city of norcrosscityofnorcross.com/wp-content/uploads/2015/01/010515councilmeeting.pdfmayor and...

Monday, January 5, 2015

7:00 PM

City of Norcross

65 Lawrenceville Street

Norcross, GA 30071

Council Chambers

Mayor and Council

Mayor Bucky Johnson

Mayor Pro Tem Keith Shewbert

Councilmember David McLeory

Councilmember Craig Newton

Councilmember Charlie Riehm

Councilmember Andrew Hixson

Meeting Agenda

January 5, 2015Mayor and Council Meeting Agenda

A. Call to order by Mayor Bucky Johnson

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES

B. Prayer

C. Pledge of Allegiance to the Flag of the United States of America

D. Roll Call (recorded)

E. Presentation of previous meetings minutes for acceptance and

acceptance of the agenda as presented for scheduled meeting.

14-3999 Approval of Previous Meeting Minutes

CC - Minutes - 12-01-2014 - Work Session.pdf

CC - Minutes - 12-01-2014 - Regular Mtg.pdf

CC - Minutes - 12-15-2014 - Policy.pdf

Attachments:

14-4001 Acceptance of the Agenda

F. Ceremonial Presentations, Recognitions, and Swearing In Ceremonies

14-3998 Recognition of Councilmember Keith Shewbert

Proclamation Keith.pdfAttachments:

14-3993 Inauguration of Council Member David McLeroy

oath of office - McLeroy.pdfAttachments:

14-3994 Inauguration of Council Member Andrew Hixson

oath of office - Hixson.pdfAttachments:

14-3992 Inauguration of Council Member Josh Bare

oath of office - bare.pdfAttachments:

14-3997 Appointment of Mayor Pro Tem for 2015

14-3995 Swearing in of Officer Nikolaus Swancott

Oath - Swancott.pdfAttachments:

City of Norcross Printed on 12/30/2014


14-3996 Swearing in of Officer Lisa Berry

Oath - Berry.pdfAttachments:

G. Floor Open to Citizens Desiring to Address the Governing Authority

a. The floor is open to citizens desiring to address the governing authority

b. Comments by Council

H. Public Hearings

PH. 14-3986 Proposed Moratorium on Issuance of Special Use

Permits for Pawn Shops, Title Pawns, and Check

Cashing Facilities

spcial use moratorium request (3)

Proposed Text Amendment

Attachments:

Staff proposes to place a moratorium on the acceptance of applications for Special Use

Permits for Pawn Shops, Title Pawns, or Check Cashing facilities in the City of

Norcross for a period of 90 days in order to study the existing Special Use conditions

section and related sections of the zoning ordinance. Attached is a proposal for a text

amendment to the Special Use Permit sections of the ordinance dealing with pawn

brokers/shops, title pawns, and check cashing facilities in the C-2 district.

PH. 14-3983 REZ2014-0004, R-65 to RM-6 (PRD)REZ2014-0004 staff report for MC policy

Kennemore Manor_Survey

Kennemore Manor Master Plan

Attachments:

This case is a request by the developer to rezone three existing R-65 lots to

RM-6/Planned Residential Development for the purpose of developing a fourteen lot

single family detached community. The total site area is 3.193 ac. The proposed

density is 4.38 homes per acre which is consistent with the density of the surrounding

properties.

I. Reports of the Mayor and Council Members



a. General Announcements

Greetings to all on this first meeting of 2015! I hope everyone had an enjoyable and

restful holiday with loved ones. We have a great year ahead of us.

I would like to welcome to The City Council, Josh Bare. We all look forward to serving

with you and are excited that you are here.

We have several events and reminders this month:

City Hall will be closed on Monday, January 19 for Martin Luther King Day.

Congratulations to Chief Warren Summers who was honored in December by Mundo

Hispanico as a "Prominent Figure of the Year" for helping to bridge the gap between the

Hispanic residents of Norcross and the Police Department.

A new Community Garden Park is being planned on the grounds of the Norcross

Welcome Center and Museum, and it needs a name. The Garden Park Board is asking

for name submissions that would suit this new venue. This versatile and all around

“cool” Community Garden will have something for everyone. The deadline for

submitting is this Friday, January 9. For more information please visit the City’s website

and also available in the January newsletter.

For the last five years, Norcross has had a weekly Farmers Market from spring through

summer in Thrasher Park. Organizers are currently taking a survey on whether to

continue the Farmers Market or how to improve it to make it the best that it can be for

our residents. There is more information on the website and in the January newsletter.

Your input is greatly appreciated and the deadline is January 12 to submit your survey.

Movie Mondays are always shown in the Cultural Arts and Community Center, 1:30 and

6:30PM

Jan 12 Movie is God’s Not Dead.

The Jan 26 movie will be When the Game Stands Tall.

Kudzu Art Zone has several events.

Jan 17 is The Members Opening Reception for The Joy of Movement Exhibition - 6PM

– 9PM. Exhibit opens Jan 17 - Feb 28.

Also, Jan 24 The Pottery Edition of Crazy Canvas, 5PM-7PM

J. Consent Agenda



1. 14-3859 PIB/Holcomb Bridge Gateway Overlay (Revised)PIB-HBR Overlay MC 12-15-2014Attachments:

t was requested of staff to prepare an overlay district for the PIB/HBR gateway. A

memo and draft concept ordinance has been prepared for Mayor & Council for

purposes of discussion at the policy meeting of 7/21 & 10/20 /2014. At that time Staff

was instructed to look at an expansion of the area to include the land from Jimmy

Carter on the south to Peachtree Corners on the north end and to expand our concept

for the proposed ordinance. A draft ordinance has been developed which allows the

redevelopment of the area with land use controls that will assure a quality gateway into

the City from Peachtree Industrial without impacting the historic town center. Staff is

requesting a review of the ordinance proposal and input from Mayor & Council so that

we can have a final draft ready for adoption by the January Public Meeting.

2. 14-3966 Change in Alcohol Ordinance to Provide for Growler

Store(s)

Memo - Councilman Riehm.pdf

ORDINANCE 12-2014 Growler Final Proposal

Attachments:

There is a continuing interest by both businesses and consumers to allow a Growler

store to open and operate in the downtown area. The ordinance currently allows

grocery stores and others to sell packaged beer, but some small changes are needed

to allow Growler stores to do so in their containers. The DDA Board supports this

proposed change.

3. 14-3911 2015 Qualifying Fees

Memo - M. Lang.pdf

2015 Qualifying Fee Notice (City) (2).pdf

Attachments:

Each year that an election is to be held, Mayor and Council must set the qualifying fees

for that election and notify its citizens by publishing a notice in the legal organ. The fees

are based on 3% of the Mayor and Council's previous year’s annual salary.

4. 14-3985 Budget Amendment Request for the Georgia Tech

Immigrant Integration ProjectBudget AmendmentAttachments:

At the December 1, 2014 Regular Council Meeting, the Georgia Tech Immigrant

Integration Project was approved unanimously. The attached budget amendment has

been requested to cover expenses for said project.

K. Items for Discussion

L. Adjourn in memory of

Signed by _________________________________Mayor Bucky Johnson

Attest: _______________________________ Monique Lang, City Clerk


65 Lawrenceville StreetNorcross, GA 30071City of Norcross

Legislation Details (With Text)

File #: Version: 114-3999

Status:Type: Agenda Item Agenda Ready

File created: In control:12/16/2014 Mayor and Council

On agenda: Final action:1/5/2015

Title: Approval of Previous Meeting Minutes

Sponsors:

Indexes:

Code sections:

Attachments: CC - Minutes - 12-01-2014 - Work Session.pdf

CC - Minutes - 12-01-2014 - Regular Mtg.pdf


Action ByDate Action ResultVer.

TitleApproval of Previous Meeting Minutes

MotionA motion to Approve the December 1st Regular Work Session, RegularCouncil Meeting and Executive Session, and the December 15th Policy WorkSession and Executive Session.

City of Norcross Printed on 12/30/2014Page 1 of 1

powered by Legistar™

Monday, December 1, 2014

6:30 PM

City of Norcross


Norcross, GA 30071

2nd Floor Conference Room

Work Session

Mayor Bucky Johnson


Council Member David McLeroy

Council Member Craig Newton

Council Member Charlie Riehm

Council Member Andrew Hixson

Meeting Minutes - Draft

December 1, 2014Work Session Meeting Minutes - Draft

Roll Call

Mayor Bucky Johnson; Mayor Pro Tem Keith Shewbert; Council Member

Craig Newton; Council Member David McLeroy; Council Member Charles

Riehm and Council Member Andrew Hixson

Present 6 -

PH. 14-3965 Rezoning Case #RZ2014-0002 and RZ2014-0003 from

RM-100 (Residential Multifamily) to R-65 (Residential

Single Familiy)

REZ2014-0002 staff report M&CAttachments:

This matter was Moved to Public Hearing by the Mayor and Council, due back

on 12/1/2014

PH. 14-3967 Special Use Permit - SUP2014-0002 - Request to

Operate a Retail Store and Pawn Shop

Staff Report SUP2014-0002MC.pdfAttachments:

This matter was Moved to Public Hearing by the Mayor and Council, due back

on 12/1/2014

1. 14-3944 Proposed Partnership with United Norcross Soccer

Academy and Use of Summerour Field

Norcross Soccer Academy

Concession Building Layout

Concession Building Basement Layout

Attachments:

This matter was Moved to Discussion by the Mayor and Council, due back on

12/1/2014

2. 14-3942 Georgia Tech Immigrant Integration Project

Discussion

Immigrant Communities in Norcross Presentation

Proposal

Resume

Attachments:


12/1/2014

3. 14-3970 Regulate Discharge of Firearms in the City Limits

ORDINANCE 10-2014 to Regulate Discharge of Firearms in City Limits.pdfAttachments:


12/1/2014

Page 1City of Norcross Printed on 12/2/2014

http://norc.legistar.com/gateway.aspx?m=l&id=4390

http://norc.legistar.com/gateway.aspx?M=F&ID=6043.pdf














4. 14-3948 Appointment of Retained Professionals

Retained Professionals.pdfAttachments:

This matter was Moved to Consent by the Mayor and Council, due back on

12/1/2014

5. 14-3958 Stand By A-E (Architects - Engineers) Service

Providers List

smith_MEMO_14-11-03Attachments:


12/1/2014

6. 14-3969 Budget Amendment Request for IT Technology Fund

217

Memo - G. Cothran.pdf

Budget Amendment IT Technology Fund.pdfAttachments:


12/1/2014


Store(s)


ORDINANCE 12-2014 Growler.pdfAttachments:


12/1/2014

8. 14-3963 Towing Vehicles for Sale in Restricted Locations

ORDINANCE 11-2014 To Prohibit Curbstoning.pdfAttachments:


12/1/2014

9. 14-3964 DDA/City IGA for Management of Park Properties

DDA-City IGA for managment of Park PropertiesAttachments:


12/1/2014















10. 14-3968 Parking Deck Design

Small Forsite Library Parking Deck.pdfAttachments:


12/1/2014

11. 14-3978 IGA Jointly Funded 2014 SPLOST Projects - Buford Hwy

and Jimmy Carter Blvd Intersection

IGA Norcross county mgd FINAL.pdfAttachments:


12/1/2014

Adjourn to Executive Session for Personnel, Real Estate and Legal

Signed by:__________________________________ Mayor Bucky Johnson

Attest: __________________________________ Monique Lang, City Clerk







7:00 PM

City of Norcross


Norcross, GA 30071

Council Chambers

Mayor and Council

Mayor Bucky Johnson


Councilmember David McLeory

Councilmember Craig Newton

Councilmember Charlie Riehm

Councilmember Andrew Hixson


December 1, 2014Mayor and Council Meeting Minutes - Draft

Call to order by Mayor Bucky JohnsonA.

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES

PrayerB.

Pledge of Allegiance to the Flag of the United States of AmericaC.

Roll Call (recorded)D.

Mayor Bucky Johnson, Mayor Pro Tem Keith Shewbert, Council Member

Craig Newton, Council Member David McLeroy, Council Member Charlie

Riehm and Council Member Andrew Hixson

Present 6 -

Presentation of previous meetings minutes for acceptance and

acceptance of the agenda as presented for scheduled meeting.

E.

14-3979 Approval of Previous Meeting Minutes

CC - Minutes - 11-03-2014 - Work Session.pdf

CC - Minutes - 11-03-2014 - Regular Mtg..pdf

CC - Minutes - 11-10-2014 - Special Called.pdf


Attachments:

A motion was made by Council Member Newton, seconded by Council Member

McLeroy, that this Agenda Item be Approved. The motion PASSED by the

following vote.

Aye: Mayor Pro Tem Shewbert, Council Member Newton, Council Member

McLeroy, Council Member Riehm and Council Member Hixson

5 -

Abstain: 0

14-3980 Acceptance of the Agenda

A motion was made by Council Member Riehm, seconded by Council Member

Hixson, that this Agenda Item be Approved. The motion PASSED by the

following vote.



5 -

Abstain: 0

Ceremonial Presentations, Recognitions, and Swearing In CeremoniesF.

Floor Open to Citizens Desiring to Address the Governing AuthorityG.









a. The floor is open to citizens desiring to address the governing authority

b. Comments by Council

Public HearingsH.

PH. 14-3965 Rezoning Case #RZ2014-0002 and RZ2014-0003 from

RM-100 (Residential Multifamily) to R-65 (Residential

Single Familiy)

REZ2014-0002 staff report M&CAttachments:

A motion was made by Council Member McLeroy, seconded by Council

Member Riehm, that this Agenda Item be Approved. The motion PASSED by

the following vote.

Aye: Mayor Johnson, Mayor Pro Tem Shewbert, Council Member Newton,

Council Member McLeroy, Council Member Riehm and Council Member

Hixson

6 -

Abstain: 0

PH. 14-3967 Special Use Permit - SUP2014-0002 - Request to

Operate a Retail Store and Pawn Shop

Staff Report SUP2014-0002MC.pdfAttachments:

A motion was made by Council Member Hixson, seconded by Mayor Pro Tem

Shewbert, that this Agenda Item be Denied. The motion PASSED by the

following vote.



5 -

Abstain: 0

Reports of the Mayor and Council MembersI.

a. General Announcements

Consent AgendaJ.

Approval of the Consent Agenda

A motion was made by Council Member Hixson, seconded by Mayor Pro Tem

Shewbert, to Approve the Consent Agenda. The motion carried by the

following vote:



5 -







Abstain: 0

4. 14-3948 Appointment of Retained Professionals

Retained Professionals.pdfAttachments:

The Agenda Item was Approved by consent vote.

5. 14-3958 Stand By A-E (Architects - Engineers) Service

Providers List

smith_MEMO_14-11-03Attachments:


6. 14-3969 Budget Amendment Request for IT Technology Fund

217

Memo - G. Cothran.pdf

Budget Amendment IT Technology Fund.pdfAttachments:


9. 14-3964 DDA/City IGA for Management of Park Properties

DDA-City IGA for managment of Park PropertiesAttachments:


11. 14-3978 IGA Jointly Funded 2014 SPLOST Projects - Buford Hwy

and Jimmy Carter Blvd Intersection

IGA Norcross county mgd FINAL.pdfAttachments:


Items for DiscussionK.

1. 14-3944 Proposed Partnership with United Norcross Soccer

Academy and Use of Summerour Field

Norcross Soccer Academy

Concession Building Layout

Concession Building Basement Layout

Attachments:

A motion was made by Council Member Hixson, seconded by Council Member

Newton, that this Agenda Item be Tabled for Policy Work Session, due back on

01/19/2015. The motion PASSED by the following vote.



5 -


















Abstain: 0

2. 14-3942 Georgia Tech Immigrant Integration Project

Discussion

Immigrant Communities in Norcross Presentation

Proposal

Resume

Attachments:

A motion was made by Council Member Hixson that this Agenda Item be

Approved. The motion PASSED by the following vote.



5 -

Abstain: 0

3. 14-3970 Regulate Discharge of Firearms in the City Limits

ORDINANCE 10-2014 to Regulate Discharge of Firearms in City Limits.pdfAttachments:


McLeroy, that this Ordinance be Approved. The motion PASSED by the

following vote.



5 -

Abstain: 0


Store(s)


ORDINANCE 12-2014 Growler.pdfAttachments:


Hixson, that this Ordinance be Tabled for Policy Work Session, due back on

12/15/2014. The motion PASSED by the following vote.



5 -

Abstain: 0

8. 14-3963 Towing Vehicles for Sale in Restricted Locations

ORDINANCE 11-2014 To Prohibit Curbstoning.pdfAttachments:

A motion was made by Mayor Pro Tem Shewbert, seconded by Council

Member Newton, that this Agenda Item be Approved. The motion PASSED by

the following vote.



5 -












Abstain: 0

10. 14-3968 Parking Deck Design

Small Forsite Library Parking Deck.pdfAttachments:

This item was discussed and removed from the agenda. No further needed at

this time.

Adjourn in memory ofL.

14-3982 Proclamation Honoring Deceased Resident Edwin

Moulder

PROCLAMATION - Edwin MoulderAttachments:

Signed by _________________________________Mayor Bucky Johnson

Attest: _______________________________ Monique Lang, City Clerk







6:30 PM

City of Norcross


Norcross, GA 30071

2nd Floor Conference Room

Policy Work Session

Mayor Bucky Johnson


Council Member Craig Newton



Council Member Charlie Riehm


December 15, 2014Policy Work Session Meeting Minutes - Draft

ROLL CALL

Mayor Bucky Johnson, Council Member Charles Riehm, Council Member

Craig Newton and Council Member Andrew HixsonPresent 4 -

Mayor Pro Tem Keith Shewbert and Council Member David McLeroyAbsent 2 -

Citizen Input

General Updates

Council - General Discussion

Board Appointments

PH. 14-3986 Proposed Moratorium on Issuance of Special Use

Permits for Pawn Shops, Title Pawns, and Check

Cashing Facilities

spcial use moratorium request (3)

Proposed Text AmendmentAttachments:

This matter was Moved to the Work Session, due back on 01/05/2015

PH. 14-3983 REZ2014-0004, R-65 to RM-6 (PRD)

REZ2014-0004 staff report for MC policy



Attachments:


1. 14-3892 Pinnacle Park Concept Plan Review

Memo - C.Mims

Pinnacle Park Concept Overall (3) 8-18-14.pdfAttachments:

This matter was Moved to the Policy Work Session, due back on 01/20/2015

2. 14-3984 Community Garden Concept Plan

Memo - C.Mims

Community Garden Concept Plan 12-03-14Attachments:

This matter was Moved to the Policy Work Session, due back on 01/20/2015

3. 14-3981 Renaming of the KaBOOM Park

Memo - C. Mims.pdfAttachments:

This matter was Removed from the agenda










December 15, 2014Policy Work Session Meeting Minutes - Draft

4. 14-3859 PIB/Holcomb Bridge Gateway Overlay (Revised)

PIB-HBR Overlay Memo and Draft OrdinanceAttachments:



Store(s)


Growler Oridnance 12-2014 (Separate Growler Only no growler license for other l.pdfAttachments:


6. 14-3911 2015 Qualifying Fees

Memo - M. Lang.pdf

2015 Qualifying Fee Notice (City) (2).pdfAttachments:


7. 14-3985 Budget Amendment Request for the Georgia Tech

Immigrant Integration Project

Budget AmendmentAttachments:


Adjourn to Executive Session for Personnel, Real Estate or Legal

Signed by: ___________________________________ Mayor Bucky Johnson

Attest: _________________________________ Monique Lang, City Clerk










Title: Acceptance of the Agenda

Sponsors:

Indexes:

Code sections:

Attachments:


TitleAcceptance of the Agenda

MotionMotion to accept the agenda as presented with the following items being movedto discussion:






Status:Type: Recognition Agenda Ready



Title: Recognition of Councilmember Keith Shewbert

Sponsors:

Indexes:

Code sections:

Attachments: Proclamation Keith.pdf


TitleRecognition of Councilmember Keith Shewbert



Office of the Mayor City of Norcross, Georgia

PROCLAMATION

Councilmember Keith Shewbert

WHEREAS, Keith Shewbert, has adeptly served this community for many years in numerous capacities, including two terms as a member of the City Council; and

WHEREAS, his years of service have been marked by exemplary dedication to the best interests of the community, and he has worked constantly for the betterment of its economic, cultural and aesthetic development; and

WHEREAS, the city of Norcross has benefited greatly because of his particular interest and work in the area of Economic Development; and

WHEREAS, through the performance of his duties and responsibilities as a member of the City Council, he has made excellent and constructive contributions to municipal government in our City; and

WHEREAS, Keith Shewbert, has earned the admiration and high regard of those with whom he has come into contact and of his fellow public servants;

NOW THEREFORE BE IT PROCLAIMED that the Mayor and Council do hereby express our sincere appreciation and thanks to Keith Shewbert for his distinguished service to the community, and highly commend him for the manner in which has carried out his duties and responsibilities.

IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed. This fifth day of January 2015.

Bucky Johnson, Mayor

Attest: Monique Lang, City Clerk







Title: Inauguration of Council Member David McLeroy

Sponsors:

Indexes:

Code sections:

Attachments: oath of office - McLeroy.pdf


TitleInauguration of Council Member David McLeroy



City of Norcross

Oath of Office


“I, David McLeroy, do solemnly swear (or affirm) that I will faithfully perform the duties of Council Member of the City of Norcross, Georgia, and that I will support and defend the Charter and Code thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.”

“I, David McLeroy, swear (or affirm) that I am not incumbent in any office of trust under the government of the United States, any other state, or any foreign state which by the laws of the State of Georgia, I am prohibited from holding and should I seek such, my resignation from office shall be instanter;”

I, further swear (or affirm) that I am not the holder of any unaccounted for public money due this or any other State or political subdivision or authority thereof;”

I, further swear (or affirm) I am qualified to hold the office for which I have been elected, and for so long as I am serving as a Council Member of the City of Norcross, Georgia, I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States of America and the Constitution of the State of Georgia, and I will faithfully perform and discharge the duties of my elected office, conscientiously and without malice or partiality, to the best of my ability;”

So Help Me God.

January 5, 2015

Chief Magistrate Judge Kenneth Wickham








Title: Inauguration of Council Member Andrew Hixson

Sponsors:

Indexes:

Code sections:

Attachments: oath of office - Hixson.pdf


TitleInauguration of Council Member Andrew Hixson



City of Norcross

Oath of Office


“I, Andrew Hixson, do solemnly swear (or affirm) that I will faithfully perform the duties of Council Member of the City of Norcross, Georgia, and that I will support and defend the Charter and Code thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.”

“I, Andrew Hixson, swear (or affirm) that I am not incumbent in any office of trust under the government of the United States, any other state, or any foreign state which by the laws of the State of Georgia, I am prohibited from holding and should I seek such, my resignation from office shall be instanter;”



So Help Me God.

January 5, 2015









Title: Inauguration of Council Member Josh Bare

Sponsors:

Indexes:

Code sections:

Attachments: oath of office - bare.pdf


TitleInauguration of Council Member Josh Bare



City of Norcross

Oath of Office

Council Member Josh Bare

“I, Josh Bare, do solemnly swear (or affirm) that I will faithfully perform the duties of Council Member of the City of Norcross, Georgia, and that I will support and defend the Charter and Code thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.”

“I, Josh Bare, swear (or affirm) that I am not incumbent in any office of trust under the government of the United States, any other state, or any foreign state which by the laws of the State of Georgia, I am prohibited from holding and should I seek such, my resignation from office shall be instanter;”



So Help Me God.

January 5, 2015









Title: Appointment of Mayor Pro Tem for 2015

Sponsors:

Indexes:

Code sections:

Attachments:


TitleAppointment of Mayor Pro Tem for 2015

MotionA motion to appoint Councilmember __________ as Mayor Pro Tem for 2015.






Status:Type: Swearing In Agenda Ready



Title: Swearing in of Officer Nikolaus Swancott

Sponsors:

Indexes:

Code sections:

Attachments: Oath - Swancott.pdf


TitleSwearing in of Officer Nikolaus Swancott



Oath of Office

I, Nikolaus Swancott, swear (or affirm) that I am not incumbent in any office of trust in this State, of the United States or of any foreign State and should I seek such, my separation herefrom shall be instanter; I further swear (or affirm) that I am not the holder of any public monies due this or any other State or political subdivision unaccounted for; I swear (or affirm) I am qualified to hold the office to which I am appointed, and for so long as I am employed with the City of Norcross Police Department, I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States of America and the Constitution of the State of Georgia, and I will faithfully perform and discharge the duties of my position, conscientiously and without malice or partiality, to the best of my ability; I further swear (or affirm) to obey, to adhere to, to uphold and to enforce the laws of the United States of America, of the State of Georgia, and of the City of Norcross at all times; So Help Me God. _______________________________ Officer’s Signature ____________________________________ Administrator’s Signature Title and Name of Administrator _____________________________________________________ Date Notary Public

N O R C R O S S P O L I C E D E P A R T M E N T CH I E F W A RRE N SUM M E R S

65 Lawrenceville Street, Norcross, Georgia 30071 ~ 770-448-2111 ~ www.norcrosspd.com




Status:Type: Swearing In Agenda Ready



Title: Swearing in of Officer Lisa Berry

Sponsors:

Indexes:

Code sections:

Attachments: Oath - Berry.pdf


TitleSwearing in of Officer Lisa Berry



Oath of Office

I, Lisa Berry, swear (or affirm) that I am not incumbent in any office of trust in this State, of the United States or of any foreign State and should I seek such, my separation herefrom shall be instanter; I further swear (or affirm) that I am not the holder of any public monies due this or any other State or political subdivision unaccounted for; I swear (or affirm) I am qualified to hold the office to which I am appointed, and for so long as I am employed with the City of Norcross Police Department, I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States of America and the Constitution of the State of Georgia, and I will faithfully perform and discharge the duties of my position, conscientiously and without malice or partiality, to the best of my ability; I further swear (or affirm) to obey, to adhere to, to uphold and to enforce the laws of the United States of America, of the State of Georgia, and of the City of Norcross at all times; So Help Me God. _______________________________ Officer’s Signature ____________________________________ Administrator’s Signature Title and Name of Administrator _____________________________________________________ Date Notary Public

N O R C R O S S P O L I C E D E P A R T M E N T CH I E F W A RRE N SUM M E R S

65 Lawrenceville Street, Norcross, Georgia 30071 ~ 770-448-2111 ~ www.norcrosspd.com





File created: In control:12/9/2014 Work Session


Title: Proposed Moratorium on Issuance of Special Use Permits for Pawn Shops, Title Pawns, and CheckCashing Facilities

Sponsors:

Indexes:

Code sections:

Attachments: spcial use moratorium request (3)

Proposed Text Amendment


Policy Work Session12/15/2014 1

TitleProposed Moratorium on Issuance of Special Use Permits for Pawn Shops,Title Pawns, and Check Cashing Facilities

DrafterJon Davis

MotionA motion to Approve a Moratorium on the Issuance of Special Use Permits forPawn Shops, Title Pawns, and Check Cashing Facilities.



MAYOR BUCKY JOHNSON · COUNCILMAN ROSS KAUL · COUNCILMAN DAVID MCLEROY · COUNCILMAN CRAIG NEWTON

COUNCILMAN CHARLIE RIEHM · COUNCILMAN ANDREW HIXSON · CITY MANAGER RUDOLPH SMITH · CITY CLERK SUSAN B. WUERZNER __________________________________________________________________________________________________

December 4, 2014

Rudolph Smith City Manager, City of Norcross 65 Lawrenceville Street Norcross, Georgia 30071 RE: Special Use conditions for Pawn Shops, Title Pawns, and Check Cashing facilities Dear Mr. Smith: As you know the Special Use Permit application for Big Deal Pawn exposed a weakness in our special use requirements. When I got into the research I found there were no actual conditions for the special use permit. This was a source of issues with the public and our Mayor and Council. My proposal is to place a moratorium on the issuance of any new special use permits for pawn shops for a period of 90 days. This will give me the time to draft an ordinance revision to put some teeth into the special use permit and get it through the legislative process. My plan is to have a draft of the ordinance for the 12/15/2014 Policy Meeting. I would hope that we could have a final text amendment addressing this issue by the 1/5/2015 regular meeting of the Council. I have attached a moratorium request to this letter. Sincerely,

Jon M. Davis, RLA, LEED AP

Community Development Director

65 LAWRENCEVILLE STREET, NORCROSS, GEORGIA 30071 (678) 421-2027 UPSTAIRS CITY HALL (770) 242-0824 FAX (770) 448-2111 POLICE DEPARTMENT

http://www.norcrossga.net

Proposed Text Amendment Sec. 115-84. - C2, General business district Replace Item 5-e in its entirety

e. Pawn shops, title loan and check cashing facilities. With the following:

e. Pawn shops and brokers, title pawn shops and check cashing businesses provided the following:

a. No pawnshop/broker, title pawn shop or check cashing business shall be licensed or operated within 1,000 feet of any residential zoning district, public or private school or college, church or other place of worship, library, daycare facility, public park or playground, massage establishment, tattoo studio, existing pawnshop, title pawnshop, check cashing or adult entertainment establishment. For purposes of this requirement, distance shall be measured by the most direct route of travel on ground and shall be measured in the following manner:

i. From the main entrance of the proposed pawn shops/broker, title pawn, or check cashing establishment; ii. In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; iii. Along such public sidewalk, walkway, street, road or highway by the nearest route; iv. To the main entrance of the existing establishment identified above.







Title: REZ2014-0004, R-65 to RM-6 (PRD)

Sponsors:

Indexes:

Code sections:

Attachments: REZ2014-0004 staff report for MC policy





Planning and Zoning12/3/2014 1

TitleREZ2014-0004, R-65 to RM-6 (PRD)

DrafterJon Davis

MotionA motion to Approve or Deny rezoning case number REZ2014-0004 from R-65to RM-6 with the following conditions:

1. The project shall be developed in accordance with the site plan by ForsiteGroup dated 11/5/2014.2. The Developer will construct the proposed trail system utilizing perviouspaving material.3. The proposed homes shall be consistent with the Architectural and SiteDesign Standards of the City of Norcross. The size and styles shall beconsistent with the applicant’s report of 2500 sf homes, two car garages, with amix of basement and slab construction.4. The community shall have a mandatory Homeowners Association which willmaintain the public areas of the site including the trail system, rain garden,gazebo and all preserved open space.5. The Developer will comply with the requirements of the City’s sitedevelopment ordinances.



File #: 14-3983, Version: 1



City of Norcross Mayor & Council Policy Meeting-December 15, 2014 Page 1

REZ2014-0004

Action Rezoning Request R75 to RM-6 (PRD) Property Location 450-480 Hunter Street Petitioner Musah Lotallah 515 Spring Gate Lane Alpharetta, GA 30009 Petitioner’s Request Rezoning from R-65 to RM-6 (PRD) Single Family

Detached Residential Vicinity Map

The subject parcel (6254 041,092,083) is located on 450-480 Hunter Street. The applicant is proposing the rezoning of the site from R-65 to RM-6 (PRD) for the development of 14 single family homes.

PROJECT SITE


Zoning

The existing zoning for the subject parcel (6253 041,092,083) is R-65. The adjacent parcels are zoned R-75, R-65, and RM-6. The site is currently occupied by one home on parcel 6253 041 at 450 Hunter St. The driveway and foundation remnants of a smaller home on 6253 083, 480 Hunter St., also are present.

In accordance with section 115-316, referencing procedures in section 115-310 and 115-311 in the zoning ordinance, this rezoning request requires a public hearing. The rezoning application initially requires review and recommendation for approval by the Planning and Zoning Board. All public hearings shall be conducted in accordance with the Georgia Open Meetings Law (O.C.G.A. § 50-14-1 et seq.). Site Analysis The parcel indicated on the map above, outlined in red, is zoned R-65 and has an existing residence. The adjacent properties on the same block are in a variety of zones. The immediately adjacent lot on the south is zoned RM-6 (Hunter Hall) a Planned Residential Development of 12 homes. The residential lots on the North side are zoned R-65. Directly across Hunter Street is a development of R-65 lots (Old Norcross Glen). On the Northwest side of the site is a single lot zoned R-75 and the property to its immediate Northwest side is zoned RM-6. The following photos were taken on the property.

R-65

RM-6

R-75

R-65 RM-6

PROJECT LOCATION


Property on North Side Existing home 450 Hunter

450 Hunter Frontage Looking North

Old Norcross Glen across Hunter from Site The site consists of 3 parcels totaling 3.193 acres. Under the existing R-65 zoning the allowable density would be 6DU/acre which would allow the development of 16 to 19 homes depending upon site conditions. The proposed solution, developed as a Planned Residential Community, under the RM-6 category is density neutral and allows the development of 14 homes with a major open space component which comprises 60% of the total site. The project is an excellent example of environmentally responsible infill development.


The property has a stream on its northern and eastern borders. These streams each require a 25’ state buffer which is to be undisturbed and an additional city buffer that is 25’ undisturbed and 25’ where no impervious surface is allowed. The plan as designed should not impact those buffers. The Applicant is proposing a trail system with a pervious walking surface within the 25’ city buffer outside of the undisturbed state and city buffer areas.

The plan calls for the development of a rain garden collection area within the green space in the central island. The road will be designed to direct runoff into the central island where it can be collected in a rain garden, percolate into the soil, and handle the water quality for the runoff as well as creating a special amenity for the community. The entry road is a one way traffic flow with an 18’ wide lane and a wide turning area with space for on street parking at the Community Park. The park serves as a terminus for the view into the site and is the entry for the trails in the green area. Below are examples of the proposed homes for the community. The Applicant is proposing homes that vary in architectural style and finish. The homes will be a maximum of 30’ wide and around 2500sf in area. All will have two car garages and 7-8 of them will have daylight basements.


Staff Recommendation The applicant is requesting the approval of a request for rezoning to RM-6 Planned Residential Development. RM-6 Planned Residential Development is consistent with Hunter Hall adjacent to the south side of the site and the proposed density is in keeping with the single family density of the surrounding area. The site is 3.193 acres in area with the development of the property there will be a total of 14 single family detached units with 55% of the site in retained open space with an additional 5% of the site in green space within the proposed rain garden and the community amenity area with an entry arbor and gazebo. The Staff recommendation is to approve this request with the following conditions:

1. The project shall be developed in accordance with the site plan by Forsite Group

dated 11/5/2014. 2. The Developer will construct the proposed trail system utilizing pervious paving

material.


3. The proposed homes shall be consistent with the Architectural and Site Design Standards of the City of Norcross. The size and styles shall be consistent with the applicant’s report of 2500 sf homes, two car garages, with a mix of basement and slab construction.

4. The community shall have a mandatory Homeowners Association which will maintain the public areas of the site including the trail system, rain garden, gazebo and all preserved open space.

5. The Developer will comply with the requirements of the City’s site development ordinances.

Please see attached notes from the Planning Commission meeting where this project was heard. The project received a 5-0 decision to approve.


Here are the discussion points from the December 2014 Norcross Planning and Zoning Commission Meeting. Only one item on agenda: REZ2014-0004 REZ2014-0004 Additional Background not Included in Rezoning request Packet

• Applicant approached the City to ask about rezoning. City suggested the RM-6 approach.

• Rezoning from R-65 to RM-6 to accommodate the stream buffer and to be

consistent with development next door which is also RM-6

• Price point of homes is low to mid 300s according to developer o Homes with basement at higher end

Citizen input

• Two citizens spoke, another 12 in audience, that did not speak, that were

part of the family of home being sold

• Concern about water drainage – addressed by developer to satisfaction of citizen

To: Norcross City Council From: Gary Brace CC: Jon Davis Date: 12/4/2014 Re: Notes from December 3rd Meeting


• Concern about parking on Hunter street

o adequate parking inside subdivision o Parking on street a peripheral issue

• Concern about duration of work and impact with equipment in area –

addressed by developer P&Z Discussion and Thinking Points

• Consistent with character area in 2030 Plan

o The sub division is completely consistent with the direction that the City would like to go in that area

• “Density neutral” change from R-65 to RM-6

o So while houses are closer together the total number of houses is

actually less than what the R-65 would allow

• City owned street since fall within definition of cul-de-sac even though retention pond/rain garden in the middle of the street

o One way street on each side of water garden

• Rain garden that will function as a retention pond– the direction that the City would like all retention ponds to go

• P&Z liked the fact that the developer was working closely with the City

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75' IMPERVIOUS CITY BUFFER

50' UNDISTURBED CITY BUFFER

25' STATE W

ATER BUFFER

75' IMPERVIO

US CITY BUFFER

50' UNDISTURBED CITY BUFFER

25' STATE WATER BUFFER

TITLE:

DATE:

JURISDICTION:

DRAWING BY:

PROJECT MANAGER:

SHEET NUMBER:

COMMENTS:

SEAL:

DEVELOPER:

PROJ

ECT:

CONTACT:

DATEREVISIONS

ENGINEER:

Foresite Group, Inc.5185 Peachtree Pkwy.Suite 240Norcross, GA 30092

o | 770.368.1399f | 770.368.1944

w | www.fg-inc.net

SCALE:

JOB/FILE NUMBER:

DEVELOPER NAME#### STREET RD.

CITYTOWN, ST #####(###) ###-####

CONTACT NAME

0

1" = 30'

SCALE IN FEET

30 15 30 60

KENN

EMOR

E MA

NOR

MAST

ERPL

AN ----

NORC

ROSS

, GA

667.001

QL-11 OF 1

<DDAY MONTH 20YY>

1" = 30'

<PMI>

<CAD>

<CITYTOWN, ST>

NOT RELEASED FOR CONSTRUCTION







Title: PIB/Holcomb Bridge Gateway Overlay (Revised)

Sponsors:

Indexes:

Code sections:

Attachments: PIB-HBR Overlay MC 12-15-2014



Referred to thePolicy Work Session10/20/2014 2

Referred to thePolicy Work Session7/21/2014 2

DiscussedPolicy Work Session6/16/2014 1

TitlePIB/Holcomb Bridge Gateway Overlay (Revised)

DrafterJon Davis

MotionA motion to Approve an amendment to Article III. entitled Zoning Districts andUse Provisions of Chapter 115 Zoning of the Code of Ordinances by addingSection 115-95, Peachtree Industrial/Holcomb Bridge Road Gateway Overlaywith the following enacting clause:

The Council of the City of Norcross, Georgia hereby ordains that the adoptedCode of Ordinances is hereby amended as more particularly set forth herein. Itis the intention of the Mayor and the Council, and it is hereby ordained that thefollowing shall become and be made a part of the Code of the City of Norcross,and the Sections of the Code in this Chapter and of this ordinance may berenumbered to accomplish that intention.



Peachtree Industrial/Holcomb Bridge Road Gateway Overlay

Purpose:

To create an overlay ordinance that will enhance the entry to the city from Peachtree Industrial Boulevard along Holcomb Bridge Road utilizing design standards and land use controls that will provide a transition from the more urban character of the Peachtree Industrial Blvd. corridor into the historic areas of the City while maintaining opportunity for growth and economic vibrancy. In addition the overlay will:

1- Encourage the revitalization of older office and commercial areas into pedestrian-oriented developments that provide a complementary mix of uses, including residential options, within convenient walking distance.

2- Encourage efficient land use and redevelopment plans forming a live-work-play environment that offers employees and residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles.

3- Allow and encourage development densities and land use intensities that will allow for making productive use of alternative transportation modes such as bus transit, ridesharing, bicycling, and walking.

4- Encourage formation of a well designed, pedestrian-friendly activity center with high-density mixed use development that increases choices for living environments.

5- Allow flexibility in development standards in order to encourage the design of innovative development projects that set high standards for landscaping, greenspace, urban design, and public amenities.

6- Promote a distinct, unified theme that will reinforce the branding of the City and improve the market attractiveness of the area for investments from the private and public sectors.

7- Provide appropriate incentives to encourage reinvestment and renewal necessary to realize the potential of the Peachtree Industrial/Holcomb Bridge character area, consistent with the city comprehensive plan.

8- Provide for connectivity of streets and sidewalks for improved vehicular and pedestrian circulation and reduce the dependence on automobile uses by increasing the ease of movement and opportunities for alternative modes of travel.

Extent:

The overlay district will extend from the Center line of Holcomb Ridge Road to either side of the road from Peachtree Industrial Blvd. to the intersection with Queen’s Court as shown in the accompanying map.

Permitted Land Uses:

Within the overlay district the base zoning will remain in place. Any uses permitted in the base zoning for sites within the overlay area will be permitted except as noted in the Use Regulations.

Use Regulations:

1- The requirements of the Norcross Architectural and Site Design Standards will apply.

GATEWAY OVERLAY LOCATION

2- Prohibited uses.

a. Adult entertainment.

b. Automotive and/or truck body repair, , alteration, customization, fabrication, and/or restoration.

c. Boat sales establishments.

d. Building, electrical, or plumbing contractors, with the exception of those businesses performing office and administrative functions only.

e. Building material sales with outdoor storage.

f. Equipment rental, sales, or service (including heavy equipment, farm equipment, bulldozers, backhoes forklifts, cranes, etc.).

g. Emissions inspection stations.

h. Extended stay hotels.

i. Funeral homes, mausoleums, and crematories.

j. Heavy equipment and farm equipment sales and service, and truck rental.

k. Lawnmower repair shops.

l. Liquor stores.

m. Log-splitting and storage lots.

n. Manufactured homes.

o. Mobile home or mobile building leasing or sales lots.

p. Machine or welding shops.

q. Mini-warehouse facilities.

r. New and used automobile sales and/or rental along with any auto brokerage uses.

s. Pawnshops; title pawn; check cashing as carried out by nondepository institutions, including industrial loan institutions making loans of $20,000 or less, which are not state, national or federal banks.

t. Pest control businesses that store toxic chemicals on site.

u. Recovered materials processing.

v. Motels that provide outside entries to individual units.

w. Self-service laundries that are principal uses.

x. Tattoo parlors.

y. Taxidermists.

z. Yard trimmings composting. 3- Auto related uses will abide by the following conditions:

a- Gasoline service station pump islands shall have a minimum setback of sixty (60) feet from any street right-of-way or street easement. Unenclosed canopies shall have a minimum setback of fifty (50) feet from any street right-of-way or street easement.

b- Automotive repair, service, wash or other maintenance bays shall be enclosed in structures that do not allow the operations to be seen from the right of way of any public street.

4- No development within the overlay will be allowed more than one parking bay in front of the building with a two way drive Isle on the street frontage.

5- All properties will have a 20 foot deep landscape area with a minimum of a 5 foot width sidewalk along the right of way of the adjacent street.

Development Guidelines

1- Multifamily dwellings. a. Minimum building height: two floors/stories. b. Ground floor residential units that face a street shall have entrances with a stoop or porch between the sidewalk and building facade. c. If located in a mixed-use building, the following standards apply to the residential portion of the building:

1. Residential portion shall have at least two entrances/exit ways to the ground floor that are separate from the entrances/exit ways used by occupants of nonresidential portions of the building. 2. Primary entrance for the residential portion of the building shall be clearly visible from the street and shall face the street. If a building fronts more than one street, the primary entrance shall face the street with the highest classification.

d. Buildings containing multifamily dwellings shall be constructed in substantial conformity with the district guidelines. e. Multifamily dwellings in shall be subject to approval of a special use permit and shall be part of a mixed-use development that contains no more than 200 multifamily dwellings.

2- Mixed-use buildings. a. Ground floor commercial uses located in a mixed-use building shall have entrances opening directly onto the sidewalk adjacent to the street or to a common area connected to the street. b. No more than 70 percent of the gross floor area of a mixed-use project may consist of multifamily residential uses.

3-Parking structures. a. Aboveground decks of parking structures shall be designed so that the only openings at street level are those to accommodate vehicle entrance and pedestrian access to the structure. Any openings for ventilation, service, or emergency access located on the first floor level in the building facade must be decorative and must be an integral part of the overall building design or screened from view with landscaping that is at least ten feet in height. See Figure A.7.1 of the district guidelines. b. The balance of the street frontage of the aboveground decks of a parking structure shall be occupied by retail/office space or designed with exterior materials, structural elements, and external openings having proportions similar to those of upper floors of occupied buildings.

External openings shall be screened with decorative elements, such as grill-work, brick, or louvers. c. Aboveground decks of parking structures that have a total length or width of 250 feet or more shall provide a lighted and signed ten-foot-wide pedestrian arcade passing completely through the parking structure near the midpoint of the longest side and connecting with other sidewalks leading to adjacent buildings and to the surrounding streets.

4- Outdoor seating. Outdoor seating for restaurant service is permitted in the Gateway Overlay district provided that such seating meets all of the following conditions:

a. All outdoor seating facilities shall not obstruct a six-foot wide clear zone reserved for pedestrian passage along the public sidewalk. b. Outdoor seating areas shall be approved by the Fire Marshal and shall not obstruct fire exit ways.

5- Building services. a. Off-street loading and servicing areas shall be located to the rear of all buildings or screened from public view by a combination of opaque walls, fences and landscaping. Walls and fences shall be constructed of materials and colors that are compatible with those of the principal building facade. b. Access ways and loading areas used for delivery trucks, service vehicles, and driveway and loading areas for garbage trucks shall provide safe means of ingress and egress from public streets such that delivery vehicles and garbage trucks are not required to back into streets classified as boulevards, thoroughfares, or avenues. c. All access ways and loading areas shall provide a minimum horizontal and vertical clearance of 14 feet at all points. d. Dumpsters shall not be located in any required front yard. Dumpsters shall be placed on a concrete pad of sufficient size and strength to support service vehicles without failure. Dumpsters that would be visible from a public street or from abutting or adjacent property shall be completely screened from such visibility by an opaque wall that is a minimum of six feet in height, but not less than the height of the dumpster. Service access shall be via an opaque metal gate.

e. Mechanical equipment located at ground level and roof level shall be screened from view from all streets and public rights-of-way with screening walls or landscaping. f. Screening walls for dumpsters, loading docks, and mechanical equipment shall be constructed of materials that are compatible with those of the principal building facade.

6- Transit passenger shelters.

Transit passenger shelters and related access areas shall:

a. Be in a location approved by Gwinnett Transit System; and b. Include a canopy, hard surface floor, signs, and landscaping that is approved by the Gwinnett Transit System and is in accordance with the City of Norcross Redevelopment Area Guidelines.

7- Access Easements and Interparcel Access

Inter-parcel access, joint driveways, cross-access drives and cross access easements shall be provided, as follows, except where the Director of Community Development determines that they are not feasible due to topographic or other constraints: a- Abutting non-residential or mixed use developments on major thoroughfares, boulevards or

avenues shall provide shall provide cross access drive and sidewalks to allow circulation between sites.

b- Where Joint driveways and cross access easements are established the building sites shall incorporate the following: 1- Continuous access drives connecting all parcels along the street frontage; 2- A two way travel isle of a minimum 20 foot width with a design speed of 15 MPH to

accommodate automobiles and service vehicles; and 3- Driveway aprons, stub outs, and other design features to show where the abutting

properties will connect into the inter parcel access system.

8- Connectivity

a- Interconnected network.

It is the intent of this section that the public access ways, walkways, transportation facilities, and improvements in the RAOD contribute to an interconnected and continuous network providing convenient vehicular and pedestrian access to abutting properties. The design of developments and related public improvements shall provide for maximum connections for autos, pedestrians, bicycles, and public transportation to offsite and on-site attractions, such as concentrations of employment, shopping, housing and community services, public parking, parks, and public facilities.

b- Vehicular connectivity.

1. Streets shall be constructed to create an interconnected system of grid-patterned streets.

2. No street may be longer than 600 feet without an intersection with another street.

3. Cul-de-sacs are prohibited, except where approved following review and approval by the Director of Community Development due to unusual site conditions such as steep topography, streams, lakes, floodplains, wetlands or stream crossings, safety hazards, or other unusual property development or access constraints.

4. Right-of-way and design of the new streets shall meet applicable requirements provided in subsection (m) of this section and the district guidelines. Each new street shall connect at least two other streets.

5- Access to the new streets shall not be gated.

c- Pedestrian connectivity.

1. Sidewalks and other pedestrian walkways within a development shall be constructed of materials that distinguish them from paved surfaces used by motorized vehicles.

2. Safe, convenient, and continuous pedestrian walkways shall be provided:

(a) Between building entrances for all buildings in the same block.

(b) Along both sides of the street frontage of all streets.

(c) Through parking lots and parking structures at regular intervals connecting to building entrances and the public sidewalks on surrounding streets.




Status:Type: Ordinance Tabled in Council



Title: Change in Alcohol Ordinance to Provide for Growler Store(s)

Sponsors:

Indexes:

Code sections:

Attachments: Memo - Councilman Riehm.pdf

ORDINANCE 12-2014 Growler Final Proposal



Mayor and Council12/1/2014 1

Work Session12/1/2014 1

Moved to thePolicy Work Session11/17/2014 1

TitleChange in Alcohol Ordinance to Provide for Growler Store(s)

DrafterCouncilman Riehm

MotionA motion to Approve an amendment to Article II entitled Malt Beverages andWine of Chapter 4 entitled Alcoholic Beverages of the Code of Ordinances byadding certain definitions to Section 4-29, and adding a new section 4-55,entitled “Growlers”, and amending Section 4-82 in its entirety with the followingenacting clause:

The Mayor and City Council of the City of Norcross, Georgia, hereby ordains thatthe adopted Code of Ordinances, is hereby amended as more particularly setforth below. It is the intention of the Mayor and City Council, and it is herebyordained that the following provisions shall become and be made a part of theCode of the City of Norcross, and the Sections in the Code in the Ordinance berenumbered to accomplish that intention.



MEMO

TO: Mayor and City Council

FROM:

DATE:

Councilman Riehmn

11/11/2014

SUBJECT: Proposed Change to Alcohol Ordinance “The Growler Shop is a specific type of beer sales outlet. They specialize in the sale of locally produced craft beers from independent small local brewers. A Growler Shop will have a number of taps, sometimes 35-40 that each are dedicated to a specific brand of beer. The customer purchases a personal small keg, which is called a Growler, and they come to the Shop and purchase their beer selection. With each purchase the shop may either sterilize the customer’s personal growler or exchange it for one that is full of the beer of choice.

A Growler Shop will have tasting events where customers can come and try selections of craft beers but they do not generally sell beer for on site consumption. The retail element of the stores can have various sized Growler containers, Home Brewing Kits, and or possibly some food items. The basic business is the sale of the beer to be consumed off site by the purchaser. The Growler Shop is licensed under a sub-heading to the Alcohol Ordinance which has a much lower retail/food element than a restaurant or bar would have. I am enclosing an example of a good ordinance from Flowery Branch. It is simple and to the point.

65 LAWRENCEVILLE ST., NORCROSS, GEORGIA 30071 (678) 421-2069 FAX (770) 770-255-2335

http://www.norcrossga.net

ORDINANCE NO. 12- 2014

An Amendment to the City Code of Ordinances To Provide for the Licensing and Regulation of Refillable Growlers Where Sold in the City of Norcross, Georgia, and for

Other Purposes as Stated Herein:

WHEREAS, the Code of Ordinances of the City of Norcross does not currently provide for the licensing and regulation of refillable Growlers to be sold in the City of Norcross, Georgia; and

WHEREAS, the Mayor and Council of the City of Norcross have determined that it is in the best interests of the City that Chapter 4 of the Code of Ordinances of the City of Norcross be amended to provide for the licensing and regulation of refillable Growlers to be sold in the City of Norcross, Georgia and for other purposes as stated herein; and

NOW THEREFORE, the Mayor and Council hereby amend Article II of Chapter 4 of the Code of Ordinances as is more particularly set forth below:

Ordinance No. 12-2014

An Amendment to the City Code of Ordinances

CHAPTER AND PURPOSE Chapter 4, Alcoholic Beverages.

ENACTING CLAUSE. The Mayor and City Council of the City of Norcross, Georgia, hereby ordains that the adopted Code of Ordinances, is hereby amended as more particularly set forth below. It is the intention of the Mayor and City Council, and it is hereby ordained that the following provisions shall become and be made a part of the Code of the City of Norcross, and the Sections in the Code in the Ordinance be renumbered to accomplish that intention. I. Amendment. Article II entitled “Malt Beverages and Wine” of Chapter 4 entitled

“Alcoholic Beverages ” of the Code of Ordinances of the City of Norcross shall be amended by adding certain definitions to Section 4-29, and adding a new section 4-55, entitled “Growler Shops”, and amending Section 4-82 in its entirety, as follows:

A. By adding the following definitions to Section 4-29, entitled “Definitions,” to be

inserted and arranged alphabetically with the existing definitions in Section 4-29, as follows:

Growler Shop –means an entity operating under a current proper Growler Shop License and producing a minimum 75% of its revenue from beer and wine sales.

Growler Shop License – means the license issued by the City of Norcross which allows under certain conditions the filling of reusable containers commonly

referred to as Growlers on the premises of the Licensee, as defined herein. Approved closure - means a cork, stopper or twist type enclosure with shrink wrap seal forming a leak proof sanitary seal for a Growler. Growler – means a properly sanitized, reusable plastic or glass container capable of holding no more than 64 fluid ounces and which shall be capable of being sealed with an approved closure type at the time of purchase for off premises consumption of the contents.

Premises means one or more rooms, all contiguous in nature, operating under the same trade name and sharing a common entrance.”

B. By adding the following Section 4-55:

Section 4-55. – Growler Shops (a) Growler Shop License – Any applicant for or holder of a valid liquor license in the City of Norcross shall also be eligible for a Growler Shop License upon approval of the Licensee and payment of an additional regulatory fee as provided in Section 4-83. (b) Growlers may only be filled with beer or malt beverages from kegs procured from duly licensed wholesalers. (c) It shall be the responsibility of the individual or entity filling the Growler to sanitize such Growler prior to filling. The licensee must comply with Georgia Department of Agricultures’ General Rules 40-7-1-.40 requiring a “contamination free” transfer process for beverages and the use of washed, rinsed and sanitized Growler fill tubes, which much be cleaned between each use and must comply with Georgia Department of Agriculture Best Management Practices for Growler Refilling. (d) Each Growler must be securely sealed and removed from the premises in its original sealed condition utilizing an Approved Closure. At the time of sale and/or refilling, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container and extend over the top of the Approved Closure forming a tamper evident seal that must be broken upon opening of the container. The adhesive band, strip, or sleeve shall bear the name and address of the business filling the Growler and the contents of the container must be displayed prominently on the container. (e) The Licensee must comply with all federal and state laws and regulations regarding packaging and labeling alcoholic malt beverages. Each Growler filled with a beer or malt beverage must contain the following warning which may be printed on the paper or plastic adhesive band, strip or sleeve that is applied to the

container after filling or which may be affixed separately to the container on a preprinted label as follows:

“Government Warning” (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.”

(f) Growler Shops shall be authorized to offer without charge, samples of beer or malt beverages to patrons over the age of twenty-one (21) years. Samples shall not exceed two (2) ounces in volume nor shall any one (1) individual be offered more than four (4) samples, within a twenty-four (24) hour period. It shall be the responsibility of the Licensee and each employee to comply with the identification requirements set forth herein prior to filling a Growler or supplying a sample to a patron to ensure the patron is of legal age to purchase and consume alcoholic beverages.”

C. By deleting Section 4-82 in its entirety and substituting the following in lieu thereof:

“Sec. 4-82 – Required. Each growler shop, retail consumption dealer, retail package dealer and each wine specialty shop, as such terms are defined in section 4-29 above, shall be required to obtain a license from the City Council upon the terms and conditions of this article.”

III. Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any ordinance, section, subsection, paragraph, subdivision or clause of this ordinance. IV. Repealer. All ordinances or parts thereof which are in conflict with any provision or any section, subsection, paragraph, subdivision or clause of this ordinance is hereby repealed to the extent of the conflict.

IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed, this the _____ day of ___________, 2014.

_____________________________ Bucky Johnson, Mayor

ATTEST: _________________________ Monique Lang, City Clerk







Title: 2015 Qualifying Fees

Sponsors:

Indexes:

Code sections:

Attachments: Memo - M. Lang.pdf

2015 Qualifying Fee Notice (City) (2).pdf



Title2015 Qualifying Fees

DrafterMonique Lang

MotionA motion to Approve the 2015 Qualifying Fees as presented.



Memorandum

To: Mayor and Council

From: Monique Lang, Elections, Superintendent

Date: 12/4/2014

Re: Qualifying Fees

Each year that an election is to be held, Mayor and Council must set the qualifying

fees for that election. I have attached the advertisement that will be published for

your approval.

STATE OF GEORGIA

CITY OF NORCROSS

QUALIFYING FEE NOTICE

Pursuant to O.C.G.A. §21-2-131 (a)(1), the following qualifying fees were set

by the City of Norcross Mayor and Council in the January 5, 2015 Regular Council

meeting:

Mayor $__310.50__

Councilperson $__243.00__

Qualifying for the offices listed above will begin at 8:30 a.m. on ___August

24, 2015 and will end at 4:30 pm on ___August 28, 2015. The General Election will

be held on November 3, 2015.

Election Superintendent

City of Norcross







Title: Budget Amendment Request for the Georgia Tech Immigrant Integration Project

Sponsors:

Indexes:

Code sections:

Attachments: Budget Amendment



TitleBudget Amendment Request for the Georgia Tech Immigrant IntegrationProject

DrafterMayor Johnson

MotionA motion to Approve a budget amendment for the Georgia Tech ImmigrantIntegration Project in the amount of $10,000 allocated from Prior Year Funds.



Date Submitted: 12/9/2014

Department Transfer From Fund Line Item #

Line item Description

Amount Transferred

Amount Transferred To Division Line Item #

Line item Description

General Fund 100 38.9500 Budgeted Fund $ (10,000.00) $ 10,000.00 100 5.7500.52.1305 Professional Serv- Georgia Tech ImmigrantBalance Other

Total (10,000.00)$ 10,000.00$

Date Approved:

2014 Budget Amendments

city of norcrosscityofnorcross.com/wp-content/uploads/2015/01/010515councilmeeting.pdfmayor and...

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