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Home My WebLink AboutORDINANCE NO. 08-01-03ORDINANCE NO. 08-01-03 PETITION NO. U07-007NC07-012 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR AGRICULTURAL RELATED ACTIVITY (ARTICLE 19.4.3) FOR CANINE ASSISTANTS., PROPERTY LOCATED AT 3160 FRANCIS ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 24, 2008 at 7:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 3160 Francis Road consisting of a total of approximately 17.12 acres, be a Use Permit for Agricultural Related Activity (Article 19.4.3); ALL THAT TRACT or parcel of land lying and being Land Lots 610, 611 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia by the attached legal description; and SECTION 2. That the property shall be developed in compliance wit the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 24`h Day of January, 2008. Attest: fimeette Marchifava, City Clerk i�,.. (Seal) Approved: L Joe Loc od, Mayor ORDINANCE NO. 08-01-02 PETITION NO. RZ07-02ONC07-015 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM O -I (OFFICE -INSTITUTIONAL) TO 0-1 (OFFICE INSTITUTIONAL) DISTRICT PROPERTY LOCATED AT 2865 WEBB ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 24, 2008 at 7:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 2865 Webb Road consisting of a total of approximately 1.36 acres, be changed from the O -I (Office -Institutional) District to the O -I (Office -Institutional) District; ALL THAT TRACT or parcel of land lying and being Land Lot 1048 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia by the attached legal description; and SECTION 2. That the property shall be developed in compliance wit the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 24d' Day of January, 2008. Attest: i ON" Jean tte Marchifava, City Clerk ft" (Seal) Approved: Joe Lock ood, Mayor CONDITIONS OF APPROVAL Ww" RZ07-015/VC07-015 2865 Webb Road The City Council approved the rezoning of property located at 2865 Webb Road. Rezoning petition RZ07-020 to rezone from 0-1 (Office -Institutional) to 0-1 (Office Institutional) CONDITIONAL was approved by the City Council on January 24, 2008 hearing, subject to the following conditions. 1) To the owner's agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a day care center at a maximum density of 2,647 square feet of gross floor area per acre zoned or a total gross floor area of 3,600 square feet, whichever is less. b) Restrict the number of students to 78. c) Restrict the height to 1 story not to exceed 15 feet from average grade. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Human Resources and file a copy of the approved registration with the Community Development Department. 3) To the owner's agreement to the following site development considerations: a) Reduce the required 25 foot buffer and 10 foot improvement setback to a 5 foot landscape strip along the east and west property lines only in the area of the existing driveway, structure and parking areas. (2006VC-0070 NFC) b) Reduce the required 25 foot buffer and 10 foot improvement setback to a 5 foot landscape strip along the west property line from the back of the existing building for a distance of 150 feet. (VC07-015) c) Provide a black four -board -equestrian -styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Reserve Right -of -Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right -of -Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to meet the requirements of the approved final site plan including the following: i) To allow a maximum of 1 curb cut along Webb Road. Provide at least 10.5 feet of right-of-way from the back of curb/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. 5) To the owner's agreement to abide by the following requirements, dedication and improvements: a) The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should greater than 5,000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre - development conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. A maintenance agreement is required to be recorded for such item used. c) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. d) Detention facility shall have a 6 -foot, 5 board equestrian -styled fence with 2 inch by 4 inch welded wire constructed around it. J ( ltaoati ltrroyr r�r ••%rf<Hr� .TNr'd1YNNy a��OJObd .-...�......�� I ii.9s4 .a+' e I ` '99! AK U81980 MAMMA I �J� oil ill Sol r ! i� �au!r1i��i�m�dfill�itlaiilinll�n! :Zl..lay.tsie.4t«3ASd!fSlet�!-III"I�� I ----- T�i_—...--- ... } . . a. 1l 1.2E e v .. L „u 0 .d�sr. JYd _G 1.x.N_ y{ Owl �. CVCT Mw11 Site Plan Received on November 6, 2007 Baip EXHIBIT "A' t.Lerm of ipjoemDr vB4a 1i Fult" G?«mite bezgt i ALL THAT TI"IACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1048 OF THE 2ND DISTRICT. 2ND SECTION OF FULTON COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRISED AS FOLLOWS: BEGlINNING AT AN IRON PIN SET ON THE SOUTHWESTERLY RIGHT-OF-WAY OF 1VEHB ROAD (HAVING A 80 -FOOT RIGHT OF WAY) 267.55 FEET SOUTHEASTERLY FROM THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY OF WEBB ROAD AND THE WEST LINE OF LANE? LCC 1048 AS W-ASURED .ALONG THE SOUTHWESTERLY RIGHT or WAY OF WEBB ROAD, RUNNING THENCE SOUTH 112 DEGREES 12 MINUTES UGI SECOND$ EAST ALONG THESOUTHWESTERLY RIGHT OF WAY OF WEBB ROAD 117,80 FEET TO AN IRON PIN FOUND; THENCE SOUTH 07 DEGREES 46 MINUTE'S 40 SECOND WEST 504.03 FEET TO AN IRON PIN FOUND; THENCE SOI,IT'H 65 DEGREES 60 MINUTES 00 SECONDS WEST 82AS FEET TO AN IR014 PILI FOUND; THENCE NORTH 19 DEGREES 28 MINUTES 25 SECONDS WEST 8&69 FEET TO AN IRON PIN SET; THENCE NORTH 07 DEGREES 48 MINUTES 00 SECONDS EAST 454.53 FEET TO AN IRON PIN SETT ON THE SOUTHWESTERLY RIGHT OF WAY OF WEBB ROAD AND THE POINT OF BEGINNING AS PER SURVEY FOR JUDITH L_ SIVER' AND DEBRA L. PAULSON BY SUFIVEY SYSTEMS AND ASSOCIATES, INC. RLS DATED JULY 21,14$3 AND BEING THAT SAME PROPERTY AS CONVEYED IN WARRANTY DEED FLED AND RECORDED IN DEEP BOOK 19156, PAGE 230 AND IN DEED BOOK 16986, PAGE 279 RECORDS OF FULTON COUNTY, GEORGIA. BEINGS SUBJECT TO THAT CERTAIN LOAN DEED FROM DEBRA L. PAULSON AND JUDITH L. 1� SIVERIN FAVOR OF BANK OF NORTH GEORGIA MORTGAGE ELATED APRIL 14, 2003 FILED AND RECORDED IN [TEED BOOK 54847. PAGE 547 RECORDS OF FULTON COUNTY, GEORGIA; IN THE ORIGINAL PRINCIPAL AMOUNT OF $78,41SO.0a HAVING BEEN ASSIGNED BY INSTRUIEMENT TO WASHINGTON MUTUAL BANK, F.A. IN DIED BOOK 24847, PAGE 580 too AFORESAW RECORDS. RECEIVED RZ07-020 VC07-015 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 08-1-01 AN ORDINANCE REGARDING 2008 MEETING AND WORK SESSION DATES AND TIMES FOR THE CITY OF MILTON CITY COUNCIL BE IT ORDAINED by the City Council of the City of Milton, GA while in a Regular called Council meeting on January 24, 2008 at 7:00 p.m. as follows: WHEREAS, in accordance with Section 3.13, the City Council of the City of Milton is to hold at least one meeting per month at a time and place prescribed by ordinance; and WHEREAS, The City Council has determined that it would be preferable to schedule meetings and work sessions on Mondays; and WHEREAS, Citizens of the City of Milton have expressed, and the City Council has determined that it is desirable that meetings do not extend past midnight with the exception of emergency situations; and WHEREAS, Citizens of the City of Milton have expressed that they would like sufficient prior ." notice of the contents of meeting and work session agendas; and WHEREAS, The City Council has determined that it is desirable to change the day and time of Council Meetings and work sessions for 2008. WHEREFORE, THE CITY COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING: Chapter 2 of the City Code of Ordinances and Section 11 of the Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to reflect that the days and times for regular Council Meetings are set for 6:00 p.m. on the first and third Mondays of each month. 2. Chapter 2 of the City Code of Ordinances and Section 12(d) of the Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to reflect that regular City Council work sessions are set for 6:00 p.m. on the second Monday of each month. 3. OWN Section 14(b) of the Rules of Procedure for City Council Meetings and Public Hearings Items for consideration is hereby repealed and amended as follows: "Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before "" 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property." 4. The Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to add a new Section 23 as follows: "Duration of Council Meetings: City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to "unfinished business" on the next scheduled meeting agenda." 5. Any and all Ordinances or parts of Ordinances in conflict herewith shall be, and the same are, hereby repealed to the extent of such conflict. 6. This Ordinance shall take effect on February 1, 2008. ORDAINED this 24`h day of January 2008. Approved: FV", Joe Lockwoo , yor Attest: Je tte R. 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The Council may designate alternative meeting times and days so long as the time is published either electronically on the City website or through other means, including posting at the building designated as City Hall at least 24 hours before the meeting. (b) If the regular meeting falls on a City observed holiday, the Council may reschedule the meeting to the next Wednesday or Monday, or any day which is conducive to a meeting, and publish the time change as described in subsection (a) of this section. (c) Special meetings may be called in accordance with the Charter, Article III, Organization of Government, General Authority and Ordinances, Section 3.13, Meetings. (d) Any meeting of the Council may be continued or adjourned from day to day, or for more than 1 day, but no adjournment shall be for a longer period than until the next regular meeting W, thereafter. kno (e) The initial meeting of the Council shall occur on November 14, 2006. Section 2: Compliance with State Law (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act codified at O.C.G.A. § 50-14-1 et sec . (b) All City records subject to the Georgia Open Records Act, codified at O.C.G.A. 50-18-70 et M, shall be available to the public. The City Clerk shall comply with any valid requests under the Georgia Open Records Act and prepare any materials requested. Section 3: Document Retention Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et M, and the Record Retention Policy within the Financial Management Program, the City of Milton adopts the records management plan and record retention schedules recommended by the Georgia Secretary of State as amended from time to time by future ordinances of the Mayor and Council of the City of Milton. Pursuant to the Record Retention Policy within the Financial Management Program, the City Clerk shall coordinate all records management for the City including storage, archiving, and destruction of records. Records shall be maintained according to approved retention UP" schedules. All requests made under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seg, excepting standardized routine requests of the City of Milton Police Department, the City of i'"" Milton Fire Department, and the City of Milton Municipal Court shall be made to the City Clerk. Pagel of 5 won Milton Fire Department, and the City of Milton Municipal Court shall be made to the City Clerk. No record shall be destroyed except as provided in the approved Record Retention Policy; provided, however, a written record may be destroyed if it is otherwise preserved by means of microfiche, scanning, or other reliable photographic or digital means as permitted by law. Changes to the retention schedules shall be adopted by ordinance of the Mayor and Council. Section 4: Fees The City Clerk shall charge the full amount permitted by Georgia law to copy the records subject to the Georgia Open Records Act. If compilation and replication of such documents takes more than 15 minutes, the City Clerk may charge an additional reasonable administrative charge. Section S: Subpoenas (a) The Council, when sitting as a judicial or quasi-judicial body pursuant to public law, its charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness who shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in the preceding section shall bear witness in the name of the Mayor; shall be issued by the City Clerk; and shall be served by the Chief of Police, any police officer, or by such other person as the Mayor may designate. (c) Should any person fail to respond to a subpoena of the Council, after having been lawfully Ift■ served, without good cause, or should the person refuse to testify under oath, then the Council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein described shall constitute a separate contempt. Section 6: Reimbursement and Travel (a) The Mayor and Council Members shall be reimbursed for their own reasonable expenses consistent with the Elected Officials Expenditure Policy within the Financial Management Program. (b) The City shall reimburse the Mayor or Council members for travel expenses consistent with the Elected Officials Expenditure, Travel and Meal Expenditure, and Expense/Expenditure Policies of the Financial Management Program. Article 2: Personnel Section 1: Personnel Manual The City Manager shall establish a personnel manual for all municipal employees. In low addition to sections deemed necessary by the City Manager, the manual shall include policies regarding equal employment opportunity, nondiscrimination, and sexual harassment. The manual "' will be updated from time to time as required by federal and state laws. Page 2 of 5 # Section 2: Employees (a) In general, municipal employees shall be categorized as full-time, part-time or by terms decided by contract with the City. Employees will be paid on a schedule consistent with the operating cycle of the organization. (b) The City Manager shall have the authority to enter into contractual employment relationships between the City and third parties. The terms of these third party contracts will be established by the contract at the time of hiring. Procurement of such relationships shall be made in accordance with the City's Purchasing Policies within the Financial Management Program. Section 3: Job Descriptions The City shall maintain a job specification for each position held by a Municipal Employee. The City may provide a job specification for contracted positions. Such specification shall describe the duties of the position, the qualifications necessary, licenses required, to whom such employee reports, expected salary range, and such other information as is necessary to recruit for such position effectively. Such specifications may be amended from time to time by the City Manager. Section 4: Benefits It shall be the policy of the City of Milton to attract and retain a qualified workforce im" through the provision of a comprehensive package of benefits. To that end, the City shall be authorized to contract with benefits providers for the purpose of providing insurance, retirement, pension plans and other benefits deemed necessary by the Council upon approval of the Personnel Policies by the City Council. Eligibility for benefits shall be specified in the Personnel Manual. The cost of benefits to employees shall be specified in the annual financial plan, as adopted by ordinance for the City. Section S: Records The City shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. Article 3: City Advisory Boards, Commissions, and Authorities Section 1: Authorization The Council may establish boards, commissions, and authorities pursuant to the City's Charter, Article IV, Administrative Affairs, Section 4.11, Boards. The City Manager or a designee shall oversee the meetings of each board, commission, or authority and is an ex -officio, non-voting, member of each. $Now Section 2: Duties Page 3 of 5 (a) Each board, commission, or authority shall, from time to time, propose policies and ordinances to the Council in the subjects germane to the board, commission, or authority. (b) This section shall not be interpreted to require Committee approval for a measure to be heard before the Council. (c) Members must attend two-thirds of meetings in a calendar year. Failure to do so warrants removal from the Committee by the Council. Section 3: Membership (a) Except as provided in subsection (b) below, the Council shall establish qualifications for members of each board, commission, or authority. Each member of a board, commission, or authority, other than members of the Council, shall be nominated in accordance with Article IV, Administrative Affairs, Section 4.11, Boards. (b) Each board, commission, or authority member must be a resident of the City of Milton. Should the Committee member move out of the City, he or she may remain active until the Mayor and Council appoint his or her replacement. Section 4: Terms PM (a) Each board, commission, or authority member shall serve a specified term pursuant to Article IV, Administrative Affairs, Section 4.11, Boards. Should no term specification be b" provided during the creation of a board, commission, or authority, no member shall serve for more than four (4) years. Consecutive terms are permissible. Section S: Compensation Board, commission, or authority members shall be compensated in accordance with Article IV, Administrative Affairs, Section 4.11. Should no compensation be provided during the creation of a board, commission, or authority, members of such boards, commissions, or authorities shall serve without compensation. Section 6: Quorum A majority of actual board, commission, or authority members establishes a quorum. Any action taken requires a majority of affirmative votes of the quorum present. Section 7: Procedure (a) Each of the boards, commissions, or authorities shall make its own rules of procedure and determine its time of meetings. The date and time of each meeting as well as agenda items to be pow considered shall be publicized in the same manner as meetings of the Mayor and Council. (b) All meetings at which official action is taken shall be open to the public and all records .r maintained by the board, commission, or authority shall be public records unless expressly Page 4 of 5 OWN excepted by a provision of the Georgia Open Records Act. The boards, commissions, and authorities shall keep minutes of their formal proceedings, showing the vote of each member upon each question; and records of their examinations and other official actions, all of which rte. shall be filed in the office of the City Clerk. Copies of the minutes shall be made available to the Mayor and each member of the City Council. The minutes of the meetings shall be a public record. This section shall not be construed as prohibiting closed sessions when permitted by the Georgia Open Meetings and Open Records Acts. (c) Expenditures of boards, commissions, or authorities, if any, shall be within the amounts appropriated for the purpose intended by the Mayor and Council during the annual budgeting process. Section 8: Training The Council may establish a mandatory training program for members of any board, commission, or authority.. Article 4: City Departments Section 1: Authorization Section 2: Right of Contract The City may contract with third parties to provide all or portions of the functions of any municipal department. Section 3: Oversight (a) At the election of the City manager each department shall have a Department Head or its equivalent. That Department Head shall be responsible for the day-to-day management of each department and shall report and make recommendations to the City Manager from time to time. (b) The City Manager or his designate shall supervise each department. Page 5 of 5 The following departments are hereby established by the Council: (a) Mayor and City Council; (b) City Manager's Office; (c) City Treasurer's Office and Department of Operations; (d) City Clerk's Office and Municipal Court; (e) Community Development; (f) Community Services; and (g) Public Safety. Section 2: Right of Contract The City may contract with third parties to provide all or portions of the functions of any municipal department. Section 3: Oversight (a) At the election of the City manager each department shall have a Department Head or its equivalent. That Department Head shall be responsible for the day-to-day management of each department and shall report and make recommendations to the City Manager from time to time. (b) The City Manager or his designate shall supervise each department. Page 5 of 5 n City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 now RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall at all times be afforded access to all meetings other than executive sessions. Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the Official Code of Georgia Annotated. Any portion of the meeting not subject to any such exemptions shall be open to the public. (a) Non -Exempt Topics. If a council member attempts to discuss a non-exempt topic during an executive session, the mayor, city manager, or city clerk shall immediately rule that council member out of order and such discussion shall cease. If the council member persists in discussing the non-exempt topic, the mayor shall adjourn the meeting immediately. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting. (c) Executive Session Minutes. (1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken in the same manner as minutes of an open meeting (Section 21 of this document) and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated, abandoned or until court actions are to be initiated through the use of condemnation proceedings. (2) Other Executive Sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying i�.. real estate to be acquired by the city council may only be delayed until such time as Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on T� .1Z .2 40-8' y r✓ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 am the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O. C. G.A. §§ 50-14-2, 5-14-3 and 50-14-4] Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings. [Cross-reference: O. C. G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members present. Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session as authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro -Tempore. The council shall select a mayor pro -tempore consistent with the process outlined in the City of Milton Charter, sections 3.29 and 3.30. Section 7. Presiding Officer. If the mayor and the mayor pro -tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro -tem is present at the meeting. Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any amendments to the rules of order shall be ..r submitted by a council member in writing to the city manager three business days before a Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment o„June 21, 2007 Third Amendment on d g , y a Gyp .2 00 F City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Www N4 11 rr■r regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the council to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unamious approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O. C. G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. [Cross-reference: O. C. G. A. § 50-14-1 (d)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three (4) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well as to each member of the city governing authority. [Cross-reference: O. C. G.A. § 50-14-1 (d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O. C. G.A. § 50-14-1-(d)] Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on Yir n it isry Zl% 2 008' City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O. C. G.A. §§ 50-14-1(d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 6:00 p.m. on the second Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 4. Pledge of Allegiance 5. Approval of Meeting Agenda 6. Public Comment 7. Consent Agenda 8. Reports and Presentations 9. Zoning Agenda 10. First Presentation 11. Unfinished Business 12. New Business 13. Mayor and Council Reports 14. Staff Reports 15. Adjournment Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the attached process. The agenda shall be made available to the city council at owm least one business day before every city council meeting. Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on 7a'n a y .2 '� :Z00g' City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 awe r.•• (a) Requests For Agenda Items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but not more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. [Cross-reference: O. C. G.A. §§ 50-14-1(e)(1) and 36-66-4J Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members present (including mayor). Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on N h e 2 Z� d_oo g" ' City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 am Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36 -67A - 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O. C. G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. ft` c Decorum. Members of the () public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten (10) minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures. [Cross-reference: O. C. G.A. §§ 36-66-4 and 36-66-5] (e) Representation of Civic Associations, Advocacy Groups or Homeowners' O"* Associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or 0. association; provided, however, that such an individual shall file a notarized affidavit Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 that they have the authority to speak on behalf of said organization on a form provided by the City Clerk prior to the agenda item being called. Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O. C. G.A. § 50-14-1(e) (2)J Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council. Regular meeting minutes will be provided at the next regularly scheduled meeting. Work Session minutes will be provided at the next regularly scheduled Work Session. boo A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O. C. G.A. § 50-14-1(e) (2)J r"! Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to "unfinished business" on the next scheduled meeting agenda. Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on r u y 2 y', 2 Oag 0 CONDITIONS OF APPROVAL U07-007/VC07-012 3160 Francis Road The City Council approved the Use Permit for property located at 3160 Francis Road. Use Permit petition U07-007/VC07-012 for a Use Permit for Agricultural Related Activity (Article 19.4.3) was approved by the City Council on January 24, 2008 hearing, subject to the following conditions. 1) To the owner's agreement to restrict the use of the subject property as follows: a) An agricultural related activity, at a maximum density of 1,540 square feet per acre zoned or a total gross floor area of 26,365 square feet, whichever less. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on January 17, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following site development considerations: a) To allow existing structures and the new building to exceed the maximum 20 -foot building setback from the edge of required landscape strip and/or easements as shown on the site plan. (VC07- 012, Part 2) b) To allow parking between the buildings and the right-of-way as shown on the site plan. (VC07-012, Part 3) C) Only resident parking allowed in front of the house adjacent to the west property line. (VC07-012, Part 3) d) Provide a total of 20 parking spaces to be used by the newly constructed training center and the existing training center/office. e) Provide a 75 -foot buffer and 10 -foot improvement setback along the west property line for a distance of 407 feet from the right-of- way except where the existing house and pool along the west property line encroach. f) To maintain the 75 -foot buffer and 10 -foot improvement setback .. along the north, east and west property lines without replanting where sparsely vegetated. To allow existing structures to remain. (VC07-012, Part 4) g) To allow existing buildings and pool to encroach into the 100 -foot setback along all property lines. h) To complete a combination plat of all parcels to be approved by the Community Development Department prior to the Land Disturbance Permit submission. i) To relocate the dumpster outside of the 100 -foot setback along the west property line. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever """" comes first), sufficient land as necessary to meet the requirements rte. of the approved final site plan including the following: i) Provide at least 10.5 feet of right-of-way from the back of curb/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. b) Reserve Right -of -Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right -of -Way Ordinance. 5) To the owner's agreement to abide by the following: a) The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should Now greater than 5000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the ftgo development is restricted to seventy-five percent (75%) of the pre- development conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. A maintenance agreement is required to be recorded for such item used. c) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. d) Detention facility shall have a 6 -foot, 5 board equestrian -styled fence with 2 inch by 4 inch welded wire constructed around it. a ail "kO mnwn - 8752 U5. m2w, WPM Revised Site Plan Received on 1/ 17/08 ift" 1111111111111111111111111®,CANrNTE ASSISTANTS, INC. A BLMMG AD ,TM c� or A IV93 f �m T., IR WPM Revised Site Plan Received on 1/ 17/08 ift" 1111111111111111111111111®,CANrNTE ASSISTANTS, INC. A BLMMG AD ,TM c� or WPM Revised Site Plan Received on 1/ 17/08 ift" 7EGAL DESCRUPTION' Nj 7 W 0V7—RAI 1,T7 (1, A T, AT' THA 7" -f'R-A(7f ORNLRCEL Or, LAND !\d:-,gmj being in Land Lots 543. 5'0 &, 611 af f�e D-Is--mr., 2"d Somc,a, (kr de&crilned as Tij ad LIx IRVE POWI, oj' -z x fr-irr -*mmd -Ntz mimer, . . 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N fert to an Imn Pin *:Z,.,rmd mi dit-, app-nxi-nate I.Fnd I zv, I= e.kNrnmr*i Jr, Lind Tr)ls *W & 61 r,' Nzrl, Vi)4 Jqgmes 20 mintr.t--v 55 twe'nXIS W03t r, distmecof 272 40f= toaprint; thenw South S4d-cgrui 44 tnitiwi� 15.1upeynal Ff.qt - digrancc of 5G.0”, fm I:$ aa Iroll NL Fouad (l -1"I" CTimp Lop pipe); allm"t SouLh 25 :k-gqve%, 34 nrnutm -379 xwms t-a;t 5 distamu, of 2O."s fest to ax ll'OnEn Fame � "l -L-7, Ci=p top pipet on i%ft,lpMmi=itrLz?md Lotline ommxmic Land Lats 545 & 6:0, thaLot S.Outh 8-, dcv= 5,21 minutes 35 x,xids Pa;.l i eTi #I a e Of ' I n. 10 > e r K, K" Tnin J Fmueii, ',w LM4 .t+t c.-Ym-x CD-'Y=Onto Lmd Lots 342,543,61G& 61 1;,'hcncczicingthcappT.,i7inLrc T-qnd J..,,ne ammo. to Land Lots 542 & 511 Neah 89 de,—ees 41 minutes 20 SCULMI; EIL2 L lisUmw t): 276.=* feet m aPoiat: thence- North F9 &-orzca 3R milmtu- -M ?,acondn Fam a di:,mrmot f'W, to w-- Lm Piu FUltud, Lh=r Icaviag sLd uprmoAima--� LmW Lut li:x. Soca 60 d 34 mmd&s 13 mzmd5 Pj;t i distance 0'340 -32 fcct to an, iron pin found; ilia c South L13 dcpms 31 minates 11 sozmda Fast a divance o,72'101.57 fO& to E noint: tharco ice h 'i'l &P—mcg . 2 miumca 09 scemdt F*,, a of 3AO.50 foO 10 wo Trl,)7 Rir Tkn�kl, J=.QC Smith 02 dtmvi 45 ILLimLlus 22 Nt=%I, EBEL Ldimmmo'131.S4 frev) Lxft- andli.- -.RI'E N)T%7 OF 1:JJP0JJ'NIN(,-, Said tract c*mmking 17124 arcs rqm� U07-007 VC07-012