REGULAR MEETING
DAHLONEGA CITY COUNCIL
MARCH 3, 2004

CALL TO ORDER:
The Dahlonega City Council met at City Hall on March 3, 2004. Mayor Pro Tem Dudley Owens called the meeting to order at 6:00 p.m. Members present were Larry Crowel, Terry Peters, Dudley Owens and Bill Northquest. Rev. Paul Roberts gave the invocation.

MINUTE APPROVAL:

A motion was made by Larry Crowel to approve the minutes of the regular meeting held on February 2, 2004. This motion was seconded by Bill Northquest and approved by all members present. A motion was made by Bill Northquest to approve the minutes of the special meeting held on February 19. This motion was seconded by Larry Crowel and approved by all members present.

ELECTION CERTIFICATION AND OATHS:

Mayor Pro Tem Dudley Owens recommended that the agenda be amended and that Item 13 be held at this time. A motion was made by Bill Northquest to approve this recommendation. The motion was seconded by Terry Peters and approved by all members present. A motion was made by Larry Crowel to approve the attached results of the special election held on March 2, 2004. This motion was seconded by Terry Peters and approved by all members present. City Clerk Janet Jarrard administered the attached oaths of office for newly elected Mayor Gary McCullough and Council Members Guy LaBoa and Michael Clemons. Mayor Gary McCullough thanked everyone for his or her support and stated that it is his honor to serve as Mayor.

ZONING BOARD OF APPEALS:

A motion was made by Bill Northquest to adjourn the regular meeting to a Zoning Board of Appeals Meeting. This motion was seconded by Terry Peters and approved by all members present. The regular meeting was reconvened at 6:15 p.m.

PUBLIC HEARING:

A public hearing was held concerning two annexation and zoning requests: Hoyt Robinson submitted an annexation request for approximately 20.5 acres identified as Tax Map 81 Parcels 8 and 9. The property is located off South Chestatee Street across from Birch River Subdivision. The requested zoning classification is Planned Unit Development. Tanya Woods with Development, Planning and Engineering presented the request. She advised that the development planned for the property would contain a mixed use of townhouse and light commercial. Examples of buildings were distributed. She advised that 88 town homes would be constructed within a two-year period. The Dahlonega Planning and Zoning Commission held a workshop prior to the council meeting to discuss concerns regarding the use of the commercial area and other specifications. An agreement was made to amend the original letter of intent per the recommendations of the Planning and Zoning Commission. The Wallace Group, developer for the project, is now requesting approval of the conceptual plan based upon their amended letter of intent. They will return to the Planning Commission and City Council for final site plan approval. City Attorney Doug Parks asked the public if there is any opposition to this request. Hearing no opposition, the public hearing concerning this matter was closed. A motion was made by Dudley Owens to approve the recommendations of the Dahlonega Planning and Zoning Commission concerning this request. This motion was seconded by Bill Northquest and approved by all members present. Lumpkin County submitted a request to annex 93 acres located on Mechanicsville Road. The annexation is required so that the city can provide sewer service to the property. The property will have several uses and the recommended zoning is PUD. Each lot must have a site plan. City Attorney Doug Parks asked the public if there is any opposition to this request. Hearing no opposition, the public hearing concerning this matter was closed. Mr. Parks advised that the Dahlonega Planning Commission recommended that the conceptual site plan be approved. The final site plan will be presented back to the Planning and Zoning Commission and the Council. A motion was made by Larry Crowel to approve these recommendations. The motion was seconded by Bill Northquest and approved by all members present.

CITIZENS:

Edgar Land presented the City of Dahlonega FY 03 Audit Report. Mr. Land advised that he appreciates the good working relationship between his company and the city staff. He reported that the audit indicates a clean opinion. He commented on the fact that $472,000 was transferred from the General Fund to the Enterprise Funds during FY 2003. Mr. Land encouraged the council to read the Notes to the Financial Statement and Details. The only comment shown on the report is the lack of segregation of duties. This is due to the city's small staff size. City Manager Bill Lewis advised that as additional staff members are employed this area of concern would be corrected. Mr. Lewis requested that Mr. Land address questions concerning the city's options for financing for infrastructure needs. The city is faced with many issues due to growth and new EPA regulations. Mr. Lewis advised that the state will require the city to spend between one to two million dollars within the next three years to make changes at the sewer plant. Mr. Land advised that the city's debt amounts to 7.4 million and the water and sewer funds continue to show a loss. These facts would be very negative for obtaining additional GEFA Loans or going to the Bond Market for financing. Mr. Land recommended that a rate study be conducted to see what alternatives are possible. A motion was made by Larry Crowel to approve the presentation of the FY 03 Audit Report. This motion was seconded by Terry Peters and approved by the following vote count: Voting for the motion were Crowel, Peters, Northquest, Clemons and Owens. Guy LaBoa abstained due to the fact that he has not had time to review the report.

Terry Wilkins requested that the following streets be closed for the Wildflower Festival of the Arts to be held May 14-16, 2004: North Park Street from intersection to intersection; City Park to the right of North Park Street; The corner of South Park Street and Choice Ave.; Corner of the Fudge Factory to the corner of Cranberry Corners; North Chestatee Street from the corner at the rear of Hall Block Building to the corner of Coldwell Banker Realty; The Parking area from the corner of Golden Classics to Jack's Cafe and the parking area from the Hall Block Building to Brad Walker's Pottery. A motion was made by Larry Crowel to approve this request. The motion was seconded by Bill Northquest and approved by all members present.

Sam Norton advised that the pilot program for outside dining has been held for six months without any complaints. He requested that the ordinance be amended to allow for outside dining. A motion was made by Dudley Owens for city staff to review the criteria and to forward this information to the city attorney to draft an amendment to the ordinance to the presented to the Planning and Zoning Commission for recommendations. This motion was seconded by Bill Northquest and approved by all members present. Mr. Norton also requested that the city plan for additional parking on the square. He advised that approximately thirty parking spaces have been eliminated at the Folkways Center and more private parking areas will be eliminated in the future. Mr. Norton requested that the council investigate the possibility of leasing the Folkways Center Parking Lot. Council members advised that these concerns would be addressed at a council planning session.

DEPARTMENT REPORTS:

The council was informed that reports have been received from the Lumpkin County Sheriffs Department, Dahlonega Code Enforcement and Planning Department for activities of the separate departments during the month of February, 2004.

Gerald Lewy, Chairman of the Dahlonega Historical Preservation Commission, advised that the Commission approved sign applications for Book Exchange N More, located at 21 N. Grove Street, Suite C and Especially For You, located on the Public Square in Underground Dahlonega. Mr. Lewy advised that John Samsen has resigned due to the fact that he is moving out of town.

FIRST READING ORDINANCE 2004-1-ANNEXATION:

A motion was made by Terry Peters to approve the First Reading of Ordinance 2004-1-annexation of property owned by Lumpkin County and to zone the property PUD. This motion was seconded by Larry Crowel and approved by all members present.

FIRST READING ORDINANCE 2004-2-ANNEXATION:

A motion was made by Larry Crowel to approve the First Reading of Ordinance 2004-2-annexation of property owned by Hoyt Robinson and to zone the property PUD. This motion was seconded by Dudley Owens and approved by all members present.    

FIRST READING AMENDMENT 4-ORDINANCE 85-2:

A motion was made by Dudley Owens to approve the First Reading of Amendment 4 to Ordinance 85-2-Hotel/Motel Tax. This motion was seconded by Bill Northquest and approved by all members present.

CITY MANAGER'S COMMENTS:

City Manager Bill Lewis recommended that a Certificate of Ownership be approved for DOT Local Assistance Road Program. Mechanics and Warwick Streets have been approved for paving this year under the LARP Program. A motion was made by Terry Peters to approve this recommendation. The motion was seconded by Bill Northquest and approved by all members present.

The council was informed that bids were solicited for a New Holland TN75A farm tractor and a six-foot bush hog. The low bid of $20,778 for the tractor and $1,585 for the bush hog was received from Nelson Tractor. A motion was made by Dudley Owens to approve the low bid. The motion was seconded by Terry Peters and approved by all members present.

The council was informed that the pump assemblies in the dry well at the Yahoola Pump Station were damaged when solids not typically found in the wet wells clogged up the submersible pump not allowing it to pump from the wet well up into the dry well. Mr. Lewis recommended that GPM Environmental repair the damages to the pump station at a cost of $7,172. Mr. Lewis also advised that the source of the problem is being evaluated. A motion was made by Dudley Owens to approve this recommendation. The motion was seconded by Bill Northquest and approved by all members present.

Mr. Lewis recommended to the council that the intergovernmental agreement with the County for services from Charles Trammell be terminated. He also recommended that the building inspections contract with the County be continued. A motion was made by Dudley Owens to approve these recommendations. The motion was seconded by Bill Northquest and approved by all members present. The council advised that Mr. Trammell is to be commended for his services to the city. The $18,000 being spent annually for this service can be better utilized in upgrading some of the city's current positions. A letter is to be sent to the County Commissioner concerning these actions and the Commissioner will be requested to present a contract for building inspection services.

Mr. Lewis advised the council that Barlow and Torrington Sewer Lift Stations have the original electrical control panels. These panels have been in operation for over twenty years. The panels are so outdated that replacement parts cannot be found to repair them. A failure in either one of these stations could result in overflows and a significant fine by EPD. This year's budget included $50,000 for the replacement of these two control panels. Quotes were solicited from three manufactures and the low bid was from Flyght Pumps for $74,166.00, which included demolition and removal of existing pump control panels and a guarantee that the pump stations would be kept in operation during the time that the change of equipment was in progress. Mr. Lewis recommended that the contract be awarded to Flyght Pumps due to fact that the pump stations can be left in service while the work is being done and it is also important that we stay with Flyght compatible equipment. A motion was made by Larry Crowel to approve this recommendation. The motion was seconded by Terry Peters and approved by all members present.

Mr. Lewis reported that the City's new solid waste transfer station is now in full operation. Over 200 tons of garbage has been hauled. This will result in a substantial savings in tipping fees. The prior tipping fee was $35.00 per ton and the present fee is now $18.00 per ton. Mr. Lewis also announced that City Hall window repairs would begin on March 11. The Mayor, City Manager and Council Members will attend a training session in Rome, Georgia on April 2. They also plan a Long Range Planning Retreat at Amicalola Falls State Park April 30 and May 1.

MAYOR'S COMMENTS:

Mayor Gary McCullough recommended that Rosalie Jenson be reappointed to the Historical Preservation Commission and that Sara White be appointed to the Commission to fill the unexpired term of John Samsen. A motion was made by Dudley Owens to approve this recommendation. The motion was seconded by Bill Scott and approved by all members present. Mayor Pro Term Dudley Owens was thanked for filling in prior to the special election.

ADJOURNMENT:

A motion was made by Larry Crowel to adjourn the meeting at 7:30 p.m. The motion was seconded by Bill Northquest and approved by all members present.

APPROVED BY ME THIS                       DAY OF                          , 2004.