City Council

www.peachtreecornersga.org COUNCIL MEETING AGENDA Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member James Lowe – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member April 2, 2013 COUNCIL AGENDA 7:00 PM PEACHTREE CORNERS CITY HALL 147 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 A) CALL TO ORDER B) ROLL CALL C) PLEDGE OF ALLEGIANCE D) MAYOR'S OPENING REMARKS E) CONSIDERATION OF MINUTES – March 19, 2013. F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA - No Items I) REPORTS AND PRESENTATIONS D. Wheeler Update on Community Development Planning Issues J) OLD BUSINESS 1. O-2013-03-10 Second Read and consideration of CIC2013-0002 for a change in condition THIS ITEM to allow a veterinary clinic to be located within an office building at 4989 HAS BEEN Peachtree Parkway. DEFERRED K) NEW BUSINESS 1. R2013-04-08 A Resolution to partner with the Georgia Department of Revenue in an effort to ensure proper payment of sales tax. L) EXECUTIVE SESSION M) ADJOURNMENT 2013-04-02 COUNCIL MEETING AGENDA PAGE 2 OF 2  DRAFT COPY CITY OF PEACHTREE CORNERS COUNCIL MEETING March 19, 2013, @ 7:00PM The Mayor and Council of the City of Peachtree Corners held a Council Meeting at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member James Lowe – Post 2 - absent Council Member Alex Wright – Post 3 Council Member Jeanne Aulbach – Post 4 Council Member Lorri Christopher – Post 5 Council Member Weare Gratwick – Post 6 City Attorney Bill Riley City Manager Julian Jackson City Clerk Kym Chereck PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. MAYOR’S OPENING COMMENTS: The Mayor reminded everyone about the Great American Cleanup, which will be held on April 20, 2013. MINUTES: MOTION TO APPROVE THE MINUTES FROM THE MARCH 5, 2013 COUNCIL MEETING. By: Council Member Gratwick Seconded by: Council Member Christopher Vote: (6-0) (Gratwick, Christopher, Mason, Sadd, Wright, Aulbach) CONSIDERATION OF THE MEETING AGENDA: MOTION TO AMEND THE AGENDA TO REMOVE O2013-02-08 FROM THE AGENDA. By: Council Member Christopher Seconded by: Council Member Aulbach Vote: (6-0) (Christopher, Aulbach, Mason, Sadd, Wright, Gratwick) 2013-03-19 Council Meeting Minutes Page 1 of 4  DRAFT COPY REPORTS and PRESENTATIONS: In the interest of time, the update from Diana Wheeler, Community Development Director, was available for review in the Council Packet. OLD BUSINESS: O213-03-09 Second Read and Consideration of an Ordinance to amend the City of Peachtree Corners zoning map for changes to zoning conditions and special use permits to allow the addition of metal recycling and auto salvage operations for Newell Recycling of Gwinnett located within District 6, Land Lot 205, Parcel 072; 2700 Block of Amwiler Road; 5.71 acres. Mrs. Diana Wheeler provided background information concerning the applicant’s request and proposed project. The subject property was rezoned to M-2 in 2010 for the use of a community recycling center, and now the applicant proposes to utilize it for full scale metal recycling and processing, as well as automobile parts salvage and sales. A site plan was provided to the Council. There is only one access into the property. The auto salvage area is not visible from the road. Approval of this application would not set a precedent in this area. The Planning Commission reviewed this application at their February 12, 2013 meeting and recommended approval with conditions. The proposed conditions are provided in the Council packet and were briefly outlined by Mrs. Wheeler. Mrs. Wheeler informed Council that a condition added by the Planning Commission (H) stated that this approval shall sunset after 24 months at which time the applicant may reapply. Mr. Bobby Triesch represented the applicant. Mr. Triesch gave a brief overview of Newell Recycling and the steps for decommissioning cars. Mr. Triesch stated that he is in agreement with all of the conditions with the exception of condition (H) stating that this approval shall sunset after 24 months at which time the applicant may reapply. Mr. Triesch stated that they are planning on starting construction immediately after this is approved. Mayor Mason opened the floor for public comment. There was no public comment. After discussion it was determined that the application would be approved with the removal of condition (H). MOTION TO APPROVE THE ORDINANCE WITH ALL THE CONDITIONS EXCEPT THE FINAL CONDITION (H), WHICH IS THE SUNSET CONDITION. 2013-03-19 Council Meeting Minutes Page 2 of 4  DRAFT COPY By: Council Member Sadd Seconded by: Council Member Christopher Vote: (6-0) (Sadd, Christopher, Mason, Wright, Aulbach, Gratwick) NEW BUSINESS: APH2013-03-001 Consideration of Alcoholic Beverage License Application for Peachtree Growler Co, LLC, located at 5450 Peachtree Pkwy , Suite 2D, Peachtree Corners, GA 30092. Applicant, Steven Hamlet, is requesting approval for a Retail/Package Malt Beverage License. Mrs. Wheeler informed the Council that the applicant is proposing a Growler Store to be located within an existing shopping center. Mrs. Wheeler stated that the applicant has met all of the necessary requirements, and therefore, recommended approval of this application. The applicant, Mr. Steven Hamlet, informed the Council that at this time he is only requesting a license for beer sales, and that he may return at a later date for a license for wine sales. MOTION TO APPROVE APH2013-03-001. By: Council Member Wright Seconded by: Council Member Aulbach Vote: (6-0) (Wright, Aulbach, Mason, Sadd, Christopher, Gratwick) W2013-03-001 Consideration of a WAIVER from Development Regulations Article 5, Sec. 5.4.1 and Article 6, Sec. 6.2.1 to allow a gated subdivision and private streets for Peachtree Reserve, a new subdivision, located at 4885 Bush Road. Mrs. Wheeler informed the Council that this request is for a 16 lot subdivision to have a gated entry located at the front of their neighborhood. This gate would be considered an amenity. Approval of this application would mean that all improvements within the right-of-way of that subdivision, (streets, street lights, landscaping, and drainage) would not be dedicated to the public and would remain private. As a result, the property owners of that subdivision (through their Homeowners’ Association) would be responsible for the maintenance and financial obligations of the private streets, drainage and all the other improvements in the subdivision’s right-of-ways. After review of the application, Staff recommended approval of this application with seven conditions. These conditions were listed in the Council packet. Council inquired if there would be a deceleration lane. 2013-03-19 Council Meeting Minutes Page 3 of 4  DRAFT COPY The applicant, Mr. Persinger, presented the Council with a conceptual site plan depicting a 200 foot deceleration lane with a 50 foot taper. MOTION TO APPROVE W2013-03-001. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (6-0) (Christopher, Gratwick, Mason, Sadd, Wright, Aulbach) O-2013-03-10 First Read and consideration of CIC2013-0002 for a change in condition to allow a veterinary clinic to be located within an office building at 4989 Peachtree Parkway. (No action was taken.) ADJOURNMENT: MOTION TO ADJOURN AT 7:40 PM. By: Council Member Sadd Seconded by: Council Member Gratwick Vote: (6-0) (Sadd, Gratwick, Mason, Lowe, Aulbach, Christopher) Approved, Attest: _________________________ _______________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2013-03-19 Council Meeting Minutes Page 4 of 4  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director SUBJECT: Staff Activity Report______________________________________ The following is a summary of Staff activity during the period of 3/18/13 – 3/29/13. A. Meetings with: 1. Gwinnett Village CID to discuss SPLOST projects. 2. Developer to discuss redevelopment opportunities in underperforming areas. 3. Property owners to discuss development plans. B. Prepared preliminary work for Founders’ Day Parade logistics committee. C. Prepared Proclamations for upcoming Council meeting. D. Prepared reports and documentation for April 9th Planning Commission meeting. E. Coordinated with Pond and Co. on upcoming stakeholder interviews and Comprehensive Plan Community Meetings: April 23rd, 7PM at Winters Chapel United Methodist Church and April 24th, 7PM at Norcross High School. E. Responded to phone calls and e-mails from residents, business people, and others. Processed the following permit applications: 1. 3/18/2013 110-13 MAYFIELD AND POOLE HVAC; 3264 SPRING DRIVE; HVAC/REPLACMENT 2. 3/18/2013 111-13 TPA REALTY SERVICES,LLC ;6025 THE CORNERS PKWY STE 207; INTERIOR FINISH 3. 3/18/2013 112-13 TPA REALTY SERVICES,LLC; 155 TECH PKWY SOUTH 400; INTERIOR FINISH 4. 3/18/2013 113-13 NWS/STRUCTURAL; 6386 CORLEY RD; RACKING SYSTEM 5. 3/18/2013 114-13 SPECTRUM GAS SOL.,LLC; 2800 AMWILER; GAS LINE METER 6. 3/19/2013 122-13 BRUNSWICK; 6345 SPALDING DRIVE; INTERIOR FINISH 7. 3/19/2013 115-13 ALLSTATE INSURANCE INC; 5672 PEACHTREE PKWY STE G; INTERIOR FINISH 8. 3/19/2013 116-13 FASTSIGN OF NORCROSS; 6275 CROOKED CREEK RD; SIGN 9. 3/19/2013 117-13 LA PETITE; 6275 CROOKED CREEK RD; GROUND POST FOR SIGN 10. 3/19/2013 118-13 ADEPT SIGN I & S; 5065 BUFORD HWY STE 200-600; PERMANENT SIGN 11. 3/20/2013 119-13 CONSULTANTS & BUILDRS,INC; 3100 MEDLOCK BRIDGE RD STE 420; CO 12. 3/21/2013 121-13 DECKSOUTH,INC; 5950 RACHEL RIDGE; DECK 13. 3/21/2013 123-13 EXTENDED STAY AMERICA; 7065 JIMMY CARTER BLVD; CO 14. 3/21/2013 124-13 R.S. ANDREWS; 4550 KINGS ABBOT WAY; HVAC/REPLACMENT 15. 3/22/2013 125-13 GILCRAFT CONST.,CO.,INC; 4731 OUTER BANK DRIVE; ADDITION 16. 3/22/2013 126-13 SBA ATLANTA; 3100 MEDLOCK BRIDGE RD STE 350; INTERIOR FINISH 17. 3/22/2013 127-13 SBA ATLANTA; 3953 GLEN MEADOW DRIVE; INTERIOR FINISH 18. 3/25/2013 129-13 HOMEWOOD SUITES; 7049 JIMMY CARTER BLVD; CO 19. 3/25/2013 130-13 IVEY LANDSCAPE; 6978 LAKEVIEW LN; CO 20. 3/26/2013 131-13 FASTSIGN OF NORCROSS; 5250 TRIANGLE PKWY STE 100; PERMANENT SIGN 21. 3/12/2013 ADCOM / 3105 NORTHWOODS PLACE / CERTIFICATE OF OCCUPANCY 22. 3/12/2013 GAME STOP / 5161 PEACHTREE PKWY #4797 / INTERIOR FINISH 23. 3/11/2013 CHARLES&DIANNA MASSEY / 4251 GUNNIN RD / WATER HEATER ONLY STATE OF GEORGIA CITY OF PEACHTREE CORNERS RESOLUTION 2013-04-08 RESOLUTION TO PARTNER WITH THE GEORGIA DEPARTMENT OF REVENUE IN AN EFFORT TO ENSURE PROPER PAYMENT OF SALES TAX. WHEREAS, O.C.G.A § 48-13-20.1 provides for cities and counties that levy an occupational tax or regulatory fee under Title 48, Chapter 13, Article 1 of the Code of Georgia to collect and submit certain information to enable the Georgia Department of Revenue to ensure that businesses are properly compliant with state and local state tax laws; and WHEREAS, in order to participate in this voluntary program, the governing authority of the city or county must adopt a resolution consenting to the applicability of O.C.G.A § 48-13-20.1; and WHEREAS, the City of Peachtree Corners levies an occupation tax and/or regulatory fee under Title 48, Chapter 13, Article 1 of the Code of Georgia; and WHEREAS, the Mayor and Council of the City of Peachtree Corners desire to have the City of Peachtree Corners participate in this voluntary program; NOW, THEREFORE BE IT RESOLVED by the Mayor and Council that they hereby consent to the applicability of O.C.G.A § 48-13-20.1 and pursuant thereto the City of Peachtree Corners shall participate in the Georgia Department of Revenue’s program to verify that businesses paying occupation taxes and regulatory fees are also paying their state and local sales tax. BE IT FURTHER RESOLVED that, upon adoption of this Resolution, any person who performs and business, occupation or profession subject to an occupation tax or regulatory fee under Title 48, Chapter 13, Article 1 of the Code of Georgia is required to provide the City the following information when paying such occupation tax or regulatory fee: (a) The legal name of the business; (b) Any associated trade names for the business; (c) The mailing address for the business; (d) The actual physical address of each location of the business, if it is different than the mailing address; (e) The North American Industry Classification System Code (NAICS) applicable to such business; and (f) The sales and use tax identification number assigned to the business by the Georgia Department of Revenue, if the business is required by law to have such a number pursuant to Title 48, Chapter 8, Article 1, of the Code of Georgia. Page 1 of 2 R2013-04-08 STATE OF GEORGIA CITY OF PEACHTREE CORNERS RESOLUTION 2013-04-08 BE IT FURTHER RESOLVED that the City shall provide written notice to all persons subject to the City occupation taxes or regulatory fees and that: (a) This information shall be provided to the Georgia Department of Revenue; and (b) If the person refuses or fails to provide the required information, the City shall notify the Georgia Department of Revenue of this fact. BE IT FURTHER RESOLVED that, within thirty (30) days after receiving the payment of occupation taxes or regulatory fees, the City shall electronically submit the information received from each business to the Georgia Department of Revenue. BE IT FURTHER RESOLVED that a copy of this executed Resolution shall be immediately transmitted to the Commissioner of the Georgia Department of Revenue. RESOLVED, this the _____ day of ______________, _______. Attest: Approved: ______________________________ ______________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor Page 2 of 2 R2013-04-08