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HomeMy WebLinkAboutMinutes CC - 03/08/2010 - 03-08-10 S.C. Mins (Migrated from Optiview)Special Called Meeting of the Milton City Council Monday, March 8, 2010 at 5:45 pm Pagel of 3 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summaryform. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings as" are audio recorded. The Special Called Meeting of the Mayor and Council of the City of Milton was held on March 8, 2010 at 5:47 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. Councilmember Julie Zahner Bailey arrived late at 5:52 p.m. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 10-1067, Approval of the Meeting Agenda. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously (6-0). PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. E.J. Bowen, 1110 South Bethany Creek Drive, Milton, GA • Regarding the Hwy. 9 overlay, I would appreciate that this regulation generate the quality of development along the Hwy. 9 corridor, while promoting the economic, cultural and open space and safety features to promote the public welfare. • Would like special attention given to permitted uses of development when C-1 borders residential zoning. For example, in Cherokee County the Hwy. 92 overlay prohibits service stations within 400 feet of any �'^ residential property. Special Called Meeting of the Milton City Council Monday, March 8, 2010 at 5:45 pm Page 2 of 3 UNFINISHED BUSINESS Interim City Clerk Gordon read Agenda Item No. 10-1068. Approval of an Ordinance To Amend Chapter 7, Alcoholic Beverages, Of The City Of Milton Code Of Ordinances. (Presented by Ken Jarrard, City Attorney) City Attorney Jarrard: • The purpose of this modification is to bring the Ordinance back in line to what it was prior to codification. • The section relating to the ability to pour alcohol was all one big paragraph. When the code attorneys broke it into bullet points, the concepts and intent changed and added a different reckoning period for certain offenses which would be disqualifiers for those that wanted to pour alcohol in a Milton restaurant. • The action we're asking be taken tonight is not to modify the spirit of the Ordinance but to bring it back in line with the way it was prior to codification. This will merely allow those that were permitted to pour alcohol in Milton yesterday the ability to do it again today. Councilmember Longoria: • I want to know if Items 5 and 6 under Part A of Section 5, are those not sexually -related crimes or are they managed differently? The reason I ask is that that moving forward it's a lot easier to have a clause in place that says "any sexually -related crime" rather than getting specific and have to go back and look at the laws as certain things fall off or get added. City Attorney Jarrard: • I think the answer is that there was not a lot of trying to add new sections to what we're doing here, but simply to undo what we thought was done incorrectly. • What you're suggesting is fair enough, but that's not what we're doing tonight. Mayor Lockwood: • Chris, can you give an example of what happened to bring this up. City Manager Lagerbloom: • The way it was before is, there were some qualifying offenses that carried with it a lifetime of not being able to serve alcohol in the City of Milton. There were others that merely had a 5 -year reckoning period. • The way this broke down, all of the offenses carried a lifetime prohibition against pouring alcohol in the City of Milton except for one, which was the sexually -related crime. If somebody was convicted of a sexually -related crime, 5 years later they were ready to be eligible to serve alcohol in the City of Milton again whereas somebody who might have been convicted of a misdemeanor drug possession 32 years ago would not have been able to be qualified to pour alcohol in Milton. • What brought this to our attention is that we're going through a round of renewals of pouring permits and had people eligible yesterday who, under the new ordinance, would not be eligible today. Councilmember Zahner Bailey: • When we talked about this previously you mentioned that this was similar to the requirements for our police officers. Can you comment on that? City Manager Lagerbloom: • I want to clarify that. We now have in our requirements a prohibition against a misdemeanor possession of marijuana charge, even if it happened 40 years ago. There are reckoning periods that vary in length depending on the type of field somebody wants to get into. I had not seen a police hiring standard that Special Called Meeting of the Milton City Council Monday, March 8, 2010 at 5:45 pm Page 3 of 3 would disqualify somebody for misdemeanor possession of marijuana at that length. I think 5 years is No" probably too short for somebody in a law enforcement career. • This is purely housekeeping to bring us back to where I think the spirit of the Ordinance originally was. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 10-1068, Approval of an Ordinance To Amend Chapter 7, Alcoholic Beverages, Of The City Of Milton Code Of Ordinances. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT Motion and Vote: Councilmember Tart moved to adjourn the Special Called Meeting. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously (7-0). After no further business, the Special Called meeting adjourned at 5:56 p.m. Date Approved: April 12, 2010. OWN W �"" Su l AM Go don Interim City erk