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MAYOR AND CITY COUNCIL - REGULAR MEETING

TUESDAY, AUGUST 16, 2016, 6:00 PM

MINUTES


APPROVED MINUTES

Download Approved Minutes

City Council

Rusty Paul, Mayor
John Paulson, District 1
Ken Dishman, District 2
Chris Burnett, District 3
Gabriel Sterling, District 4
Tibby DeJulio, District 5
Andy Bauman, District 6

Invocation

   Rabbi Joshua Heller, Congregation B’nai Torah

Call to Order

   Mayor Rusty Paul called the meeting to order at 6:02 p.m.

Roll Call and General Announcements

Mayor Rusty Paul present

  • Bauman, Burnett, DeJulio, Dishman, Paulson and Sterling

Pledge of Allegiance

   Mayor Rusty Paul

Approval of Meeting Agenda

1.16-298

Add or remove items from agenda

  • A motion was made by Council Member DeJulio, seconded by Council Member Paulson, to approve the Meeting Agenda for the August 16, 2016 City Council meeting. The motion carried by unanimous vote.

Consent Agenda

2.16-299

Meeting Minutes

1. July 19, 2016 Work Session
2. August 2, 2016 Regular Meeting
3. August 2, 2016 Work Session

(Michael Casey, City Clerk)

  • A motion was made by Council Member Sterling, seconded by Council Member Burnett, to approve the Consent Agenda for the August 16, 2016 City Council meeting. The motion carried by unanimous vote.

Presentations

3.16-300

Presentations

1. Appreciation Plaque from SSPD to SideTick.TV– Police Chief Kenneth DeSimone

2. North Fulton Comprehensive Transportation Plan – Ms. Cristina Pastore, Project Manager, Kimley-Horn


Public Hearings

Rezoning

4.16-301

RZ16-0088 - 0 River Exchange Dr, to rezone from C-1 (Community Business District) to O-I (Office Institutional District) to allow for the construction and operation of a senior, memory care facility with two (2) concurrent variances

(Presented by Ginger Sottile, Planning & Zoning Manager)

(Invitation for Public Comment)

Ordinance No. 2016-08-20

  • A motion was made by Council Member Paulson, seconded by Council Member Dishman, to approve Agenda Item No. 16-301. The motion carried by unanimous vote.

Zoning Modification

5.16-302

ZM16-0015 - 1100 Johnson Ferry Road, to modify Zoning Condition 2(a) of Rezoning Case Z83-0185FC as modified by ZM07-010, ZM09-009, and 20130404 to substitute Site Plan received by the Department of Community Development on February 29, 2016 in lieu of and in replacement of the site plan received by the Department of Community Development on January 11, 2013, to allow construction of a 450-space parking deck on the northern side of the existing building

(Presented by Ginger Sottile, Planning & Zoning Manager) 

(Invitation for Public Comment)

Ordinance No. 2016-08-21

  • A motion was made by Council Member Sterling, seconded by Council Member DeJulio, to approve Agenda Item No. 16-302, to allow construction of a 420-space parking deck on the northern side of the existing building, along with a condition that Duke Realty sign the Agreement to a Shared Congestion and Parking Management Strategy as presented on August 16, 2016. The motion carried by unanimous vote.

Text Amendment

6.16-303

TA16-0007 – An Ordinance to Amend Article III, Section 3.3 Definitions; Article XII-B Sandy Springs Overlay District – Section 12B.7 Prohibited Uses; and Article XIX Administrative Permits and Use Permits, Part II Administrative Permits, Section 19.3.4 Fireworks – Consumer Fireworks Retail Sales as Primary Use, of the Sandy Springs Zoning Ordinance

(Presented by Michelle Alexander, Director of Community Development)

 (Invitation for Public Comment)

Ordinance No. 2016-08-22

  • A motion was made by Council Member Dishman, seconded by Council Member Burnett, to approve Agenda Item No. 16-303. The motion carried by unanimous vote.

River Corridor

7.16-304

RC-16-02SS (285 Crosstree Lane) - the addition of pool and deck to an existing single family residence

(Presented by Michelle Alexander, Director of Community Development)

 (Invitation for Public Comment)

  • A motion was made by Council Member Burnett, seconded by Council Member Sterling, to approve Agenda Item No. 16-304. The motion carried by unanimous vote.

Unfinished Business

8.16-305

Consideration of the Acceptance of the Dedication of Right of Way as part of the Development Regulations Ordinance Requirements (5400 Lake Forrest Drive)

(Presented by Garrin Coleman, Director of Public Works)

Council Member Burnett recused himself from Agenda Item No. 16-305.

Motion and Vote:  Council Member Paulson moved to remove Agenda Item No. 16-305, Consideration of the Acceptance of the Dedication of Right of Way as part of the Development Regulations Ordinance Requirements (5400 Lake Forrest Drive), from the table.  Council Member Sterling seconded the motion.  The motion carried unanimously.

Resolution No. 2016-08-93

  • A motion was made by Council Member Bauman, seconded by Council Member Dishman, to approve Agenda Item No. 16-305. The motion carried by unanimous vote.

New Business

9.16-306

Request Waiver of Late Fees and Penalties for 2016 Business Occupational Tax Certificate for BIAS Corporation located at 1100 Abernathy Road NE Ste. #950 Sandy Springs, GA 30328

(Presented by Karen Ellis, Finance Director)

  • A motion was made by Council Member Paulson, seconded by Council Member Sterling, to approve Agenda Item No. 16-306 with a refund of $500, as recommended by the Finance Director. (Mayor Paul broke the 3-3 tie by voting in favor of the motion). The motion carried by the following vote:
    • 4 - Burnett, Paul, Paulson and Sterling
    • 3 - Bauman, DeJulio and Dishman
10.16-307

Request Waiver of Late Fees and Penalties for 2016 Business Occupational Tax Certificate for Software Paradigms International located at 5 Concourse Parkway, Ste. #500 Sandy Springs, GA 30328

(Presented by Karen Ellis, Finance Director)

  • A motion was made by Council Member DeJulio, seconded by Council Member Dishman, to deny Agenda Item No. 16-307. The motion carried by unanimous vote.

Motion and Vote:

Council Member Sterling moved to suspend the meeting rules to allow for a public comment time period of ten (10) minutes for Agenda Item No. 16-308.  Council Member Paulson seconded the motion.  The motion carried 5-1, with Council Member DeJulio voting in opposition.

11.16-308

Approval of an Ordinance to amend Section 105-19 of the Code relating to Construction Classification Building Height

(Presented by Jim Tolbert, Assistant City Manager)

Ordinance No. 2016-08-23

  • A motion was made by Council Member Burnett, seconded by Council Member Paulson, to approve Agenda Item No. 16-308. The motion carried by unanimous vote.
12.16-309

Ordinance to Amend the Sandy Springs Post Development Stormwater Regulations

(Presented by Michelle Alexander, Director of Community Development)

Ordinance No. 2016-08-24

  • A motion was made by Council Member Bauman, seconded by Council Member Dishman, to approve Agenda Item No. 16-309. The motion carried by unanimous vote.
13.16-310

Ordinance to Amend the Sandy Springs Development Regulations

(Presented by Michelle Alexander, Director of Community Development)

Ordinance No. 2016-08-25

Ordinance No. 2016-08-26

  • A motion was made by Council Member Sterling, seconded by Council Member Paulson, to approve Agenda Item No. 16-310. The motion carried by unanimous vote.
14.16-311

Resolution to approve the updated Schedule of Fees and Fines being recommended by the Municipal Court Judges

(Presented by Wendell Willard, City Attorney)

Resolution No. 2016-08-94

  • A motion was made by Council Member Paulson, seconded by Council Member DeJulio, to approve Agenda Item No. 16-311. The motion carried by unanimous vote.
15.16-312

Consideration of an Ordinance to restrict the hours during which consumer fireworks may be lawfully discharged or ignited

(Presented by Wendell Willard, City Attorney)

Ordinance No. 2016-08-27

  • A motion was made by Council Member Bauman, seconded by Council Member Dishman, to approve Agenda Item No. 16-312. The motion carried by unanimous vote.
16.16-313

Resolution to Increase the Guaranteed Maximum Price for Construction of the City Springs Project, as Established by Change Order Pursuant to the Provisions of a Certain Contract for Construction between the City of Sandy Springs, GA and Holder Construction Group, LLC, dated June 30, 2015, and to Authorize the City Manager to Execute the Change Order

(Presented by John McDonough, City Manager)

Resolution No. 2016-08-95

  • A motion was made by Council Member DeJulio, seconded by Council Member Paulson, to approve Agenda Item No. 16-313. The motion carried by unanimous vote.

Reports

Mayor and Council Reports

17.16-314

Staff Reports

1. Atlanta Braves / Cobb County Project Update – Bryant Poole, Assistant City Manager

Public Comment

Executive Session

18.16-315

Litigation

 Motion and Vote:  Council Member DeJulio moved to enter into Executive Session to discuss litigation.  Council Member Paulson seconded the motion.  The motion carried unanimously, with Council Member Paulson, Council Member Dishman, Council Member Burnett, Council Member Sterling, Council Member DeJulio, and Council Member Bauman voting in favor of the motion.  Executive Session began at 8:31 p.m.

 

Motion and Vote:  Council Member DeJulio moved to adjourn Executive Session.  Council Member Sterling seconded the motion.  The motion carried unanimously, with Council Member Paulson, Council Member Dishman, Council Member Burnett, Council Member Sterling, Council Member DeJulio, and Council Member Bauman voting in favor of the motion.  Executive session adjourned at 8:52 p.m.

Motion and Vote:

Council Member DeJulio moved to add an item to the meeting agenda:  Resolution of the City Council of the City of Sandy Springs, Georgia, Authorizing Legal Action Pertaining to City of Sandy Springs, Georgia Project – P.I. NO. 0006984, Fulton County Peachtree-Dunwoody From I-285 to Abernathy Road – LCI Project.  Council Member Dishman seconded the motion.  The motion carried unanimously.  

19.16-322

Resolution of the City Council of the City of Sandy Springs, Georgia, Authorizing Legal Action Pertaining to City of Sandy Springs, Georgia Project – P.I. NO. 0006984, Fulton County Peachtree-Dunwoody From I-285 to Abernathy Road – LCI Project

(Presented by Wendell Willard, City Attorney)

Resolution No. 2016-08-96

  • A motion was made by Council Member DeJulio, seconded by Council Member Dishman, to approve Agenda Item No. 16-322. The motion carried by unanimous vote.

Adjournment

20.16-316

Adjournment

  • A motion was made by Council Member DeJulio, seconded by Council Member Sterling, to approve adjournment at 8:56 p.m. The motion carried by unanimous vote.

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