City Council

j 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 July 23, 2019 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 – Consideration of June 26, 2019 Council Meeting Minutes and July 9, 2019 Work Session Minutes F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA 1. APH 2019-02-83 Consideration of approval of Alcoholic Beverage License Application for Lazy Dog Restaurant & Bar, 5224 Peachtree Parkway, Peachtree Corners, GA 30092 I) PUBLIC HEARING 1. PH2019-003 MRPA Certificate – 4411 East Jones Bridge Road development 2. O2019-07-147 First Read and Consideration of RZ2019-001 & V2019-003, The Revive Land Group, request to rezone 19.534 acres from M-1 and R-75 to R-TH with associated variances to allow for a new townhouse development in the Mechanicsville area of the city, generally bounded by Jones Mill Road, Third Street, Florida Avenue, and Mechanicsville Road, Dist. 6, Land Lot 251, Peachtree Corners, GA. (2nd Read and Public Hearing August 27, 2019) 3. O2019-07-148 First Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia to amend the City of Peachtree Corners Code of Ordinances Chapter 42,  Nuisances, by adding Article VI, Urban Camping, in order to prohibit certain activities within parks and greenspaces; repealing all conflicting ordinances; and setting an effective date. (2nd Read and Public Hearing August 27, 2019) 4. O2019-07-149 First Read and Consideration of an Ordinance to amend chapter 50-82, applicability, and 50-83, landscape strip planting requirements, of the City of Peachtree Corners Code of Ordinances in order to specify landscape requirements within Technology Park; repealing all conflicting ordinances; and setting an effective date. (2nd Read and Public Hearing August 27, 2019) J) ITEMS FOR CONSIDERATION 1. R2019-07-126 Consideration of a Resolution to Call for an Election, Announce Qualifying Dates and Fees and Appoint Election Officials 2. R2019-07-127 Consideration of a Resolution requesting sales tax information from the Georgia Department of Revenue pursuant to O.C.G.A. § 48-2-15(d.1) and naming a designated officer for all related purposes 3. Action Item Consideration of a construction contract for FY2020 Street Resurfacing K) CITY MANAGER UPDATES L) EXECUTIVE SESSION M) ADJOURNMENT 2019-07-23 COUNCIL MEETING AGENDA PAGE 2 OF 2 Minutes  CITY OF PEACHTREE CORNERS COUNCIL MEETING MINUTES June 26, 2019 @ 7:05PM 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 Asst. City Manager Brandon Branham City Attorney Bill Riley Public Works Dir. Greg Ramsey MAYOR’S OPENING REMARKS: Mayor Mason informed the public that the Peachtree Corners Festival went very well considering the inclement weather, a good time was had by all. Mayor Mason requested that City Manager, Brian Johnson, give an overview of his trip to the Smart Mobility Conference in Tel Aviv, which was at the request of the Israeli Government. Mr. Johnson informed the Mayor and Council that Brandon Branham, Assistant City Manager, accompanied him to the Smart Mobility Conference in Tel Aviv, Israel. Along with being a speaker at the conference and attending events, they met with 37 different organizations. Everyone was very interested in the Peachtree Corners Curiosity Lab and Test Track. The grand opening of the Curiosity Lab Test Track will be on September 11, 2019 and a few of the contacts they made at the conference will be in attendance for the grand opening. Major Amanda Cain of the Gwinnett County Police Department introduced Officer Henry Mesa as the new Crime Prevention Officer for the Gwinnett County Police Department. 2019-06-26 Council Meeting Minutes Page 1 of 5 CONSIDERATION OF MINUTES: MOTION TO APPROVE THE MINUTES FROM THE MAY 28, 2019 COUNCIL MEETING. By: Council Member Christopher Seconded by: Council Member Sadd Vote: (7-0) (Christopher, Sadd, Mason, Christ, Wright, Aulbach, Gratwick) CONSIDERATION OF MEETING AGENDA: The agenda was rearranged to allow “Items for Consideration” to be heard prior to the “Public Hearing”. PUBLIC COMMENT: There was public comment from T.J. Ware of Xquisitemarkting. Ms. Ware informed the Mayor and Council that her client, Loi Nguyen of Tipsy Nails, was unable to serve alcohol at his establishment. Ms. Ware inquired as to what would need to be done so he could do so. Mayor Mason informed Ms. Ware to talk with the City Manager, Brian Johnson about her concern. ITEMS FOR CONSIDERATION: ACTION ITEM Consideration of awarding a contract for Building Division Services. MOTION TO APPROVE THE CONTRACT FOR BUILDING DIVISION SERVICES. By: Council Member Sadd Seconded by: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Christ, Wright, Aulbach, Gratwick) ACTION ITEM Consideration of a construction agreement for Stormwater Maintenance. MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT FOR PIPE LINING OF THE STORMWATER SYSTEMS (AS PRESENTED) WITH DICKERSON GROUP FOR AN AMOUNT OF $643,541. 2019-06-26 Council Meeting Minutes Page 2 of 5  By: Council Member Christ Seconded: Council Member Gratwick Vote: (7-0) (Christ, Gratwick, Mason, Sadd, Wright, Aulbach, Christopher) ACTION ITEM Consideration of a consulting agreement for Crooked Creek Trail Feasibility Study. MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES AGREEMENT FOR THE CROOKED CREEK TRAIL FEASIBILITY STUDY (AS PRESENTED) WITH CLARK PATTERSON LEE FOR $375,000. By: Council Member Christ Seconded: Council Member Gratwick Vote: (7-0) (Christ, Gratwick, Mason, Sadd, Wright, Aulbach, Christopher) ACTION ITEM Consideration of a consulting agreement for SR 141 Pedestrian Project as well as supplemental site work associated with project area. MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT WITH ASTRA GROUP, INC. AND PURCHASING AGREEMENTS WITH VENDORS FOR A TOTAL, NOT TO EXCEED $5,676,139. By: Council Member Gratwick Seconded: Council Member Wright Vote: (7-0) (Gratwick, Wright, Mason, Sadd, Christ, Aulbach, Christopher) R2019-06-123 Consideration of a Resolution of the City of Peachtree Corners, Georgia Approving a Programmed Autonomous Vehicle Environment Project and Authorizing the City Manager to further develop the project. MOTION TO APPROVE R2019-06-123. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (7-0) (Christopher, Gratwick, Mason, Sadd, Wright, Christ, Aulbach) 2019-06-26 Council Meeting Minutes Page 3 of 5  R2016-06-124 Consideration of a Resolution Approving the City of Peachtree Corners Fee Schedule for the City of Peachtree Corners, Georgia. MOTION TO APPROVE R2019-06-124. By: Council Member Sadd Seconded by: Council Member Gratwick Vote: (7-0) (Sadd, Gratwick, Mason, Christ, Wright, Aulbach, Christopher) R2016-06-125 Consideration of a Resolution Accepting the Transfer of Property from the DDA. MOTION TO APPROVE R2019-06-125. By: Council Member Sadd Seconded by: Council Member Gratwick Vote: (7-0) (Sadd, Gratwick, Mason, Christ, Wright, Aulbach, Christopher) ACTION ITEM Consideration of approving the annual appropriation for Prototype Prime. MOTION TO APPROVE THE ANNUAL APPROPRIATION FOR FISCAL YEAR 2020 OPERATING EXPENSES FOR PROTOTYPE PRIME. By: Council Member Gratwick Seconded by: Council Member Christopher Vote: (7-0) (Gratwick, Christopher, Mason, Sadd, Christ, Wright, Aulbach) PUBLIC HEARING: O2019-05-145 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia, adopting the amended fiscal year 2019 operating budget for each fund of the City of Peachtree Corners, Georgia. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE THE 2019 AMENDED BUDGET (O2019-05-145). 2019-06-26 Council Meeting Minutes Page 4 of 5  By: Council Member Christ Seconded by: Council Member Christopher Vote: (7-0) (Christ, Christopher, Mason, Sadd, Wright, Aulbach, Gratwick) O2019-05-146 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia, adopting the fiscal year 2020 operating budget and capital improvement budget for each fund of the City of Peachtree Corners, Georgia. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE O2019-05-146. By: Council Member Wright Seconded by: Council Member Christopher Vote: (7-0) (Wright, Christopher, Mason, Sadd, Christ, Aulbach, Gratwick) CITY MANAGER UPDATES: There were no updates. EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: MOTION TO ADJOURN AT 9:44 PM. By: Council Member Sadd Seconded by: Council Member Wright Vote: (7-0) (Sadd, Wright, Mason, Christ, Aulbach, Christopher, Gratwick) Approved, Attest: _______________________________ _______________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2019-06-26 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 July 9, 2019 WORK SESSION MINUTES 7:00 PM PEACHTREE CORNERS CITY HALL – Boardwalk 310 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 1. Roll Call 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 - Via Teleconference Asst. City Manager Brandon Branham City Clerk Kym Chereck City Attorney Bill Riley Community Dev. Dir. Diana Wheeler Public Works Dir. Greg Ramsey Plan. & Dev. Mgr. Seth Yurman Economic Dev. Spec. Jennifer Howard 2. Resolution for Call of Election – Kym Chereck, City Clerk, informed the Mayor and Council that she will present, at the next Council Meeting, a Resolution to Call for an Election, announce qualifying dates and fees, and appoint Election Officials. 3. Resolution for Sales Tax – Brandon Branham, Assistant City Manager informed the Mayor and Council that he will present, at the next Council Meeting, a Resolution requesting sales tax information from the Georgia Department of Revenue and naming a designated officer (himself) for all related purposes. 4. RFP for FY2020 Streets Resurfacing – Greg Ramsey, Public Works Director, informed the Mayor and Council that he will be submitting, at the next Council Meeting, an RFP for FY2020 streets resurfacing. 5. MRPA Certificate – 4411 East Jones Bridge Road – Greg Ramsey, Public Works Director, informed the Mayor and Council that he will be submitting, at the next Council Meeting, a MRPA Certificate for 4411 East Jones Bridge Road. This item will be subject to the Atlanta Regional Commission’s approval.  6. Update on Town Green – Diana Wheeler, Community Development Director, gave a brief update on the Town Green. Mrs. Wheeler stated that among other items, a shade structure would be ordered for the slide, the wooden stage would be elevated, and there would be an addition of a play structure. 7. Character preservation along roadways in Technology Park – Diana Wheeler, Community Development Director, informed the Mayor and Council that she will be proposing, at the next Council Meeting, revisions to current regulations concerning landscaping in Technology Park. 8. Miscellaneous Code Revisions – Diana Wheeler, Community Development Director, informed the Mayor and Council that she will have a draft Ordinance at the next Council meeting concerning urban camping. 9. City Manager Updates – Brian Johnson, City Manager, informed the Mayor and Council that the City’s Curiosity Lab will be an offsite demonstration location for the Smart Cities Expo Atlanta. This event will take place just following the grand opening of the Curiosity Lab on September 11, 2019. 10. Executive Session – There was no executive session. 11. Adjournment – The meeting adjourned at 8:49 PM. 2019-07-09 WORK SESSION MINUTES PAGE 2 OF 2 APH2019-02-83 To: Mayor and City Council Cc: Brian Johnson, City Manager From: Brandon Branham, Assistant City Manager Date: July 23, 2019, City Council Meeting Agenda Item: APH 2019-02-83 Approval of Alcoholic Beverage License Application for Lazy Dog Restaurant & Bar, 5224 Peachtree Pkwy, Peachtree Corners, GA 30092 Applicant Nick Manaweera is applying for a Consumption on Premises – Wine, Malt Beverage and Distilled Spirits License. Staff Recommendation: Approve the application for Consumption on Premises – Wine, Malt Beverage and Distilled Spirits. Lazy Dog Restaurant & Bar, 5224 Peachtree Pkwy, Peachtree Corners, GA 30092 Background: Applicant submitted a completed application on June 3rd, 2019. Required advertising for the application was published in the Gwinnett Daily Post on July 2nd, 2019 and July 9th, 2019. Applicant has passed the background investigation and meets all requirements. Discussion: New Staff has reviewed this application and recommends approval. Alternatives: None PH2019-003  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR METROPOLITAN RIVER PROTECTION ACT CERTIFICATE CASE NUMBER: PH2019-003 LOCATION: E. Jones Bridge Road PROPOSED DEVELOPMENT: 115-acre new retirement home community CONTACT: Warren Jolly PHONE: 770-218-1725 OWNER: Ty White 2494 Jett Ferry Road Suite 202 Dunwoody, GA 30338 REQUEST SUMMARY: The proposed development in question is 115 acres, composed of 6 different parcels, 5 of which are in the River Corridor. The property has a stream and floodplain located on its property. The applicant received approval for a special use permit to allow for development of a retirement community in a combination of new and existing buildings at this property which was formerly home to FiServ offices. The development was approved for a maximum of 916 residential units of varying types through reuse of some existing buildings and new construction of others. The primary one-way entrance and exit roadways were conditioned to be maintained in their current configuration and some new, internal roadways were proposed to be added. The owner wishes to demo 2 out the 4 existing buildings and build a new retirement home community. This property is within 2,000 feet of the Chattahoochee River and therefore, requires a MRPA certification by the Atlanta Regional Commission (ARC). Clearing and impervious area restrictions were recently conducted by AEC, Inc. The applicant requests certification of this property in accordance with the Metropolitan River Corridor Protection Act (MRPA). HISTORY: In 1973, in response to growing concerns about the Chattahoochee River, the Georgia General Assembly enacted the Metropolitan River Protection Act (Georgia Code 12-5-440 et seq.). It established a 2000-foot corridor along both banks of the Chattahoochee and its impoundments for the 48 miles between Buford Dam and Peachtree Creek. The act requires the ARC to protect the Chattahoochee River Corridor and to review new development proposals. The act requires local governments along the corridor to implement the ARC plan by issuing permits based on ARC findings, monitoring land- disturbing activity in the corridor and enforcing the act and the plan. Permit submittals for new homes and additions within the Chattahoochee River Corridor must show legal compliance with the plan. 1 A portion of the land being submitted for the proposed retirement community off East Jones Bridge was included in a 1991 Metro River review after it had been reviewed as part of SSI- Simmons (FISERV) review in 1987 (RC-87-03GC). The land in question is the area between Farrell Creek and East Jones Bridge. The subdivision review included a 500-foot setback along a small stretch of riverfront to allow for upgrading. The extended buffer is on the land between East Jones Bridge and Farrell Creek. This parcel was the site of the proposed office park (outside the buffer), which was never developed. The owner wishes to combine the parcels, demo 2 out of the 4 existing buildings, and build a new retirement home community using the proposed ARC clearing and impervious area development restrictions AEC determined in their analysis of the property. The proposed development would disturb 63.43 acres, requiring the EPD’s approval. The MRPA Application and Construction documents for the proposed E. Jones Bridge Road Development were submitted to the ARC to conduct an ARC Regional Review Finding on April 12, 2019 and then a revised package was re-submitted on June 24, 2019 following a meeting with the City, ARC, and project developers on May 31, 2019. The ARC has not completed their regional review and the plans are still pending their approval. 2  METROPOLITAN RIVER PROTECTION ACT CERTIFICATE E. Jones Bridge Road Parcel Pins: R6331 001, R6349 001, R348 093, R6331 006, R6349 003 The applicant is requesting formal City approval prior to obtaining ARC approval. If approved by the Mayor & City Council, staff recommends that the Metropolitan River Protection Act Certificate for the E. Jones Bridge Development stipulate the following conditions: 1. Mayor & Council reserve the right to approve a site plan that is altered significantly from the site plan which was approved as part of the City’s May 2018 Special Use Permit for this property. 2. The final iteration of the MRPA site plans must be found in compliance by City staff. 3. The ARC must find the plans in compliance with MRPA and issue them a MRPA certificate. 4. The Applicant shall apply for a Land Disturbance Permit and any development must meet all ordinance and engineering requirements determined by City Staff. 5. Applicant shall provide as-built surveys prior to issuance of certificate of occupancy. DATE OF CITY COUNCIL HEARING: July 23, 2019 ACTION TAKEN: APPROVED WITH CONDITIONS DATE OF CERTIFICATE: _____________ APPROVED: Mike Mason, Mayor ATTEST: (SEAL) Kym Chereck, City Clerk 3  CATEGORY "C" CATEGORY "D" CATEGORY "E" LOT IMPERVIOUS TABLE EAST JONES BRIDGE PROJECT INFORMATION PROJECT NO.: 18-4143.10 DATE: 3-29-19, REV 6-18-19 NORTH VULNERABILITY AREAS SCALE: 1" = 100' 100 0 100 200 50 Warm Springs Circle Roswell Georgia 30075 PEACHTREE CORNERS, GEORGIA FILE NAME: 18-4143 P19.dwg DESIGN/DRAWN: SLR, SCH, MDA  EAST JONES BRIDGE PROJECT INFORMATION PROJECT NO.: 18-4143.10 DATE: 3-29-19, REV 6-18-19 NORTH LAYOUT PLAN SCALE: 1" = 100' 100 0 100 200 50 Warm Springs Circle Roswell Georgia 30075 PEACHTREE CORNERS, GEORGIA FILE NAME: 18-4143 P19.dwg DESIGN/DRAWN: SLR, SCH, MDA  PROJECT INFORMATION NORTH LAYOUT PLAN EAST JONES BRIDGE PROJECT NO.: 18-4143.10 DATE: 3-29-19, REV 7-9-19 SCALE: 1" = 100' CIVIL ENGINEERING PLANNING LANDSCAPE ARCHITECTURE 100 0 100 200 50 Warm Springs Circle Roswell Georgia 30075 PEACHTREE CORNERS, GEORGIA FILE NAME: 18-4143 P19.dwg (770) 641-1942 www.aecatl.com DESIGN/DRAWN: SLR, SCH, MDA O2019-07-147  STATE OF GEORGIA ORDINANCE 2019-07-147 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO RZ2019-001 AND V2019-003, MECHANICSVILLE TOWNHOMES, REQUEST TO REZONE 19.534 ACRES FROM M-1 AND R-75 TO R-TH WITH ASSOCIATED VARIANCES TO ALLOW FOR A NEW TOWNHOUSE DEVELOPMENT IN THE MECHANICSVILLE AREA OF THE CITY, GENERALLY BOUNDED BY JONES MILL ROAD, THIRD STREET, FLORIDA AVENUE, AND MECHANICSVILLE ROAD, DIST. 6, LAND LOT 251, 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 July 23, 2019 and August 27, 2019; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia while in Regular Session on August 27, 2019, that Zoning Case RZ2019-001 & V2019-003, Mechanicsville Townhomes, is hereby approved for the above referenced property with the following enumerated conditions: 1. The property shall be rezoned from M-1 and R-75 to R-TH. 2. Variances shall be approved so that the front yard setback for buildings along Jones Mill Road and Florida Avenue shall be a minimum of 10 ft. 3. The site may be developed with up to 153 attached single-family townhomes and amenity areas. However, the final number of units is dependent upon site conditions, compliance with zoning conditions, and fully engineered plans that meet regulations. 4. The site plan layout shall be in general conformance with the site plan submitted with this application and prepared by Planners and Engineers Collaborative dated June 26, 2019 (with revisions to meet these conditions and zoning and development regulations). 5. Development shall include no more than the one access point on Jones Mill Road and one access point at the termination of the public portion of Virginia Avenue, as shown on the submitted site plan. 6. Developer shall construct on-site stormwater detention facilities to meet the standards of the Gwinnett County Stormwater Ordinances including, but not limited to, stormwater detention, water quality standards, stream protection and management of off-site drainage flowing through the site. 7. Prior to issuance of an LDP, approvals must be received from all agencies having jurisdiction over stream piping, modifications, and encroachments. 8. All stormwater facilities shall be owned and maintained by the Homeowner’s Association in accordance with the Gwinnett County Stormwater Ordinances. 9. The developer shall provide minimum five-foot-wide publicly accessible sidewalks along the entire rights-of-way of all streets, public or private, except Florida Avenue. 10. 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 2019-07-147 GWINNETT COUNTY CITY OF PEACHTREE CORNERS 11. The termination point of the public portion of the rights-of-way for Virginia Avenue and Florida Avenue shall conclude with a cul-de-sac meeting the design requirements of the Public Works Department. 12. The developer shall provide a central mail box for the subdivision with adequate parking and pedestrian access. 13. A minimum 18” offset shall be provided between the front building elevations and roof lines of adjoining units. No more than four units within a single building grouping shall have the same front setback or roof line. 14. Building elevations shall be at least 50% brick or stone. 15. Front elevation materials and colors shall be varied so that none of the units within a single building grouping repeat the same combination of materials and colors. 16. The garage of each unit shall be located at least 20 ft. from the adjacent sidewalk. 17. Specimen trees highlighted in yellow on document labeled ‘Tree Preservation and Buffer Plan’ shall be incorporated into the overall site development and shall be preserved. 18. In order to preserve as much of the character of the site that is visible to the residential part of Mechanicsville as possible, the perimeter of the property (except between entry drives along Jones Mill Road) shall not be graded and shall remain undisturbed (as shown highlighted in green on the Tree Preservation and Buffer Plan). In addition, the developer shall install a 6’ high opaque privacy fence and a single row of Leyland cypress, of a size and spacing to be determined by staff, which shall be placed between the townhomes and the undisturbed buffer on the northeastern side of the site adjacent to M-1 zoned property. 19. The areas shown as ‘Undisturbed Buffer’ on the Tree Preservation and Buffer Plan document shall all be platted as common area and shall not become part of individual fee- simple lots. 20. Prior to the issuance of an LDP, tree protection fencing shall be installed, and the city shall confirm that all trees to be preserved have been included within the protected areas. 21. Prior to the issuance of the building permit for the 100th unit, the developer shall conduct a traffic assessment to determine if existing traffic signal timing needs to be adjusted in order to avoid vehicular back-ups and optimize traffic circulation efficiency. The developer shall be responsible for any costs associated with the study and its findings. 22. Construction access shall only be permitted off Jones Mill Road or Virginia Avenue. No construction access or traffic shall be permitted on Florida Avenue, 2nd Street or 3rd Street. 23. Construction hours shall be limited to weekdays from 7:00AM to 8:00PM. 24. Approval of the development plan is subject to the applicant’s successful acquisition of land that is currently designated as public right-of-way, (the unimproved portions of Virginia Avenue, Florida Avenue, and Second Street). 25. The developer shall incorporate a percentage cap of 15% on rental units within the development which shall become part of the homeowners’ association covenants. 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 2019-07-147 GWINNETT COUNTY CITY OF PEACHTREE CORNERS Effective this 27th day of August, 2019. So Signed and Witnessed Approved : this _______day of __________, 2019 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 O2019-07-148  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2019-07-148 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND THE CITY OF PEACHTREE CORNERS CODE OF ORDINANCES CHAPTER 42, NUISANCES, BY ADDING ARTICLE VI, URBAN CAMPING, IN ORDER TO PROHIBIT CERTAIN ACTIVITIES WITHIN PARKS AND GREENSPACES; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING 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 appropriate use of parks and greenspace is a matter of interest and benefit to the general public; and WHEREAS, the Mayor and Council desire to amend the current Code of Ordinances in order to prohibit certain activities within parks and greenspace areas; and 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; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the City of Peachtree Corners Code of Ordinances is amended by adding the following underlined section: Chapter 42- Nuisances ARTICLE VI – Urban Camping (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 1. Camp means residing in or using a location for private living accommodations, such as erecting tents or other temporary structures or objects providing shelter; sleeping in a single place for more than one hour at a time; cooking or preparing meals; or other similar activities. 2. Storing personal property means leaving one's personal effects, such as, but not limited to, clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, or backpacks, unattended for more than one hour. 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 2019-07-148 (b) Public parks and greenspaces. It shall be unlawful to camp or to store personal property in any public park or greenspace. (c) Streets and sidewalks. It shall be unlawful to camp, sleep, store personal property, or to sit or lie down on any street or sidewalk or any public or railroad right-of-way. (d) Other property; blocking ingress and egress. It shall be unlawful to camp, sleep, store personal property, or to sit or lie down on any public property or private property so as to interfere with the ingress or egress from buildings. (e) Warning. No person may be arrested for violating this section by simply sleeping, sitting or lying down in a prohibited location or for a prohibited period of time without having first received an oral or written warning to cease such unlawful conduct. (f) Exceptions. Notwithstanding anything in this section to the contrary, this section shall not apply to nor be construed to prohibit the following behavior: (1) Persons sitting or lying down as a result of a medical emergency; (2) Persons sitting in wheelchairs while using sidewalks; (3) Persons sitting down while attending parades; (4) Persons sitting down while patronizing outdoor cafes; (5) Persons sitting down while attending performances, festivals, concerts, fireworks or other special events taking place in any park or on any street or sidewalk closed by permit for such purpose; (6) Persons sitting on chairs or benches supplied by a public agency or abutting private property owner; (7) Persons sitting on seats in bus zones occupied by people waiting for the bus; (8) Persons sitting or lying down while waiting in an orderly line outside a box office to purchase tickets to any sporting event, concert, performance, or other special event; (9) Persons sitting or lying down in an orderly line awaiting entry to any building, including shelters, or awaiting social services, such as provisions of meals; or (10) Children under the age of six years sleeping anywhere while being accompanied by a supervising adult or while sitting or lying in a stroller or baby carriage. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. 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 2019-07-148 SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor 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 O2019-07-149  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2019-07-149 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND CHAPTER 50-82, APPLICABILITY, AND 50-83, LANDSCAPE STRIP PLANTING REQUIREMENTS, OF THE CITY OF PEACHTREE CORNERS CODE OF ORDINANCES IN ORDER TO SPECIFY LANDSCAPE REQUIREMENTS WITHIN TECHNOLOGY PARK; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING 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, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning and land development; and 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, the Mayor and Council desire to amend the current Code of Ordinances; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the City of Peachtree Corners Code of Ordinances is amended as follows: Section 1. (words struck through are deleted and words underlined are added) Sec. 50-82 – Applicability. (a) Nonresidential and multifamily uses. Nonresidential and multifamily uses shall provide for and maintain landscape plantings on-site as follows: (1) In a landscape strip at least ten feet in width adjacent to any street right-of-way abutting the property and running the length of the entire property frontage, except in Technology Park; Sec. 50-83 – Landscape strip planting requirements. (a) Ten-foot wide landscape strips…. (b) Five-foot wide landscape strips…. (c) Landscape strips wider than ten feet… (d) Technology Park. In lieu of planting new vegetation adjacent to streets, properties located within Technology Park (along Engineering Drive, Technology Parkway, Technology Parkway South, Research Court, Research Drive, Scientific Dr,, Westech 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 2019-07-149 Drive, Sun Court) shall maintain their existing roadway landscaping and shall preserve the existing mature tree canopy visible from the street. In addition: 1. supplemental landscaping may be added where existing landscaping is sparse. 2. Unhealthy or dead trees may be removed and replaced, with city approval. 3. Exceptions may be made by the Community Development Director for utility encroachments, driveway crossings, roadway improvements, or hardship situations specific to property access. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor 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 R2019-07-126 CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION 2019-07-126 RESOLUTION TO CALL FOR AN ELECTION, ANNOUNCE QUALIFYING DATES AND FEES AND APPOINT ELECTION OFFICIALS. WHEREAS, the General Municipal Election for the City of Peachtree Corners is scheduled for November 5, 2019: and WHEREAS, the purpose of the General Municipal Election is to elect a Mayor and three (3) members of City Council; and WHEREAS, it is necessary for the City Council to establish the qualifying fees for these offices and to make other provisions for the municipal election; and WHEREAS, the Mayor and City Council posts to be voted on are Post 1, Post 3 and Post 5; and WHEREAS, the Georgia Municipal Election Code requires that the Mayor and Council appoint certain officials prior to the election - including a Superintendent, Chief Registrar and Absentee Ballot Clerk, Assistant Absentee Ballot Clerk and Poll Manager; and WHEREAS, Peachtree Corners City Clerk Kymberly Chereck is hereby appointed to the position of Municipal Election Superintendent; the Gwinnett Board of Registration and Elections is hereby appointed as Chief Registrar; Deputy Clerk Rocio Monterossa is hereby appointed as Absentee Ballot Clerk, Furnika Dirton is appointed as Assistant Absentee Ballot Clerk, and Carole Hays is appointed as Poll Manager. Poll Workers will be appointed by the Superintendent and/or Poll Manager at a later date; and WHEREAS, The Election Superintendent shall take such action as is necessary to properly call the General Municipal Election scheduled for November 5, 2019, including, but not limited to, properly publishing a public notice to notify the public of said election. The Election Superintendent shall take such other actions as necessary and appropriate to make certain that the election is conducted in accordance with, and in conformity with, the laws of the State of Georgia, the Peachtree Corners City Charter and Peachtree Corners Ordinances; and WHEREAS, If any person whose name is not on the municipal registration list desires to vote at said election, he or she may register on or before 5:00 p.m. October 7, 2019. Registration forms are available in the office of the City Clerk; and WHEREAS, Any person who is presently registered as a voter in said City but who now resides outside the City limits is not eligible to vote in said election. All duly qualified electors of the City of Peachtree Corners, Georgia, are urged to participate. Those qualified to vote at said election shall be determined in all respects in accordance and in conformity with the laws of the State of Georgia. Information on voter registration may be obtained through the Chief Registrar of Gwinnett County, Georgia; and 1 CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION 2019-07-126 WHEREAS, Polls will open for this November 5, 2019, election at 7:00 a.m. and will close at 7:00 p.m., at the Peachtree Corners City Hall Elections Room, located at 310 Technology Parkway, Peachtree Corners, GA. Computation of votes cast in the November 5, 2019 election will be conducted at the time the polls close. If no candidate receives a majority of the votes cast for their position as specified in Section 5.13 of the City Charter, a run-off election shall be held between the candidates receiving the two highest numbers of votes. Such election shall be held not earlier than the twenty-first day after the day of the first election. NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Peachtree Corners, Georgia, as follows: 1. The aforesaid recitals are not mere recitals, but are material portions of this Resolution and incorporated herein by this reference as though restated in their entirety. 2. That the City of Peachtree Corners will conduct a General Municipal Election on Tuesday, November 5, 2019 from 7:00 a.m. to 7:00 p.m. at the Peachtree Corners City Hall Elections Room located at 310 Technology Park, Peachtree Corners, Georgia, for the purpose of electing a Mayor and three (3) members of City Council. 3. The City Council posts to be voted on are Post 1, Post 3 and Post 5. 4. The qualifying fee for a candidate to the office of Mayor is $270.00 (two hundred seventy dollars) and City Councilmember is $240.00 (two hundred forty dollars), which is 3% of the total gross salary of the office paid in the preceding calendar year (Georgia Election Code 21-2-131). 5. The qualifying dates will be Monday, August 19, 2019 through Wednesday, August 21, 2019. 6. The hours of qualifying will be from 9:00am to 12:00 noon, and 1:00pm to 4:00pm and shall be conducted in the Office of the City Clerk (Georgia Election Code 21-2-132), 310 Technology Parkway, Peachtree Corners, Georgia 30092. 7. The within Resolution shall become effective upon its adoption. IT IS SO RESOLVED AND EFFECTIVE THIS 23rd day of July 2019. Mike Mason, Mayor Kym Chereck, City Clerk SEAL 2 R2019-07-127 CITY OF PEACHTREE CORNERS RESOLUTION 2019-07-127 COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION REQUESTING SALES TAX INFORMATION FROM THE GEORGIA DEPARTMENT OF REVENUE PURSUANT TO O.C.G.A. § 48-2-15(d.1) AND NAMING A DESIGNATED OFFICER FOR ALL RELATED PURPOSES WHEREAS, Georgia Code O.C.G.A. § 48-2-15, as amended in 2018, authorizes the Commissioner of the Georgia Department of Revenue (hereinafter the “DOR Commissioner”) to provide certain confidential sales tax information to the “designated finance officer or taxing official” of local governments; and WHEREAS, more specifically, O.C.G.A. § 48-2-15(d.1) authorizes the DOR Commissioner to provide to a local government’s designated officer, upon request, certain information relating to vendors that have submitted sales tax reports within the period of time set forth in that request; and WHEREAS, O.C.G.A. § 48-2-15(d.1) further allows the local government’s designated officer to request that the DOR Commissioner validate, from time to time, the political subdivision to which sales taxes are being remitted by taxpayers with a business location within that local government’s boundaries; and WHEREAS, the City of Peachtree Corners desires to obtain the sales tax information described in the above Georgia Code Section; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Peachtree Corners, as follows: 1. The City Council hereby designates the following finance or tax official as City of Peachtree Corners Designated Officer for all purposes described in O.C.G.A. § 48-2- 15(d.1): Brandon Branham, Assistant City Manager City of Peachtree Corners 310 Technology Parkway Peachtree Corners, GA 30092 770-609-8818 BBranham@peachtreecornersga.gov 2. The City Council hereby requests that the DOR Commissioner (or his/her designee) furnish to the above-named Designated Officer all vendor sales tax information described in O.C.G.A. § 48-2-15(d.1)(1) for the City of Peachtree Corners for the time period commencing on 7/1/2018 and ending on 6/30/2019 [may not exceed one year; earliest beginning date is 7/1/18] 3. In accordance with O.C.G.A. § 48-2-15(d.1)(2)(B) and following receipt of the information described in Paragraph 2, above, the Designated Officer is hereby authorized to request validation by the DOR Commissioner of the political subdivision 1 CITY OF PEACHTREE CORNERS RESOLUTION 2019-07-127 COUNTY OF GWINNETT, STATE OF GEORGIA to which one or more vendors/taxpayers with a business location in the City of Peachtree Corners have remitted sales taxes for the designated period, with such validation request to contain the business name and location address of each such vendor/taxpayer and such other information as may assist the DOR Commissioner in responding to such validation request; 4. The Designated Officer shall use such information only in the discharge of his/her duties and shall maintain the confidentiality of such information as required by O.C.G.A. § 48-2-15(d.1); and 5. The City Council shall comply with all confidentiality requirements of O.C.G.A. § 48- 2-15(d.1), including, but not limited to, the requirements that 1) such information may only be discussed by members of the City Council in executive session and 2) members of the City Council shall recuse themselves from such executive session discussions in the event of a conflict of interest as described in the above Georgia Code Section. BE IT FURTHER RESOLVED, that this Resolution shall become effective upon its approval by the City of Peachtree Corners City Council, and the official named above shall remain Peachtree Corners City’s Designated Officer for all purposes under O.C.G.A. § 48-2-15(d.1) until further action of the Board of Commissioners. BE IT FURTHER RESOLVED, that the Peachtree Corners City Clerk is hereby directed to provide a certified copy of this Resolution to the Georgia Department of Revenue via email (public.disclosure@dor.ga.gov) or to otherwise transmit a copy of this Resolution as may directed by the Georgia Department of Revenue. PASSED AND RESOLVED this __________ day of ______________________, 20___. By: ____________________________________ Mayor, Mike Mason ATTEST: ____________________________________ City Clerk, Kym Chereck [Affix Seal] 2 Action Item MEMO TO: Mayor & Council CC: Brian Johnson, City Manager FROM: Greg Ramsey, P.E., Public Works Director DATE: July 23, 2019 SUBJECT: FY20 Resurfacing Award Recommendation Invitation to Bid (ITB) 19.09 was advertised for the city’s FY 2020 resurfacing program. Bids were due July 22, 2019 and a bid tabulation will be sent to you under separate cover. The FY 2020 resurfacing program is budgeted at $1.5 million. Staff requests an authorization for the City Manager to execute a construction agreement not to exceed $1.5 million to the lowest and most responsive bidder. Page 1 of 1