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REGULAR MEETING
DAHLONEGA CITY COUNCIL
AUGUST 6, 2007
CALL TO ORDER:
The Dahlonega City
Council met in regular session at City Hall on August 6, 2007.
Council members present were Michael Clemons, Guy Laboa, Terry
Peters, Sam Norton, and Gerald Lord. Mayor Gary McCullough called
the meeting to order at 6:00 p.m. and opened the meeting with
prayer. Mayor McCullough requested everyone to stand for the
pledge to the American Flag. Mayor McCullough advised that it would
be necessary for Guy Laboa to take a new Oath of Office since he has
been on leave of absence serving in Iraq. The attached Oath of
Office was administered by City Clerk Janet Jarrard.
PUBLIC HEARINGS:
A public hearing was
called to order by City Attorney Doug Park concerning Annexation and
PUD Amendment for Birch River/Achasta. Linger Longer Developers Ron
Larson and Rick McAllister presented the request. Ron Larson
advised that the request is to increase the density while
maintaining a large percentage of green space. He advised that they
also would like to annex fifteen additional acres. There will be
516 acres or approximately forty-eight percent of green space. The
dominate land use is single family homes. A new golf club facility
will be constructed along with new indoor and outdoor pools and a
water slide for children. Design guidelines will be developed to
protect the environment as much as possible. The final plan for the
West parcel is to be established and presented to the council at a
later date. Rick McAllister advised that a revised plan was
submitted to the Dahlonega Planning and Zoning Commission. The
dominate land use is single family, but Achasta Development also
proposes to provide built for sale products, which include attached
tandem homes, attached condominium units and detached cottages. The
revised site plan presented to the planning commission included: 1)
Plan date 7/27/07; 2)increase buffer between Mt. View area and phase
8; 3)extension of road thru Phase 8 to Mtn. View area; 4)delete area
8, leave as greenspace; 5)Phase 6 reduced from 25 lots to 23 lots;
6)Area 2 change to 4 single family lots from 6 tandem homes; 7)Area
6 reduced from 16 to 14 tandem homes; 8)Area 5 reduced from 16 to 8
tandem homes; 9)West Parcel add 33 units and show area to be used as
residential and greenspace, note uses for this side; 10) Add note
that all units except those in Area 1 will have garages either
detached or attached, only 29 of the 750 units will not have
garages; 11) Community name changed to Achasta. Mr. McAllister
advised that a new restaurant will be constructed. The main
entrance will be reconfigured and the security gate will be
relocated. Access will also be provided to Chestatee River. All
rental units will be around the golf club and plans are to prevent
rentals to college students.
Mr. Parks
introduced John Bell who is an expert consultant in zoning and land
use issues. Mr. Bell advised that he is with the firm Lord, Aeck &
Sargent, Inc. located in Atlanta. Mr. Bell was hired by the city to
review the Birch River/Achasta site plans. Mr. Bell advised that he
has visited the site and reviewed all applications, reviewed letters
of support and letters opposing the change. He also attended the
Planning and Zoning Commission Meeting. The application was
submitted to the Georgia Mountains Regional Development Center for
review as a Development of Regional Impact. They indicated that the
project has been found to be in the best interests of the state
subject to certain conditions being met concerning storm water
management and assurances that the applicant will comply with all
local and federal laws. Mr. Bell advised that the Dahlonega
Planning Commission recommended that the plans be approved. Mr.
Bell advised that the proposed changes are a great improvement and
recommended approval by the council subject to conditions.
Council Member Terry Peters asked if the site plan as submitted
would obligate the applicant. He was advised that it would. Mayor
McCullough asked if the applicants are required to own the golf
course for one year before tax covenants are approved. He was
advised that was true. Wetland remediation will be required for some
sites but the developer has agreed to adhere to all federal and
local regulations. Council Member Sam Norton asked about the
ability to monitor greenspace requirements in the future. He was
advised that any significant changes in greenspace will require the
developers to come back to the Planning Commission and City
Council. Mayor McCullough advised that all greenspace will be put
into conservation. EPD will also control any development around
rivers. Mayor McCullough also advised that the West Parcel is a
conceptual plan and probably will not be developed for another five
to eight years. This will also have to come back to the Planning
Commission and City Council for approval of the final plans.
City Attorney Doug
Parks asked for comments in favor of the application. Quentin
Woomer advised that he was pleased with the developers. They have
done a lot of work on the golf course and trees and shrubs have been
installed. He stated that he was proud Linger Longer Developers
have purchased this property. They have worked on all his
concerns. He is also pleased that a waterslide and indoor/outdoor
pool will be provided. George Brink asked that residents have faith
in the developers. They will make Dahlonega a better community. He
asked that the applications be approved. Developers plan to market
the community in many well known magazines and newspapers in the
coming months. Tom Lonsbury advised that he is very happy to be a
Dahlonega resident. It was a very positive thing that Birch River
was purchased by Linger Longer. They are very sensitive to
residents’ wishes and he is convinced they will not do anything to
harm the community. Charlie Morse stated that he has trust in the
new developers. They have listened to the people and earned trust.
He urged the council to approve the application.
City Attorney Doug
Parks asked for comments from citizens opposed to the applications.
Margaret Nemec stated that greenspace issues are a big concern. She
referred to the brochure she was given when she purchased her
property at 65 Cavender Run. It stated that 600 acres would be set
aside as greenspace. This would represent fifty seven and one half
percent of the property. Linger Longer now proposes forty-eight
percent for greenspace. Residents need to know exactly what to
expect concerning greenspace. Teddy Dumont requested that
conditions be added to the proposed PUD zoning amendment. He asked
if all greenspace will be put into a permanent conservation. He
also requested that no rental units be permitted inside the gated
area. He also spoke of density increases that vary from the
original site plan and lighting improvements. He was also concerned
that garages were optional for some homes. He stated that residents
have nothing to say in the regulations and asked the council to
place conditions to keep developers in check. Richard Issac stated
that there are many conflicts in the documents that cause concern.
Twenty-nine units in the PUD do not have garages. This is a direct
conflict of the developer’s architecture guidelines. He was also
concerned with rental properties being permitted. He asked that
this not be permitted within the gated community. He urged
developers to place conditions on rentals. Darren Battles advised
that the large amount of greenspace is what attracted him to
purchase property within Birch River. The sales literature promised
600 acres of greenspace. He was also concerned that lots were being
located within the wetland areas. He requested that the developer
stick with the original plan within the wetland areas. Jeffrey
Kridel stated that he was also concerned about greenspace
requirements. He was also concerned that retaining walls would be
required in some areas of Bear Paw Ridge. Larry Mannis stated that
he was happy with Linger Longer Developers and hoped all concerns
will be addressed. He was also concerned that residents in rental
units could use the fitness center, golf course, etc. Steve Ratzel
stated that he was happy to see Achasta but concerned with needed
upgrades to a one-lane bridge and upgrades needed for streets. He
was also concerned that homeowners would be assessed additional fees
for completion of streets. He also spoke of the unsafe road
entrance and asked if the costs to redesign the intersection would
be paid by current homeowners. Ron Cain advised that the original
master plan for Birch River was not conceptual. The council
previously denied an application for four additional units but they
are now considering an increase of 240 units by a large developer.
Mr. Ratzel asked who would pay for upgrades to the concrete bridge.
Developers advised that this would come from the reserve fund of
$300,000. They have also agreed to add to this fund annually.
Street improvements would also come from the reserve fund.
Developers also advised that they will be open to meet with any
resident at any time with all concerns and operational issues. The
rental units will not be sold to private owners. Developers will
monitor and control all rental units. Mr. McAllister also advised
that wetland permits have been obtained. This will not create any
impacts that will affect building permits. The developers have a
financial commitment to a quality community and request support and
approval of the applications. Sharon Kridel, stated that she
appreciated Linger Longer’s concessions to resident’s concerns but
this plan is not ready to be approved at this time. She requested
the applications be tabled for thirty days to resolve additional
problems between homeowners and the developer.
Mayor McCullough
advised the council that there are two matters before them:
Annexation of fifteen acres to be zoned PUD and PUD Amendment. A
motion was made by Michael Clemons to approve Annexation Ordinance
2007-5 and PUD Zoning of fifteen acres located on the northeast
point of the development. This motion was seconded by Gerald Lord
and approved by all members present. Guy Laboa stated that he is
concerned with safety issues related to the concrete bridge. He
recommended that the council monitor this situation. He also stated
that the developer has made many changes in response to resident’s
concerns. He also asked if the restrictive covenants have been
approved. Developers advised that a letter of intent will be
available concerning greenspace. Timeframes have been established
for filing covenants for each area. A motion was made by Michael
Clemons to approve the PUD Amendments for Achasta Development. This
motion was seconded by Sam Norton and approved by the following vote
count: Voting for the motion were Norton, Clemons, Lord, and
Peters. Guy Laboa voted against the motion. City Attorney Doug
Parks recommended that four conditions be added to the revisions to
the PUD Property at 150 Birch River Drive. A motion was made by
Michael Clemons to approve the four conditions as an attachment to
the minutes. This motion was seconded by Terry Peters and approved
by all members present.
Mayor McCullough
apologized to Matt Richardson for the delay in hearing his variance
request. A motion was made by Terry Peters to suspend the regular
council meeting in order that Dahlonega Zoning Board of Appeals
could take action on Mr. Richardson’s request. This motion was
seconded by Sam Norton and approved by all members present.
A Motion was made
by Guy Laboa to go back into regular session of the council
meeting. This motion was seconded by Michael Clemons and approved
by all members present.
A public hearing
was called to order by City Attorney Doug Parks to hear a request
from John Rymer for the final approval of Phase 1B-Mountain Park
Development. Mr. Rymer was present to answer any questions. No
comments were received either for or against the application. A
motion was made by Michael Clemons to approve the recommendations of
the Dahlonega Planning and Zoning Commission to approve this
request. The motion was seconded by Terry Peters and approved by
all members present.
A motion was made
by Terry Peters to table the public hearing concerning annexation
for Wimpy/Grizzle due to the fact that the applicants were not
present. This motion was seconded by Guy Laboa and approved by all
members present.
MINUTE APPROVAL:
A motion was made by
Michael Clemons to approve the minutes of the regular council
meeting held July 2, 2007. This motion was seconded by Sam Norton
and approved by all members present.
CITIZENS:
A motion was made by
Guy Laboa to approve the request by Johnny B’s Restaurant for
outdoor alcohol sales. This motion was seconded by Gerald Lord and
approved by all members present.
A motion was made
by Sam Norton to approve the request by Vickie Cooper for a wine
tasting license for Natural Georgia Wine Tasting. This motion was
seconded by Michael Clemons and approved by all members present.
DEPARTMENT
REPORTS:
Mayor McCullough
advised that reports have been submitted by the Dahlonega Planning
and Code Enforcement Departments for the month of July, 2007.
Historic Preservation Commission Chairman Susan Newell advised that
the commission met on July 18 and approved two signs for Ramblin
Rose and Our Gourmet Market. They also approved building
alterations for Ruby’s Crossing located at the intersection of North
Grove and East Main Street.
SECOND READING
ORDINANCE 2007-1-CORRIDOR ORDINANCE:
City Attorney Doug
Parks advised that the Corridor Overlay Ordinance 2007-1 is finally
ready for final adoption. Mr. Parks stated that many revisions were
made to the ordinance. A motion was made by Sam Norton to approve
Ordinance 2007-1. This motion was seconded by Terry Peters and
approved by all members present. Mr. Parks advised that the council
needs to take action to appoint board members and once board members
have been appointed they will be provided training. The Corridor
Overlay Ordinance will not be effective until board members are
appointed.
FIRST READING
AMENDMENT 5-ORDINANCE 81-2-COMPENSATION:
Michael Clemons made
a motion to approve the first reading of Amendment 5 to Ordinance
81-2-mayor and council compensation but to delete any reference to
additional compensation for training. This motion was seconded by
Guy Laboa and approved by the following vote count: Voting for the
motion were Laboa, Clemons, Peters and Norton. Gerald Lord voted
against the motion. City Attorney Doug Parks advised that a special
meeting needs to be held to take action concerning retirement
benefits for the mayor and council.
FIRST READING
AMENDMENT 2-ORDINANCE 2001-8-TREE ORDINANCE:
A motion was made by
Michael Clemons to approve the first reading of Amendment 2 to
Ordinance 2001-8-Tree Ordinance. This motion was seconded by Guy
Laboa and approved by all members present.
CITY MANAGER’S
COMMENTS:
City Manager Bill
Lewis advised that a Resolution is required by GMA for payment and
reimbursement of the costs for the Hillcrest Property. Mr. Lewis
recommended that the loan be up to $3.5 million dollars. This does
not obligate the city to borrow that amount but due to the unknown
nature of the costs for renovations of the funeral home that amount
may be required. A motion was made by Terry Peters to approve the
attached resolution. This motion was seconded by Michael Clemons
and approved by all members present.
City Clerk Janet
Jarrard advised that qualifying dates for the upcoming General
Election to be held November 6, 2007 will be Monday, August 27 at
8:30 a.m. through Friday, August 31, at 4:30 p.m. Three posts will
expire December 31, 2007: Post 4, Michael Clemons, Post 5, Sam
Norton and Post 6, Terry Peters. The governing authority is
required to take action to make the following appointments:
Election Superintendent and Assistant Superintendent and Absentee
Ballot and Qualifying Clerks. A motion was made by Gerald Lord to
approve Janet Jarrard as Election Superintendent, Lou Stewart as
Assistant Election Superintendent, Janet Jarrard and Lou Stewart as
Absentee Ballot Clerks and Janet Jarrard as Qualifying Clerk. This
motion was seconded by Sam Norton and approved by all members
present.
Mr. Lewis advised
that another resolution is needed to borrow up to $1,531,200 from
Georgia Environmental Facilities Authority to finance the cost of
seven water line projects to improve flow and pressure in the system
and the construction to coordinate with the new water plant. City
Engineer Ricky Stewart distributed maps of the projects and advised
that four of the projects would be completed by city employees and
three of the water lines would be bid out to contractors. A
motion was made by Michael Clemons to approve the attached
Resolution. This motion was seconded by Guy Laboa and approved by
all members present.
Mr. Lewis advised
that work is underway to complete a draft of the FY 08 Budget. The
draft will be submitted to the council by August 17 and a work
session will be needed. A second work session will be held if
required and the first reading of the FY 08 Budget will be held
September 4 and second reading October 1, 2007. Mr. Lewis also
asked the council to hold a special council meeting on August 22 at
4:30 p.m. to approve the DDA Master Plan. A meeting of the
financing team for the new water plant has been scheduled August 15
at 4:00 p.m. A work session is also needed concerning the DOT
agreement for transfer of right of way for downtown streets. The
council was informed that an application has been resubmitted for
Signature Committee Recognition.
MAYOR’S
COMMENTS:
Mayor Gary
McCullough informed the council that the electric pole is being
replaced by DOT at the intersection of East Main and Morrison Moore
Connector. This work is being done free of charge. Mayor
McCullough urged council members to call the telephone company and
encourage them to remove their lines from the old pole in order that
the pole can be taken down.
COUNCIL’S
COMMENTS:
Sam Norton advised
that the city owes Jim Fambrough for designing the park pavilion. A
motion was made by Sam Norton to pay Mr. Fambrough $8,500. This
motion was seconded by Guy Laboa and approved by the following vote
count: Voting for the motion were Norton, Laboa, Clemons and
Peters. Gerald Lord voted against the motion.
CITY ATTORNEYS
COMMENTS:
City Attorney Doug
Parks advised that the Dahlonega Historical Commission disapproved
two sign requests in error at their last meeting. The city’s sign
regulations were misapplied by commission members. Planning
Director Chris Head advised that Mary’s Mini Mall and Ruby’s
Crossing applied for signs for each business to be located in their
buildings. Per the sign regulations, each business is allowed a
sign not to exceed 32 square foot in a multi-tenant commercial
business. A motion was made by Michael Clemons to overturn the
decision of the Dahlonega Historical Commission and to approve the
sign applications based on city ordinance. This motion was seconded
by Sam Norton and approved by all members present. Council members
requested that the commission be notified of the council’s action.
The meeting was
adjourned at 9:45 p.m.
APPROVED BY ME
THIS_____________DAY OF______________,2007.
MAYOR
Attest:
CITY CLERK
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