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REGULAR CITY
OF DAHLONEGA COUNCIL MEETING OCTOBER 3, 2005
CALLED TO ORDER:
The Dahlonega City Council
met in regular session at City Hall on October 3, 2005. Council members present
were Michael Clemons, Guy LaBoa, Bill Northquest, Dudley Owens, Terry Peters and
Bill Scott. Mayor Gary McCullough called the meeting to order at 7:00 p.m. Bill
Northquest opened the meeting with prayer. Mayor McCullough requested everyone
to stand for the Pledge to the American Flag. A proclamation was presented to
representatives of the Dahlonega Timken Plant in observance of their 25th
anniversary.
MINUTE APPROVAL:
A motion was made by Bill
Northquest to approve the minutes of the Public Hearing held September 12, 2005.
This motion was seconded by Michael Clemons. City Manager Bill Lewis pointed out
an error in the minutes. A motion was made by Terry Peters to approve changing
the wording from percent to mills. 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 regular meeting held September 12, 2005. This motion
was seconded by Guy Laboa and approved by all members present.
PUBLIC HEARING-REZONING:
Doug
Parks presided at a public hearing concerning a rezoning request submitted by
Tony Anderson and Norman Adams. The application is to rezone 7.846 acres located
on Mountain Drive from B-1 to PUD. Project Engineer Glenn Melvin advised that
the project will be a planned residential community consisting of town home
style condominiums with a maximum of 50 units. Upon completion the project will
be governed by a home owners association and recorded by-laws that will control
and maintain all open spaces and common areas including streets, walking trails,
site lighting, landscaping maintenance, and storm water systems. The developers
are requesting to construct water and sewer systems and streets to meet city
standards and dedicate them to the city. The developers also intend to provide a
25 ft. planting strip around the perimeter of the project. The development will
be targeted toward active adult retirement living. A club house is not planned
but a gazebo and walking trail around the perimeter will be constructed. Every
home will have a great view. The buildings will be designed to look like
Dahlonega and will be a mix of brick stone, stucco and hardiplank. Doug Parks
asked for comments from citizens. Carl Bush advised that this will impact the
existing residential community with more traffic problems.
He also asked if there are any
regulations to prevent the
units from being purchased by another party and resold to be used as rentals for
students. He requested that the request be referred back to the Planning and
Zoning Commission to reevaluate all issues. Shane Sims advised that he is in
favor of rezoning for condominiums but is concerned that there will be erosion
problems. He requested that at least fifty percept of the trees be left. Lynn
Phiffer also advised that the best use of the property is for condominiums but
she is also concerned that the trees should not be clear cut. The area is too
steep to clear cut. Mrs. Phiffer stated that Dahlonega is a Tree City and she
recommended that the developer look closely at the tree ordinance to make sure
what is best for the community. Jane
Ogorman stated that the
development is good but she recommended that the property be rezoned to R-2 and
that by-laws should be very specific to make sure that each unit is owner
occupied and not rental units. She was also concerned with the tree replacement
plan. She recommended that seventy-five percent of the trees be replaced with
fifty percent hardwoods. She recommended that the application be tabled until
the details can be worked out. Robert Bridges asked what happens when the
developers leave and the homeowners association is left to maintain the
property. If the health of the organization is not good, there can be major
problems. He recommended that the city enforce the by laws of the homeowners
association. He also recommends that a fire wall be constructed between
each unit and that a club house be constructed to give the homeowners
association a place to meet. Julie Winslett was concerned that the units will
become rentals and will create traffic problems. Haines Hill requested that the
council talk about drawing a line where apartments can be located. He advised
that much of the property in the Crown Mountain vicinity has deed restrictions.
The developers must consider the neighbors that will be impacted. The citizens
of the Crown Mountain area request to leave the zoning as is. Glenn Melvin
clarified some of the concerns. He advised that the trees will be left until the
development is completed. Most of the trees are pines which are hazardous to
property. They will be replaced with trees that will grow to eight to ten foot.
There will be six units per acre in lieu of sixty units which would be permitted
if the property is rezoned to R-2 requirements. By
laws are not needed at this stage of the development. The walls have to be
fire-rated to comply with building codes. The price range of $200,000 for each
unit is not a market for rental units. The property is currently zoned as B-1.
This could be a disaster to put businesses there. The developers want to do
something good for Dahlonega. They live here and are willing to work with the
city. Mr. Parks asked for staff comments. Chris Head advised that the density is
within R-3 zoning guidelines. Water and sewer services re available. Traffic
should not be a problem with three access streets. The tree buffer would be left
until the end of construction and the trees planned for the buffer would meet
the current tree ordinance. The
Dahlonega Planning and Zoning Commission recommended approval of rezoning to PUD
with a maximum of 50 units and a perimeter setback of 25 ft. Mayor McCullough
advised that all plans must be approved by both the council and the planning
commission. A full set of engineered
drawings are not required at this time. The complete soil erosion plan must also
be approved by both the city and state officials. Mayor McCullough advised that
he had received several citizens' comments that were in favor of rezoning the
property to PUD. Terry Peters asked that the term "fee-simple town
homes" be clarified. He also asked if all areas outside he units are common
areas. He was informed that all areas outside the homes are common areas. Bill
Northquest asked if the homeowners association fails to maintain the units who
would be responsible? He was informed that the exterior of the buildings would
be maintained by individual homeowners and that covenants are not controlled by
city or county governments. Guy LaBoa asked if the homeowners association goes
bankrupt what happens. Doug Parks advised that another association would be
formed after default of the first. Mr. Parks also recommended that the streets
be private streets. This was what was presented to the Planning Commission. Bill
Scott made a motion to send the annexation request back to the Planning and
Zoning Commission. The motion was seconded by Dudley Owens. Mr. Owens requested
that a time1ine be given for the Planning and Zoning Commission to hear the
request. He also requested that specific information be submitted as to whether
the condominiums would be fee simple townhouses and whether the streets would be
private. More specific information should be given on plans for sidewalks and
plans for a clubhouse. The motion was approved by all members present.
CITIZENS:
The council was informed
that Connie Wylie has applied for transfer of the beer and wine license for
Wylie's Restaurant. Mrs. Wylie has also applied for a distilled spirits license
for Wylie's. All paperwork is in order and the GCIC report indicated no record
for Mrs. Wylie. A motion was made by Dudley Owens to approve transfer of the
beer and wine license and a license for distilled spirits. This motion was
seconded by Bill Northquest and approved by all members present.
Challenged Child and Friends applied for a special events permit planned
for the Buisson Center on December 3, 2005. A motion was made by Dudley Owens to
approve the request. The motion was seconded by Bill Northquest and approved by
all members present.
DEPARTMENT REPORTS:
Mayor McCullough advised
that reports have been received from the Planning and Code Enforcement
Departments for the month of September, 2005. Susan Newell advised that the
Dahlonega Historic Preservation Commission approved applications for structure
changes for Butler's Mini Mall and the Smith House. Sign applications were
approved for Current Energy Group, Mountain Top Massage, Picnic Cafe and
Dessertery and Sherman Green Lodge.
FIRST READING AMENDMENT I-ORDINANCE
2005-2-ALCOHOL:
A motion was made by Bill Northquest to approve the
first reading of Amendment 1 to Ordinance 2005-2-Alcohol Regulations. This
motion was seconded by Terry Peters and approved by all members present.
SECOND READING AMENDMENT
27-0RDINANCE 75-1 WATER & SEWER RATES:
A motion was made by Dudley Owens to approve the
second reading of Amendment 27 to Ordinance 75-1-water and sewer rates. This
motion was seconded by Bill Northquest and approved by all members present.
SECOND READING ORDINANCE 2005-6-0NE
WAY STREETS:
A motion was made by Bill
Scott to approve the second reading of Ordinance 2005-6 One Way Streets. The
motion was seconded by Dudley Owens and approved by all members present. City
Manager Bill Lewis advised that a two week grace period will be given before
enforcement of the ordinance.
RESOLUTION-FY 06 BUDGET APPROVAL:
A motion was made by Terry Peters to approve the
attached Resolution to approve the FY 06 Budget.
This motion was seconded by Dudley Owens and approved by all members
present.
CITY MANAGER'S COMMENTS:
City Manager Bill Lewis
requested that the city attorney explain why an amendment to the GEFA Agreement
is required. Doug Parks advised that
the original GEFA Agreement required the city and county to submit a copy of an
intergovernmental agreement no later than August 31, 2005 designating the
allocation of their joint obligation under the loan agreement. The city and
county have not reached an agreement on the debt allocation and have therefore
requested an extension of time for submittal of the agreement. This agreement
will give an extension of debt allocation until March 1, 2006. A motion was made
by Dudley Owens to approve the attached Amendment to the GEFA Agreement. The
motion was seconded by Bill Northquest and approved by all members present.
MAYOR'S COMMENTS:
Mayor Gary McCullough
recommended that Sara White be reappointed to the Dahlonega Historic
Preservation Commission. A motion was made by Bill Northquest to approve this
recommendation. The motion was seconded by Dudley Owens and approved by all
members present. Mayor McCullough recommended that Larry Winslett be reappointed
to the Dahlonega Planning and Zoning Commission. This motion was seconded by
Terry Peters and approved by all members present.
CITY ATTORNEY'S COMMENTS:
City Attorney Doug Parks
advised that Lumpkin County Commissioners will consider the GEFA Agreement at
their meeting scheduled for tomorrow. They also plan to consider the Eco South
Contract for reservoir mitigation. The council was also advised that the Smoking
Ordinance will be on the November Council Meeting Agenda.
ADJOURNMENT:
A motion was made by Bill Northquest to adjourn the
meeting at 7:45 p.m. This motion was seconded by Dudley Owens and approved by
all members present.
APPROVED BY ME THIS _________ DAY OF _________________, 2005
MAYOR
ATTEST: CITY CLERK
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