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HomeMy WebLinkAboutMinutes CC - 07/12/2007 - MINS 07 12 07 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 1 of 11 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 summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio recorded. Special Called Council meeting of the Mayor and Council of the City of Milton was held on July 12, 2007 at 7:00 PM, Mayor Joe Lockwood presiding. INVOCATION -Tass Welch, Elder and the Office Minister for the Community of Christ Church CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Mayor Joe Lockwood, Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Lusk, Councilmember Tina D’Aversa, and Councilmember Rick Mohrig. (Councilmember Zahner Bailey not present during roll call). PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. Mayor Lockwood thanked State Representative Jan Jones and Johns Creek Councilmember Liz Hausmann for being present. APPROVAL OF MEETING AGENDA City Clerk Marchiafava read Agenda Item No. 07-288. Approval of the Meeting Agenda. Staff would like to request the following changes to the Meeting Agenda: 1)Add Approval of Financial Statements for the period ending June, 2007 to the Consent Agenda. 2)Add Oath of Office to members of the Citizens Advisory Committee for the Comprehensive Plan to Reports and Presentations. 3)Add the Presentation of the City of Ethics plaque to the City of Milton residents under Reports and Presentations. 4)Add Approval of the monthly legal fees for May 2007 to New Business. 5)Add a Resolution Amending Resolution No. 07-04-31 Adopting the City of Milton Zoning and Use Permit Schedule and Zoning Modification Schedule, Board of Zoning Appeals Schedule, and the City of Milton Design Review Board Schedule to New Business. 6)Remove Agenda Item No. 07-294, Approval of Revisions to Chapter 11, Article 2, Code of Ordinances, Business and Occupational Licenses from First Presentation. 7)Add an Executive Session to discuss pending litigation. Motion and Vote: Councilmember Mohrig moved to approve the meeting agenda as amended. Councilmember D’Aversa seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC COMMENT Vic Jones, 1125 S. Bethany Creek Drive, Milton, Georgia, said his neighborhood has been having complaints with Montana’s, which is adjacent to their neighborhood. On July 3rd there was a big celebration and they were particularly loud. One of our residents called the police and had a very quick response and he Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 2 of 11 wanted to thank the Milton Police for making them feel comfortable. They brought a decibel meter to help with noise ordinance compliance. They believe everyone is now in harmony and we are working together with the business. He wanted to thank the police and the City staff for Milton’s Noise Ordinance. City Clerk Marchiafava said this completes public comment. REPORTS AND PRESENTATIONS City Clerk Marchiafava said the first item was a Proclamation declaring the week of July 22nd through July 28th as MDA, City of Milton Firefighters Appreciation Week. Mayor Lockwood read the Proclamation proclaiming the week of July 22nd as MDA Firefighter Appreciation Week in Milton and encouraged all citizens of Milton, Georgia to recognize and support the efforts of these Firefighters on behalf of MDA. Betsy Grome, 4577 Blue Spruce Lane, Marietta, GA 30062 said she was proud to be a part of this event and spoke about the MDA-FF Proclamation. City Clerk Marchiafava said the next agenda item is the Founder’s Day Proclamation. This item will be presented by Councilmember Bill Lusk. Mayor Lockwood requested that State Representative Jan Jones come forward at this time. Councilmember Lusk said that it had been nearly a year since the people of Northwest or unincorporated Fulton came out in strong numbers to support the creation of the City of Milton. In seven months, since Council had started, there has been tremendous strides and everyone should be proud of all the accomplishments. The City needs to reflect on how they got where they are tonight. It is largely through the efforts of one person, and that person is State Representative Jan Jones. He then read the proclamation and one of the citizens presented Jan Jones with a banner thanking her for all she did for the City of Milton. State Representative Jones thanked the Mayor and every member of City Council and all of the staff. It was quite surreal to be standing there just two years after something that was just an idea. There is so much to be proud of and to look forward to and she always believed it would happen. We would not be sitting here with the framework we have without the help of two people. One of whom is here tonight,George Ragsdale, who chaired the City of Milton Citizen’s Committee and worked for a year and a half to put some of this together. She gave thanks to all who volunteered and mentioned to Chris Lagerbloom who heads the Public Safety Department, City Manager Aaron Bovos, and Ron Wallace, who chaired the Governor’s Committee. The City Council is doing so much for all of us with everyone’s help, and she appreciated each of them and appreciated the City. It was a huge effort creating the City and it demonstrates you can get things done. This is step one and her next step is that she will not be satisfied until she lives in and her children attend Milton High School in the City of Milton and that is in Milton County. Mayor Lockwood agreed with what Representative Jones said and he is very proud to be here. It is an honor. He thanked George Ragsdale for everything he has done to help get us here today. City Clerk Marchiafava said the next item that was added by motion and vote. Presentation of the City of Ethics to the City of Milton. Councilmember Thurman said the City of Ethics Program recognizes cities that make commitments to ethics conduct. While we attended the GMA conference last month, Milton was recognized for achieving the City of Ethics certification and received a plaque at that time. It was originally brought forward by Councilmember Neal O’Brien back on January 11, 2007. City of Ethics states that we will serve others, not Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 3 of 11 ourselves, use resources with efficiency and economy, treat all people fairly, use the power of our position for the well-being of our constituents and create an environment of honesty, openness and integrity. Milton is one of 18 cities that received this designation at the annual meeting. Councilmember Lusk added that he thinks there are only 160 cities that have qualified for the City of Ethics out of 536 cities in this state. City Clerk Marchiafava read the next item which was added by motion and vote. Oath of office to the Members of the Citizens Advisory Committee for the Comprehensive Plan. At this time, the members present were administered the Oath of Office by Mayor Lockwood. CONSENT AGENDA City Clerk Marchiafava read the Consent Agenda: 1. Agenda Item No. 07-289, Approval of the April 12, 2007 Regular Meeting Minutes. 2. Agenda Item No. 07-290, Approval of the April 19, 2007 Regular Meeting Minutes. 3. Added by motion and vote, Approval of Financial Statements for the period ending June, 2007 Motion and Vote: Councilmember D’Aversa moved to approve the Consent Agenda as amended. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. ZONING AGENDA (Zoning agenda items are transcribed verbatim) City Clerk Marchiafava read Agenda Item No. 07-291. RZ07-003 / VC07-003, 12608 Crabapple Road to rezone from AG-1 to MIX to develop 12,000 square feet of commercial and 31 units of residential and a 2 part concurrent variance to reduce the 75-foot buffer and 10-foot improvement setback to a 10-foot landscape strip adjacent to residential and to increase the number of stories to 3 and 40 feet high by Trinity Land Group, LLC. Community Development Director Tom Wilson said this is the first Zoning Agenda and we have a single rezoning on Crabapple Road. The staff analysis would be presented by Robyn MacDonald, the Senior Planner. Senior Planner MacDonald said this is a rezoning consisting of approximately 5.03 acres and is located on Crabapple Road and within the Crabapple Crossroads Plan. The applicant is requesting a total of 30 units of residential and 12,000 square feet of retail, with an overall total 2,385 square feet per acre within two buildings each containing 6,000 sq. feet with 15 condos above the retail. The purpose is to develop two detached town homes and 13 single family homes for a total of 30 residential units. With an overall density for the entire site of 5.96 units per acre. As she said before, the site is located in the Crabapple Crossroads plan and within that area it is located in the Livworth land use designation. The proposed mix use zoning is consistent with Crabapple Crossroads Overlay District Land Use Plan that recommends that this site be developed as village mixed use, village office/residential and sub-residential B. However, the stated densities are inconsistent with the recent policies set by the Fulton County Board of Commissioners and in Crabapple Crossroads Overlay Land Use Plan map. The recent policy calls for Five Units per acre within the village mixed and Village Office/Residential and 1.86 units per acre pursuant to 05Z-070 located to the east and northeast. The Planning Commission asked the applicant to revise their site plan to be in conformance with the recommended conditions. The applicant had previously proposed fourteen (14) single family detached homes at a density and submitted a revised site plan that shows a total of 13 single family detached homes. This is consistent with the land use plan, but it is inconsistent as far as the residential over the density. The sub residential B, which is in the rear portion of the property recommends a 2.5 units per acre net density and the applicant’s proposal has exceeded this with 4.48 units per acre. City Council adopted the Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 4 of 11 Focus Fulton 20/25 Comprehensive Plan on December, no November 21, 2006. The proposed development is partially consistent with the following Plan policies: Increase transportation choices and improve mobility; provide opportunities for mixed use developments; provide for the transition of land uses from higher to lower intensity; and provide a variety of housing choices in the Crabapple Crossroads area. Although partially consistent, it is inconsistent with another policy of the Neighborhood Node as approved in the Crabapple Crossroads Community plan. This Node basically consists of up to 100,000 square feet of retail and services uses and office uses not to exceed 20,000 square feet per acre with a maximum of 100,000 square feet in total office uses and not to exceed 10,000 square feet of retail, commercial for the entire area. At the end of last year, the Fulton County Board of Commissioners has basically approved zonings that would come up to 100,000 cap for both office and for commercial. The Applicant is requesting a concurrent variance, a two part concurrent variance. One is to reduce the 75 foot buffer and 10 foot improvement set- back along the west property line. Staff recommends a denial of this because of the entire zoning is inconsistent with board and planned policies. The applicant has also requested a concurrent variance to increase the building height from 30 feet to 40 feet at the eave which is the northwest overlay district requirement. Again, staff is recommending denial based on both the inconsistency with the plan and also with previous board policy not allowing that. In conclusion, the proposed retail and residential development is inconsistent with the policies of the Crabapple Crossroads Plan and the Fulton County Board of Commissioners policy. Therefore, staff recommends that this request to develop 12,000 square feet of commercial/retail and 30 units of residential and the two part concurrent variance be denied. The Planning Commission also recommended denial of both, the zoning and the concurrent variances. Karen Sanders, Trinity Land Group (Applicant)said the property is a 5 acre tract of property that is currently situation between two developed properties that are currently under construction. They are right there in the middle. Right now there is a house and also a small church that sits on the property.As background information, when they approached the property owner, they were presented the future land use map that was provided to the seller by Fulton County. That was their basis for how they would sell this property and how to plan for future development. On that property, it is slated for a mix of uses, retail, commercial, and residential. The initial conversations with the City staff indicated there was a cap, but none of us could really understand what was going on and then we found out it might be an uphill battle. They actually took a step back and looked to see if this was really something they wanted to do. The more they got into the project, we started re-hashing what is going on around the heart of Crabapple and we were then invited to present a site plan for the City to take on the opportunity to try and test the waters and see what would happen. So with that, they hired the Sizemore Group as their planner to design something that they felt the City and the community would like and that would embrace the vision of the Crabapple community. They found out soon about the 100,000 square foot cap and they realized there was an inconsistency with the future land use map and what it showed and what the seller represented to us and what the neighborhood node designation was. At that point, they started having more discussions on size and realized that they needed to give it their best shot and that is why they hired the Sizemore Group and they created the plans for them and we wanted to create a pedestrian oriented and village environment. Some of the aspects of the plan is that they have one of the newer concepts that is a residential over retail which provides a mix and they exceeded they provided more green space that was required. They have the critical connectivity of the roadways branding trails between two developing parcels which would take congestion off of Crabapple Road. They hired a traffic engineer and an arborist, both of which were not required. They have spent a lot of deal of money trying to satisfy all of the requirements. They provided three housing types, which is one of the components of the plan. They have also appeared before the Planning Commission and the Design Review Board. (Clerk’s Note: A representative from the AJC asked the facilities manager, Terry Robinson, to be allowed to have his audio recorder plugged into the City’s recorder to aid him in his news report. This request was granted at the beginning of the meeting, but at this point in the meeting, Mr. Robinson noticed the recorder had stopped recording. He immediately unplugged the AJC recorder and plugged the City’s back into the Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 5 of 11 main board. However, position 40:27 to 51:45 on the City’s tape is blank. This occurred during Public Comment and there were four individual’s public comment not recorded) Support of Agenda Item No. 07-291,RZ07-003 / VC07-003: 1.Karen Sanders, 301 Red Gate Overlook, Canton, GA 30115 2.Roberta Wilber, 1030 Windsor Place Cir., Grayson, GA 30017 3.William J. de St. Aubin, 5250 Pikes Pk Ct, Marietta, GA Opposing of Agenda Item No. 07-291, RZ07-003 / VC07-003 1.Carol Lane, 14890 East Bluff Road, Milton, GA 30004 2. Rose Prestianni, 105 Providence Oaks Point, Milton, Georgia 30004 Rose Prestianni, Milton Resident (the first part of her comments were not recorded and it picks up at this point) said the issue about the trees is quite serious. In a City such as Milton which talks about a certain quality of life and she does not think it is in the City’s best interest to cover more and more green space with cement or blacktop. Any arborist would reinforce the point that trees will not survive. This density is too much for this area and she believes it has been stated on previous occasions that the Crossroads could support economically less than 100,000 square feet of commercial use and there is some concerns about making sure this area grows the way we want to see it grow. She believes the increase in density certainly should not be supported. There were some issues and concerns raised about being able to get to these folks relative to fire and police safety. There were concerns raised about the tightness of the design and the impact from increased traffic that would happen in this area. For all of these reasons, she would like the Mayor and Council to support recommendations from staff with regards to this request and to also support the Planning Commissions unanimous recommendations after they also denied this request. City Clerk Marchiafava said this concludes Public Comment. Mayor Lockwood asked Tom Wilson if in his opinion if there was anyway they could work with applicant’s proposal to make it fit within the guidelines. Community Development Director Wilson said that their recommendation for denial is based only on two things, whether or not it is consistent with the comprehensive plan and with previous policies and in this case, Fulton County's previous policies. That is why we are recommending denial. In the packet there are alternate conditions that are consistent with the comprehensive plan and the Council’s policies for residential only. He believes the question is what would we have to do to tweak this to make it compliant with the comprehensive plan and the answer to that is we would have to make all of this residential, which is why you have an alternate set of conditions should you choose to do that. Councilmember Thurman said she knows there has been a lot of discussion from staff and maybe there are people in the audience who are not familiar with it whether the 100,000 square foot cap was absolute or were there guidelines and wanted Tom to give some insight and his professional opinion is about the 100,000 cap. Community Development Director Wilson said the 100,000 caps for both office and commercial space is absolutely a policy expressing the Comprehensive Plan. It is not rigid or unable to be changed. You can do that if you change your policy. By approving this tonight, you would be essentially changing your policy. Councilmember Thurman said she knew they had some problems with the Crabapple Plan. We actually changed the plan prior to just making zoning changes that are against the plan. In doing so do we change our policy as we go along. Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 6 of 11 Community Development Director Wilson said it is not staff’s recommendation that they change their policy. Councilmember Zahner Bailey asked about the neighborhood node. She appreciated staff comments that they did as a body and as a jurisdiction adopt the 20/25 focus Fulton Comprehensive Land Use Plan which very specifically defines what that neighborhood node definition is. Ms. McDonald did not specifically reference it in her presentation this evening, but just for the record, she would like to mention that on Page 11 of 13 of the staff’s analysis, it very specifically provides the language from or adopted policies or from those policies that were the Fulton County policies by which other zonings have been held to that standards. Similarly there have been some zonings in the same area that have been denied as a result of this direct language that comes out of those policies that Tom Wilson mentioned. Councilmember Zahner Bailey read from page 11 of the Comprehensive Plan that applied to this rezoning issue. Language is specifically out of the Comprehensive Land Use Plan that was officially and legally adopted by the Council. Councilmember D’Aversa said from perspective of policies that our policies are not merely guidelines when we, as a new council, have been to a lot of training recently where GMA and a number of groups will tall you for the record that our policies are the law and not merely guidelines. These are the law and not just guidelines and are not to be taken lightly. She did not think you will find this Council making changes and taking it lightly in making changes. Her comment for the future and for the Trinity Group is to try to conform their request to those policies as opposed to asking for those policies to be changed. We are probably less apt to make those types of changes for the future. We take it very seriously and she hopes the applicant would come back with an alternate plan. Councilmember Lusk asked staff about their closing statement which started off with denying what has been submitted. Further on, it goes on to state that staff recommended that the subject property be rezoned to a NUP (Neighborhood Unit Plan) with conditions and then the conditions are stated which essentially establishes this project as just a residential use of that property. Included herein are alternate conditions that are acceptable by staff and the Planning Commission and the Design Review Board. Community Development Director Wilson said they were written by staff and they indicate the impact this might have on the surrounding community. He does not recall that the Planning Commission had actually considered the alternate conditions. Councilmember Thurman said the Planning Commission out rightly denied it. They did not zone it. Community Development Director Wilson said they did not recommend an alternate zoning. They recommended a denial of the request. Councilmember Lusk asked if Mr. Wilson would recommend his proposal go in front of the Planning Commission and the Design Review Board with this changed zoning before they take further action. Community Development Director Wilson said that actually it had already been in front of the Planning Commission and they did not take that option that was available to them. Councilmember Zahner Bailey asked for the record if the applicant owned this property. Community Development Director Wilson said he does not believe they own it outright. No. Councilmember Zahner Bailey said she would like to clarify that this particular site plan went to the Planning Commission. It is her understanding that the Planning Commission offered a deferral and the Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 7 of 11 applicant had the opportunity to go back to the drawing board and resubmit a site plan that would have been consistent with the recommendations of the Comprehensive Land Use Plan as well as the recommended conditions of the Crabapple Master Plan and asked if that were accurate. Community Development Director Wilson said they had that opportunity. Councilmember Zahner Bailey asked that when they came back for the second presentation to the Planning Commission, had their site plan changed other than that one residential unit that Ms. MacDonald mentioned in her presentation? Community Development Director Wilson stated no, not significantly. Councilmember Zahner Bailey said just for the record she wanted to be sure that she is clear that there was an initial presentation with the planning commission. They did offer up after extensive dialogue and an opportunity for the applicant to go back and come back with a rezoning that would have been consistent. They chose not to do so before the resubmission. The second presentation, the Planning Commission actually came forward with a site plan that was virtually the same with the exception of that one unit that was changed. So, what was before them this evening had already gone through two presentations with the Planning Commission. Is that correct. Community Development Director Wilson stated that was correct. Councilmember Zahner Bailey said their ultimate denial was based on not only that first consideration, but the 30 day deferral and then reconsideration at a separate public hearing. Community Development Director Wilson said he believed that was correct. Motion: Councilmember Zahner Bailey moved to deny based on the recommendation of staff and the unanimous recommendation of the Planning Commission. City Attorney Scott asked Councilmember Zahner Bailey if her motion to deny was just for the site plan or the entire application. Councilmember Zahner Bailey said it was for the entire application. She is approving the recommendation of staff to deny the entire application, including the site plan as presented. City Attorney Scott said he wanted to make that clear. Second: Councilmember D’Aversa seconded the motion. Discussion on the Motion: Councilmember Thurman asked if that does include the concurrent variances. Councilmember Zahner Bailey said yes that does include the entire packet which includes the concurrent variances one and two, the height as well as that 75 foot and 10. Mayor Lockwood said we have a motion to deny the entire application for Zoning Item RZ07-003 / VC07- 003, 12608 Crabapple Road to rezone from AG-1 to MIX to develop 12,000 square feet of commercial and 31 units of residential and a 2 part concurrent variance to reduce the 75-foot buffer and 10-foot improvement setback to a 10-foot landscape strip adjacent to residential and to increase the number of stories to 3 and 40 feet high by Trinity Land Group, LLC, which includes both hearings. Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 8 of 11 Vote: There was no further Council discussion. The motion passed unanimously. City Clerk Marchiafava said this is the first presentation and there will be no discussion on this item. It is Agenda Item No. 07-292. RZ07-006, Text Amendment to Article 33.25 of the City of Milton Zoning Ordinance - flag pole height. Motion and Vote: Councilmember Thurman moved to approve the First Presentation RZ07-006, Text Amendment to Article 33.25 of the City of Milton Zoning Ordinance - flag pole height.Councilmember O’Brien seconded the motion. The motion passed unanimously. FIRST PRESENTATION City Clerk Marchiafava read Agenda Item No. 07-293. Approval of an Ordinance of the City Council to Authorize Fulton County to Conduct Elections Motion and Vote: Councilmember Thurman moved to approve the First Presentation of an Ordinance of the City Council to Authorize Fulton County to Conduct Elections. Councilmember D’Aversa seconded the motion. The motion passed unanimously. NEW BUSINESS City Clerk Marchiafava read Agenda Item No. 07-295 Approval of a Resolution Accepting the Recommendations of the Milton Bicycle and Pedestrian Path Advisory Committee for the Milton Trail Plan. Resolution No. 07-07-47 Deputy Director of Community Development Tuller said the resolution before them was to accept the recommendations of the Milton Bicycle and Pedestrian Path Advisory Committee. The Milton Trail Plan had been underway for four months on developing priorities and a master plan for the city and Staff would like to recommend the acceptance of these recommendations. Staff would continue to look at specific alignments related to sidewalks, connectivity and also the appropriate alignments for the recreational multi- use trails on the roadways based on topography and existing conditions. City Clerk Marchiafava said there was no public comment on this item. City Manager Bovos advised Council that by accepting the recommendations from the Committee this was in no way a commit them to funding. There had been discussions previously on that issue and he just wanted to reiterate that. Councilmember Thurman said she believed the volunteer members of the committee will continue to meet, but without the assistance from Dr. Bill Drummond of Georgia Tech because his contract had been completed and then asked if this was correct. City Manager Bovos said that was correct and that was actually in the very next item. Motion and Vote: Councilmember O’Brien moved to approve a Resolution accepting the Recommendations of the Milton Bicycle and Pedestrian Path Advisory Committee for Milton Trail Plan. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. City Clerk Marchiafava read Agenda Item No. 07-296. Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 9 of 11 Approval of a Resolution Amending the Involvement Program Timelines for the Milton Bicycle and Pedestrian Trail Committee. Resolution No. 07-07-48 Deputy Director of Community Development Tuller said the second resolution before them was to approve the amending of timelines for the Milton Bicycle and Pedestrian Trail Committee. This would allow them another 12 month period to meet on an incremental basis. It is recommended that they at least meet on a quarterly basis but that does not preclude them from meeting on a monthly basis if they so choose. We would like to maintain the tenure of Dr. Brian Maloney as the Chairman and also the appointed committee members. If any members do choose to step down from the Committee, the appropriate Council Member and State Representative is requested to add new members to that Committee. Staff does recommend the approval of the resolution as created. There was no public comment. Councilmember O’Brien asked if staff and Mr. Tuller would continue to work in their roles and guide the committee when they meet. Deputy Director of Community Development Tuller said he and Transportation Engineer Abbie Jones would continue to attend the monthly or quarterly meetings, as they choose. Motion and Vote: Councilmember Thurman moved to approve a Resolution Amending the Involvement Program Timelines for the Milton Bicycle and Pedestrian Trail Committee. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. City Clerk Marchiafava said that added to the agenda is Item No. 07-299. Approval of the monthly legal fees for May 2007. City Treasurer Wolfe presented the invoice for May legal fees from Jarrard and Davis in the amount of $15,501.11. This is the same format they had seen previously and Staff had reviewed the invoice and approved the areas in which the City engaged legal services. The remaining items are in the agenda for approval. She apologized for not having the balance on the agenda item, as it was inadvertently left off and she would email that balance to them tomorrow. City Clerk Marchiafava stated there was no public comment. Motion and Second: Councilmember Thurman moved to approve the monthly legal fees for May 2007 from Jarrard and Davis. Councilmember Lusk seconded the motion. Councilmember Zahner Bailey said she needed clarification on what was left off inadvertently as they did at their last meeting when they reviewed the invoice and asked Ms. Wolfe to let them know where they were relative to both their original and amended budget. City Treasurer Wolfe said she would do that. Councilmember Zahner Bailey said before Council approved this invoice, could she give a status of where they are and if not, that was fine. City Treasurer Wolfe said she had so many budget numbers swimming around in her head that it would really be a guess and that she would send all that information to Council. Special Called Meeting of the Milton City Council Thursday, July 12, 2007 at 7:00 pm Page 10 of 11 City Attorney Scott said he was on vacation the last week of June and did not think the bill would be very high for July. Vote: There was no further Council discussion. The motion passed unanimously. Mayor Lockwood asked the City Clerk to sound the next item. City Clerk Marchiafava said that added by motion and vote. Resolution Amending Resolution No. 07-04-31 Adopting the City of Milton Zoning and Use Permit Schedule and Zoning Modification Schedule, Board of Zoning Appeals Schedule, and the City of Milton Design Review Board Schedule to New Business. Resolution No. 07-07-49 Director of Community Development Wilson said the current procedure for handling modifications is about a two and half month long process. We developed that time line some time ago when it was contemplated that they would have the zoning agendas on the first Thursday of the month. Since that time they decided we would move that to the third Thursday of the month which allowed time to get the advertisement done. We can actually reduce this time period from two and a half months to about a month and half. Staff recommends that the Council approve this modified schedule. There was no public comment on this item. Motion and Vote: Councilmember Lusk moved to approve a Resolution Amending Resolution No. 07-04- 31, adopting the City of Milton Zoning and Use Permit Schedule and Zoning Modification Schedule, Board of Zoning Appeals Schedule, and the City of Milton Design Review Board Schedule to New Business. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. MAYOR AND COUNCIL REPORTS City Clerk Marchiafava stated the next item was Mayor and Council Reports starting with the Mayor. Mayor Lockwood said he did not have any reports right now and asked if there were any Council reports. Report on GMA Conference in Savannah: All the Councilmembers gave brief statements on their attendance at the GMA Conference in Savannah, Ga. and all agreed the training was invaluable and they learned things to help Milton become an even better City. It was great to see what other cities are doing and how we might implement their processes into Milton. They were also able to meet Mayors and Councilmembers from other cities and they are all looking forward to the Savannah conference next year. STAFF REPORTS City Manager Bovos said today was our only meeting for the month of July and the Monday meeting agenda review will be July 30th. We have a normal scheduled City Council meeting on August 2nd and then August 9th would be the next work session. We have four normal business items on that work session plus an estimate of a three hour budget presentation so we are looking at about five or five and a half hours for that particular work session as the agenda stands today. EXECUTIVE SESSION City Clerk Marchiafava said the next item is Executive Session which was added by motion and vote. Special Called Meeting of the Milton City Council Thursday, July 12,2007 at 7:00 prn Page I1 of11 Motion and Vote: Councilmember Mohrig moved to Executive Session to discuss pending litigation at 9:IO pm. Corzncilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. EXECUTJYE SESSION ADJOURNMENT Motion and Vote: Councilmember Mohrig moved to adjourn the Executive Session at 10:04 pm. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed lunanirnously. MEETMG RECONVENED Motion and Vote: Councilmember Thurman moved to reconvene the July 12, 2007 Special Called meeting at 1 0:05 pm. Councilmember Mahrig seconded the motion. There was no Council discussion. The motion passed unanimously. ADJQURmmW. Motion and Vote: Councilmember Thurman moved to adjourn the July 12, 2007 Special Called meeting. Councilmember Mohrig seconded the motion. The motion passed unanimously. After no further business, the meeting was adjourned at I0:06 prn Date Approved: September 6,2007 R. , -1, qdette Marchiafava, City Clerk * Joe Lwkwocd, Mayor