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Home My WebLink AboutMinutes CC - 11/01/2007 - MINS 11 01 07 ACTION (Migrated from Optiview) CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Neal O’Brien Tina D’Aversa Rick Mohrig Thursday, November 1, 2007 Action Minutes 7:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Agenda Item No. 07-406) 4) APPROVAL OF MEETING AGENDA 1. Add second reading of Ordinance Amending Chapter 11, Article 2, Business and Occupational Licenses of the Code of Ordinances of the City of Milton, Georgia to Unfinished Business. Motion and Vote: Councilmember Mohrig moved to approval the Meeting Agenda as amended. Councilmember D’Aversa seconded the motion. The motion passed unanimously. 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 1. A proclamation declaring November 2007 as Family Month. 7) CONSENT AGENDA (Agenda Item No. 07-407) 1. Approval of the July 30, 2007 Special Called Meeting Minutes. (Agenda Item No. 07-408) 2. Approval of the September 13, 2007 Work Session Minutes. (Agenda Item No. 07-409) 3. Approval of the September 20, 2007 Regular Meeting Minutes. Page 1 of 4 MILTON CITY COUNCIL ACTION MINUTES NOVEMBER 1, 2007 - 7:00 PM Page 2 of 4 (Agenda Item No. 07-410) 4. Approval of the October 4, 2007 Regular Meeting Minutes. (Agenda Item No. 07-411) 5. Approval of the October 11, 2007 Work Session Minutes. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember O’Brien seconded the motion. The motion passed unanimously. 8) ZONING AGENDA 9) FIRST PRESENTATION Agenda Item No. 07-412) 1. U07-003 / VC07-007 - 2540 Hopewell Road - To develop a 16,728 square-foot church with 199 fixed seats. Also to request a 3 part concurrent variance to 1) Reduce the 75’ buffer and ten 10’ improvement setback to a 25’ buffer and ten 10’ improvement setback along the south and west property lines (12.H.3.1.C.2). 2) To allow parking between the building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback along the right of way (Article 12H.3.5.C.1). (Agenda Item No. 07-413) 2. RZ07-007 / VC07-005 - Southeast corner of Hwy 9 & Deerfield Pkwy - To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop a 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station. The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To delete the 10’ landscape strip along the south property line. 3.) To allow a loading area within the front yard. (Agenda Item No. 07-414) 3. U07-005 - 13660 New Providence Road (The Mill Spring Academy) - The Grace Church is requesting to use the existing Gym and Assembly Room and the “T” buildings for up to 200 members and the River Lutheran Church to use the Great Room for up to 175 members. (Agenda Item No. 07-415) 4. RZ07-013 - Zoning Ordinance Article 12H.2, Northwest Overlay District - Demolition Permit for both residential and non-residential buildings. (Agenda Item No. 07-416) 5. RZ07-014 - Zoning Ordinance Article 12A.3.8, Overlay District Authority, Amend deadline for consideration of Certificate of Endorsement by the DRB. (Agenda Item No. 07-417) 6. RZ07-015 - Zoning Ordinance to delete the following Articles: 12B – Sandy Springs Overlay District 12B(1) – Perimeter Community Improvement District 12C – Cascade Corridor Overlay District MILTON CITY COUNCIL ACTION MINUTES NOVEMBER 1, 2007 - 7:00 PM Page 3 of 4 12D – Old National Highway Overlay District 12E – Northeast Fulton Overlay District 12F – Sandtown Overlay District 12J – Chattahoochee Hill Country Overlay District 12K – South Fulton Parkway Overlay District 12L – Cliftondale Overlay District 12M – Cedar Grove Overlay District (Agenda Item No. 07-418) 7. ZM07-006 - 2865 Webb Road - To modify Condition 3.a. of Z06-051 to reduce the required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property line for a distance of 150 feet north of the existing building. Motion and Vote: Councilmember Thurman moved to approve the First Presentation items. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. 10) UNFINISHED BUSINESS (Agenda Item No. 07-404) 1. Approval of a Water Use Restriction Ordinance, Article 9 within Chapter 14 of the City Code. (Second Reading) (Ordinance No. 07-11-52) Motion and Vote: Councilmember Lusk moved to approve an Ordinance Amending Chapter 14, Article 9, Water Use Restriction, of the Code of Ordinances of the City of Milton. Councilmember O’Brien seconded the motion. The motion passed unanimously. (Agenda Item No. 07-401) 2. Approval of an Ordinance Amending Chapter 11, Article 2, Business and Occupational Licenses, of the Code of Ordinances of the City of Milton, Georgia. (Second Reading) (Ordinance No. 07-11-51) Motion and Second: Councilmember Mohrig moved to approve an Ordinance Amending Chapter 11, Article 2, Business and Occupational Licenses, of the Code of Ordinances of the City of Milton, Georgia. Councilmember Thurman seconded the motion. Motion to Amend: Councilmember Zahner Bailey moved to amend page 13 of Chapter 11, Article 2, Business and Occupational Licenses of the code of ordinance of the City of Milton, Georgia wherein a clerical error occurred in Section 6 (c), Gross Premiums Tax, All Other Insurers, to delete the word “on” as follows: “For this reason, and without waiving any rights to levy or receive revenue from gross premiums tax on upon each insurer….” Councilmember O’Brien seconded the motion. The motion passed unanimously. Vote: The motion to approve an Ordinance Amending Chapter 11, Article 2, Business and Occupational Licenses, of the Code of Ordinances of the City of Milton, Georgia as amended passed unanimously. MILTON CITY COUNCIL ACTION MINUTES NOVEMBER 1, 2007 - 7:00 PM Page 4 of 4 11) NEW BUSINESS (Agenda Item No. 07-419) 1. Approval of a Resolution Amending Resolution No. 06-11-12 to change authorized signers and City contact information for the Georgia Fund 1 state investment pool account. (Resolution No. 07-11-64) Motion and Vote: Councilmember Zahner Bailey moved to approve a resolution Amending Resolution no. 06-11-12 to change authorized signers and City contact information for the Georgia Fund 1 state investment pool account. Councilmember Mohrig seconded the motion. The motion passed unanimously. (Agenda Item No. 07-420) 2. Approval to Amend the City Council Meeting Schedule and Work Session Schedule. Motion and Vote: Councilmember O’Brien moved to approve to amend the City Council Meeting Schedule and Work Session Schedule. Councilmember D’Aversa seconded the motion. The motion passed unanimously. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (Agenda Item No. 07-421) 14) EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to adjourn into Executive Session at 7:54 pm. Councilmember Thurman seconded the motion. The motion passed unanimously. 15) RECONVENE Motion and Vote: Councilmember Thurman moved to reconvene the regular meeting of at 8:25 pm. Councilmember D’Aversa seconded the motion. The motion passed unanimously. (Agenda Item No. 07-422) 16) ADJOURNMENT Motion and Vote: Councilmember D’Aversa moved to adjourn the regular meeting of November 1, 2007 at 8:30 pm. Councilmember Thurman seconded the motion. The motion passed unanimously.