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Agenda Packet CC - 06/24/2015 - Special Called City Council Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Wednesday, June 24, 2015 Special Called Council Meeting Agenda 5:00 PM CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-169) 4) PUBLIC COMMENT 5) NEW BUSINESS 1. Consideration of a Resolution of the Milton City Council Enacting an Emergency 30-Day Moratorium on Acceptance of Applications for Sign Permits and Enforcement of the City Sign Ordinance with Respect to Signs That Do Not Require Permits. (Agenda Item No. 15-170) (Ken Jarrard, City Attorney) 6) ADJOURNMENT (Agenda Item No. 15-171) HOME OF ` ivt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 23, 2015 FROM: City Manager AGENDA ITEM: Consideration of A Resolution of the Milton City Council Enacting An Emergency 30 -Day Moratorium on Acceptance of Applications for Sign Permits and Enforcement of the City Sign Ordinance with Respect to Signs That Do Not Require Permits. MEETING DATE: Wednesday June 24, 2015 Special Called City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V) YES O NO CITY ATTORNEY REVIEW REQUIRED: "\ YES () NO APPROVAL BY CITY ATTORNEY Y) APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 {o2%4 is REMARKS I QA © yougm _ *** PHONE: 678,242.25001 FAX: 678.242.2499 Green ; �«,f,� ; °o'0° info@cltyofmiltonga.usIwww.cityofmiltonga.us W11-111IFICommunity ; Shu 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 '��'ac STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 1 A RESOLUTION OF THE MILTON CITY COUNCIL ENACTING AN EMERGENCY 30-DAY MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR SIGN PERMITS AND OTHERWISE PROHIBITING THE ERECTION OF SIGNS THAT DO NOT REQUIRE A PERMIT, EXCEPT FOR TEMPORARY STANDARD INFORMATION SIGNS WHEREAS, the City of Milton Sign Code (“Sign Ordinance”) currently regulates the use of signage throughout Milton, Georgia (“City”); and WHEREAS, on June 18, 2015, the United States Supreme Court adopted sweeping restrictions on government regulation of signs in Reed v. Town of Gilbert, 2015 WL 2473374 (June 18, 2015) (“Reed decision”) in which one Justice noted “thousands of towns have such ordinances … and courts will have to invalidate one after the other”; and WHEREAS, the City Council for the City of Milton (“Milton”) has asked the City Attorney to evaluate the impact of the Reed decision and whether any revisions need to be made to the City’s Sign Ordinance in order to satisfy the requirements set forth in the Reed decision; and WHEREAS, the Council desires to continue to protect the interests of public health, safety and welfare (including, but not limited to, traffic safety and aesthetics) while the Council considers the impact of the Reed decision; and WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to application of a zoning ordinance may be put in place for a reasonable period of time without the necessity of complying with the notice requirements of the Georgia Zoning Procedures Law; and WHEREAS, the Council finds it appropriate that a moratorium barring for 30 days the acceptance of applications for sign permits pursuant to the City’s Sign Ordinance and further barring for 30 days the erection of any signage that otherwise is exempt from permitting under the City’s Sign Ordinance, provided, however, that temporary standard informational signs under 64-2302(1)(a)(2) shall be allowed during the moratorium period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 1. The Milton City Council does hereby enact a moratorium barring for 30 days the acceptance of applications for sign permits pursuant to the City’s Sign Ordinance and further barring for 30 days the erection of any signage that otherwise is exempt from permi tting under the City’s Sign Ordinance, provided, however, that temporary standard informational signs under 64-2302(1)(a)(2) shall be allowed during the moratorium period. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 2 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 30 days from the date of adoption of this Resolution; (2) approval by the Milton City Council of an additional moratorium after a public hearing; (3) the adoption of an amendment of the current City Sign Ordinance; or (4) Council action terminating the moratorium within the 30 day period. 3. This Resolution shall be effective immediately upon a majority vote by the Milton City Council. 4. Any sign permit application that has been received prior to the moratorium may be processed and, if appropriate, a permit issued. Any sign permitted based upon an application having been tendered prior to the moratorium may be erected during the moratorium period. SO RESOLVED this __ day of June, 2015, the public’s health, safety, and welfare demanding it. City of Milton, Georgia by and through its City Council Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk