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 August 20, 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 – August 6, 2013 F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA - No Items I) REPORTS AND PRESENTATIONS 1. Diana Wheeler Community Development Activity Report J) NEW BUSINESS 1. R2013-08-16 A Resolution of the Mayor and Council of the City of Peachtree Corners, Georgia transmitting the 2033 Comprehensive Plan to the Atlanta Regional Commission and Georgia Department of Community Affairs for official review. 2. Action Item Consideration of authorizing the Mayor to execute an agreement with Gwinnett County for use of inmate labor for maintenance work within the public right-of-way. K) EXECUTIVE SESSION L) ADJOURNMENT  DRAFT COPY CITY OF PEACHTREE CORNERS COUNCIL MEETING August 6, 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 - Absent Council Member Jeanne Aulbach – Post 4 Council Member Lorri Christopher – Post 5 Council Member Weare Gratwick – Post 6 City Attorney Don Henderson City Manager Julian Jackson City Clerk Kym Chereck Com. Dev. Director Diana Wheeler PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. MAYOR’S OPENING COMMENTS: Mayor Mason recognized Boy Scouts from Troup 650. MINUTES: MOTION TO APPROVE THE MINUTES FROM THE JULY 16, 2013 COUNCIL MEETING. By: Council Member Aulbach Seconded by: Council Member Christopher Vote: (5-0) (Aulbach, Christopher, Mason, Sadd, Gratwick) CONSIDERATION OF THE MEETING AGENDA: There was no change in the agenda. PUBLIC COMMENT: There was no public comment. 2013-08-06 Council Meeting Minutes Page 1 of 4  DRAFT COPY REPORTS and PRESENTATIONS: Dr. Mary Kay Murphy, Gwinnett County Board of Education, District III, presented the results of the School Board’s Strategic Plan. Community Development Director, Diana Wheeler, provided her report on staff activities that occurred during the period of July 22, 2013 – August 2, 2013. These activities included, among other items, meeting with a property broker regarding property rezoning, meeting with representatives of a new restaurant, reviewing and finalizing the draft of the 2033 Comprehensive Plan, and responding to phone calls and e-mails from residents, business people and others. Director of Planning for Pond & Company, Michele Alexander gave an overview of the 2033 Comprehensive Plan draft. NEW BUSINESS: R2013-08-15 A Resolution of the Mayor and Council of the City of Peachtree Corners, Georgia establishing a tree bank program in conjunction with sec. 5.3.4 of the City of Peachtree Corners buffer, landscape and tree ordinance. MOTION TO APPROVE R2013-08-15. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (5-0) (Christopher, Gratwick, Mason, Sadd, Aulbach) ACTION ITEM Consideration of an Intergovernmental agreement for use and distribution of proceeds generated by the 2013 special purpose local option Sales tax referendum. MOTION TO APPROVE THE INTERGOVERNMENTAL AGREEMENT. By: Council Member Gratwick Seconded by: Council Member Christopher Vote: (5-0) (Gratwick, Christopher, Mason, Sadd, Aulbach) ACTION ITEM Consideration of agreement with Waste Pro of Georgia for residential solid waste collection, disposal, and recycling services. 2013-08-06 Council Meeting Minutes Page 2 of 4  DRAFT COPY MOTION TO APPROVE THE AGREEMENT WITH WASTE PRO OF GEORGIA FOR RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES. By: Council Member Christopher Seconded by: Council Member Aulbach Vote: (5-0) (Christopher, Aulbach, Mason, Sadd, Gratwick) ACTION ITEM Consideration of Alcoholic Beverage License Application for Courtyard by Marriott located at 32509 Holcomb Bridge Road, Peachtree Corners, Georgia, 30092. Applicant is requesting approval for a Retail Package Malt Beverage license. MOTION TO APPROVE THE ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR COURTYARD BY MARRIOTT. By: Council Member Aulbach Seconded by: Council Member Gratwick Vote: (5-0) (Aulbach, Gratwick, Mason, Sadd, Christopher) ACTION ITEM Consideration of Alcoholic Beverage License Application for Wal-Mart #3070 located at 5025 Winters Chapel Road, Peachtree Corners, Georgia, 30092. Applicant is requesting approval for a Retail Package Wine and Malt Beverage license. MOTION TO APPROVE THE ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR WAL-MART. By: Council Member Sadd Seconded by: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Aulbach, Gratwick) EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: MOTION TO ADJOURN AT 7:58 PM. By: Council Member Gratwick Seconded by: Council Member Sadd Vote: (7-0) (Gratwick, Sadd, Mason, Aulbach, Christopher) 2013-08-06 Council Meeting Minutes Page 3 of 4  DRAFT COPY Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2013-08-06 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 8/5/13 – 8/16/13. A. Meetings with: 1. ZBA applicants concerning variance requests 2. Economic Development group concerning joint community projects 3. Representatives of a prospective new restaurant business 4. Technology Association of GA regarding Techie 5K/10K race through Technology Park on October 5, 2013 B. Prepared materials for DDA review of respondents. C. Prepared materials related to 2033 Comprehensive Plan D. Coordinated with Gwinnett Corrections Department concerning R-O-W maintenance IGA E. Prepared Political Sign information F. Responded to phone calls and e-mails from residents, business people, and others Processed the following permit applications: 1. 8/5/2013 BOJANGLES RESTAURANT 7140 JIMMY CARTER BLVD NEW CONSTRUCTION 2. 8/6/2013 DENTAL COSMETIC SOL.,P.C. 6460 SPALDING DRIVE CERTIFICATE OF OCCUPANCY 3. 8/6/2013 LOYA INSURANCE 6405 SPALDING DRIVE CERTIFICATE OF OCCUPANCY 4. 8/6/2013 LMI ELECTRICAL 6200 THE CORNERS PKWY ELECTRICAL 5. 8/6/2013 LEE'S SIGNS 6405 SPALDING DRIVE PERMANENT SIGN 6. 8/7/2013 GMC ENT. & RENOVATIONS 6649 PEACHTREE IND BL. STE I INTERIOR FINISH 7. 8/7/2013 ALTAIR SIGN & LIGHT,INC 5305 PEACHTREE IND BLVD PERMANENT SIGN 8. 8/7/2013 PEACHTREE SERVICE EXPERT 4224 THAMESGATE CLOSE HVAC 9. 8/7/2013 J AND O FITNESS 5260 PEACHTREE IND BLVD STE 800 CERT. OF OCC. 10. 8/8/2013 ALFRED HARLIN ELECTRIC 5653 CREESIDE DRIVE ELECTRICAL 11. 8/9/2013 SALVATION DELIVER. CHURCH 3250 PEACHTREE CORN. CIR. TEMPORARY SIGN 12. 8/9/2013 AMERICAN TOWER CORP. 3380 HOLCOM BRIDGE ROAD CELL SITE 13. 8/12/2013 SOFTCHOICE 680 ENGINEERING DRIVE PARTIAL DEMO 14. 8/12/2013 JOSE'S ELECTRIC 5285 BLUE YARROW DRIVE ELECTRIC 15. 8/12/2013 UNITED AIR TEMP 5321 EDGERTON DRIVE HVAC 16. 8/12/2013 J CHAMBERLAIN ELECTRIC 3266 CHAPPELL LN ELECTRIC 17. 8/12/2013 SIGN-A-RAMA 5250 PEACHTREE PARKWAY SIGN PERMIT 18. 8/12/2013 M & P SHOPPING CENTER 5025 WINTERS CHAPEL RD PERMANENT SIGN 19. 8/12/2013 ATMET AMERICA,INC 4975 AVALON RIDGE PKWY. CERT. OF OCCUPANCY 20. 8/13/2013 T K ELECTRIC 5025 WINTERS CHAPEL RD ELECTRICAL 21. 8/14/2013 GEORGIA DELTA MECHANICAL 3903 CRAB ORCHARD LANE PLUMBING 22. 8/14/2013 GEORGIA DELTA MECHANICAL 6200 INDIAN RIVER DRIVE PLUMBING 23. 8/14/2013 M W HUFF 3847 MORAN WAY UNIT A, 4-PLEX PLUMBING 24. 8/14/2013 M W HUFF 3847 MORAN WAY UNIT B, 4-PLEX PLUMBING 25. 8/14/2013 M W HUFF 3847 MORAN WAY UNIT C, 4-PLEX PLUMBING 26. 8/14/2013 M W HUFF 3847 MORAN WAY UNIT D, 4-PLEX PLUMBING 27. 8/14/2013 WARREN HANKS CONST. CO. 3500 PARKWAY LANE STE 700 INTERIOR FINISH 28. 8/14/2013 LOST MOUNTAIN ELECT. 5305 PEACHTREE IND BLVD ELECTRICAL/SIGN 29. 8/14/2013 LOST MOUNTAIN ELECT. 5305 PEACHTREE IND BLVD ELECTRICAL 30. 8/15/2013 JAZZERCISE PEACHTREE CRNS 3400 HOLCOMB BRIDGE RD TEMPORARY SIGN 31. 8/15/2013 BROWNING ELECTRICAL SERV. 3847 MORAN WAY UNIT A, 4-PLEX ELECTRICAL 32. 8/15/2013 BROWNING ELECTRICAL SERV. 3847 MORAN WAY UNIT B, 4-PLEX ELECTRICAL 33. 8/15/2013 BROWNING ELECTRICAL SERV. 3847 MORAN WAY UNIT C, 4-PLEX ELECTRICAL 34. 8/15/2013 BROWNING ELECTRICAL SERV. 3847 MORAN WAY UNIT D, 4-PLEX ELECTRICAL 35. 8/15/2013 TELECOM. CONTR.,CO., INC 3355 MEDLOCK BRIDGE RD MONOPOLE/BASE 36. 8/15/2013 W K CULPEPPER CONST. CO. 3265 SATURN CT BLDG A INTERIOR FINISH STATE OF GEORGIA CITY OF PEACHTREE CORNERS RESOLUTION 2013-08-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEACHTREE CORNERS, GEORGIA TRANSMITTING THE 2033 COMPREHENSIVE PLAN TO THE ATLANTA REGIONAL COMMISSION AND GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS FOR OFFICIAL REVIEW. WHEREAS, after thorough analysis and extensive public participation, the City of Peachtree Corners has completed the draft of its first Comprehensive Plan; and WHEREAS, this Comprehensive Plan document was prepared in accordance with the Rules of the Georgia Department of Community Affairs Chapter 110-12-1, Minimum Standards and Procedures for Local Comprehensive Planning, effective January 1, 2013; and WHEREAS, the required transmittal public hearing was properly advertised and held on August 20, 2013; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Peachtree Corners, Georgia, that the 2033 Comprehensive Plan is hereby transmitted to the Atlanta Regional Commission and the Georgia Department of Community Affairs for official review. SO RESOLVED AND EFFECTIVE, this the _20th__ day of August, 2013. Approved: ________________________ Mike Mason, Mayor Attest: ___________________________ Kym Chereck, City Clerk Seal STATE OF GEORGIA COUNTY OF GWINNETT INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is executed this ath day of August , 2013, by and between Gwinnett County, Georgia ("Gwinnett County"), a political subdivision of the State of Georgia, and the City of Peachtree Corners , Georgia ("City"), a municipal corporation. WITNESS ETH WHEREAS, certain public property, buildings, and facilities owned by the City require occasional landscaping, trash pick-up, and painting; WHEREAS, the City wishes to utilize inmates in the custody of the Gwinnett County Department of Corrections to perform such labor services; WHEREAS, Gwinnett County is willing to make available inmate work crews to perform certain labor services on public property and to public facilities and buildings for a sum equal to its cost of providing the work crew, appropriate security, and equipment; WHEREAS, O.C.G.A. § 42-5-60 authorizes Gwinnett County and the City to contract for and receive the services of inmate work crews; WHEREAS, Gwinnett County and the City agree that the use of inmate work crews to perform general maintenance and repair on public property owned by the City will benefit the citizens of both jurisdictions; WHEREAS, the Gwinnett County Board of Commissioners has lawfully delegated the authority to enter into this Agreement to the Warden of the Gwinnett County Department of Corrections;  NOW, THEREFORE, in consideration of Gwinnett County's agreement to provide inmate work crews to the City for the purpose of general maintenance and repair, the parties agree as follows: 1. Gwinnett County shall make available to the City an inmate work crew, generally consisting of eight (8) to ten (10) inmates. The crew shall be made available to the City on a daily basis not to exceed seven (7) working hours per day. 2. The inmate crew shall consist of inmates in the custody of the Gwinnett County Department of Corrections, one (1) armed correctional officer, a fully equipped transport vehicle, and a landscape trailer equipped for commercial mowing and/or litter pickup. All other materials and equipment as may be necessary for the particular assignment shall be the responsibility of the City and shall be provided solely at the City's expense. The City affirms that all materials and equipment it may separately provide under this Agreement for use by the inmate work crew shall be in good working order and all safety equipment and devices shall be free of defect. 3. The City shall pay to Gwinnett County a flat fee of three hundred and ten dollars ($310.00) per actual worked day as reimbursement for all salaries, costs, and expenses necessarily incurred by Gwinnett County to provide the crew, correctional officer, and equipment/materials. 4. The inmate crew shall perform services which may include landscaping, trash/litter pickup, painting and graffiti removal on public property and to public facilities only. Under no circumstances shall the inmates be assigned to perform any labor or service to or on behalf of any private property, private entity, or private facility. 5. Gwinnett County reserves the absolute right to decline to provide an inmate work crew in the event that: a) such manpower is necessary to perform county work, 2 which shall always be a priority; b) the assignment is contrary to Georgia law or outside of the scope of this Agreement; c) the assignment may pose an unacceptable risk of harm to inmates or Gwinnett County personnel; d) the assignment poses unacceptable risk of escape; ore) for any other reason as determined by the Warden of the Gwinnett County Department of Corrections. 6. All equipment and materials provided by Gwinnett County shall be operated only by the inmate crew and/or Gwinnett County personnel. 7. The term of this Agreement shall be one (1) year from the date first appearing hereon. Unless otherwise terminated, it shall automatically renew annually not to exceed five (5) renewal periods. 8. This Agreement shall not be modified verbally, but any modifications of the terms of this Agreement shall be in writing and signed by the duly authorized representatives of each party hereto. 9. The City shall not assign or subcontract, in whole or in part, its rights or obligations pursuant to this Agreement. 10. The City shall to the fullest extent provided by law, and at its sole cost and expense: indemnify; defend; satisfy all judgments; and hold harmless Gwinnett County, its agents, officers, and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses, and expenses including, but not limited to, attorney's fees arising out of or resulting from the City's exercise of authority granted herein; whether such injury is causes in whole or in part by a person indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described herein nor shall any provision of this Agreement operate 3 to waive the defenses of sovereign, governmental, discretionary act, or official immunity available to any party or person described herein. 11. This Agreement may be terminated by either party for any reason at any time. Such termination shall be in writing and may be delivered personally, by facsimile transmission, or by United States mail. In witness whereof, the parties hereby execute this Agreement on the date first above written. ATTEST: GWINNETT COUNTY, GEORGIA Darrell Johnson, Interim Warden Gwinnett County Department of Corrections APPROVED AS TO FORM: Scott J. Fuller Sr. Assistant County Attorney ATTEST: CITY OF Peachtree Corners , GEORGIA City Clerk Mayor (Seal) 4