City Council

www.peachtreecornersga.gov COUNCIL MEETING AGENDA Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member February 20, 2018 COUNCIL AGENDA 7:00 PM PEACHTREE CORNERS CITY HALL – Council Chambers 310 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 – January 2, 2018 Work Session; January 16, 2018 Council Meeting; February 5, 2018 Work Session F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) PRESENTATIONS AND REPORTS 1. Proclamation Black History Month I) CONSENT AGENDA 1. Action Item Consideration of a contract for survey, engineering and construction administration for a 2017 SPLOST intersection improvement project. 2. APH 2018-02-062 Consideration of Approval of Alcoholic Beverage License Application for Rysha Medlock, Inc. dba Texaco Food Mart, 3425 Medlock Bridge Rd, Ste 400-A. 3. APH 2018-02-063 Approval of Alcoholic Beverage License Application for Eat Here Now, LLC dba BurgerFI, 6141 Peachtree Pkwy, Ste 200. J) PUBLIC HEARING 1. PH2017-015 Consideration of a request by Firebirds at Town Center to approve building elevations for an expansion of a proposed restaurant located at 5215 Town Center Boulevard, Suite 650, Dist. 6, Land Lot 301, Peachtree Corners, GA. K) ITEMS FOR CONSIDERATION 1. O2018-02-115 First Read and Consideration of RZ2018-001 & V2018-001, North Atlanta Volleyball Club, request to rezone a 7.3-acre parcel from C-2 to C-3 along with associated variance to accommodate a new recreational facility at the southwest corner of Peachtree Industrial Boulevard and Governors Lake Drive, Dist. 6, Land Lot 276, Peachtree Corners, GA. (Second Read and Public Hearing March 27, 2018) 2. O2018-02-116 First Read and Consideration of SUP2018-001, Tattoo Parlor, request to approve a special use permit to accommodate a tattoo parlor at 3380 Holcomb Bridge Road, Suite 7, Dist. 6, Land Lot 283, Peachtree Corners, GA. (Second Read and Public Hearing March 27, 2018) 3. O2018-02-117 First Read and Consideration of amending the Code of the City of Peachtree Corners Chapter 42, Nuisances, in order to add Art. V, Sec. 42-91, Pet Solid Waste Regulations. (Second Read and Public Hearing March 27, 2018) L) CITY MANAGER UPDATES M) EXECUTIVE SESSION N) ADJOURNMENT 2018-02-20 COUNCIL MEETING AGENDA PAGE 2 OF 2 Meeting Minutes  www.peachtreecornersga.gov Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member January 2, 2018 WORK SESSION MINUTES 7:05 PM PEACHTREE CORNERS CITY HALL – Conference Room 310 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 The Mayor and Council of the City of Peachtree Corners held a Work Session at City Hall, 310, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member Eric Christ – 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 Manager Brian Johnson City Clerk Kym Chereck City Attorney Bill Riley City Attorney Joe Leonard Finance Director Brandon Branham Public Works Director Greg Ramsey Communications Director Judy Putnam Planning & Dev. Mgr. David Chastant 1. O2018-01-01 First Read and Consideration of an Ordinance of the City of Peachtree Corners setting the salary of the Mayor and Council Members. – After brief discussion Brian Johnson, City Manager, read the first reading of O2018-01-01. 2. O2018-01-02 First Read and Consideration of an Ordinance of the City of Peachtree Corners setting the municipal property tax levy. – After brief discussion Brian Johnson, City Manager, read the first reading of O2018-01-02. 3. O2018-01-03 First Read and Consideration of an Ordinance of the City of Peachtree Corners establishing Public-Private and Public-Public Partnerships as the preferred service delivery model. – After brief discussion Brian Johnson, City Manager, read the first reading of O2018-01-03. 2018-01-02 WORK SESSION AGENDA PAGE 1 OF 2  4. City Manager Updates – Brian Johnson informed the Mayor and Council that he will host a Q & A Session on Wednesday, January 10, 2018 at 7:00 PM at City Hall. 5. Executive Session – There was no Executive Session. 6. Adjournment – 8:23 PM Approved, Attest: ___________________________________ ____________________________________ Mike Mason, Mayor Kym Chereck, City Clerk (Seal) 2018-01-02 WORK SESSION AGENDA PAGE 2 OF 2  CITY OF PEACHTREE CORNERS COUNCIL MEETING MINUTES JANUARY 16, 2018 @ 7:00PM The Mayor and Council of the City of Peachtree Corners held a Council Meeting at City Hall, 310 Technology Parkway, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member Eric Christ – 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 Brian Johnson City Clerk Kym Chereck City Attorney Bill Riley City Attorney Joe Leonard Community Dev. Dir. Diana Wheeler Finance Director Brandon Branham Public Works Director Greg Ramsey Plan. & Zoning Admin. Jeff Conkle PLEDGE OF ALLEGIANCE: Girl Scout Troup 2676 led the Pledge of Allegiance. CONSIDERATION OF MINUTES: MOTION TO APPROVE THE MINUTES FROM THE DECEMBER 19, 2017 COUNCIL MEETING. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (7-0) (Christopher, Gratwick, Mason, Sadd, Wright, Christ, Aulbach) 2018-01-16 Council Meeting Minutes Page 1 of 5  MOTION TO APPROVE THE MINUTES FROM THE JANUARY 2, 2017 COUNCIL MEETING. By: Council Member Sadd Seconded by: Council Member Gratwick Vote: (6-0-1) (Sadd, Gratwick, Mason, Wright, Aulbach, Christopher) (Christ abstained) CONSIDERATION OF MEETING AGENDA: There were no changes to the agenda. PUBLIC COMMENT: There were two public comments; one in favor of O2017- 11-106 and one in opposition of O2017-11-106. PRESENTATIONS AND REPORTS: Swearing in of Council Member Christ Council Member Eric Christ was sworn in for a four-year term. Presentation on Highway 141 Grade Separated Crossing Brian Johnson and Diana Wheeler presented a depiction of a grade separated crossing (bridge) to possibly be located between the Town Center and the Forum on Highway 141. Various surveys and studies were performed which resulted in the need for a safe crossing on 141 at that location. It was estimated that the proposed bridge would cost just under $4 million. The Council informed Brian Johnson to do a further study of the bridge, including designs and cost. CONSENT AGENDA: APH 2018-01-061 Approval of Alcoholic Beverage License Application for The Tazbar & Grill, 6470 Spalding Dr., Ste. A. Applicant Dr. Anthony S. Lewis is applying for Consumption of Premise Beer, Wine, Distilled Spirits, and Sunday Sales License. MOTION TO APPROVE APH 2018-01-061. By: Council Member Gratwick Seconded by: Council Member Christopher Vote: (7-0) (Gratwick, Christopher, Mason, Sadd, Wright, Christ, Aulbach) 2018-01-16 Council Meeting Minutes Page 2 of 5  PUBLIC HEARING: O2017-11-106 Second Read and Consideration of RZ2017-004 & CIC2017-004, Roberts Properties, request to rezone two parcels consisting of 4.4 acres from C-2 to MUD along with associated change-in-conditions to accommodate a new mixed-use development at 4936 Peachtree Corners Circle and 5246 Peachtree Parkway, Dist. 6, Land Lot 301, Peachtree Corners, GA. (Tabled from 12-19-17) MOTION TO REMOVE O2017-11-106 FROM THE TABLE. By: Council Member Sadd Seconded by: Council Member Gratwick Vote: (7-0) (Sadd, Gratwick, Mason, Wright, Christ, Aulbach, Christopher) MOTION TO APPROVE O2017-11-106 WITH STAFF’S 96 CONDITIONS. By: Council Member Gratwick Seconded by: Council Member Christ FRIENDLY AMENDMENT TO CHANGE CONDITION NUMBER 94 FROM 60 MONTHS TO 48 MONTHS. By: Council Member Sadd Accepted by: Council Member Gratwick Vote on Motion with Friendly Amendment: (4-3) (Approved by: Gratwick, Christ, Mason, Christopher) (Opposed by: Sadd, Wright, Aulbach) O2017-12-108 Second Read and Consideration of PH2017-014, Structures Excluded from Height Limitations, in order to consider an amendment to Zoning Code Sec. 701 to allow for additional architectural features of religious buildings to be exempted from standard height limitations. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE O2017-12-108. By: Council Member Christopher Seconded by: Council Member Aulbach Vote: (7-0) (Christopher, Aulbach, Mason, Sadd, Christ, Wright, Gratwick) 2018-01-16 Council Meeting Minutes Page 3 of 5  O2018-01-111 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia, setting the salary of the Mayor and Council Members. Mayor Mason opened the floor for public comment. There was one public comment in opposition. MOTION TO APPROVE O2018-01-111. By: Council Member Gratwick Seconded by: Council Member Sadd Vote: (7-0) (Gratwick, Sadd, Mason, Christ, Wright, Aulbach, Christopher) O2018-01-112 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia, establishing a millage rate cap of 1 mil. Mayor Mason opened the floor for public comment. There were two public comments in opposition, and one public comment in favor. MOTION TO APPROVE O2018-01-112. By: Council Member Wright Seconded by: Council Member Aulbach Vote: (7-0) (Wright, Aulbach, Mason, Sadd, Christ, Christopher, Gratwick) O2018-01-113 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia, establishing Public-Private and Public-Public Partnerships as the preferred service delivery model. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE O2018-01-113. By: Council Member Christopher Seconded by: Council Member Christ Vote: (7-0) (Christopher, Christ, Mason, Sadd, Wright, Aulbach, Gratwick) O2018-01-114 First Read and Consideration of SUP2017-001, Montessori Day Care, request to approve a special use permit to allow a new Montessori day care 2018-01-16 Council Meeting Minutes Page 4 of 5  at 5688 Peachtree Parkway, Dist. 6, Land Lot 285, Peachtree Corners, GA. (Second Read and Public Hearing February 20, 2018) R2018-01-97 Resolution of the mayor and council of the City of Peachtree corners approving and authorizing the execution, delivery and performance of a contract with the Downtown Development Authority of the City of Peachtree Corners. MOTION TO APPROVE R2018-01-97. By: Council Member Christopher Seconded by: Council Member Christ Vote: (7-0) (Christopher, Christ, Mason, Sadd, Wright, Aulbach, Gratwick) CITY MANAGER UPDATES: There were no City Manager updates. EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: 8:18 PM MOTION TO ADJOURN. By: Council Member Sadd Seconded by: Council Member Christ Vote: (7-0) (Sadd, Christ, Mason, Wright, Aulbach, Christopher, Gratwick) Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2018-01-16 Council Meeting Minutes Page 5 of 5  www.peachtreecornersga.gov Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member February 5, 2018 WORK SESSION MINUTES 7:05 PM PEACHTREE CORNERS CITY HALL – Boardwalk 310 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 The Mayor and Council of the City of Peachtree Corners held a Work Session at City Hall, 310, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 - Absent Council Member Eric Christ – Post 2 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 Manager Brian Johnson City Clerk Kym Chereck City Attorney Joe Leonard Finance Director Brandon Branham Public Works Director Greg Ramsey Communications Director Judy Putnam Planning & Dev. Mgr. David Chastant 1. Consideration of a consultant contract for 2017 SPLOST intersection improvements – Greg Ramsey, Public Works Director, presented a proposal for a contract for survey, engineering and construction administration for a 2017 SPLOST project for intersection improvement located Medlock Bridge Road and Bush Road. 2. Presentation on City Smart Phone App – Brandon Branham, Administrative Services Director, gave a brief presentation on the soon to be released City App named Corners Connect. After discussion it was determined that the app would be released toward the end of February. 3. City Manager Updates – Brian Johnson, City Manager, discussed warning sirens to possibly be located within the city limits; and, a proposed pet waste Ordinance. 2018-02-05 WORK SESSION AGENDA PAGE 1 OF 2  4. Executive Session - There was no Executive Session. 5. Adjournment – 9:05 PM Approved, Attest: ___________________________________ ____________________________________ Mike Mason, Mayor Kym Chereck, City Clerk (Seal) 2018-02-05 WORK SESSION AGENDA PAGE 2 OF 2 Consent Agenda Action Item (2017 SPLOST Project)  TERMS AND CONDITIONS OF SERVICE EFFECTIVE DATE: This Agreement, by and between Keck & Wood, Inc., hereinafter referred to as 9. ACCESS: The Client shall be responsible for providing all rights of access upon public or the Consultant, and the Client identified on the attached proposal, is binding and effective upon private property as required by the Consultant to perform authorized services. acceptance by a currently authorized corporate officer of the Consultant. 10. BASIS OF PAYMENT: The Client agrees to compensate the consultant as provided on SCOPE OF SERVICES: Whereas the Consultant has proposed to perform, and the Client desires to the attached proposal. In the event a preliminary estimate of compensation is made, the Consultant will have the Consultant perform, the scope of services described on the attached proposal endeavor to accomplish services within that estimate, but the Consultant does not guarantee such estimate unless a specific written statement to that effect is given. Should the Consultant become aware AGREEMENT: Now, therefore, in consideration of the premises and the covenants and undertakings that charges will or have exceeded any preliminary estimate, he will promptly notify the Client who may hereinafter set forth, and for other good and valuable considerations, the receipt and sufficiency of elect to reduce the scope of services or authorize a continuation of services at increased cost. which are hereby acknowledged, the parties agree as follows: 11. PAYMENT AND CREDIT: Progress or partial payments shall be made by the Client in 1. PERFORMANCE: Unless more specifically established on the face side(s) hereof or proportion to services rendered by the Consultant unless specific extension of credit to the Client is attachments hereto, the Consultant a) agrees to perform his services in conformity with generally provided on the attached proposal. Statements will be issued from time to time by the Consultant, but accepted professional practices for the intended project or purpose, and makes no warranty either no more often than at 4-week intervals, and shall be fully payable within 30 days thereafter. Balances expressed or implied; b) agrees to correct any defective survey or engineering service performed by which are unpaid for more than 30 days are subject to a finance or service charge plus collection the Consultant when brought to its attention in writing; and c) will endeavor to complete its services expenses. Unless stated differently on the face(s) hereof service charges shall be 1.5 percent per month, on a time schedule consistent with needs of the Client. which amounts to 18 percent per year. If in the exclusive judgment of Consultant, the financial condition of the Client at any time does not appear to justify the commencement or continuance of services on the 2. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, plats, terms specified herein, Consultant may, in addition to all other remedies it may have at law or in equity, estimates, field notes, specifications and other data are and shall remain the property of the Consultant. make written demand for full or partial payment in advance, suspend its performance until such payment Copies of finished documents furnished to the Client are instruments of service for the specific project is made and cancel this Agreement if such payment is not received by the Consultant within 30 days or initial purpose indicated, and are not intended to be reused for extensions of the project or for after delivery in person or mailing of said demand by Consultant. additional purposes without written authorization by the Consultant. Reuse of any of the instruments of service of the Consultant by the Client on any extension of the project or for additional purposes 12. AUDIT: ACCESS TO RECORDS: For Agreements employing cost as a basis of shall be at the Client's risk and the Client agrees to defend, indemnify and hold harmless the Consultant compensation, the Consultant shall maintain books, records, documents and other evidence directly from all claims, damages and expenses including attorney's fees arising out of any unauthorized reuse pertinent to the Agreement in accordance with appropriate accounting standards. From time to time, but of the Consultant's instruments of service by the Client or by others acting through the Client. not more often than once each calendar year, the Client may have his accounting representative verify costs by examination of pertinent documents at the home office of the Consultant. During such audit, 3. ESTIMATES OF CONSTRUCTION COST: Since the Consultant has no control over the Consultant shall provide suitable facilities for the Client's representative, and that representative shall construction costs or of the methods by which construction contractors determine prices, or over market organize and conduct his audit in a manner which minimizes special effort by the Consultant. conditions, any opinion of the Consultant regarding construction cost are to be made on the basis of his best judgment, but Consultant cannot and does not guarantee that actual construction costs will not 13. DELEGATION OF DUTIES: Neither the Client nor the Consultant shall delegate his duties vary from estimates provided by the Consultant. hereunder without the written consent of the other. 4. FORCE MAJEURE: Consultant shall not be liable for failures to perform any obligation 14. TERMINATION: Should this Agreement be terminated prematurely by written mutual under this Agreement where such failure arises from causes beyond Consultant's exclusive control, agreement or as provided elsewhere herein, the Consultant shall be paid for services performed to the including (but not limited to) such causes as war; civil commotion; force majeure; acts of a public termination date plus 15 percent of the total compensation earned to the time of termination to account enemy; sabotage; vandalism; accident; statute; ordinances; embargoes; government regulations; for Consultant's rescheduling adjustments and related costs. priorities or allocations; interruption or delay in transportation; inadequacy, shortage or failure of supply of materials, equipment, fuel or electrical power; labor controversies (whether at Consultant's 15. WARRANTY: CONSULTANT SERVICES WILL BE PERFORMED, ITS FINDINGS office or elsewhere); shut-downs for repairs; natural phenomena; whether such cause exists on the OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, effective day hereof, or arises thereafter, or from compliance with any order or request of the United CLIENT’S ACCEPTANCE THEREOF, THESE TERMS AND CONDITIONS, AND WITH States Government or any officer, department, agency, instrumentality or committee thereof. GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, CONSULTANT WILL USE THAT DEGREE OF CARE AND 5. CONSTRUCTION RELATED SERVICES: The Consultant has not been retained or SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF compensated to provide design and construction review services relating to any construction ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. STATEMENTS MADE IN a contractor to perform his work which are not directly a part of the completed project; omitted services CONSULTANT REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGEMENT AND include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations, ARE NOT TO BE CONSTRUED AS REPRESENATIONS OF FACT. and any erection methods and temporary bracing. 16. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed 6. CONSULTANT'S INSURANCE: The Consultant shall acquire and maintain statutory or interpreted as requiring Consultant to assume the status of an owner, operator, generator, storer, workmen's compensation insurance coverage, employer's liability, comprehensive general liability transporter, treater or disposal facility as those terms appear within RCRA, CERCLA, or within any insurance coverage of not less than $2,000,000 limit, and professional liability insurance coverage of Federal or State statute or regulation governing the generation, transportation, treatment, storage and not less than $2,000,000 limit. disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA, CERCLA, and any other Federal or State statute or regulation governing the handling, treatment, storage 7. CONTRACTOR'S INSURANCE: Should the scope of services by the Consultant include and disposal of pollutants. If Consultant encounters or learns of an undisclosed Pollutant at the Site, then planning, design or observation of construction work, the Client shall require the contractor(s) and any Consultant shall notify (1) Client and (2) appropriate governmental officials if Consultant reasonably subcontractor(s), prior to commencement of such work, to submit evidence that he (they) have obtained concludes that doing so is required by applicable Laws or Regulations. It is acknowledged by both parties for the period of the construction contract, and the guarantee period, comprehensive general liability that Consultant’s scope of services does not include any services related to unknown or undisclosed insurance coverage including completed operations coverage. This coverage shall provide for bodily Pollutants. If Consultant or any other party encounters, uncovers, or reveals an undisclosed Pollutant, injury and property damage arising directly or indirectly out of, or in connection with, the performance then Client shall promptly determine whether to retain a qualified expert to evaluate such condition or of construction work, and have a limit of not less than $500,000 for all damages arising out of bodily take any necessary corrective action. injury, sickness or death of one person and an aggregate of $l,000,000 for damages arising out of bodily injury, sickness and death of two or more persons. The property damage portion shall provide for a 17. RECORDS RETENTION: Consultant shall maintain on file in legible form, for a period of limit of not less than $300,000 for all damages arising out of injury to or destruction of property of five years following completion or termination of its services, all Documents, records (including cost others arising directly or indirectly out of or in connection with the performance of construction work records), and design calculations related to Consultant’s services or pertinent to Consultant’s in any one occurrence including explosion, collapse and underground exposures. Included in such performance under this Agreement. Upon Client’s request, Consultant shall provide a copy of any such coverage shall be contractual coverage sufficiently broad to insure the provision of the subsequent item to Client at cost. paragraph entitled "Contractor's Indemnity". The comprehensive general liability insurance shall include as additional named insureds: the Client; the Consultant; and each of their officers, agents and 18. MISCELLANEOUS: This Agreement is to be construed in accordance with and enforced employees. under the laws of the principal place of business of the Consultant. This Agreement constitutes the entire agreement between the parties hereto, and all prior negotiations, representations and inducements of 8. CONTRACTOR'S INDEMNITY: Should the scope of services by the Consultant include every kind are superceded hereby. No waiver, alteration or modification of this Agreement shall be planning, design or observation of construction work, the Client shall require that all contractors and effective unless in writing and signed by an authorized corporate officer of the Consultant. In the event subcontractors performing work in connection with services rendered by the Consultant, indemnify any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions and hold harmless, the Client and the Consultant, and each of their officers, agents, and employees shall be valid and binding on the parties. One or more waivers by either party of any provision, term, from and against all claims, damages, losses and expenses including attorney's fees arising out of or condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the resulting from construction operations, provided that any such claims, damage, loss or expense is same by the other party. attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part, directly or indirectly, by any negligent or willful act or omission of the contractor(s), any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them are liable. The indemnification required shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor(s) or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.  City of Peachtree Corners - Medlock Bridge Road @ Bush Road Intersection Improvements Project Manhour Estimate SE1 ST4 ST3 ST2 ST1 OFM Reimbursable Sub-Consultant Total Phase Hourly Rate $175 $160 $140 $125 $110 $85 Surveying Phase 2000 Survey Coordination/Project Management 4 1 4 $20 $1,240 2001 Field Survey & Database 1 4 8 $20 $19,525 $21,145 Sub Total 0 5 5 0 12 0 $40 $19,525 $22,385 Preliminary Engineering 3000 GCDOT Coordination/Project Management 2 12 $40 $2,310 3001 City Coordination/Project Management 8 8 $40 $2,720 3002 Sub Coordination/Project Management 4 $640 3003 Utility Coordination 20 8 $40 $4,120 3004 Preliminary Plans - Cover Sheet (section 01) 2 $220 3005 Preliminary Plans - Index (section 02) 2 $220 3006 Preliminary Plans - General Notes (section 04) 2 $220 3007 Preliminary Plans - Typical Sections (section 05) 8 $880 3008 Preliminary Plans - Mainline Roadway Plan (section 13) 8 8 40 $6,800 3009 Preliminary Plans - Mainline Roadway Profile (section 15) 2 $220 3010 Preliminary Plans - Side Road Profiles (section 16) 2 $220 3011 Preliminary Plans - Driveway Profiles (section 17) 4 $440 3012 Preliminary Plans - Drainage Plan & Profiles (section 22) 8 8 $2,000 3013 Preliminary Plans - Cross Sections (section 23) 4 8 25 $4,510 3014 Preliminary Plans - Existing Utility Plans (section 24) 4 $440 3015 Preliminary Plans - Signing and Marking Plans (section 26) 4 8 $1,440 3016 Preliminary Plans - Wolverton - Signal Plans (section 27 & 28) 1 2 $3,850 $4,230 3017 Preliminary Plans - Quality Control Markups 2 4 8 40 $6,510 3019 Submit Preliminary Plans to City/GCDOT for review 3 2 $300 $950 3020 Prepare an updated construction cost estimate for the Client. 1 4 8 $1,600 Sub Total 12 65 40 0 165 2 $420 $3,850 $40,690 Right of Way Phase (8 parcels) 4000 ROW Coordination/Project Management 8 $1,280 4001 Preliminary Title Certificates (8 parcels) $3,520 $3,520 4002 Detailed ROW Cost Estimate $1,650 $1,650 4003 Owner Interest Acquisitions/Negotiations (8 parcels) $13,200 $13,200 4004 Closing/Final Titles (8 parcels) $5,720 $5,720 4005 Recordings (8 parcels) $440 $440 Sub Total 0 8 0 0 0 0 $0 $24,530 $25,810 Final Design and Permitting 5000 GCDOT Coordination/Project Management 2 8 $40 $1,670 5001 City Coordination/Project Management 4 8 $40 $2,020 5002 Sub Coordination/Project Management 4 $640 5003 Corrections to Preliminary Plans per City, GCDOT review comments 4 16 $2,320 5004 Provide ROW plans suitable for recording 2 2 2 16 $2,710 5005 Revise the ROW plans per property owner demands 2 2 8 $1,480 5006 90% Plans - Cover Sheet (section 01) 0.5 $55 5007 90% Plans - Index (section 02) 0.5 $55 5008 90% Plans - General Notes (section 04) 0.5 $55 5009 90% Plans - Typical Sections (section 05) 1 $110 5010 90% Plans - Summary of Quantities (section 06) 1 2 6 $1,100 5011 90% Plans - Construction Layout Sheet/Staking Sheet (section 11) 2 4 $720 5012 90% Plans - Mainline Roadway Plan (section 13) 4 4 8 $2,080 5013 90% Plans - Mainline Roadway Profile (section 15) 0.5 $55 5014 90% Plans - Side Road Profiles (section 16) 0.5 $55 5015 90% Plans - Driveway Profiles (section 17) 2 $220 5016 90% Plans - Special Grading Sheets (section 18) 4 4 $1,000 5017 90% Plans - Drainage Plan & Profiles (section 22) 2 4 $720 5018 90% Plans - Cross Sections (section 23) 2 2 6 $1,260 5019 90% Plans - Existing Utility Plans (section 24) 0.5 $55 5020 90% Plans - Signing and Marking Plans (section 26) 2 2 $500 5021 90% Plans - Wolverton - Signal Plans (section 27 and 28) 2 2 $3,850 $4,390 5022 90% Plans - Retaining Wall Plans (section 32) 4 6 $1,220 5023 90% Plans - Special Construction Details (section 38) 2 2 $500 5024 90% Plans - GDOT Construction Details (section 40) 2 $220 5025 90% Plans - GDOT Georgia Standards (section 41) 2 $220 5026 90% Plans - Erosion Control Plans (sections 50 – 56) 2 4 32 $4,400 5027 90% Plans - Quality Control Markups 2 2 4 16 $2,990 5028 90% Plans - Provide details for minor utility adjustments 2 $220 5029 90% Plans - Compile 90% Plan sheets 2 4 4 $1,320 5030 Provide 90% plans to City, GCDOT for review 2 $130 $450 5031 Corrections to 90% Plans per City, GCDOT review comments 4 4 8 $2,080 5032 Prepare second submittal plans to utility owners. 2 $20 $240 5033 Obtain letters of no conflict or utility adjustment from the utility owners 10 5 $20 $2,170 5034 Send Final Plans plans to GCDOT for approval 2 $130 $450 5035 Revise the Final plans per GCDOT review comments 4 4 8 $2,080 5036 Prepare the bid manual 1 8 8 2 $90 $2,885 5037 Prepare updated construction cost estimate for City, GCDOT 1 2 8 $1,320 Sub Total 11 70 62 0 181 0 $470 $3,850 $46,035 Bidding Phase 6000 Provide the City with a bid advertisement for placement in the City’s legal organ 1 $160 6001 Post the advertisement and plan holders to the Engineer’s website 1 $85 6002 Provide prospective bidders with purchased bid documents 1 $85 6003 Respond to questions from bidders 8 2 8 1 $2,525 6004 Prepare addenda 8 2 8 1 $2,525 6005 Attend the bid opening and review bids for award 2 4 $20 $1,010 6006 Review the qualifications of the low bidder(s) 2 $220 6007 Provide the City with a bid recommendation letter for the lowest qualified bidder 2 1 $20 $425 6008 Provide the City with a Notice of Award to be issued to the selected bidder 2 1 $405 Sub Total 2 25 4 0 18 6 $40 $0 $7,440 Construction Administration Phase (TO BE BILLED HOURLY) 7000 Schedule and Conduct Pre-construction conference $0 7001 Provide the City with a Notice to Proceed to be issued to the Contractor $0 7002 Periodic construction review $0 7003 Attend project review meetings $0 7004 Review and process contractor pay applications $0 7005 Prepare change orders $0 7006 Final inspection and punchlist $0 7007 Review and process project close-out documents $0 Sub Total 0 0 0 0 0 0 $0 $0 $0 Total 25 173 111 0 376 8 $970 $51,755 $142,360 Printed on 11/21/2017 Prepared by Keck & Wood, Inc. MEMO TO: Mayor & Council CC: Brian Johnson, City Manager FROM: Greg Ramsey, P.E., Public Works Director DATE: February 5, 2018 SUBJECT: PTC 18.02 Consultant Contract Recommendation The City of Peachtree Corners entered into an Intergovernmental Agreement (IGA) in 2017 with Gwinnett County for a joint SPLOST funded project for intersection improvements to Bush Road at Medlock Bridge Road. Gwinnett County will contribute $2,025,000 toward this project, and the balance will be paid for by the City using 2017 SPLOST funds. A copy of that IGA is attached for your review. The total estimate for the construction improvements is still to be determined after initial engineering and design concepts have been completed. Keck and Wood, Inc. has completed several capital improvement projects for the City over the last couple of years, and each time they have delivered exceptional service. They have also completed an initial traffic engineering analysis and report, including conceptual design development for this intersection, in late 2017. In order to move to the next phase, including cost estimates for that construction, staff requests authorization for the Mayor to enter into an agreement with Keck & Wood, Inc. for survey, design, engineering and construction administration. The cost proposal from Keck & Wood, Inc. is attached for your review, including their fee of $142,360 plus any hourly costs associated with the construction administration phase of the project. Page 1 of 1 Consent Agenda APH 2018-02-062 & APH 2018-02-063 To: Mayor and City Council Cc: Brian Johnson, City Manager From: Brandon Branham, Administrative Services Director Date: February 20th, 2018, City Council Meeting Agenda Item: APH 2018-02-062 Approval of Alcoholic Beverage License Application for Rysha Medlock, Inc. dba Texaco Food Mart, 3425 Medlock Bridge Rd, Ste 400-A. Applicant Harshad L. Jeram is applying for a Packaged Beer, Wine, and Sunday Sales License. Staff Recommendation: Approve the application for Packaged Beer, Wine, and Sunday Sales License for Rysha Medlock, Inc. dba Texaco Food Mart at 3425 Medlock Bridge Rd, Ste 400-A. Background: Applicant submitted a completed application on February 5th, 2018. Required advertising for the application was published in the Gwinnett Daily Post on February 9 th, and February 16th. Applicant has passed the background investigation and meets all requirements. Discussion: New Business Staff has reviewed this application and recommends approval. Alternatives: None To: Mayor and City Council Cc: Brian Johnson, City Manager From: Brandon Branham, Administrative Services Director Date: February 20th, 2018, City Council Meeting Agenda Item: APH 2018-02-063 Approval of Alcoholic Beverage License Application for Eat Here Now, LLC dba BurgerFI, 6141 Peachtree Pkwy, Ste 200. Applicant Elliot Shoener is applying for a Consumption on Premise Beer, Wine, and Sunday Sales License. Staff Recommendation: Approve the application for Consumption on Premises, Beer, Wine, and Sunday Sales License for Eat Here Now, LLC dba BurgerFI, 6141 Peachtree Pkwy, Ste 200. Background: Applicant submitted a completed application on February 2nd, 2018. Required advertising for the application was published in the Gwinnett Daily Post on February 9 th, and February 16th. Applicant has passed the background investigation and meets all requirements. Discussion: New Business Staff has reviewed this application and recommends approval. Alternatives: None PH2017-015  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING ANALYSIS PLANNING COMMISSION DATE: JANUARY 9, 2018 & FEBRUARY 13, 2018 CITY COUNCIL DATE: FEBRUARY 20, 2018 CASE NAME: FIREBIRDS ELEVATIONS CASE NUMBER: PH2017-015 CURRENT ZONING: MUD (MIXED USE DEVELOPMENT) LOCATION: 5200 BLOCK OF PEACHTREE PARKWAY MAP NUMBERS: 6th DISTRICT, LAND LOT 301 ACREAGE: 5.1 ACRES PROPOSED DEVELOPMENT: FIREBIRDS RESTAURANT AT TOWN CENTER APPLICANT: ALVIN HOOD, FIREBIRDS 13850 BALLANTYNE CORP PL #450 CHARLOTTE NC 28277 CONTACT: KEVIN FLOYD 404-907-1709 OWNER: FUQUA BCDC PEACHTREE CORNERS 3575 PIEDMONT RD. ATLANTA, GA 30305 PLANNING COMMISSION RECOMMENDATION: NO RECOMMENDATION (vote: 2-2) STAFF RECOMMENDATION: APPROVE PROJECT UPDATE: The Planning Commission first heard this request at their January 2018 meeting. At that time, concerns were raised about several issues and the hearing was continued to the February 2018 meeting. At the February meeting, the applicant addressed the concerns in the following ways: • The operable window systems were revised. Vertical “garage door” style windows in larger openings were provided.  PH2017-015 • The materials around the patio enclosure will match those on the proposed building. For example, the stone base will continue around the patio enclosure. • Downspouts will be directed to underground drainage to avoid infringing on pedestrian space. • The patio was reduced in depth to create a 6’ wide public sidewalk adjacent to the patio. These changes satisfied two of the four Planning Commissioners present at the February meeting. However, the other two members still had concerns that the patio area was too large and impinged too greatly on the public sidewalk. The Planning Commission members discussed alternate locations for a patio that would not disrupt pedestrian flow along the sidewalk; however, no suitable alternate was identified. As a result, the Planning Commission vote was tied 2-2 and therefore the application has been forwarded to the City Council with no recommendation. PROJECT BACKGROUND: The elevations for the Town Center retail and restaurant buildings were approved in 2017 because they were in compliance with Ordinance 2015-06-49 that identifies specific appearance standards for all the buildings in the Town Center. Criteria for building elevations listed in the ordinance address items such as building walls, roof lines, parapets, building materials, and landscaping. In addition to this ordinance, Table ‘B’, the development regulations for the Town Center, (attached) also includes building requirements. The 600 Building, where Firebirds will be located, was part of that approval. However, the applicant wishes to expand the seating area by constructing a covered patio. This change requires approval through a new public hearing process. PLAN REVIEW: The changes proposed by the applicant are in conformance with the overall design standards. The patio addition will be constructed of the same materials in the same colors as the main part of the restaurant. Additionally, large operable windows will wrap the patio, allowing for outdoor dining in temperate weather. STAFF RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that PH2017-015 be approved. 2 Location of Firebird’s proposed patio  Firebirds Peachtree project address | name Corners 5215 Town Center Blvd Suite 650 Peachtree Corners, GA 30092 client branded environments Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com 6 5 15 16 5' - 10" 9' - 9 1/8" TO CURB 17 18 DOWNSPOUT TIED IN TO 14 3 2 UNDERGROUND DRAIN LINE 6' - 0" 1 LOT LINE 12 RA H CHEM E1 E2 8 D D 9' - 9 1/8" FS EXISTING ROAD LOT LINE 5' - 6 1/8" 40' - 10 5/8" SIDEWALK SITE PLAN KEYNOTES G E1 G 1 MAIN DISCONNECT 2 WASTE COOKING OIL TANK. 3 CO2 TANK designers 12' - 0 7/8" 4 EXISTING DUMPSTER UNIT IS ALSO SUPPLIED 5 WOOD STORAGE W/ COVER WITH CUTTER/MIXER HEAD 6 EXISTING SCREENED SERVICE YARD CONSTRUCTION job status 7 LANDLORD TO PROVIDE AND INSTALL ALL PERIMETER CONCRETE CURBS AND PAVEMENT. DOCUMENTS DOWNSPOUT TIED IN TO 8 EXISTING CAPPED WATER LINE. 1/15/2018 UNDERGROUND DRAIN LINE 9 EXISTING SANITARY SEWER STUB. PLANTED AREA No. Description Date 10 ACCESSIBLE PARKING BY LANDLORD 11 CURB CUT / ACCESSIBLE ACCESS BY LANDLORD LOT LINE 12 APPROXIMATE LOCATION FOR UNDERGROUND SANITARY AND GREASE LINES . 13 FIRE DEPARTMENT CONNECTION revisions 14 ASH PAN 15 KEG STORAGE 16 LINEN CART CROSS WALK Steven A. Starr, AIA 17 GAS METERS Lic. # RA013717 Signature Date: 1/15/2018 Date of expiration: 6/30/2019 18 METER CABINET 11 7 LOT LINE PLAN NORTH seal TR UE NO RT H SITE PLAN AS1.01 sheet number | title 4 16FB008 © Starr Design, PLLC 2018 Previously Approved outdoor patio Requested Enclosed patio O2018-02-115  STATE OF GEORGIA ORDINANCE 2018-02-115 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO RZ2018-001/V2018-001, NORTH ATLANTA VOLLEYBALL CLUB, REQUEST TO REZONE A 7.3 ACRE PARCEL FROM C-2 TO C-3 ALONG WITH ASSOCIATED VARIANCE TO ACCOMMODATE A NEW RECREATIONAL FACILITY AT THE SOUTHWEST CORNER OF PEACHTREE INDUSTRIAL BOULEVARD AND GOVERNORS LAKE DRIVE, DIST. 6, LAND LOT 276, PEACHTREE CORNERS, GA. WHEREAS: Notice to the public regarding said public hearing 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 February 20 and March 27, 2018; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia while in Regular Session on March 27, 2018 that Zoning Case RZ2018-001/V2018-001, North Atlanta Volleyball Club, is hereby approved for the above referenced property with the following enumerated conditions: 1. The property shall be rezone to C-3 and developed in general conformity to the submitted site plan dated January 10, 2018. 2. The development shall abide by all requirements of Section 1315 of the zoning ordinance (Activity Center/Corridor Overlay District). 3. Building designs shall incorporate features that are compliant with Peachtree Corners’ Green Building Ordinance wherever practical. 4. Outdoor lighting shall be contained in cutoff-type luminaries, shall be directed inward toward the property so as not to reflect into adjacent properties or to create a hazard for passing automobile traffic, and shall only be as bright as needed for safety on the site. 5. The applicant shall secure sufficient special event, off-site parking to ensure that no parking occurs in authorized locations or in the public right-of-way. The additional special event parking may be secured through the acquisition of additional land or by gaining parking permission from adjacent property owners. 6. If the building has not passed a footing inspection within 36 months of approval (3/27/21), the zoning on the property shall revert to C2. Effective this 27th day of March, 2018. VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA ORDINANCE 2018-02-115 GWINNETT COUNTY CITY OF PEACHTREE CORNERS So Signed and Witnessed Approved : this _______day of __________, 2018 Attest: _______________________ ___________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2018-02-116  STATE OF GEORGIA ORDINANCE 2018-02-116 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO SUP2018-001, VIRTUE & VICE TATTOO PARLOR, REQUEST TO APPROVE A SPECIAL USE PERMIT TO ACCOMMODATE A NEW TATTOO PARLOR AT 3380 HOLCOMB BRIDGE ROAD, SUITE 7, DIST. 6, LAND LOT 283, PEACHTREE CORNERS, GA. WHEREAS: Notice to the public regarding said public hearing 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 February 20 and March 27, 2018; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that Special Use Permit Case SUP2018-001, Virtue & Vice Tattoo Parlor, for the above referenced property is hereby approved with the following enumerated conditions: 1. The special use permit approval shall be limited to Suite 7 as depicted on the submitted shopping center layout plan. 2. The development shall abide by all requirements of Section 1315 of the zoning ordinance (Activity Center/Corridor Overlay District). 3. The applicant shall obtain all other required approvals, including, but not limited to, the Georgia Department of Public Health. 4. Signage shall be limited to one wall sign, one tenant name insert on the shopping center sign, and an ‘open/closed’ sign (along with the posting of hours of operation) on the door. No window signage shall be permitted. Effective this 27th day of March, 2018. So Signed and Witnessed Approved : this _______day of __________, 2018 Attest: _______________________ ___________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA ORDINANCE 2018-02-116 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO DENY SUP2018-001, VIRTUE & VICE TATTOO PARLOR, REQUEST FOR A SPECIAL USE PERMIT TO ACCOMMODATE A NEW TATTOO PARLOR AT 3380 HOLCOMB BRIDGE ROAD, SUITE 7, DIST. 6, LAND LOT 283, PEACHTREE CORNERS, GA. WHEREAS: Notice to the public regarding said public hearing 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 February 20 and March 27, 2018; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that Special Use Permit Case SUP2018-001, Virtue & Vice Tattoo Parlor, for the above referenced property is hereby Denied. Effective this 27th day of March, 2018. So Signed and Witnessed Approved : this _______day of __________, 2018 Attest: _______________________ ___________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2018-02-117  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018 -02 -117 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA, TO AMEND THE CODE OF THE CITY OF PEACHTREE CORNERS CHAPTER 42, NUISANCES, IN ORDER TO ADD ART. V, SEC. 42-91 THROUGH SEC. 42-97, PET SOLID WASTE REGULATIONS; DECLARING SEVERABILITY OF ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. 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, the Mayor and Council find it to be in the City’s interest to regulate the disposal of pet waste; and WHEREAS, a public hearing was properly advertised in the Gwinnett Daily Post and was held on March 27, 2018; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia, as follows: Section 1. That Chapter 42 of the Code of the City of Peachtree Corners shall be amended by adding Art. V, Sec. 42-91, Pet Solid Waste Regulations, as follows: Article V. – Pet Solid Waste Regulations Sec. 42-91 Title. This article shall be known, cited and referred to as the "Peachtree Corners Pet Solid Waste Regulations Ordinance." Sec. 42-92 Purpose. The purpose of this article is to establish requirements for the proper disposal of pet solid waste in the City of Peachtree Corners so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. Sec. 42-93 Definitions. The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. a) Immediate – shall mean that the pet solid waste is removed at once, without delay. b) Owner/Keeper – any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet. c) Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. d) Pet - a domesticated animal (other than a disability assistance animal) kept for amusement or companionship. e) Pet solid waste – waste matter expelled from the bowels of the pet; excrement VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018 -02 -117 f) Proper disposal – placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by a refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal. Disposal into a storm drain or storm water system is strictly prohibited. Sect. 42-94 Requirement for Disposal. a) All pet owners and keepers are required to immediately and properly dispose of their pet’s solid waste deposited on any property, public or private, not owned or possessed by that person. b) On any property owned or possessed by that person, all pet owners and keepers are required to properly dispose of their pet’s solid waste as frequently as necessary to prevent a public health nuisance. Sec. 42-95 Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. Sec. 42-96 Enforcement. The provisions of this Article shall be enforced by the City of Peachtree Corners Code Enforcement Division. Sec. 42-97 Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed: a) $10.00 for the first offense; b) $25.00 for the second offense within a year of the first offense; and c) $50.00 for the third and any subsequent offenses within a year of the first offense. Section 2. Severability. That each section or subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. Section 3. Effective Date. This Ordinance shall become effective immediately upon its adoption. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018 -02 -117 ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick