Official Minutes of the Midway City Council
Regular Monthly Meeting

February 09, 2009

9397 E. Oglethorpe Hwy.
Midway, GA 31320

The regular monthly meeting for the month of February was called to order at 6:00 p.m. by the Honorable Mayor Don R. Emmons.

Members present: Clemontine F. Washington, Mayor Pro-Tem; Levern Clancy, Jr., Councilman; Jim H. Woods, Councilman; and Henry O. Stevens, Sr., Councilman.

The Mayor called the meeting to order with the invocation repeated. The Pledge of Allegiance to the United States Flag was recited by everyone.

Approval of Minutes – Councilman Clancy made the motion to approve the minutes dated January 12, 2009. This motion was seconded by Councilman Stevens. This motion was passed unanimously. Mayor Pro-Tem Washington made the motion to approve the minutes dated January 28, 2009. This motion was seconded by Councilman Woods. This motion was passed unanimously.

Old Business:

Adult Entertainment Ordinance - This ordinance does not include tattoo parlors and massage parlors. Councilman Stevens made the motion to open the public hearing. Councilman Woods seconded the motion. This motion was passed unanimously. No comments. Councilman Clancy made the motion to close the public hearing. Councilman Stevens seconded the motion. This motion was passed unanimously. Councilman Woods made the motion to adopt the Adult Entertainment Ordinance #2008-016 as written not including the tattoo parlors and massage parlors. Councilman Clancy seconded the motion. This motion was passed unanimously.

Zoning Ordinance Amendments (Sign Ordinance) –This is the second reading of the Sign Ordinance #2009-001 Councilman Clancy made the motion to adopt the Zoning Ordinance Amendment for the sign regulations. Councilman Stevens seconded the motion. This motion passed unanimously.

K & J Crafts Woodworking Occupational License – Mrs. Attical presented K & J Crafts presentation with the improvements needed to grant their occupational license from temporary to permanent status. Mr. Richard Campbell plans to install a privacy fence, to hide the work area in the rear of the building. He was instructed to contact LCPC to ensure of compliance. It was agreed that the fence is to be completed within 90 days from this meeting date. The Mayor reminded Mr. Campbell that any and all new signs must comply with the City’s Sign Regulation. It was also explained that store front sales were not permitted in that location. Councilman Clancy made the motion to grant Mr. Campbell his permanent occupational license based upon the standard by LCPC. Councilman Stevens seconded the motion. This motion passed unanimously.

New Business – Swearing Ceremony
Chief Morningstar introduced Officers Brandon Baxter and Duval Page, Sr.. A brief swearing in ceremony followed with Mayor Emmons administering the Oaths for both officers.

City Attorney Richard Braun, Jr. explained that the City of Midway Charter is outdated. He further explained the benefits for the City to have all of the Ordinances and the code updated and be maintained. Attorney Braun explained
that he was in the process of reviewing an offer from Municipal Code Corp. as requested by the Mayor. Attorney Braun also stated that to his knowledge that most of the cities in the county were currently using Municode Corp. to update and maintain their Ordinances. He stated we are in hopes to reduce the offer by updating the City’s Code ourselves.

Michael Browning – Landscape Architect from Savannah came to present his proposal for the landscaping and upgrading of Butlers Ave. Mr. Browning presented a drawing with a preliminary overview of the suggested improvements. He explained that his company would prepare the grant research and writing in hopes to fund a major share of the project expenses. Mr. Brown also stated that the project could cost as much as 200 K and the project would be based on the extent of improvements. Mayor Emmons requested him to proceed with grant research.

Parker’s # 1 – LCPC presented the site plans. Mr. Gregory Parker explained to the City Council what his current plans are at this time. Mayor Pro-Tem Washington made the motion of accept the recommendation by LCPC. Councilman Stevens seconded the motion. This motion passed unanimously. Mr. Parker stated that the project should be completed 60 days after he gets his permits.

Alice & Mary Wonderland Preschool Occupational License – Mary Scott was informed that the Cam’s sign is non-conforming and must be removed within 60 days and two handicap parking must be installed within this period. Mrs. Scott must get the Health Dept Permits and Fire Marshal inspections along with a food service permit. Councilman Clancy made the motion to approve the occupational license with the standard conditions and special conditions,

AJB Lawn Care Occupational License – Mrs. Debra Attical made the presentation. Councilman Clancy made the motion to open the public hearing. Councilman Stevens seconded the motion. This motion passed unanimously. Councilman Clancy made the motion to close the public hearing. Councilman Stevens seconded the motion. This motion passed unanimously. Councilman Clancy made the motion to approve the occupational license. Councilman Stevens seconded the motion. Councilman Clancy amended the motion to approve the occupational license with special conditions and standards. Councilman Stevens seconded the motion. This motion passed unanimously.

Fine Feathered Friends Occupational License - Mrs. Attical made the presentation. Mayor Pro-Tem Washington inquired about the size of the birds and would the noise from the birds disturb other businesses and neighbors. Mayor Pro-Tem Washington made the motion to approve the occupational license with special conditions and site must meet all standards of the US Department of Agriculture. Councilman Woods seconded the motion. This motion passed unanimously. The Mayor stated that the sign issue will be addressed.

Adjourn – Councilman Stevens made the motion to adjourn the regular monthly meeting. This motion was seconded by Councilman Clancy. This motion was passed unanimously.

Adjourn____________________ ________________________

Don R. Emmons, Mayor
Lynette G Cook-Osborne, City Clerk