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REGULAR CITY OF DAHLONEGA COUNCIL MEETING OCTOBER 2, 2006
CALLED TO ORDER:
The Dahlonega City Council met in regular session on October 2, 2006 at City
Hall. Council members present were Michael Clemons, Gerald Lord, Terry Peters,
Sam Norton and Bill Scott. Mayor Gary McCullough called the meeting to order at
6:00 p.m. Michael Clemons asked everyone
to repeat the Lord's Prayer. Mayor McCullough requested everyone to stand for
the Pledge to the American Flag.
CITIZENS' COMMENTS:
J J & G Engineer Ben Williams gave a project status report. Mr. Williams advised
that the Yahoola Creek Watershed Assessment and Protection Plan were required by
Georgia EPD. The Protection Plan Draft has been completed and is under review by
city staff. The next steps are to complete the review and submit to EPD for
approval. The project is running four months behind schedule but is within
budget. City Manager Bill Lewis pointed out that the city's operating costs will
increase due to these EPD requirements. Mr. Williams advised that the Yahoola
Reservoir Planning Documents were also required by EPD as part of the water
supply reservoir permit and surface water withdrawal permit requirements. It was
completed June 30, 2006 and was within the project budget. The Yahoola Reservoir
Regulatory Support EPD requirement for a Drought Contingency Plan is to insure
that required minimum stream flow releases are being met. Plans are to install
equipment to be sure that the minimum stream flows are being met continuously.
This project is on schedule and is also within the project budget. The Yahoola
Creek Reservoir Water Treatment Plant Engineering Report is required by EPD for
the design and construction of a new water treatment plant. EPD also required on
site pilot plant testing which was conducted March through September, 2006. JIG
has completed the Draft Preliminary Report and is reviewing comments with city
staff. Mr. Williams pointed out that the cost estimates are higher than those in
,the Water and Wastewater Master Plan adopted January, 2006. Mr. Williams
requested a work session of the council to review the draft Preliminary
Engineering Report. Council members advised that the work session will be
scheduled the week of October 23, 2006. Mr. Williams reported that the project
is one month behind schedule- but it is also within the project budget. Mr.
Williams also advised that the required preliminary engineering report has been
completed for the Timken sanitary sewer EIP Grant Application. The project was
on schedule and within the project budget. Mayor Gary McCullough thanked Mr.
Williams for the report.
PUBLIC HEARING:
A Public Hearing was conducted by City Attorney Doug Parks concerning the
rezoning request submitted by the American Legion Post 239. Mr. Ralph Jones
spoke representing the American Legion. Mr. Jones advised that they are
requesting that their entire property which consists of eighteen acres located
at 132 Legion Road be rezoned from OJ to B-2. Mr. Jones stated that all
surrounding properties are zoned as B-2 and the rezoning would be for future
development of the property. Mr. Parks asked if anyone wished to speak either
for or against the rezoning. Hearing no comments from the public, Mr. Parks
asked for staff recommendation. Planning Director Chris Head advised that the
Dahlonega Planning and Zoning Commission recommended approval of the request and
staff also recommends approval based on the fact that the property fronts on
Morrison Moore Connector and all adjoining properties are zoned as B-2. Mr.
Jones was informed that a site plan would be required before the property can be
subdivided. A motion was made by Bill Scott to approve the rezoning to B-2. This
motion was seconded by Sam Norton and approved by all members present.
William Renz requested that the Public Hearing concerning Birch River Final
Plat Approval Phase 8A be deferred until later in the meeting to allow for
consultation with the City Attorney. A motion was made by Terry Peters to
approve this request. The motion was seconded by Sam Norton and approved by all
members present.
MINUTE APPROVAL:
A motion was made by Terry Peters to approve the minutes of the Public Hearing
held September 11, 2006. This motion was seconded by Michael Clemons and
approved by all members present. A motion was made by Gerald Lord to approve the
minutes of the second Public Hearing held on September 11, 2006. This motion was
seconded by Sam Norton and approved by all members present. A motion was made by
Gerald Lord to approve the minutes of the regular meeting held on September 11
with a correction of a typographical error on the date listed incorrectly as
November. This motion was seconded by Bill Scott and approved by all members
present. A motion was made by Michael Clemons to approve the minutes of the
special meeting held September 22, 2006. This motion was seconded by Sam Norton
and approved by all members present. A motion was made by Sam Norton to approve
the minutes of the council meeting held on September 25,2006. This motion was
seconded by Michael Clemons and approved by all members present.
DEPARTMENT REPORTS:
Mayor McCullough advised that Department Reports for the month of September,
2006 have been submitted by the Dahlonega Planning and Code Enforcement
Departments, the Dahlonega Historic Preservation Commission, and the Chamber of
Commerce.
SECOND READING AMENDMENT 10-0RDINANCE 94-7:
A motion was made by Michael Clemons to approve the second reading of Amendment
10 to Ordinance 94-7-Sanitation rates. This motion was seconded by Sam Norton
and approved by all members present.
SECOND READING AMENDMENT 28-0RDINANCE 75-1:
A motion was made by Michael Clemons to approve the second reading of Amendment
28 to Ordinance 75-5-Water and Sewer Rates. This motion was seconded by Gerald
Lord and approved by all members present.
SECOND READING AMENDMENT I-ORDINANCE 2005-4:
A motion was made by Bill Scott to approve the second reading of Amendment 1 to
Ordinance 2005-4-Reservoir Management. This motion was seconded by Terry Peters
and approved by all members present.
SECOND READING AMENDMENT 4-0RDINANCE 2005-2:
A motion was made by Michael Clemons to approve the second reading of Amendment
4 to Ordinance 2005-2-Alcohol Ordinance. This motion was seconded by Gerald
Lord. City Attorney Doug Parks recommended that a portion of Section 25 be
deleted which gives the council authority to waive some alcohol records
requirements concerning required audits. A motion was made by Michael Clemons
to approve this recommendation and to approve the ordinance amendment with this
deletion. The motion as amended was seconded by Sam Norton and approved by all
members present.
SECOND READING AMDNEMENT 25-0RDINANCE 82-1:
A motion was made by Bill Scott to approve the second reading of Amendment 25 to
Ordinance 82-1-Malt Beverage and Wine Ordinance. This motion was seconded by Sam
Norton and approved by all members present.
BUDGET RESOLUTION -SECOND READING FY 07 BUDGET:
A motion was made by Terry Peters to approve the attached Budget Resolution
2006-11 and to approve the second reading of the FY 07 Budget. The motion was
seconded by Michael Clemons and approved by all members present.
CITY MANAGER'S COMMENTS:
City Manager Bill Lewis advised that bids were solicited for sewer installation
on Old Airport Road. The bids were as follows: Townley Construction-$232,789.00;
Dale Construction Co-$254,923.l0; Strickland and Sons Pipeline-$345,073.50 and
Simpson's Trucking and Grading-$379,580.00. Staff reviewed the low bid from
Townley Construction and found it to be in order. Mr. Lewis advised that the
estimate for the project in 2004 was approximately $85,000. Since that time the
pipe and its installation costs have gone up $7.00 a foot and the cost of the
road bores tripled to $300.00 a foot. The cost of manholes and installation rose
by $60.00 ft. The total costs of these increases is $64,715.00 and the rough
estimate of $85,000.00 and the cost increases of$64,715.00 equal $159,715.00.
The remaining $83,074.00 has to be attributable to the construction market, fuel
costs and labor cost increases. Mr. Lewis stated that in the future we will be
more liberal in our construction estimates especially when the project is one to
two years away. Mayor McCullough pointed out that we need to put a time frame on
all commitments. Gerald Lord requested that a listing be composed of the
revenues expected from the project and the total costs of the project. A motion
was made by Michael Clemons to approve the low bid by Townley Construction of
$232,789.00. This motion was seconded by Bill Scott and approved by all members
present.
Mr. Lewis advised that the Council's Planning Retreat will be held November 9
and 10 at Cahutta Lodge.
PUBLIC HEARING-BIRCH RIVER PHASE 8A:
The Public Hearing was called to order by City Attorney Doug Parks for PUD
Amendment and Final Plat Approval of Phase 8A Birch River Development. Mr. Parks
pointed out that a Policy Statement regarding Planned Unit Development Review
has been developed and will be given to the Council for approval. Birch River
Development Partner Pete Calabro presented the request for approval of 21 lots
which is a portion of
Phase 8. Mr. Calabro stated that he had agreed to drop Lot 820 but he would not
agree to drop the other lots. Mr. Parks asked for comments from citizens present
who wished to speak in favor of the request. Hearing no comments, Mr. Parks
asked for citizens present who wished to speak against the application. Mr.
William Renz advised that he disagrees on several lots. He stated that the
Master Plan is shown on Birch River's Web Site and it does not include these
additional lots being developed. The scale model also does not include these
additional lots. Mr. Renz requested the council to comply with Section 1303 of
the Planned Unit Regulations and stated that the developers of Birch River must
comply with their sales office concerning future development of the proposed
lots. Mr. Renz stated that he and other lot owners paid a premium price for
their property as it was proposed by the sales office. Jeff Wilzene, owner of
Birch River Lot 723, spoke in opposition to the additional lots. He stated that
other Birch River residents were concerned with the proposal as they believed
from the information presented to them by the sales office that the areas shown
as green space would remain. Mr. Wilzene stated that he purchased his lot in
good faith based on the green belt as shown and he had no idea that there was
not a definite green belt area. Mr. Calabro stated that the Web Site only shows
a general theme as it cannot be specific for the entire future development. The
Dahlonega Planning and Zoning Commission recommended that Phase 8A PUD Amendment
be approved with the condition that Lot 820 be eliminated. A motion was made by
Bill Scott to deny Lots 820, 808, 821 and 803. The motion died for lack of a
second. Gerald Lord asked if there was anything in writing to prove that the
sales office represented the green space as permanent. Mr. Renz advised that he
could not produce anything in writing and some of the sales people are no longer
employed by Birch River. A motion was made by Sam Norton to return the request
to the Dahlonega Planning and Zoning Commission. This motion died for lack of a
second. A motion was made by Sam Norton to approve the Birch River PUD Amendment
and Final Plat Approval for Phase 8A with the elimination of Lots 820, 821, 803
and 808. This motion was seconded by Michael Clemons and approved by the
following vote count: Voting for the motion were Clemons, Peters, Norton and
Scott. Gerald Lord voted against the motion. Mr. Calabro advised that in the
future all Phases will have the Green Space designated when the lots are sold.
MAYOR'S COMMENTS:
Mayor McCullough recommended that Gayle Jones and Mac McConnell be reappointed
to the Dahlonega Downtown Development Authority. A motion was made by Michael to
approve this recommendation. The motion was seconded by Gerald Lord and approved
by all members present. Mayor McCullough also requested the council to consider
at a future meeting making all city property including city vehicles tobacco
free.
ADJOURNMENT:
A motion was made by Gerald Lord to adjourn the meeting at 7:45 p.m. The motion
was seconded by Michael Clemons and approved by all members present.
APPROVED BY ME THIS DAY OF ,2006.
MAYOR
Attest:
CITY CLERK
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