May 16, 2011 City Attorney’s Recommended Edits With PC final recommendations from 1.25.11 and City Council Work Session on March 14, 2011 Section 64-1 - Definitions Landscape business means a business that providesing the services described below hereinin at remote, off-site locations. other thanaway from the landscape business operator’s property. While most of the actual landscape activity occurs off- site, the business owner’s property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include activities such as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees; shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground covers; the installation of stone; brick and block walkways and stonewalls and the temporary storage of plant trimmings. 1 Text Amendment – RZ10-08 prepared for the Mayor and City Council Meeting on May 16, 2011 City Attorney’s Recommended Edits With PC final recommendations from 1.25.11 and City Council Work Session on March 14, 2011 Section 64-1 - Definitions Landscape business means a business providing the services described herein at off-site locations. While most of the actual landscape activity occurs off-site, the business owner’s property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include activities such as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees; shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground covers; the installation of stone; brick and block walkways and stonewalls and the temporary storage of plant trimmings. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ10-08 AN ORDINANCE TO AMEND SECTION 64-1 “DEFINITIONS” OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE DEFINITION OF “LANDSCAPING BUSINESS” AND TO REPLACE THE CURRENT NAME WITH “LANDSCAPE BUSINESS” BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 16, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Section 64-1 “Definitions” for Landscaping Business”, and to replace the current name with “Landscape Business”, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of May, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-01-09, A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON DESIGN REVIEW BOARD FOR DISTRICT 6. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on May 16. 2011 at 6:00 p.m. as follows: SECTION 1. That _____ _____ (District 6) is hereby appointed commencing May 16, 2011 and ending on December 31, 2011; SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 16th day of May 2011. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon (Seal)