City Council

www.peachtreecornersga.gov 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 September 16, 2014 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 19, 2014 and August 26, 2014 F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA - No Items I) PRESENTATIONS AND REPORTS 1. Mayor Mason Proclamation declaring October 23 – 31 as Red Ribbon Week 2. Diana Wheeler Staff Activity Report J) OLD BUSINESS 1. R2014-07-29 Resolution calling for referendum election to allow the citizens of the (K. Chereck) City of Peachtree Corners, Georgia to vote on whether the City shall permit the issuance of licenses for the package sale of distilled spirits. THIS ITEM WAS TABLED AT THE AUGUST 19, 2014 MEETING. 2. O2014-08-30 Second Read of an Ordinance to amend the City of Peachtree Corners (D. Wheeler) Zoning Map Pursuant to SUP2014-003, New Church of Atlanta, request for a special use permit to expand church uses to an office building adjacent to an existing church and located on 2.9 acres at 2865 Amwiler Rd. in Land Lot 250, 6th District, Gwinnett County, Georgia. (Public comment will be heard.) 3. Action Item Consideration of an Intergovernmental Agreement with the City of Johns (J. Jackson) Creek for Routine Road Maintenance. K) NEW BUSINESS 1. Action Item APH 2014-09-012- Request for Alcoholic Beverage License by Zoe’s (D. Wheeler) Kitchen Holding Company, LLC at 5150 Peachtree Pkwy, Ste. 200, Peachtree Corners GA 30092. 2. Action Item Approval of Intergovernmental Agreement for Inmate Housing. (Brandon Branham) 3. O2014-10-31 First Read of an Ordinance to amend the City of Peachtree Corners Zoning Map pursuant to SUP2014-004, Crowell Brothers Funeral Home, request for a Special Use Permit on a 2.76 acre parcel zoned C-2 (General Business) to allow a crematory within an existing funeral home at 5051 Peachtree Industrial Boulevard. (Public comment will be heard at the second reading on 10/21/14.) L) WORK SESSION 1. Diana Wheeler Life Cycle Housing and Economic Development 2. Diana Wheeler Gateway Entry Design M) EXECUTIVE SESSION – Discussion of Real Estate Matter N) ADJOURNMENT 2014-09-16 COUNCIL MEETING AGENDA PAGE 2 OF 2 Council Minutes August 19 & 26, 2014  DRAFT COPY CITY OF PEACHTREE CORNERS COUNCIL MEETING August 19, 2014, @ 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 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 Manager Julian Jackson City Clerk Kym Chereck Com. Dev. Director Diana Wheeler City Attorney Bill Riley Comm. Director Judy Putnam Accounting Manager Brandon Branham PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. MAYOR’S OPENING REMARKS: Mayor Mason made comment pertaining to House Bill 60, amending the firearms laws throughout the State. Mayor Mason explained that City Hall is also a Municipal Courthouse, therefore, no firearms are allowed at the City of Peachtree Corners City Hall. Mayor Mason made comment concerning a Volunteer Task Force that the City will be starting. Information pertaining to the Task Force, Mayor’s Initiatives and Key Enterprises (M.I.K.E.) will be located on the City’s website. MINUTES: MOTION TO APPROVE THE MINUTES FROM THE JULY 15, 2014 COUNCIL MEETING. By: Council Member Aulbach Seconded by: Council Member Christopher Vote: (7-0) (Aulbach, Christopher, Mason, Sadd, Lowe, Wright, Gratwick) 2014-08-19 Council Meeting Minutes Page 1 of 7  DRAFT COPY CONSIDERATION OF THE MEETING AGENDA: There was no change to the agenda. PUBLIC COMMENT: Mr. Ed Hashbarger informed the Mayor, Council and public that he would like to start a Peachtree Corners Lions Club. If anyone is interested they can obtain his information from Diana Wheeler, Director of Community Development. Mrs. Debbie Mason gave an update concerning lighting for the existing Peachtree Corners monument sign, which was erected by UPCCA. Mrs. Mason stated that the electrical outlets at the rear of the site are in place, (which will accommodate twinkle lights at the holidays) and they are waiting for landscaping to be installed prior to any additional lighting being installed. PRESENTATIONS AND REPORTS: Presentation of ‘Recycling Rewards’ “Recycling Rewards’ is offered through Waste Pro. Winners of the ‘Recycling Rewards’ program are chosen randomly within the group of Peachtree Corners participants. Mayor Mason presented ‘Recycling Rewards’ awards to John O’Reilly, Jerome Cooper and the Strohmeyer Family. P2014-08-18 Mayor Mason presented Proclamations of the City of Peachtree Corners, Georgia recognizing and congratulating Peachtree Corners’ 12U Girls Softball Team comprised of Ann Margaret Jones, Annabelle Nowak, Bella Krauth, Brooke Weaver, De’Areya Porter, Emma Kate Means, Emma O’Dell, Gabby Pappas, Kedzie Howe, Isabel Rodriguez, Riley Keller, Sierra Blackburn, and Tatum Lowe for their excellent achievement. Staff Activity Report – Community Development Diana Wheeler, Community Development Director, provided her report on staff activities that occurred during the period of July 28, 2014 – August 15, 2014. These activities included, among other items, meeting with the Town Center LCI team, meetings with the Downtown Development Authority, Planning Commission and Green Committee, and assessing public hearing applications and posting documents to the website. 2014-08-19 Council Meeting Minutes Page 2 of 7  DRAFT COPY OLD BUSINESS: O2014-07-29 Second Read of an Ordinance to amend Articles 5, 6, 10, and 13 of the 2012 City of Peachtree Corners Zoning Resolution by modifying specific provisions of the accessory use regulations, overlay standards, sign regulations, and parking regulations; repealing conflicting ordinances; and setting an effective date. After discussion it was determined that the verbiage concerning vegetable gardens would be removed from the Ordinance. The Mayor opened the floor for public comment. A resident suggested that concerning Article X, Section 1001, 5.a.b. (Off-street parking) exception to this restriction shall be make for visiting campers and motorhomes which may be parked up to three times per year in the same residential driveway for up to seven days a time, be changed to four times per year. MOTION TO APPROVE O2014-07-29 EXCLUDING THE VEGETABLE GARDEN VERBIAGE, AND CHANGING THE VERBIAGE ON ARTICLE X, SECTION 1001, 5.A.B. TO READ FOUR TIMES A YEAR INSTEAD OF THREE TIMES A YEAR. By: Council Member Christopher Seconded: Council Member Wright Vote: (7-0) (Christopher, Wright, Mason, Sadd, Lowe, Wright, Aulbach) R2014-07-29 Resolution calling for a referendum election to allow the citizens of the City of Peachtree Corners, Georgia to vote on whether the City shall permit the issuance of licenses for the package sale of distilled spirits. This item was tabled at the July 15th meeting and remained on the table. NEW BUSINESS: R2014-08-30 A Resolution of the Mayor and Council of the City of Peachtree Corners, Georgia in support of a Crime-Free Multi-Family Housing Program. Mayor Mason, Commissioner Lynnette Howard and Officer David Martinez gave a brief description of the Crime-Free Multi-Family Housing Program. The City of Peachtree Corners professed their support for this program. 2014-08-19 Council Meeting Minutes Page 3 of 7  DRAFT COPY MOTION TO APPROVE R2014-08-30. By: Council Member Gratwick Seconded: Council Member Sadd Vote: (7-0) (Gratwick, Sadd, Mason, Wright, Lowe, Aulbach, Christopher) ACTION ITEM APH 2014-09-011- Request for Alcoholic Beverage License at Cue’s Barbecue at 5260 Peachtree Industrial Blvd, Ste 100, Peachtree Corners GA 30092. MOTION TO APPROVE APH2014-09-011. By: Council Member Gratwick Seconded: Council Member Sadd Vote: (7-0) (Gratwick, Sadd, Mason, Lowe, Wright, Aulbach, Christopher) ACTION ITEM APH 2014-09-012- Request for Alcoholic Beverage License by SF Markets, LLC DBA: Sprout’s Farmers Market #513 at 5130 Peachtree Pkwy, Ste 100, Peachtree Corners GA 30092. MOTION TO APPROVE APH2014-09-012. By: Council Member Aulbach Seconded: Council Member Christopher Vote: (7-0) (Aulbach, Christopher, Mason, Sadd, Lowe, Wright, Gratwick) ACTION ITEM Consideration of Approving a Contract Agreement for the Provision of Public Works Services for the City of Peachtree Corners. After discussion it was determined that this item would be tabled. ACTION ITEM Consideration of Approving an Intergovernmental Agreement for a Service Delivery Strategy between Gwinnett County and the City of Peachtree Corners. 2014-08-19 Council Meeting Minutes Page 4 of 7  DRAFT COPY MOTION TO APPROVE THE INTERGOVERNMENTAL AGREEMENT FOR A SERVICE DELIVERY STRATEGY BETWEEN GWINNETT COUNTY AND THE CITY OF PEACHTREE CORNERS. By: Council Member Gratwick Seconded: Council Member Christopher Vote: (7-0) (Gratwick, Christopher, Mason, Sadd, Lowe, Wright, Aulbach) ACTION ITEM Consideration of an Intergovernmental Agreement with the City of Johns Creek for Routine Road Maintenance. After discussion it was determined that this item would be tabled. ACTION ITEM Consideration of Approving a Contract Agreement between the City of Peachtree Corners and Vision Internet for a website redesign. MOTION TO APPROVE A CONTRACT AGREEMENT BETWEEN THE CITY OF PEACHTREE CORNERS AND VISION INTERNET FOR A WEBSITE REDESIGN. By: Council Member Christopher Seconded: Council Member Aulbach Vote: (7-0) (Christopher, Aulbach, Mason, Sadd, Lowe, Wright, Gratwick) O2014-08-30 First Read of an Ordinance to amend the City of Peachtree Corners Zoning Map Pursuant to SUP2014-003, New Church of Atlanta, request for a special use permit to expand church uses to an office building adjacent to an existing church and located on 2.9 acres at 2865 Amwiler Rd. in Land Lot 250, 6th District, Gwinnett County, Georgia. (Public comment will be heard at the second reading on 09/16/14.) WORK SESSION: Lord, Aeck + Sargent Mr. Matt Cherry of Lord, Aeck and Sargent gave a brief overview of the Town Center LCI. Mr. Cherry discussed, among other items, the LCI process, public engagement to date, a transportation assessment, emerging themes, and the next steps in the process. Mr. Cherry encouraged the Mayor and Council to participate in the on-line survey located on the City’s website. 2014-08-19 Council Meeting Minutes Page 5 of 7  DRAFT COPY Discussion on 2014 Budget Mr. Brandon Branham, Finance Manager, explained to the Mayor and Council that there are some general housekeeping items that needed to be taken care of on the 2014 Budget and requested that they be presented at the next meeting. Mason Mason stated that the items should be presented at the September 19, 2014 Council Meeting. Discussion of Intergovernmental Agreement for Inmate Housing Mr. Brandon Branham, Finance Manager, explained to the Mayor and Council that he would like to present an Intergovernmental Agreement for Inmate Housing at the next meeting. Mason Mason stated that the item should be presented at the September 19, 2014 Council Meeting. Update on solid Waste Collections Mr. Brandon Branham, Finance Manager, explained to the Mayor and Council that currently there were 250 unpaid solid waste bills for the City of Peachtree Corners. Mr. Branham stated that citations would be issued starting Friday, August 22, 2014. Second Anniversary Campaign – ‘Proud to be Peachtree Corners’ Judy Putnam, Communications Director, presented the Mayor and Council with art work for the proposed banners to be placed at various locations throughout the City. Mayor Mason recommended that this item be presented at the next Council meeting. ADJOURNMENT: MOTION TO ADJOURN AT 9:37 PM By: Council Member Sadd Seconded by: Council Member Aulbach Vote: (7-0) (Sadd, Aulbach, Mason, Lowe, Wright, Christopher, Gratwick) Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk 2014-08-19 Council Meeting Minutes Page 6 of 7  DRAFT COPY (Seal) 2014-08-19 Council Meeting Minutes Page 7 of 7  DRAFT COPY CITY OF PEACHTREE CORNERS SPECIAL CALLED COUNCIL MEETING August 26, 2014, @ 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 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 Manager Julian Jackson City Clerk Kym Chereck City Attorney Bill Riley PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. CONSIDERATION OF THE MEETING AGENDA: There was no change to the agenda. PUBLIC COMMENT: There was no public comment. OLD BUSINESS: ACTION ITEM Consideration of Approving a Contract Agreement for the Provision of Public Works Services for the City of Peachtree Corners. This item was tabled at the previous meeting. A motion was made after discussion concerning, among other things, placement of incoming Staff. MOTION TO APPROVE APPROVING A CONTRACT AGREEMENT FOR THE PROVISION OF PUBLIC WORKS SERVICES FOR THE CITY OF PEACHTREE CORNERS. 2014-08-26 Council Meeting Minutes Page 1 of 2  DRAFT COPY By: Council Member Sadd Seconded: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Lowe, Wright, Aulbach, Gratwick) ADJOURNMENT: MOTION TO ADJOURN AT 7:12 PM By: Council Member Aulbach Seconded by: Council Member Sadd Vote: (7-0) (Aulbach, Sadd Mason, Lowe, Wright, Christopher, Gratwick) Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2014-08-26 Council Meeting Minutes Page 2 of 2 Proclamation STATE OF GEORGIA CITY OF PEACHTREE CORNERS PROCLAMATION 2014-09-19 Proclamation A PROCLAMATION OF THE CITY OF PEACHTREE CORNERS, GEORGIA DECLARING OCTOBER 23 – 31 AS RED RIBBON WEEK. WHEREAS, The National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31; and WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and Council of the City of Peachtree Corners that October 23-31 is hereby proclaim as RED RIBBON WEEK and the City Council encourages its citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Peachtree Corners. SO PROCLAIMED AND EFFECTIVE, this the 16th day of September, 2014. Attest: Approved: _______________________ ______________________ Kym Chereck, City Clerk Mike Mason, Mayor Staff Activity Report  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: September 16, 2014 SUBJECT: Staff Activity Report______________________________________ The following is a summary of Staff activity during the period of 8/25/14 – 9/12/14. A. Meetings with: 1. Town Center LCI team 2. Green Committee 3. Planning Commission 4. Pond + Co. concerning proposal for joint project with Dunwoody 5. Pond + Co. concerning new Gateway monument concepts, Gateway Grant Landscape plan B. Assessed public hearing applications and posted documents to website. C. Assessed housing options for workshop discussion. D. Responded to phone calls and e-mails from residents, business people, and others. Processed the following permit applications: DATE Permit # NAME ADDRESS TYPE 8/25/2014 1770-14 SPROUTS 5130 PEACHTREE PKWY TEMPORARY SIGN 8/25/2014 1771-14 COOL AIR MECHANICAL 4384 RIVER STREAM CIRCLE HVAC 8/25/2014 1772-14 COOL AIR MECHANICAL 380 PENTEL COURT HVAC 8/25/2014 1773-14 MERIT CONSTRUCTION COMPANY 6625 THE CORNERS PARKWAY STE 200 INTERIOR FINISH 8/25/2014 1774-14 B & Z CONSTRUCTION SERVICES, INC 6395 SPALDING DRIVE STE F CERTIFICATE OF OCCUPANCY 8/26/2014 1775-14 PEACHTREE SERVICE EXPERTS 4051 PRIMROSE LN HVAC 8/26/2014 1776-14 SUSAN N SHEA 5479 PORTAL PLACE REMODEL 8/27/2014 1777-14 INNOVATIVE CONSTRUCTION 5580 CLINCHFIELD TRAIL REMODEL 8/28/2014 1778-14 MISTER SPARKY INC 5185 PEACHTREE PKWY STE #350 ELECTRICAL 8/28/2014 1779-14 ENERGIZE ELECTRIC 2850 HUMPHRIES WAY ELECTRICAL 8/29/2014 1780-1827 DAVIS & SONS, INC 5151 BEVERLY GLENN VILLAGE LN REROOF 8/29/2014 1828-14 MASSTAR SIGNS 5270 PEACHTREE PKWY PERMANENT SIGN 8/29/2014 1829-14 MASSTAR SIGNS 5270 PEACHTREE PKWY PERMANENT SIGN 8/29/2014 1830-14 MASSTAR SIGNS 5270 PEACHTREE PKWY PERMANENT SIGN 9/2/2014 1831-14 THE ELITE PLUMBER/ATLANTA GREASE TRAP 3380 HOLCOMB BRIDGE RD STE 7A PLUMBING 9/2/2014 1832-14 MITEC 5445 TRIANGLE PKWY STE 250 ELECTRICAL 9/2/2014 1833-14 G VICKERS ENTERPRISES, INC 3995 KINGS PADDOCK COURT REMODEL 9/3/2014 1834-14 SPROUTS 5130 PEACHTREE PKWY TEMPORARY SIGN 9/3/2014 1835-14 A-1 SIGNS 5515 TRIANGLE DR PERMANENT SIGN 9/3/2014 1836-14 A-1 SIGNS 5515 TRIANGLE DR PERMANENT SIGN 9/3/2014 1837-14 A-1 SIGNS 5100 PEACHTREE PKWY PERMANENT SIGN 9/3/2014 1838-14 G-LIVE USA, LLC 6659 PEACHTREE IND BLVD CERTIFICATE OF OCCUPANCY 9/3/2014 1839-14 A-1 SIGNS 5155 PEACHTREE PKWY STE 630 PERMANENT SIGN 9/3/2014 1840-14 A-1 SIGNS 5155 PEACHTREE PKWY STE 630 PERMANENT SIGN 9/4/2014 1841-14 AMANUEL TEWODROS 5141 WEST JONES BRIDGE RD REMODEL 9/4/2014 1842-14 TELETECHSERV GA LLC 5405 SPALDING DRIVE CELL SITE 9/4/2014 1843-14 HANEY MAINTENANCE INC 1555 TECHNOLOGY PKWY SOUTH STE 100 INTERIOR FINISH 9/4/2014 1844-14 US HEALTHWORKS MEDICAL GROUP OF GEORGIA, P.C. 6760 JIMMY CARTER BLVD STE 150 CERTIFICATE OF OCCUPANCY 9/4/2014 1845-14 SUPERIOR PLUMBING SERVICES, INC 3903 GLEN MEADOW DRIVE PLUMBING 9/5/2014 1846-14 LEE'S SIGNS 3330 PEACHTREE CORNERS CIR STE D ELECTRICAL 9/5/2014 1847-14 DOUBLE T CONTRACTING, INC 5555 TRIANGLE PKWY STE 130 INTERIOR FINSH 9/5/2014 1848-14 FASTSIGNS 2755 NORTHWOODS PKWY PERMANENT SIGN 9/5/2014 1849-14 UMA BUSINESS SOLUTIONS DBA SIGN A RAMA 5450 PEACHTREE PKWY STE 1A CERTIFICATE OF OCCUPANCY 9/5/2014 1850-14 RELIANCE DEVELOPMENT 4877 OAK MANOR COURT TEMPORARY CERT/OCCUPANCY 9/8/2014 1851-14 HOGAN ENTERPRISES DB HEI CONSTRUCTION 3044 ADRIATIC COURT DEMO 9/8/2014 1852-14 PRJOECTION INTEGRATION LLC 3495 JONES MILL RD BLDG #15 NEW STRUCTURE 9/8/2014 1853-14 MIDLINE STUDIO 6251 SMITHPOINTE DR PERMANENT SIGN 9/9/2014 1854-14 ROMANOFF RENOVATIONS 5726 BROXTON CIRCLE INTERIOR REMODEL 9/9/2014 1855-14 NEPTUNE POOLS, INC 5701 SPALDING DRIVE POOL 9/9/2014 1856-14 KINZEY CONSTRUCTION COMPANY 2850 NORTHWOODS PKWY INTERIOR FINISH 9/9/2014 1857-14 MARIE BRANDY JOHN 5160 NORTH HAMPTON RIDGE ADDITION 9/9/2014 1858-14 HAO E. CANG 5345 MAINSTREAM CIRCLE DETACHED GARAGE 9/10/2014 1859-14 ALL POWER ELECTRIC INC 4150 WELLINGTON LAKE COURT ELECTRICAL 9/10/2014 1860-14 GREEN TREE COMMUNICATIONS 3817 MEDLOCK BRIDGE RD CELL SITE 9/10/2014 1861-14 GREEN TREE COMMUNICATIONS 6349 PEACHTREE STREET CELL SITE 9/10/2014 1862-14 GREEN TREE COMMUNICATIONS 3880 HOLCOMB BRIDGE RD CELL SITE 9/10/2014 1863-14 PRIMER ELECTRI CO 6167 ROSECOMMON DRIVE ELECTRICAL 9/11/2014 1864-14 TIMOTHY & BARBARA BURNS 3986 SPALDING LN ADDITION 9/11/2014 1865-14 BRITTON ELECTRICAL SERVICES 6125 PEACHTREE PKWY - IHOP ELECTRICAL 9/11/2014 1866-14 DONALDSON ELECTRIC COMPANY 6455 OLD PEACHTREE RD ELECTRICAL  R2014-07-29 Call of Election CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION _________ RESOLUTION CALLING FOR REFERENDUM ELECTION TO ALLOW THE CITIZENS OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO VOTE ON WHETHER THE CITY SHALL PERMIT THE ISSUANCE OF LICENSES FOR THE PACKAGE SALE OF DISTILLED SPIRITS WHEREAS, the City of Peachtree Corners, Georgia (“City”) is a municipality duly formed and existing pursuant to Georgia law; and WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to O.C.G.A. § 3-4-41, a written petition containing the signatures of at least thirty-five percent (35%) of the registered and qualified voters of the City was filed with the City’s Election Superintendent for the purpose of submitting to the qualified voters of the City the question of whether the City shall permit the issuance of licenses for the package sale of distilled spirits was subsequently validated; and WHEREAS, the Mayor and Council of the City of Peachtree Corners, in compliance with Georgia law, desire to allow the citizens of the City to vote their desires with respect to whether the City shall permit the issuance of licenses for the package sale of distilled spirits; NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Peachtree Corners, Georgia, that: the package sale of distilled spirits shall be subject to approval of the electors of the City by vote in a referendum to be called in accordance with the laws of the State of Georgia and that the Election Superintendent shall issue the call and shall conduct the election on and date and in a manner authorized under Georgia law. SO RESOLVED this the day of , 2014. Mike Mason, Mayor Kym Chereck, City Clerk SEAL O2014-08-30  STATE OF GEORGIA ORDINANCE 2014-08-30 GWINNETT COUNTY AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO SUP2014-003, NEW CHURCH OF ATLANTA, REQUEST FOR A SPECIAL USE PERMIT ON A 2.9 ACRE PARCEL ZONED M-1 (LIGHT INDUSTRY) TO ALLOW CHURCH USES WITHIN AN EXISTING OFFICE BUILDING AT 2865 AMWILER ROAD IN LAND WHEREAS: Notice to the public regarding said modification to conditions of zoning has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners on August 19, 2014 and September 16, 2014; NOW THEREFORE, The Mayor and City Council of the City of Peachtree Corners while in Regular Session on September 16, 2014 hereby ordain and approve the Zoning Case SUP2014­ 003, New Church of Atlanta, for the above referenced property with the following enumerated conditions: 1. Required inspections and interior finish permits shall be obtained before occupancy. 2. The three (3) parcels owned by the church shall be combined into one tax parcel (6-250-050, 6-250-060, 6-250-062) Effective this 16th day of September, 2014. So signed and Witnessed Approved : this _______day of __________, 2014 Attest: ______________________ __________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y NA Gratwick  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS CASE NUMBER :SUP2014-003 ZONING :M-1 LOCATION :2865 Amwiler Road MAP NUMBERS :6-250-050 and 6-250-260 ACREAGE :2.9 ACRES PROPOSED DEVELOPMENT :allow church uses in an existing office building adjacent to an existing church CHARACTER AREA :INDUSTRIAL CORRIDOR APPLICANT: NEW CHURCH OF ATLANTA, INC. 2845 AMWILER ROAD PEACHTREE CORNERS, GA 30360 CONTACT: REV. SU (BILL) SIM PHONE: 404.966.6988 OWNER: NEW CHURCH OF ATLANTA, INC. 2845 AMWILER ROAD PEACHTREE CORNERS, GA 30360 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant requests a Special Use Permit on a 2.9-acre parcel zoned M-1 (Light Industry District) to permit church uses in an existing, vacant office building. The office building is part of the Amwiler-West office center and formerly housed eight businesses including two electronics companies and a CPA’s office. The property that is the subject of this request consists of two parcels – the parcel occupied by the office building (6-250-050) and a smaller parcel (6-250-060, 0.17 acre) to the front and left. The New Church of Atlanta currently occupies the adjacent property (6-250-062) at 2845 Amwiler Road. No addition or alteration to the exterior of the buildings or site is being requested. The property is not within the overlay district. The applicant’s letter of intent states that the request is to use the building for a gymnasium, classrooms, a small chapel and offices. The Gwinnett Tax records indicate that the subject property is currently owned by the applicant. ZONING HISTORY: The property is currently zoned M-1 (Light Industry District) and is occupied by a 49,262 square foot brick office building constructed in 1984. In 2001 the Gwinnett County Board of Commissioners approved a Special Use Permit (SUP-01-053) permitting the New Church of Atlanta to use the adjacent property (a 28, 106 square foot brick office building constructed in 1986) as a church building with the following two conditions: 1. All activities shall be conducted within the leased building area; and, 2. Obtain required inspections and interior finish building permits for church occupancy. DEPARTMENT ANALYSIS: The subject property is a 2.9-acre site located at 2865 Amwiler Road. It is the back building of a two-building office center that is accessed by an island-divided entrance at Amwiler Road. The parking and driveways for the two buildings are inter-connected. The front building has been used as the worship center, office, and day care for the church since 2001. The property is surrounded by M-1 (Light Industry) and M-2 (Heavy Industry) zoned property. Thermo-King, a refrigerated truck maintenance, repair, and storage facility is located immediately east of this iste. Office-Warehouse uses also abut the property on its other sides. Across Amwiler Road to the south is a metal recycling center and to the rear of the property are open storage yards and a concrete mixing plant. The 2033 Comprehensive Plan indicates that the parcel lies within the Industrial character area. This character area encourages the adaptive reuse of existing underutilized structures. The proposed use conforms to this development guideline. The Industrial character area also seeks to apply high standards of architectural design and building materials such as the existing brick exterior on this structure. The request to permit church uses in this existing structure would be consistent with the policies of the Character area and would put a vacant building back into productive use. SUMMARY: The adjacent front building already exists as a church and has been in operation for over a dozen years without problems. Since the site is adequate for church uses and the vacant building behind the existing church is a logical location for expansion, it is recommended that SUP2014-003, request to permit church uses in an existing vacant building at 2865 Amwiler Road, be approved with the following conditions: 1. Required inspections and interior finish permits shall be obtained before occupancy. 2. The three (3) parcels owned by the church shall be combined into one tax parcel (6-250-050, 6-250-060, 6-250-062) 2  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PUBLIC HEARING NEW CHURCH OF ATLANTA CASE NUMBER: SUP2014-003 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: 8/12/14 8/19/14 9/16/14 PROPERTY ADDRESS: 2865 AMWILER ROAD IGA between City of Peachtree Corners and Johns Creek  INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF JOHNS CREEK, GEORGIA AND THE CITY OF PEACHTREE CORNERS, GEORGIA FOR PROVISION OF PUBLIC WORKS SERVICES THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this ____ day of September, 2014 by and between the City of Johns Creek, Georgia (“Johns Creek”) and the City of Peachtree Corners, Georgia (“Peachtree Corners”). WHEREAS, Johns Creek and Peachtree Corners are dutifully constituted Georgia municipal corporations; WHEREAS, Johns Creek and Peachtree Corners are contiguous; WHEREAS, Article IX, Section III, Paragraph 1(a) of the Georgia Constitution authorizes, among other things, any municipality to contract, for a period not exceeding fifty years, with another municipality for joint services, for the provision of services, or for the provision or separate use of facilities or equipment, provided that such contract deals with activities, services or facilities which the contracting parties are authorized by law to undertake or to provide; WHEREAS, pursuant to the Johns Creek Charter Section 1.12(b)(7), Johns Creek is authorized “[t]o enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;” WHEREAS, pursuant to the Peachtree Corners Charter Section 1.12(a)(4), Peachtree Corners is authorized “[t]o enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;” WHEREAS, pursuant to the Peachtree Corners Charter Section 1.12(b), Peachtree Corners is a limited-services city able to exercise its powers “only for the purposes of planning and zoning, code adoption and enforcement, and solid waste management services and those items directly related to the precision of such services for the general administration of the city in providing such services;” WHEREAS, pursuant to the Peachtree Corners Charter Section 1.12(d), Peachtree Corners may, “enter into agreements with other governmental entities … to provide for any services not currently authorized by this charter but necessary for the general health, safety, and welfare of the citizens;” WHEREAS, Peachtree Corners desires to enter into this Agreement with Johns Creek for the provision of public works services; WHEREAS, Johns Creek has contracted with OPTECH RWM, LLC (“Contractor”) for the provisions of public works services; and  WHEREAS, Johns Creek is willing to amend its contract with Contractor in order to provide public works services to Peachtree Corners pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the foregoing recitals, the sums hereinafter set forth and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: ARTICLE I – OBLIGATIONS OF JOHNS CREEK 1.1 Johns Creek shall, through Contractor provide personnel and equipment to carry out and complete in a good, firm, substantial, and workmanlike manner the public works services needed by Peachtree Corners. 1.2 The general scope of work provided by Contractor will be to provide, repair, and maintain public works for the needs and safety of the citizens of Peachtree Corners in accordance with the Fourth Amendment to Contract Agreement for the Provision of Park Maintenance Services between Johns Creek and Contractor. 1.3 Throughout the term of this Agreement, Johns Creek shall make Contractor’s personnel and equipment available to Peachtree Corners for the maintenance of its public works projects and services, unless otherwise agreed to by Peachtree Corners and Johns Creek in writing. ARTICLE II – OBLIGATIONS OF PEACHTREE CORNERS 2.1 With respect to all public works services performed by Contractor for Peachtree Corners, Contractor shall invoice Peachtree Corners directly and Peachtree Corners shall pay all base monthly fees and any additional fees directly to Contractor. 2.2 Peachtree Corners shall account for all revenue and expenses for the public works services performed by Contractor for Peachtree Corners. ARTICLE III – TERM OF AGREEMENT 3.1 The term of this Agreement is for a period commencing on October 1, 2014 at 12:00 A.M and ending on September 30, 2015. 3.2 Either party may terminate this Agreement for any reason upon six (6) months written notice to the other party. ARTICLE IV – INDEPENDENT PERSONNEL 4.1 Contractor’s employees providing services to Peachtree Corners pursuant to this Agreement continue to be full employees of Contractor and shall not be considered employees or agents of Peachtree Corners or Johns Creek for the purposes of any liability and/or salary and benefits for any period of time when personnel are provided for public works services pursuant to this Agreement. ARTICLE V – NOTICES 5.1 All required notices shall be given by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below or at such other addresses as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States mail. Any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to Johns Creek: City Manager City of Johns Creek 12000 Findley Road Johns Creek, GA 30097 Office number: 678-512-3200 Facsimile number: 678-512-3244 With a copy to: City Attorney City of Johns Creek 12000 Findley Road Johns Creek, GA 30097 Office number: 678-512-3200 Facsimile number: 678-512-3244 If to Peachtree Corners: City Manager City of Peachtree Corners 147 Technology Pkwy, Suite 200 Peachtree Corners, Georgia 30092 Office number: 678-691-1200 Facsimile number: 678-961-1201 With a copy to: City Attorney City of Peachtree Corners 315 Washington Avenue Marietta, GA 30060 ARTICLE VI – ASSIGNMENT 6.1 Neither party shall assign any of the obligations or benefits of this Agreement without prior written consent signed by both parties.  ARTICLE VII – INDEMNIFICATION 7.1 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. To the extent permitted by law, and only to the extent permitted by law, Peachtree Corners shall defend, indemnify and hold harmless Johns Creek and its officers, employees, or agents from any and all liability, losses or damages, including attorneys’ fees and costs of defense, which Johns Creek or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by Johns Creek, its employees, officers and agents. Peachtree Corners shall promptly notify Johns Creek of each claim, cooperate with Johns Creek in the defense and resolution of each claim and not settle or otherwise dispose of the claim without Johns Creek’s participation. ARTICLE VIII – MISCELLANEOUS PROVISIONS 8.1 The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and agreement of the parties regarding the subject matter of this Agreement. This Agreement supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon Johns Creek or Peachtree Corners. Any modification of this Agreement shall be in writing signed by the parties. 8.2 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Gwinnett, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. 8.3 This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors and assigns. 8.4 The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of this Agreement provided the claims are based upon actions that occurred during the term of this Agreement.  8.5 This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. [ SIGNATURES ON FOLLOWING PAGE ]  IN WITNESS WHEREOF, the City of Johns Creek, Georgia, and the City of Peachtree Corners Georgia, have executed this Agreement through their duly authorized officers on the day and year first above written. CITY OF JOHNS CREEK, GEORGIA _____________________________ Michael Bodker, Mayor ATTEST: _____________________________ Joan Jones City Clerk (SEAL) Approved as to form: _____________________________ Richard A. Carothers Interim City Attorney CITY OF PEACHTREE CORNERS, GEORGIA ______________________________ Mike Mason, Mayor ATTEST: ______________________________ Kym Chereck City Clerk (SEAL) Approved as to form: _______________________________ William F. Riley City Attorney APH 2014-09-012 Zoe’s Kitchen  Mike Mason, Mayor Phil Sadd – Post 1, Council Member James Lowe – Post 2, Council Member Alex Wright – Post 3, Council Member Jeanne Aulbach – Post 4, Council Member Lorri Christopher – Post 5, Council Member Weare Gratwick – Post 6, Council Member __________________________________________________________________________________________ To: Mayor and City Council Cc: Julian Jackson, City Manager From: Diana Wheeler, Community Development Director Date: September 16th, 2014 City Council Meeting Agenda Item: APH 2014-09-013- Approval of Alcoholic Beverage License Application for Zoe’s Kitchen Holding Company, LLC at 5150 Peachtree Pkwy, Ste 200, Peachtree Corners GA 30092. Applicant is David Friedman for Consumption on Premise Wine & Malt Beverage License. Staff Recommendation: Approve the application for Consumption on Premise Beer & Wine Beverage License for Zoe’s Kitchen Holding Company, LLC located at 5150 Peachtree Pkwy, Ste 200, Peachtree Corners, GA 30092 Background: Applicant submitted a completed application on August 25th 2014. Required advertising for the application was published in the Gwinnett Daily Post, the legal organ of the City, on September 5th and September 12th. The applicant has passed the background investigation and meets all requirements. Summary: Staff has reviewed this application and finds no reason to deny the application. Alternatives: None 147 Technology Parkway, Suite 200 | Peachtree Corners, Georgia 30092 www.peachtreecornersga.org | P: 678-691-1200 | F: 678-691-1249 IGA for Inmate Housing STATE OF GEORGIA COUNTY OF MITCHELL INMATE HOUSING AGREEMENT THIS AGREEMENT, is made and entered into this ____day of ___________________, 2014 between the City of Pelham, Mitchell County, Georgia, a political subdivision of the State of Georgia, and its Chief of Police, and the City of Peachtree Corners, Georgia, and its Chief of Police, a political subdivision of the State of Georgia, and its City Manager. WITNESSETH: WHEREAS, the City of Pelham and its Chief of Police (collectively referred to as “City of Pelham”) and the City of Peachtree Corners and its City Manager (collectively referred to as ”City of Peachtree Corners”) desire to enter into an agreement for the provision of jail (inmate detention) services for the purpose of housing and maintaining certain inmates, and, WHEREAS, the City of Pelham has certain required jail facilities available for inmate detention use by the City of Peachtree Corners, and, WHEREAS, the City of Pelham is willing to make certain jail facilities available to the City of Peachtree Corners based on a cost reimbursement formula that reasonably approximates the actual cost of the City of Pelham to own and operate said Detention Center, and, WHEREAS, the City of Pelham will maintain in effect liability coverage, a copy of the coverage provided upon request. NOW, THEREFORE, in consideration of the mutual benefits flowing from one party to the other, it is hereby agreed as follows: 1. TERM OF AGREEMENT: The term of this agreement shall be one (1) year effective immediately, unless terminated in accordance with this agreement. This agreement shall continue automatically after the first year, or for as long as all parties are satisfied without notification by or to either party so long as such extension shall not exceed fifty (50) years. There is no minimum number of inmates that the City of Peachtree Corners will be required to house at the City of Pelham Detention Center. 2. HOUSING: The City of Pelham will make its Detention Center available to the City of Peachtree Corners for the secure care and housing of its inmates to the extent space and resources are available, in the discretion of the Chief of Police or Jail Administrator; provided, however the Detention Center shall attempt to maintain no less than twenty-five (25) inmate spaces for they of City of Peachtree Corners. The parties shall cooperate regarding the number of spaces available and provide reasonable notice to the other regarding any significant deviation in the number of spaces generally available. The housing of inmates shall include the secure custody, care and safekeeping of Peachtree Corners’ inmates including, but not limited to, the provision of an appropriate physical space within a Detention Center and those necessary related facilities and services such as public utilities, hear, air conditioning, recreational facilities, etc., needed to appropriately support the housing of inmates in accordance with state and local laws, standards, policies, procedures or court orders applicable to the operations of the Detention Center. 3. NORMAL MAINTENANCE SERVICES: The City of Pelham will provide normal maintenance services for all City of Peachtree Corners inmates housed in the City of Pelham Detention Center. Normal inmate maintenance services shall be defined as those ordinary and routine human in accordance with state and local laws, standards, policies, procedures or court orders applicable to the operations of the Detention Center. Generally, such normal maintenance shall include, but not be limited to, all administrative services, inmate meals, inmate recreation, inmate library/educational services, inmate transportation, and other related miscellaneous and incidental inmate services provided by the Detention Center for inmates. 4. MEDICAL AND OTHER SERVICES: The City of Pelham will provide medical services through its existing staff at no charge to the City of Peachtree Corners, related to such staff time. In addition to the per diem described below, the City of Peachtree Corners, however, shall be responsible for the cost of medical or dental services and medication provided to any City of Peachtree Corners inmate. Any medical treatment other than routine or incidental care shall require prior notice to and approval by the City of Peachtree Corners. Such non-incidental/non-routine treatment shall include, but not be limited to, any care requiring transportation outside of the facility or treatment by an outside health care provider or requiring any prescription medication. Whenever non-incidental/non- routine medical or dental treatment is necessary, the City of Peachtree Corners may return the inmate to its own custody for appropriate evaluation and/or treatment, as the case may be. 5. DELIVERY OF INMATES: The City of Peachtree Corners officer releasing the inmates shall notify the City of Pelham officer of any unusual or extraordinary health or medical problems associated with the inmate at the time of transfer. The City of Pelham Chief of Police and Jail Administrator have the right to refuse delivery of any City of Peachtree Corners inmate who in their judgment will endanger the health and/or safety of other inmates or jail staff, for such reasons as unusual or contagious medical problems, excessive disruptive behavior, etc. 6. TRANSPORTATION: The City of Pelham shall transport the City of Peachtree Corners inmates from the City of Peachtree Corners Police Department or any other facility housing inmates for the City of Peachtree Corners and deliver them to the City of Pelham Detention Center. In addition, the City of Pelham agrees to provide all subsequent transportation for the City of Peachtree Corners inmates to and from the City of Pelham Detention Center when the attendance of such inmates is required for any judicial or medical proceeding as requested by the City of Peachtree Corners. The above transportation shall be at no cost to the City of Peachtree Corners other than as set forth in this Agreement. 7. PER DIEM FEE; REIMBURSEMENT OF EXPENSE: The City of Pelham shall invoice the City of Peachtree Corners and the City of Peachtree Corners shall pay for said services and cost on a monthly basis as outlined herein. The City of Peachtree Corners shall pay Forty dollars ($40.00) per day for the cost of providing normal maintenance services which shall include housing, delivery and all transportation of each of its inmates incarcerated in the City of Pelham Detention Center as set forth in this Agreement. The City of Peachtree Corners shall pay the full per diem fee for any inmate of the City of Peachtree Corners who is booked into the City of Pelham Detention Center and released in less than twenty-four (24) hours. In addition to the per diem, the City of Peachtree Corners shall be responsible for the payment of any and all medical or dental services and medication to the City of Peachtree Corners inmate held by the City of Pelham, as described in this Agreement. 8. PAYMENT; INVOICES: The per diem fee to the City of Pelham for the previous month’s inmate housing services is due and payable to the City of Pelham Detention Center thirty (30) days after receipt of the City of Pelham’s invoice. The City shall pay and prepare and submit an invoice each month to the City of Peachtree Corners to include the name of each City of Peachtree Corners inmate, their dates of confinement, the total days for which to be reimbursed and the amount of reimbursement due. The invoice shall include the name from data provided by the Pelham Chief of Police or Jail Administrator. 9. NOTICES: Official notices, payments and correspondence to the City of Pelham shall be delivered in person or transmitted by regular mail to The Office of the Chief, Pelham Police Department, 410 Mize Street, N.W., Pelham, Georgia, 31779. Official notices, payments and correspondence to the City of Peachtree Corners shall be delivered in person, transmitted by regular mail to the City of Peachtree Corners Attn: Brandon Branham 147 Technology Parkway Peachtree Corners, Georgia 30092  10. RECORDS; AUDIT: The City of Pelham agrees upon request to furnish the City of Peachtree Corners, or its agents all records pertaining to housing and maintenance of the City of Peachtree Corners inmates in the City of Pelham Detention Center. The City of Peachtree Corners shall have the right to audit all financial data pertaining to the fees and expenses charged the City of Peachtree Corners for the housing and maintenance of inmates, which right shall survive the term of this Agreement. The City of Pelham’s Chief of Police or Jail Administrator shall maintain a record of each of the City of Peachtree Corners’ inmate which shall include the duration of confinement. 11. MODIFICATION: This Agreement may be changed at any time during its term of operation. Changes, modifications and deletions shall only be effective if made in writing and signed by the appropriate authorities for each party. 12. TERMINATION: This Agreement may be terminated by either party for any reason upon thirty (30) days prior written notice to the other party of the intended date of termination. The City of Pelham may terminate this Agreement and refuse to accept the City of Peachtree Corners inmates if the City of Peachtree Corners fails to remit all monies due in a timely manner. Provided, however, regarding any termination of this Agreement, the parties shall cooperate to transition the housing of prisoners in a reasonable timeframe. 13. COURT ORDERS: The City of Pelham’s obligation to accept inmates of the City of Peachtree Corners shall be suspended from such period of time as the City of Pelham is prohibited, pursuant to the order of a court of competent jurisdiction, from accepting inmates. 14. TIME OF PERFORMANCE: Time is the essence in the performance of this Agreement. 16. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions and represents the entire agreement between the parties and supersedes any preexisting agreements relating to the use of the jail facilities of the City of Pelham by inmates of the City of Peachtree Corners. There are no understandings, representations, or agreements, written or oral, other than those contained in this Agreement. Nothing contained in this Agreement shall be deemed to create any relationship other than that of an independent contractor between the City of Pelham and the City of Peachtree Corners. Under no circumstances shall any City of Pelham official or employee be deemed to be an employee of the City of Peachtree Corners for any purpose. Under no circumstances shall any City of Peachtree Corners official or employee be deemed to be an employee of the City of Pelham for any purposes. 15. LIBILITY, INDEMNITY AND HOLD HARMLESS: In the event that any City of Peachtree Corners inmate that has been transported, housed or provided medical attention by the City of Pelham or the City Manager, in accordance with this Inmate Housing Agreement, brings a lawsuit or action against the City of Peachtree Corners, the City of Peachtree Corners Mayor, City Manager and Chief of Police, or any officer, agent, elected official, or employee thereof, in either state or federal court, setting forth a claim of any kind or nature whatsoever arising out of the alleged acts or omissions of the City of Pelham officers, agents or employees and/or the City of Pelham City Chief of Police, jailers or heath care providers, then the City of Pelham agrees to defend, indemnify and hold harmless the City of Peachtree Corners and/or the City of Peachtree Corners Mayor, City Manager and Chief of Police and their respective officers, agents and/or employees harmless from any such claim or cause of action, be it based upon state or federal law, including but not limited to any claim for inadequate medical care, excessive force, cruel and unusual punishment, conditions of confinement or deliberate indifference. IN WITNESS WHEREOF, the City of Pelham and the City of Peachtree Corners have caused this Agreement to be duly enacted by their proper officers and so attest with their signatures affixed hereto. ___________________________________ Mayor City of Pelham Signed, sealed and delivered in the presence of: ________________________________ Attest ________________________________ Notary Public: Approved as to form: ________________________________ City Attorney  __________________________________ Mayor <NAME> City of Peachtree Corners Signed, sealed and delivered in the presence of: ________________________________ Attest ________________________________ Notary Public: Approved as to form ________________________________ City Attorney  O2014-10-31 Crowell Brothers Funeral Home STATE OF GEORGIA ORDINANCE 2014-10-31 GWINNETT COUNTY AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO SUP2014-004, CROWELL BROTHERS FUNERAL HOME, REQUEST FOR A SPECIAL USE PERMIT ON A 2.76 ACRE PARCEL ZONED C-2 (GENERAL BUSINESS) TO ALLOW A CREMATORY WITHIN AN EXISTING FUNERAL HOME AT 5051 PEACHTREE INDUSTRIAL BOULEVARD WHEREAS: Notice to the public regarding said modification to conditions of zoning has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public meetings were held by the Mayor and City Council of Peachtree Corners on September 16, 2014 and October 21, 2014; NOW THEREFORE, The Mayor and City Council of the City of Peachtree Corners while in Regular Session on October 21, 2014 hereby ordain and approve the Zoning Case SUP2014-004, Crowell Brothers Funeral Home, for the above referenced property with the following enumerated conditions: 1. Crematory, as a special use, shall be added to the funeral home facility and limited to a designated location within the existing building. 2. No additional building square footage shall be permitted to accommodate the crematory, and the crematory shall be limited to 1 (one) retort which may occupy no more than 110 square feet of building space within the existing funeral home. 3. Use of the crematory shall be limited to on-site customers only. No cremation services shall be provided for off-site funeral homes. 4. Any chimney associated with the crematory shall be enclosed. 5. All appropriate state and federal rules and regulations required for the crematory shall be observed in its use. The cremation system shall be a “destruction and capture of emissions” type unit, and shall include opacity controls, Intuitive Logic Control systems and oxygen controls. 6. No exterior advertisement of crematory services shall be permitted on the property. 7. Crematory shall have the same hours of operation as the funeral home. No after-hours use of the crematory shall be permitted. 8. If any inspection identifies a deficiency in the crematory, the retort shall not be operated. Gratwick STATE OF GEORGIA ORDINANCE 2014-10-31 GWINNETT COUNTY Effective this 21st day of October, 2014. So signed and Witnessed Approved : this _______day of __________, 2014 Attest: ______________________ __________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor Gratwick Life Cycle Housing and Economic Development  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: September 16, 2014 SUBJECT: Gateway Grant Landscape Plan_______________________________ Pond and Co. has developed a landscape and lighting plan (attached) to utilize the Gateway Grant and augment the existing Gateway sign at the City’s southern entrance. Often times, landscaping and lighting are used as background elements to signage. However, in this case where traffic moves quickly and the sign is easy to overlook, the designers felt that a bold plan was needed. They developed a design that utilizes landscaping and lighting as the stage setting for the existing, low-profile sign. The plan’s concept is based on drawing the motorist’s eye to the sign by using visual perspective and distance together with strategically placed landscaping and lighting. The plan calls for a long, repetitive row of trees to be planted well in advance of the sign in order to provide the motorist with a visual cue that something lies ahead at the end of the row. Each tree would have an up-light to enhance its verticality and, when combined, all the lights would emphasize the linear progression toward the sign. Ground cover in front of the trees as well as Cherry and Red Bud trees behind the sign would further direct the eye toward the sign through the use of vibrant color. All the landscaping and lighting would work in concert to make the sign the focal point of a unified gateway feature. Pond also prepared a preliminary cost estimate (attached) for this project. The cost estimate identifies the items eligible for the $50,000 grant funding and those that are outside of the grant’s scope. The cost estimate does not include the anticipated $20,000 generously offered by UPCCA toward lighting. In summary, the cost for the entire project is estimated to be $149,567. When the Gateway Grant and UPCCA’s contribution are subtracted from the total, the remaining $79,567 would be the City’s contribution to the Gateway project. Next Steps: Option 1: Authorize Staff to proceed with this plan; or Option 2: Identify an alternate project cost or plan objective so that modifications to the plan can be made. (f) ~ r m II w q PEACHTREE CORNERS GATE WAY CONCEPT REVISED AUGUST 26, 2014 ~-- - 1--· 0 30 SCALE: 1" = 30' 60  GATEway Landscaping at Peachtree Corners Gateway Sign Updated 09/ 10/2014 Quantity Description SIZE Units Unit Price Cost 5 Cercis x 'Merlot', Redbud ' Merlot' 3-3.5"Cal. EA $435.00 $2,175.00 32 Chionanthus virginicus *, Prodigy Fringetree Cultivar 2.5"-3"Cal. EA $500.00 $16,000.00 5 Prunus 'Okame', Okame Cherry 3-3.5"Cal. EA $375.00 $1,875.00 2 Magnolia grandiflora 'Little Gem', Little Gem Magnolia 12-14'HT EA $800.00 $1,600.00 17 Taxodium distichum, Bald Cypress 5-5.5" caliper EA $1,000.00 $17,000.00 260 Pennisetum alopecuroides ' Hameln', Dwarf Fountain Grass 1 gallon EA $25.00 $6,500.00 758 Hypericum calycinum, Aaron's Beard 1 gallon EA $15.00 $11,370.00 1340 Vebena ' Homestead Purple', Homestead Verbena 1 gallon EA $15.00 $20,100.00 4110 Pine Straw Mulch, 3" deep, hand spread LS S.F. $0.15 $616.50 1 Turf removal LS Lump Sum $1,233.00 $1,233.00 1 Soil Amendments and Ground Preparation LS Lump Sum $3,180.00 $3,180.00 1 Lighting & Electrical LS Lump Sum $42,990.00 $42,990.00 PROJECT SUBTOTAL $124,639.50 20% CONTINGENCY $24,927.90 TOTAL PROJECT $149,567.40 1340 Vebena ' Homestead Purple', Homestead Verbena 1 gallon EA $15.00 $20,100.00 1 Lighting & Electrical LS Lump Sum $ 42,990.00 $42,990.00 TOTAL ITEMS NOT ELIGIBLE FOR FUNDING $75,708.00 TOTAL ITEMS ELIGIBLE FOR GDOT FUNDING $73,859.40 GDOT FUNDING AVAILABLE $50,000.00 AMOUNT TO BE FUNDED BY CITY (INELEGIBLE ITEMS AND AMOUNT EXCEEDING GDOT FUNDING) $99,567.40 Options Quantity Description SIZE Units Unit Price Cost 1 Turf removal* LS Lump Sum $6,230.00 $6,230.00 20770 Sod Installation* SF $0.50 $10,385.00 SUBTOTAL ADDITIONAL SOD $16,615.00 20% CONTINGENCY $3,323.00 * This is for the general areas around the planting beds, trees and sign TOTAL ADDITIONAL SOD $36,553.00 All proposed plant selections will comply with GDOT Landscape requirements and focus on native and non-invasive selections, drought tolerant, hardy and low maintenance attributes. GDOT Funded costs exclude design maintenance. The City will fund any non-funded items proposed on the project. Gateway Entry Design  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: September 16, 2014 SUBJECT: Life Cycle Housing and Economic Development____________________ Peachtree Corners was founded on the concept of locating housing close to jobs, an innovative idea for a time when most housing and jobs were intentionally separated by miles of highways. The ‘live near work’ model has served the City well over the years and has resulted in the development of quality single-family homes within easy access of Technology Park and other business developments. Over the years, the ‘live near work’ model has stayed strong and has even become the preferred alternative in most metro communities. However, the ‘live’ and ‘work’ components, themselves, have undergone a dramatic change. Through advancements in technology, workers have become more mobile and many no longer need or want to be tied to a specific location. In addition, the recent collapse and slow resurgence of the housing market has made many, especially younger, people hesitant to spend their limited funds on housing, a potentially unreliable investment. These factors create an economic development challenge because businesses often base their locational decisions on the availability of workforce. And the workforce often makes its locational decision based on the availability of housing. Housing near the city’s center and Technology Park, for example, has to meet the needs and expectation of the employees that high-tech businesses require and must attract to this area in order to make Peachtree Corners a viable location for their companies. The single-family detached home within walking distance of a good school is not the preferred housing choice for today’s younger, tech savvy employee. And their priorities have evolved to take precedence over the priorities of others as businesses work hard to recruit the skilled work force they need. However, it’s also important to note that business recruitment is not the only important aspect of economic development that should concern the City. Peachtree Corners is currently home to have many quality companies that have been here for years. These businesses must routinely evaluate their products and services and must be prepared to adapt to the marketplace in order to remain viable. Most of these businesses are not property owners, but are tenants with leases that cycle in regular intervals. This means that if Peachtree Corners does not meet their needs and those of their employees, it risks losing existing businesses in addition to not being able to compete for new ones. Over the past fifteen years, the housing and jobs dynamic has experienced a significant transformation; yet, the City of Peachtree Corners housing options have remained relatively unchanged. 88% percent of the City’s housing stock was built prior to the year 2000. The average age for a home in Peachtree Corners is 27 years. The City’s Comprehensive Plan (p. 82) anticipates a need for 3667 additional housing units over the next twenty years, a 22% increase over the City’s current 16,715 housing units. 47% of all the City’s housing consists of single-family detached homes. In a suburban environment, these types of units are generally favored by people up to 18 years of age and in the 30 -55 year old age bracket primarily consisting of families with children. However there are at least three additional age demographics that need to be accommodated in order for Peachtree Corners to have full life cycle housing options. The first one of these has the greatest impact on jobs and, therefore, requires the most immediate attention. The Millenials represent the 19 – 30 year olds who do not live in their parents’ home and don’t want to purchase their own. They want to maintain their mobility and job flexibility. They don’t need to be near good schools, but they want to be close to work, shopping and entertainment. They prefer to rent or lease within mixed use areas that offer lots of amenities. Seniors represent the 55-80 year old demographic who no longer need a larger family home and all of its associated maintenance. Empty-nesters often want to ‘downsize’ in order to reduce their expenses and streamline their living conditions. Some older Seniors are widows whose adult children live too far away to assist with home maintenance. They often prefer to rent housing in order to shift the home maintenance burden to a landlord. Like the Millenials, Seniors don’t need to live close to good schools. However, unlike Millenials, many Seniors are retired and also don’t need to be too close to jobs. Mature Adults represent the over 80 year old demographic. This age group often does best in a congregate living environment where many daily services such as cooking and laundry are provided. Assisted Living facilities and Progressive Care Communities offer many Mature Adults the opportunity to continue to live in familiar surroundings near family, friends, and their houses of worship. Congregate housing facilities don’t need to be near schools or jobs and since their residents are vehicle dependent, congregate housing can be located throughout the city. Staff has prepared a map, (attached), that identifies areas appropriate for Millenial and Senior housing. The base map used for this document is the elementary school zone map. Although the housing areas shown on the map both fall within the Peachtree Elementary zone, it should be noted that neither the Millenials or Seniors make any significant contributions to elementary schools. Next Steps: If there is interest in accommodating Millenial and Senior housing, Staff can prepare additional documents for consideration such as draft regulations for age-restricted housing and draft regulations for Millenial Housing.  I D D OD D D D 'lj '1 !if l J l!1 1!1 I I I111f 111i 1111f 1!lH J1,, 11 ., ·I 1I ·I 111t f flit ·I• I I