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HomeMy WebLinkAboutMinutes CC - 09/20/2007 - MINS 09 20 07 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 1 of 20 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. The Regular Council meeting of the Mayor and Council of the City of Milton was held on September 20, 2007 at 7:00 PM, Mayor Joe Lockwood presiding. INVOCATION - Led by Jo Benson, Congregational Minister of Community of Christ Church. ROLL CALL City Clerk Marchiafava called the roll. Councilmembers Present: Mayor Joe Lockwood, Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Lusk, Councilmember O’Brien, Councilmember Tina D’Aversa, and Councilmember Rick Mohrig. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA City Clerk Marchiafava stated that the next item is the Approval of the Meeting Agenda. Staff would like to add the following item: Add to New Business the approval of a Resolution Appointing John Bell as the City of Milton representative to the North Fulton Community Improvement District Board to New Business. Motion and Vote: Councilmember Mohrig moved to approve the Meeting Agenda as amended. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC COMMENT Bill Flanagan, 2255 Mountain Road, Milton, GA • Spoke regarding sign ordinance. • Sells real estate and lost a few signs last week. • Selling real for over 30 years and never lost a sign. Mayor Lockwood: • There are many people present tonight to speak regarding sign ordinance. • Have not changed Ordinance regarding setbacks. • Asked Community Development Director Wilson or City Attorney Mark Scott to explain City of Milton Sign Ordinance adopted and the existing Fulton County Sign Ordinance. • Now enforcing ordinance. Community Development Director Wilson: • Talked about differences. • Milton Ordinance is content neutral and is based on zoning district they occur in. • Not based on message on sign. • Did not adopt Fulton County Zoning Ordinance - declared unconstitutional. Carol Russell [no address provided]. • Spoke in opposition to portions of sign ordinance. • Realtor for 10 years selling in Birmingham area. • Present for same reasons. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 2 of 20 Denise Collins, 16435 Birmingham Highway, Milton, GA • Spoke in opposition to portions of sign ordinance. • Home currently for sale. • Signs were removed from yard with no notification. Lauren Holmes, 13900 Haygood Road, Milton, GA • Spoke in opposition to portions of sign ordinance. • 20 feet off the curb and no larger than 4 sq. ft. • Distance versus speed limits make impossible to see signs. • Problems with trying to sell property. Lillian Huber, 14840 Birmingham Highway, Milton, GA • Spoke in opposition to sign ordinance. • For sale sign removed from property. Leon Cole, 15700 Birmingham Highway, Milton, GA • Spoke regarding Milton Candidate Forum. • October 9, 2007 at Birmingham United Methodist Church. C. E. Huber, 14840 Birmingham Highway, Milton, GA • Opposition to sign ordinance. • Concurred with wife and broker. • Affects sales of homes. • Appears it is only real estate signs being taken. Roger Santi, 545 Tullamore Way, Milton, GA Read the following statement: • “Wanted to offer thoughts on the planned Proclamation for a Councilmember tonight by another elected official and political ally. • Felt it is an abuse of power and position to concoct such a Proclamation at taxpayer's expense. • No doubt staff and taxpayer resources were utilized to publicize this item presented just a few weeks before the upcoming election which begs the question of motive and timing. • Such a political show is sadly typical whether claiming credit for others work, or laboring discussion to the point of staff's exhaustion or refusing to pay attention to the job at hand. • Most taxpayers would want the council to remember that they are elected to perform a job not given a stage upon which to perform for their own gratification. • Most Councilmembers seem to get this point. Sadly, there is exception. • Despite the value of environmental issues in general and the great Rivers Alive program in particular, all of which I support; the topic tonight is masked as self-serving politics. • The wasting of Council time and City resources in this way is hyped hypocrisy and should be censored. • The project in question is not a selfless project conducted on public land. Rather an amazing demonstration of one person's ability to manipulate the good intentions of unwitting volunteers roped into an annual cleanup on a Councilperson's own backyard riverbank. • City can hardly afford the meetings which are tripled the necessary length along with staff burnout and possible loss of the quality we enjoy at present among these dedicated public servants. • If every councilmember stooped to such self-promotion, nothing would ever get done. • I implore the moderator and sane members of the Council to reign in this type of fraud, waste and abuse. Thank you.” Gary Jablonski, 2680 Grassview Drive, Milton, GA • Need United States Post Office in the City of Milton. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 3 of 20 • Recycling program similar to Roswell. • When will we terminate CH2MHill contract and take on own running of City. Chris Hoffman, 14475 Thompson Road, Milton, GA • Realtor in area. • Opposition to sign ordinance. • Meeting with local realtors. • Need business/resident/City cooperation. City Clerk Marchiafava said that completes Public Comment. Mayor Lockwood said we appreciate all the public comment. He will email Council and they will have discussion with staff and City Attorney to look at options regarding signs. REPORTS AND PRESENTATIONS Proclamation declaring September 17-23, 2007 as Constitution Week. Mayor Lockwood: • Read the proclamation and presented it to the Sons of the American Revolution. Proclamation recognizing Councilmember Julie Zahner-Bailey's efforts on behalf of Rivers Alive. Councilmember D'Aversa: • Requested that Roy Blackwell and Boy Scouts join her. • Read Proclamation. • Roy Blackwell will have a short speech. • She presented the Proclamation to Councilmember Zahner Bailey. Roy Blackwell, 1365 Nix Road, Milton, GA: • Past pack committee chairperson for troop. • Thanked Councilmember Zahner Bailey for being involved in Rivers Alive and for teaching the troops about environmental issues. • Troop 3000 has adopted a stretch of highway along Birmingham Highway to keep water out of the streams before it gets there. Councilmember Zahner-Bailey: • This project is not about her, but acknowledged the young people. • Learning about environmental issues. • Result of the young people helping to clean up community. • Exciting program that teaches importance of cleaning up environment. • All the young people, parents, and other volunteers do make a huge difference. Councilmember Lusk • Roswell has a similar program that helps clean the Chattahoochee. • 250 people participated in event. • Picked up over 2,000 pounds of trash from river banks. • Appreciates value of natural resources in this state. • Did not approve of this proclamation. • Believes timing was an opportunistic venture. • As member of the City Council, does not want to be included in the proclamation. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 4 of 20 CONSENT AGENDA 1. Approval of the Financial Statements for the period ending August 2007. 2. Approval of the August 9, 2007 Work Session minutes. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously. City Clerk Marchiafava read the zoning rules. Mayor Lockwood said since he is the Director for a bank that will potential occupy one of these buildings, he recused himself. He handed the meeting over to Mayor Pro Tem Karen Thurman and will return after this zoning agenda is completed. At this time, Mayor Lockwood recused himself and left the meeting. ZONING AGENDA RZ07-010 - 13941-13945 Highway 9 North, to develop three (3) office buildings with a bank in one (1) 14,104 square- foot two-story building and two (2) 7,000 square-foot buildings for a total of 28,104 square feet at a total density of 5,332 square feet per acre. Community Development Director Tom Wilson: This zoning request is to rezone from architectural to office and institutional for the office buildings mentioned by the City Clerk. Senior Planner Robyn MacDonald will give a brief synopsis of the staff report. Senior Planner Robyn MacDonald: In staff's opinion, the proposed bank and general offices will not adversely affect existing use or usability of adjacent or neighbor properties if developed with the recommendations. The request is partially consistent with the future land use map and complies with the policies of the Comprehensive Plan. Application is for general office. She read the applicable plan policies from the Focus Fulton 2025 Land Use Plan. Staff recommends approval. This matter went before the Planning Commission and was approved 6-0. Councilmember Mohrig: Asked if this will be in compliance with the parks and trails. Senior Planner Robyn MacDonald: That is correct. Councilmember O'Brien: Just to be clear, in the event Highway 9 is widened, are these improvements placed so as to be retained and will still be useful even if Highway 9 is eventually widened by GDOT, or do we lose all that? Senior Planner Robyn MacDonald: In the conditions, the Public Works Department is requiring dedication and reservation so that everything should be interior to that. Public Works Director Drake: We have a 55 foot right-of-way setback that is required. Councilmember O'Brien: The improvements with the sidewalks and the soft trail that is being provided will they still be an asset in place after any subsequent widening that is planned for Highway 9? Public Works Director Drake: That is our understanding. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 5 of 20 Community Development Director Wilson: He would like to go over the other two conditions that we wish to modify. • Under condition 5(b) we are proposing that you substitute the following condition for 5(b): Stormwater Detention facilities and Water Quality facilities shall utilize urban embankments where possible. If wall structures are required, they should be located underground or constructed with acceptable architectural materials. Exposed concrete walls are not allowed. All natural surfaces are to be planted with an appropriate sustainable vegetative cover. All vegetative surfaces are to be regularly maintained. • Also under 5(d) we would like to substitute this condition: Where fencing is required, it should be equestrian style wood rail fencing. Our recommendation is approval with these modified conditions. Councilmember D'Aversa: Asked if Arborist Mark Law could address the trees. There are some specimen size trees that are going to be removed from this property and she thought Mark could give us his comments regarding his review of these trees. City Arborist Mark Law: Referenced the trees from Council Package. • Discussion about the one 36 inch oak tree. The house has already been demolished from this site and he cannot tell where the existing house was located at this site. • In one picture it looked like house was on top of the tree and was definitely inside of the critical root zone. This is a healthy tree and could use some maintenance. • Next is a pecan tree that is probably the nicest as far as specimen trees. It is shorter lived than the hardwoods. It is a nice size and healthy pecan tree. • Next tree is a 35 inch oak. Behind the house to the north is an existing shed right next to the tree about 5 feet from the tree right on top of the critical root zone, existing driveway, parking, house, debris and a ton of stuff well inside of the critical root zone of the tree. It could live for probably another 10 years if left alone, but he does not believe it could survive any additional disturbance around the tree. • Next tree is a 42 inch oak that is in front of the house and the house is on top of the critical root zone also. It has exposed roots and same situation as the other tree. It could live another 10 years if left completely undisturbed. Councilmember Mohrig: So you are saying that in order to take down these structures which they need to, those trees would probably not survive. City Arborist Mark Law: They probably will not survive. Too much disturbance is going to occur around them. He showed Council another picture of the house and trees. The other trees are pine trees that were healthy. When you start removing surrounding trees they are jeopardized by wind and inhibit them from surviving. Councilmember O'Brien: Asked if all of the trees then are likely not going to survive the development that is proposed. City Arborist Mark Law: The two on the north definitely he does not believe will survive. Construction damage can sometimes take up to seven years for the trees to show they have even been impacted. It is just the location and the disturbance for the parking and buildings. Pecan trees sometimes can live 100 years, but we are talking about perfect conditions. Trees can live 200, 300, and 400 years if they have the perfect conditions. We do not see those conditions around here anymore. Councilmember O'Brien: Asked how old does he think the pecan tree is. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 6 of 20 City Arborist Mark Law: It is hard to say, but probably 40-45 years. There is no perfect science from just looking at the trees. Councilmember Thurman (Mayor Pro Tem): First, we will hear from the applicant and those speaking in support of the rezoning request. (Note: Zoning items are typed verbatim) Applicant, Garland Pinholster, 1770 Flatbottom Road, Ball Ground, GA: Privileged to be the chairman elect of First Milton Bank and organization. That is what we will become a real bank if we are allowed to build a bank there. We wish to build a bank that would fit in with all of the regulations that Milton Planning Group has developed. Not here to circumvent any regulations. We have worked diligently with the staff and our staff has worked cooperatively and not in any adversarial way to the full extent of this application. We do, of course, need to build a bank. We are going to go the extra mile on the environment and particularly on landscaping. We think it is good business to do good landscaping and go the extra mile to present proper flowers in the proper seasons and proper vegetation and have good aesthetic appeal. We will do everything within our power to do that. We want to help build Milton, not tear it down. We want to be good citizens. Our senior staff has already joined the Chamber of Commerce, the Rotary Club, Kiwanis Club, and we will try to enhance what you are doing rather than circumvent. I will now turn it over to our senior staff member, David Mancuso, who can talk to you in more detail. Applicant, David Mancuso, 8440 Woodland View Drive, Gainesville, GA: I work at 13920 Cumming Highway or Georgia Highway North, Suite 140. This is where our temporary offices have been since March of this year. As Dr. Pinholster has indicated, we have tried to organize a bank and as such we have the group that is known as The Milton Organizers, LLC. They have agreed to acquire approximately 5.271 acres located on the east side of Highway 9 North, just north of the intersection of Georgia Highway North at Bethany Bend. The Milton Organizers, LLC has submitted the rezoning application petitioning for a change in zoning regulations at this site from AG-1 to O&I. The requested O&I allows for creation of the bank building and general office space we envision and propose at this site. We propose total maximum density for the site of 28,104 square feet or 5,332 square feet per acre. There was a courtesy review of our proposal by the City of Milton Design Review Board and have agreed to address affirmatively their comments. We have further successfully presented our petition to the City of Milton Planning Commission and our application was approved unanimously by the Planning Commission at their meeting on August 28, 2007. There has been no public opposition expressed at any of our public meetings held specifically to discuss our rezoning application and the proposed bank building project. Further, we willingly and fully accept and intend to comply with all of the staff recommended conditions of approval enumerated in the Community Development Recommendation Report. In my opinion, the petition reflects project concurrence with the requirements of the State Route 9 Overlay District and the 2025 Comprehensive Land Use Plan without requiring a request for a variance. The other properties in the immediate area surround our site are zoned and/or used for residential and retail uses with an absence of office zoning and use in the neighborhood. Accordingly, this zoning proposal brings to the neighborhood the missing element of office use needed to complete the mix of uses intended under the neighborhood living designation. In my opinion, this application for rezoning is appropriate and I request that you consider approving the application as submitted. Thank you for your consideration. (Presented a rendering of the site). Councilmember Thurman (Mayor Pro Tem): Called for anyone speaking in support of Applicant. There were no speakers in support. Called for anyone speaking in opposition of Applicant. OPPOSITION: Jon Carroll, 2140 Country Ridge Road, Milton, GA: I am not in opposition to your development. I think it meets the mixed use. (Referenced site map). He is concerned about where Bethany Road meets Highway 9 and there is a big stoplight. It does not look like in the future whether they widen the road or not, that they are going to be able to put another stoplight where this property is. If you have ever been Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 7 of 20 in that area you know that the road dips really severely there. If you are at the stoplight going up the road you cannot see traffic half of the time there. I am concerned about people trying to take a left out of there out on Highway 9. It would be kind of dangerous and I was wondering if you guys have plans to control the traffic there or if there is a thought of putting a stoplight there. It is only the traffic issue I am worried about. It meets all the other criteria, so if you could talk about that. Councilmember Thurman (Mayor Pro Tem): Called for any other opposition. City Clerk Marchiafava: Stated there is no other opposition. Councilmember Thurman (Mayor Pro Tem): Asked if the applicant would like to address this matter is his rebuttal? Applicant, David Mancuso: We have had a traffic impact study completed and we intend to widen Highway 9. It will be three full lanes and the traffic study has been provided to the City. We will do what we need to do such that there is sufficient space traveling northbound to pull to the right and slow down and pull into the parking lot for ingress purposes. It only shows one lane on our site plan because it was still conceptual, but we will actually have two egress lanes from the south so you will have acceleration north and then you will have a left turn lane traveling south on Highway 9. We are going widen the road and meet the traffic study requirements. We want to be a good neighbor. For employees going in and out as well as clients, we want it to be as safe as it possibly can. We are right across from the site right now and we see that everyday. People do have a tendency to travel pretty quickly north of the Bethany Bend intersection. Councilmember Thurman (Mayor Pro Tem): Asked if there is any Council discussion Councilmember Mohrig: I know it is a state highway. Can staff address how this is going to work as far as the decel lanes, left hand turn lanes, and does this have to go through GDOT approval, or something we can locally control? If approved, we would not have a problem with the applicant actually doing the enhancements to Highway 9? Community Development Director Wilson: Asked transportation department to address this. Transportation Engineer Abbie Jones: Staff has and continues to work with GDOT cooperatively. GDOT is in charge of all of the state routes, but does work cooperatively with the city for state routes within the city limits of Milton. The site plan meets the proposed requirements that were discussed in their traffic impact study which is required as part of rezonings and has been submitted to staff. Councilmember Zahner-Bailey: Going back to the specimen trees, the site plan they were given did not initially identify the specimen trees. Is there not an opportunity to perhaps reconfigure to such an extent that perhaps some of those specimen trees could be saved and be an option. One opportunity that seems to strike me is in the parking area. I know you are proposing more parking than what is required by the development standards, but if you could perhaps enhance the site plan as opposed to having a clear cut on 5.2 acres. Especially if you are looking at a phase approach, perhaps the parking could be shifted. Applicant, David Mancuso: We do have some expert guidance that we have gotten from consultants and builders as part of our design team. We would prefer to try to save the specimen trees. I would ask Buzzy Mueller to address this more completely with some technical expertise, but the elevation of the site and the elevation of Highway 9 which we cannot adjust dramatically, does not lend itself to much other than the gradual sloping and in building the site, we are going to have to remove a lot of Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 8 of 20 material in from Highway 9 back to where the bank is so we can meet all of the setbacks from Highway 9 and the property south and east of us for the bank building. We understand that with the grade change as the arborist mentioned tonight, you jeopardize the survivability of the specimen trees. I can tell you that what we intend to do if we are approved is to build the bank initially and the two proposed office buildings apart from the bank building are future development. We do not intend on doing that anytime in the immediate future. Perhaps in a few years from now. We want the plan to be approved at this point, but we are really just thinking down the road, so those trees would remain in place as best we could. The site will be developed in phases so that the trees would remain on the northern side of the site at least initially, so it would not be a clear cutting of the site. John "Buzzy" Mueller, CBI Company, Peachtree Industrial Boulevard, Duluth, GA: We are the site engineers. I know some of you have been out there and will agree as the arborist that the development of this site is predicated on the ability to get on the site. There is substantial grade change at the site center which requires us to elevate that area. Some of the trees fall into the area where fill would be required. The intent is not to destroy the trees. We will not be disturbing anything to the rear. The arborist mentioned that there is some dense woods to the back, so we will not disturbing that area and will use that as a natural buffer with the change of zoning to the rear. In the practical approach, we will do everything we can to do any change that is appropriate to try to save the trees. In reality, just from simple engineering and the difference in grade from Route 9 down to the site and the need for a comfortable flow down in and coming out there will be a need for imported fill. With that you begin to jeopardize the potential saving of the trees in question. I am concerned with clear cutting issues and am not a fan of clear cutting. In this particular case, to achieve what we need to achieve for the full site development and to accommodate some of the stormwater system and sewer and septic systems, we will need to change the grade and that influences the ability to save some of the trees. A simple redesign of the site still does not adjust the grade and that is our concern. I will meet you out there if you would like and I will show you the trees and the grade change. It is not a simple solution. (Referenced areas on site map). If this site gets developed the way we as engineers have to do it, we have to be sensitive to the elevation of the site. Councilmember Zahner-Bailey: Has staff looked at anything that might allow the site plan to be configured to at least attempt to save at least one or two of those trees and be part of the development as opposed to just presuming that we cannot do that? Perhaps there might be some middle ground to achieve that. Applicant, David Mancuso: I am not an engineer, but the site itself does not lend itself unfortunately to keeping those trees. The site plan is conceptual. The engineering is not done at this point, and we are happy to work with staff on this effort apart from the rezoning application component. We may possibly realign the buildings on the north on that part of the site and if the elevation would allow it. To change the parking there would require additional engineering work and study done by us. At this point for the rezoning application we had not committed all of the resources to determine that precisely. We would like to try to work with staff. We would like to try to save them if we could. Councilmember Thurman (Mayor Pro Tem): The recommended conditions are site plan specific. If we approve this with the recommended conditions, would he have to come back before us if the site plan changed? Is it possible to approve the rezoning without knowing where the buildings are going to be? Community Development Director Wilson: He would need to if it changed significantly. If it changed in some way that was not of public interest, I would say no, but if he moves buildings around very far, he certainly would need to come back to you as a modified site plan. I would certainly not recommend approving without knowing where the buildings are going to be. Councilmember Zahner-Bailey: I would perhaps as a board ask that we consider maybe a period of thirty days to allow some of that additional engineering. The dilemma that we have is that if we approve the site plan that does not accommodate the changes you just mentioned, it would require you to come back where perhaps a better solution for you would be if we could identify those upfront so that the site plan was closer to that end result you think could perhaps accommodate the shifting of some Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 9 of 20 of those buildings and perhaps save some of those specimen trees with the goal of seeing this bank being a welcome addition to our city but with the goal of perhaps have one or two trees on that site. Councilmember Lusk: If I may understand it, I think the critical factor is the fact that the site needs to be filled for the most part. This is the factor that would jeopardize the life of the trees. Second question would be is it your intent to develop the entire site at this time. Applicant, David Mancuso: It is not just the bank building and the necessary parking for the bank building. Councilmember Mohrig: Is that what you would request if this was approved, that is what your initial land disturbance permit would be just for that area and the rest you would not -- again the concern is for clear cutting. Councilmember D'Aversa: Do you have to place the two septic structures in the area that are currently designated? (Council Discussion regarding location referencing site plan). Councilmember Zahner-Bailey: Would there be a way to segment the portion of the site plan that you wish to rezone for the bank building and still rezone together that would allow for the O&I, but to separate it so we do not have a conceptual site plan that is for the future that does not have that additional engineering? Do not want to preclude the bank building that is the primary goal, but also do not tie our hands to the site plan that is so conceptual in that northern portion that would unfortunately preclude us in large part from being able to proceed with our collective goal of trying to save some of those specimen trees? Community Development Director Wilson: Certainly, you could choose to approve this zoning of only the bank building and not the other buildings indicated on the site plan. That is fairly easy to do. Nevertheless, the change in grade, I do not think you will know if those trees can be saved without the study and final grading plan even just for the single bank building. I do not know if that is accomplishing what you are really after. Councilmember Thurman (Mayor Pro Tem): The last thing we want to do is to try to save the trees and they end of dying 5 to 7 years from now and then we have dead trees to take down and no trees planted in recompense. Unfortunately, we have all seen that happen many times. Councilmember Zahner-Bailey: In terms of the percentage of the 5.2 acres you are looking to fill, there is portion of that that you do not have to grade initially, is that correct? Applicant, David Mancuso: That is correct. Councilmember Zahner-Bailey: The portion that I am suggesting we consider is the portion that does not have to be graded initially. We could perhaps then get those additional engineering studies. What time frame are you looking at before you would know how much additional grade would be required to accommodate what is currently drawn? Applicant, David Mancuso: That is a good question. I would guess at least 45 to maybe 60 days. The issue then for us among other things is the fact that we have these parcels that are under contract. If we do not acquire them, we have some deadlines that are within that Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 10 of 20 45-60 day period, so we need to move as quickly as we could to gather as much information as we felt was appropriate. It would be a problem for us if we had to move out that far. Councilmember Zahner-Bailey: Maybe between Tom and Mark Scott, can you help me think through legally if we were to look to rezone, but to do it in such a way that would allow the site plan to be identified for the record as conceptual this evening with the condition that perhaps would be specific - short of a hardship, trying to identify some save for some of those trees. Could you help us with some creative ideas that would allow us to accomplish our time frame, but still not tie our hands to a conceptual site plan? It seems that somewhere in that mix there is a solution. Councilmember Mohrig: From looking at the topo map, is the center line pretty close to the entrance into the bank? In order to do the grading will you have to remove some of the trees shown on the site just to the north? Applicant, David Mancuso: Stated it is close to the entrance. On number 5 and 6 there is a potential to salvage those trees. Number 1 there is a potential to salvage but you have to take into consider the elevation on that property. There is a lot more to this than just the trees and the grading. Numbers 3 and 4 are probably very difficult to work on. If you could give us what we are looking for, we can re-look at the site plan dealing with the inter-access parcel and the grading of the site to the south, it is conceivable that the leading parking places in building some type of well around that tree could be successful. It would be an arborist call. Numbers 5 and 6 are a potential because they do not need immediate approach. From a grading standpoint our focus is in the site center and to the rear of the site there is virtually no re-grading. These issues are going to present no matter if it is this group of developers or someone else in the future or you will prohibit these people from selling their property which is not what we are here about. I think it if you go to that extreme and note those trees, accommodate our wish that allows us to move further, then we will come back, work with your staff and tree to save number 5 and 6 and if we can save number 1, all the better because it is a lovely tree. We want to be a good neighborhood, but if it were going to cost $100, 00 to accomplish this, then it may be an issue. We do want to do whatever we can to try to save trees 5 and 6 and try to save number 1. Councilmember Thurman (Mayor Pro Tem): Tom, when you have a site plan that is this specific, how do you say which trees you want them to look further at and it be legally binding? Community Development Director Wilson: You can tell them what trees you want them to look at, but what is unclear is what does "I will take a look at them" mean. Obviously, anything can be saved here with enough engineering, but it puts staff in a very difficult situation to know when they have exhausted all reasonable efforts to save these trees. Councilmember Zahner-Bailey: If we could language a condition that highlighted that we would be approving the application with the conditions that staff recommended with perhaps an additional condition that could read something like a good effort attempt or an attempt by the applicant based on tonight's discussion to look at the ability to look at trees 1, 5 and 6. We could engage the Design Review Board. You could come back to us or we could have the DRB in conjunction with staff with our arborist to be that team of people to help review those trees 1, 5 and 6 as you continue to evaluate the site plan. I am trying to find a solution. Councilmember Thurman (Mayor Pro Tem): I would like to ask the City Attorney about this because I have never seen a condition that had that much subjectivity in it. City Attorney Scott: I am sitting here trying to draft something up that may work. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 11 of 20 Community Development Director Wilson: I would like to ask the applicant a question. You mentioned that it would take between 45-60 days to do this study. May I ask you what you would be doing for 60 days? Applicant, David Mancuso: Since we are going to be publicly traded, we have to due our due diligence on it. We have just begun to take with potential engineering firms and do not have bids to close at this point. It will take us some time to sort through that and we have to rule by committee since it is a banking organization and we have to be particularly sensitive to how we spend the money. We have to be able to defend that. Banks in many instances go a little slower than other folks do. I also have hard deadlines as far as the contract. We now have an October 20th deadline on some things. This is a very important item for us and we need all three parcels. If one of these parcels falls out then we are in trouble. So we need adequate time to get all this accomplished. Councilmember Zahner Bailey: Mr. Lagerbloom, between now and October 20th, what are our next official public hearing dates? Acting City Manager Lagerbloom: October 4th and a work shop on the 11th, then we have a Council meeting on the 18th. Councilmember Lusk: If you miss this date on one parcel, does that blow the whole deal on all three? Applicant, David Mancuso: As I said, we need all three parcels. At this point if we hit October 20th, we are good for everything else, but if we miss that date - we have an estate we are dealing with and there are some sticky issues with the contract if we have to go back and revisit them. Extensions are not guaranteed and our current price is not guaranteed either. So there is some pretty significant time sensitivity here. We will do whatever it takes to save trees 5 and 6. Councilmember O'Brien: There is in this community a good deal of concern about trees. There are some folks in the area that interface with proposed projects regarding engineering issues. I think we need to look at for example if you were going to spend $50,000 on a well to protect a tree with uncertain results, maybe it would be better for the City and for Highway 9's aesthetic impact if there was a willingness to achieve the best outcome. I do not know if it is possible to save those trees, but I too am concerned about that. Architecturally, we had a bad experience with a bank in a nearby area. How did you achieve your rendering and is that the final product and have you looked at the feedback from area residents? Like brick and other materials that many are asking for in Milton? It is an attractive building. Applicant, David Mancuso: This particular building has been built in a slightly different variation already on three occasions. We have some sister banks. The bank of Ellijay and Bank of Canton and also the Creekside Bank in Woodstock, so we are not going to be dramatically different than these other banks look. The craftsman style. The Design Review Board's comments were about colors which we intend to be earth tones and blend in. I think it is an attractive facility and am excited about it. In my opinion I think it is the nicest bank facility I have ever had the opportunity to work in. We never got any public comment. We reached out to 150 of our closest neighbors. We sent out letters and invited them to a public information gathering we had at our temporary site across from the property but no takers. No calls or emails. At the CZIM there was another application. We passed out business cards and explained what we were doing, but had no negative comments. Applicant, Garland Pinholster: I cannot address the engineering aspects, but I can discuss money fairly intelligently. We have been spending a significant amount of money every month since spring time preparing for this meeting. Our staff has been working diligently with your staff. We will work out the tree issue, but we need to move forward due to our serious time constraints. If there are contingencies, if you could leave us in the hands of staff, we will pledge to work with them and be at their disposal. We cannot circumvent what they tell us. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 12 of 20 Community Development Director Wilson: I would like to suggest before we speak with the City Attorney that you consider approving this project with the provision that they save trees 5, 6 and 1 and should they not be able to save trees numbered 5, 6 and 1, that they come back to you with a modified site plan since the urgency is really the bank and not those other two buildings. They would have plenty of time to do the engineering and really be a much simpler process than going back before the Design Review Board because they would not have this history. Councilmember Mohrig: It appears that tree 1 is in immediate danger if you do not do a redesign or take a look at it. Councilmember Zahner Bailey: I am hearing some good faith conversation that says you will make every effort to try to save trees 1, 5 and 6 and what I hear Tom Wilson indicating is that you will have to come back before us if you have to revise your site plan. Councilmember Thurman (Mayor Pro Tem): I would like to ask the applicant, is that something you can make work with trees 1, 5 and 6? Applicant, David Mancuso: Yes, we are amenable to that. Councilmember O'Brien: I believe the bank would fit into this community and appreciate your willingness to work out these issues. Councilmember Zahner Bailey: The building will go back to the Design Review Board? Community Development Director Wilson: The Design Review Board has already made recommendations so the building itself will not go back to the Design Review Board. Councilmember Zahner Bailey: Also want to clarify that there are no intermittent streams on this property. City Arborist Mark Law: No intermittent streams out there. Just drainage swells over the years. There are some trees growing in the bed of it. Senior Planner Robyn MacDonald: When they pull a building permit and a land disturbance permit. City Attorney Scott: Are we clear on the additional condition language? I have written something if you want to hear it. Please make sure that you are amenable to this. I would propose that under the recommended conditions you add 3(c) which is to preserve trees identified as 1, 5 and 6 in the rezoning application with the understanding that if they cannot be saved, the applicant will reapply for a revised site plan. Community Development Director Wilson: I would say would file for a modified site plan. Councilmember Thurman (Mayor Pro Tem): Is that okay with your original motion Mr. Lusk? Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 13 of 20 Councilmember Zahner Bailey: And does that motion also include the earlier revised conditions of staff? Councilmember Thurman (Mayor Pro Tem): Yes. Councilmember Lusk made the following motion: Motion: Councilmember Lusk moved to approve RZ07-010 -13941-13945 Highway 9 North, to develop three (3) office buildings with a bank in one (1) 14,104 square-foot two-story building and two (2) 7,000 square-foot buildings for a total of 28,104 square feet at a total density of 5,332 square feet per acre with conditions as outlined by Community Development Director Wilson and City Attorney Mark Scott. Second and Vote: Councilmember D’Aversa seconded the motion. There was no Council discussion. The motion passed unanimously (6-0) by those present. Mayor Lockwood had recused himself. Five Minute Break: Councilmember Thurman (Mayor Pro Tem) called for a 5 minute break at 8:59 p.m. to recall the Mayor. Reconvene: Mayor Lockwood reconvened the meeting at 9:05 p.m. and asked the City Clerk to call the next item. City Clerk Marchiafava read the next item: ZM07-003/VC07-009 - to modify Condition 2.a., to revise the approved site plan, dated January 31, 2006 (ZM06-007) to add a swimming pool and small cabana with restrooms. To request a concurrent variance to reduce the 100-foot setback to 15 feet from any residential building, adjoining property line or street. (Article 19.3.12.B.3). Community Development Director Wilson: This application for modification comes before you with recommendation of approval from staff. A modification does not go to the Planning Commission. Senior Planner Robyn MacDonald: Read application and Staff Recommendations of Staff. This request to provide a neighborhood swimming pool and cabana is typical is this size residential development. This change will not have an adverse affect on any of the surrounding uses in the area. Therefore, staff recommends approval conditional of this zoning modification to request to modify condition 2(a). Concurrently, applicant has requested a variance to reduce the 100 setback to 15 feet from any residential building adjoining property line or street. This is a standard of an administrative use permit for a multi-family swimming pool. The proposed swimming pool is not visible from outside of the development or any existing public streets. Therefore, staff recommends approval of VC07-009. The design of the building which goes before the Design Review Board. Applicant Corbitt Woods, 6650 Sugarloaf Parkway, Duluth, GA: Project is across the street from City Hall. Site is currently under construction. Was permitted at the end of Fulton County and started at beginning of the City of Milton. Have worked with staff and county officials. Discussed location of pool from the site plan. It has been cleared and graded. Had spoke with Heidi Sowder to make sure she was fine with it. She was initially involved with project. It should complement the neighborhood very nicely. Appreciate your consideration. City Clerk Marchiafava said there is no public comment on this item. Mayor Lockwood asked if there is any Council discussion or questions. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 14 of 20 Councilmember Zahner-Bailey: Could you confirm that none of the buildings have gone under contract? Applicant Corbitt Woods: No, nothing has been started. I am hoping to get a bunch of them. Just starting our models. Mayor Lockwood called for a motion. Motion and Vote: Councilmember Lusk moved to approve ZM07-003 and VC07-09 – to modify Condition 2.a., to revise the approved site plan, dated January 31, 2006 (ZM06-007) to add a swimming pool and small cabana with restrooms. To request a concurrent variance to reduce the 100-foot setback to 15 feet from any residential building, adjoining property line or street. (Article 19.3.12.B.3). Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lockwood said will City Clerk call the next item. City Clerk Marchiafava read the items for Public Hearings. PUBLIC HEARINGS Public Hearing on Ordinance to Adopt adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia. Carol Wolfe – CH2M Hill: • Fiscal year 2007 budget adjustments. • Covered in a public hearing on September 6th. • Couple of changes to review. • Second of two required public hearings • Budget adjustment to revise departmental budgets and inter-funds transfers. • Based on year-to-date activities. • Only new addition to budget adjustment is the addition of increase in the Public Works Department, $3,000 for utility expenses directly related to water. • Need money through end of September. • Have increased the revenue appropriately. • Brings new general fund revenue and expenditures to $13,181,187.00. • No changes from other funds presented in 2007 budget adjustment. • Those funds include capital project fund, operating grant fund and the capital plan fund. City Clerk Marchiafava stated there is no public comment on this item. Mayor Lockwood called for the City Clerk to call next public hearing item. Public Hearing on Ordinance to Adopt the Fiscal 2008 Budget for each fund of the City of Milton, Georgia. Carol Wolfe – CH2M Hill: • There are a few changes from the presentation at the September 6th hearing. • Did increase the contractual amount for medical direction in fire budget by $10,150.00. • Driven by receipt of actual contracts from vendor. • Public Safety Director has reviewed that. • Decrease in the City Clerk's department $36,969.00. • Amount equated with the run-off election. • Net decrease in revenue and expenditure in the amount of $26,819.00. • Did move from the court budget to the public safety budget $13,760.00. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 15 of 20 • Expenses associated with security. • No longer contracting for security. • Will be provided by public safety officers. • Only changes since September 6th. Mayor Lockwood asked if Mr. Jablonski wanted to make his public comment. Gary Jablonski, 2680 Grassview Drive, Milton, GA: • Comment regarding budget. • Comparing 2008 projected revenue with 2007. • Tax revenue 2007 was at 6.9 million • Projecting 8.6 million for 2008. • 12% increase. • Are you expecting 12% increase in one year? • Local option sales tax - 26% increase in one year? • Overly optimistic. • Other sources of income? • Right-of-way or easements for commercial uses like cell towers on city property? • Revenue derived from that? • Allocated two new police cars for 2008. • Were fire trucks paid in full in 2007 or does budget include loan payments on these trucks in 2008. Carol Wolfe – CH2M Hill: • 2007 revenue estimates are based on a 10-month budget. • 2008 are based on twelve month budget. • Will cause a large swing of revenue estimates. • Revenue estimates are conservative. • Property tax was estimated at $6.8 million in 2007 without a digest. • $8.6 million recommended for 2008 is directly off of digest minus about 8%. Councilmember Thurman: • Assuming no increase in assessments or additional building. Councilmember O'Brien: • Some of concerns were extremely conservative prospective for fiscal 2007. • There was discussion of legitimately lowering the millage rate. • Questions asked were fair and have been satisfactory answered. • Position was extremely conservative and have now relaxed somewhat. Councilmember Mohrig: • Collected in 2007 more property tax than what was reflected. Carol Wolfe – CH2M Hill: • Local option sales tax revenue projection for 2008 is conservative estimate. • Current trend of collection of about $350,000 per month. • $4.2 million trend for next year. • 18% less than current trend. • Currently no utility easements on the property tax digest for Milton. • Vehicles purchased this year is represented under the capital lease payment line other under other financing uses. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 16 of 20 • Two police cars are in line with funding of two police officers in General Fund. • Will be purchased with cash and not leased. Mayor Lockwood called for any other public comment or questions. There being none, public comment was closed. FIRST PRESENTATION There were no first presentations. Mayor Lockwood called for City Clerk to call the next item. UNFINISHED BUSINESS Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia amending the amounts shown in each budget as expenditures, amending several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Ordinance No. 07-09-44 Carol Wolfe – CH2M Hill: • Actual Ordinance that would approve fiscal year 2007 budget adjustment. • Adoption of Ordinance that would put into effect the budget adjustment items heard for 2007. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia amending the amounts shown in each budget as expenditures, amending several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lockwood called for City Clerk to call the next item. City Clerk Marchiafava: Approval of an Ordinance of the Mayor and Council to reaffirm the Emergency 911 Charge on Milton phone bills. Ordinance No. 07-09-43 Carol Wolfe – CH2M Hill: • State Statutes requires a jurisdiction collecting a surcharge on wire and wireless phone bills need to reaffirm need to collect charges each fiscal year. • This Ordinance represents this need. • We are a qualified municipality to collect these surcharges. Motion and Vote: Councilmember Lusk moved to approve an Ordinance of the Mayor and Council to reaffirm the Emergency 911 Charge on Milton phone bills. Councilmember Zahner-Bailey seconded the motion. The motion passed unanimously. Mayor Lockwood called for City Clerk to call the next item. City Clerk Marchiafava: Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt the fiscal 2008 Budget for each fund of the City of Milton, Georgia appropriating the amounts shown in each budget as Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 17 of 20 expenditures, adopting the several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Ordinance No. 07-09-75 Carol Wolfe – CH2M Hill: • Ordinance that accompanies the public presentation on the 6th and again tonight regarding the fiscal year 2008 budget. City Clerk Marchiafava stated there is no public comment. Councilmember O'Brien: • One request, Design Guidelines written for Highway 9. • Talked about very targeted plan to have minor aesthetic improvements made. • Would like to address that editing change in title of that budget item. City Attorney Scott: • Point of Order. • That would require an amendment. • Asked for unanimous consent. • Withdraw your current motion and restate it with change. Motion and Second: Councilmember O’Brien moved to accept the approval of an ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt the fiscal 2008 Budget for each fund of the City of Milton, Georgia appropriating the amounts shown in each budget as expenditures, adopting the several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Councilmember Thurman seconded the motion. Motion and Unanimous Consent to Withdraw: Councilmember Zahner Bailey moved for a friendly amendment accepting Councilmember O’Brien’s request to withdraw his previous motion. There was unanimous consent. Motion and Vote: Councilmember O’Brien moved to accept the approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt the fiscal 2008 Budget for each fund of the City of Milton, Georgia appropriating the amounts shown in each budget as expenditures, adopting the several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available with minor change to Highway 9 Design Guidelines QOL/AIP, Titling $30,000 line. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lockwood called for the next item. City Clerk Marchiafava called the next agenda item under New Business. NEW BUSINESS Approval of the July 2007 invoice for legal fees. Carol Wolfe – CH2M Hill: • Resolution to approve payment of legal fees in amount of $26,169.49. • Represents legal services for July. • Approve items that department directors were not directly involved in. • Budget amendment just approved will take legal budget to $230,000. • 75% of services lapsed using 67.7% of the amended budget. Councilmember Thurman: Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 18 of 20 • Would like to reexamine this procedure and does not believe this procedure is customary for other jurisdictions. Motion and Vote: Councilmember Lusk moved to approve the July 2007 invoice for legal fees. Councilmember Mohrig seconded the motion. The motion passed unanimously. Mayor Lockwood called for the next item. City Clerk Marchiafava called next agenda item under New Business. Approval of an agreement of Mutual Aid for Fire and Emergency Medical Services between the City of Milton, GA and the City of Alpharetta, Georgia. Acting City Manager Lagerbloom: • Alpharetta and Roswell agreements are identical. • Agreement solidifying partnership to cross jurisdictional boundaries in event of fire emergency to provide services in these cities and them to us. • Enhances current relationship with state law. • No downside, only benefits. Motion and Vote: Councilmember Thurman moved to approve an agreement of Mutual Aid for Fire and Emergency Medical Services between the City of Milton, GA and the City of Alpharetta, Georgia. Councilmember O’Brien seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lockwood called for the next item. City Clerk Marchiafava called next agenda item under New Business. Approval of an agreement of Mutual Aid for Fire and Emergency Medical Services between the City of Milton, GA and the City of Roswell, Georgia. Acting City Manager Chris Lagerbloom: • Only difference between Alpharetta and Roswell is the change of name. • Roswell does not execute tonight like Alpharetta. • Believe Roswell will make it through their Council as Alpharetta did. Motion and Vote: Councilmember O’Brien moved to approve an agreement of Mutual Aid for Fire and Emergency Medical Services between the City of Milton, GA and the City of Roswell, Georgia. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lockwood called for the next item. City Clerk Marchiafava called next agenda item under New Business. Approval of a Resolution Appointing a City Treasurer. Resolution No. 07-09-61 City Attorney Scott: • This is a necessity. • Because of Carol Wolfe's resignation, we no longer have a City Treasurer. • Need to have a city employee and not a contract employee. • Mr. Lagerbloom has consented to serve on an interim basis as City Treasurer. Regular Meeting of the Milton City Council Thursday, September 20, 2007 at 7:00 pm Page 19 of 20 • Assistance from Stacey Inglis and Carol Wolfe. Motion and Vote: Councilmember Thurman moved to approve a Resolution Appointing Christopher J. Lagerbloom as City Treasurer. Councilmember Lusk seconded the motion. The motion passed unanimously. Mayor Lockwood called for the next item. City Clerk Marchiafava called next agenda item under New Business, which was added by motion and vote. Approval of a Resolution Appointing John Bell as the City of Milton Representative to the North Fulton Community Improvement District Board Resolution No. 07-09-62 City Attorney Scott: • Referenced Mr. Bell's bio and the Resolution. • Property Manager for a real estate company that owns property in Milton. • Able to represent the Milton business community. • Assume action in North Fulton Chamber of Commerce. Councilmember D'Aversa said Mr. Bell would represent Milton, but does not live in Milton. City Attorney Scott said his business is in Milton. Motion and Vote: Councilmember Thurman moved to approve a Resolution Appointing John Bell as the City of Milton Representative to the North Fulton Community Improvement District Board Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. MAYOR AND COUNCIL REPORTS Mayor Lockwood said the next item is Mayor and Council Reports. There were none. Mayor Lockwood said the next item is Staff Reports STAFF REPORTS Acting City Manager Lagerbloom stated we have a quick update on the Roundup. Project Coordinator Linda Blow: • Acknowledged PR efforts of Carol Haag and Lisa Maggart. • Everything is going well. • Meetings Thursday and Sunday. • Hopefully a good marker for the City. There was discussion among Mayor and Council regarding political campaigning at the round-up. Linda Blow said there is a City tent and staff will be stationed there. Due to legal ramifications, City Attorney Scott said you need to designate an area to proselytize. A decision was made to put up a tent for the Councilmembers to have pamphlets available for those who would like them. Acting City Manager Lagerbloom said he has one final Staff Report that he forgot and it is important. We received an Email from one of our police officers that had a premature baby born. We are looking at perhaps potentially allowing us to provide for sick leave donations from other City employees into his sick leave account during this time or in future for a catastrophic event. We will bring this to you at the second Council meeting in October. Regular Meeting of the Milton City Council Thursday, September 20,2007 at 7:00 pm Page 20 of 20 Mayor Lockwoad called for next agenda item. City Clerk Marchiafava announced we are moving into Executive Session to discuss personnel. EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to adiourn into Executive Session at 10:16 pm. Councilrnemkr 0-Brienseconded the motion. There was no Council discussion. The motion passed unanimously. " mcomm Mayor Lochvood called for a motion to reconvene the meeting. Motion and Vote: Councilmember D'Aversa moved to reconvene the regular meeting of September 20,2007 at 10:39. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of a Motion to Amend the Agenda Motion and Vote: Councilmember O'Brien moved to approve the motion to amend the Agenda adding a Resolution appointing Christopher J. Lagerbloom as Interim City Manager. Councilmernber Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. A Resolution appointing Christopher J. Lagerbloom as Interim City Manager. Resolution No. R-07-09-63 Motion and Vote: Mayor Lockwood moved to approve a Resolution appointing Christopher J. Lagerbloom as Interim City Manager. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. ADJOURNMENT Motion and Vote: Councilmember Lusk moved to adjourn the September 20, 2007 Regular meeting at 10:42 Pm. Councilmember Thurman seconded the motion. There was no CounciI discussion. The motion passed unanimously. Date Approved: November 1,2007 jearl'ette R. Marchiafava, City Clerk