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REGULAR CITY
OF DAHLONEGA COUNCIL MEETING NOVEMBER 7, 2005
CALLED TO ORDER:
The Dahlonega City Council
met in regular session at City Hall on November 7, 2005. Council members present
were Bill Northquest, Dudley Owens, Terry Peters and Bill Scott. Mayor Gary
McCullough called the meeting to order at 7:00 p.m. and opened the meeting with
prayer. Mayor McCullough requested everyone to stand for the Pledge to the
American Flag.
MINUTE APPROVAL:
A motion was made by Bill Northquest to approve the
minutes of the regular council meeting held October 3, 2005. This motion was
seconded by Bill Scott and approved by all members present.
Ben Williams gave an update
on current city projects being conducted by Jordan, Jones and Goudling
Engineering. Mr. Williams advised that the Yahoola Creek Watershed Assessment
Project draft plan should be completed during this month and will be presented
to the council during December. This project was required to update the city's
NDPS Permit to discharge into the Yahoola Creek. This plan will address Best
Management Practices concerning storm water runoff. The
project is on schedule and is within budget. Mr. Williams advised that city
staff participation had saved considerable money. The water and sewer master
planning project will identify areas needing improvement. The rough draft will
be completed and will be ready for council review during November. The plan will
contain cost estimates for a Capital Improvement Program for water and
wastewater projects. A meeting of the council will be necessary to adopt the
plan during January, 2006. Mr. Williams also advised that city staff had visited
a new type of water plant that uses a membrane type system to safeguard against
microorganisms found in the water.
PUBLIC HEARING-REZONING:
City Attorney Doug Parks
presided at a public hearing concerning a rezoning request submitted by Tony
Anderson and Norman Adams. The application is to rezone 7.845 acres located on
Mountain Drive from B-1 to PUD. Project Engineer Glenn Melvin advised that the
Planning and Zoning Commission reheard the request per the council's
recommendation. Several issues were addressed including the right of way
variance to allow a larger buffer zone. The Planning Commission agreed to a
setback buffer of a minimum of 35 ft. The type of project will be fee simple
town homes. Each unit will have its own lot which exceeds the city ordinance
concerning lot sizes. The applicants plan to construct streets and utility to
city standards and request that they be dedicated to the city. The applicants
also submitted a draft of the by-laws concerning the development to the Planning
and Zoning Commission. These units will cost $250,000 to $300,000 and this would
not be what people normally rent to college students. Tap fees from the
development would be in excess of $300,000 and annual water and sewer revenues
would increase by approximately $30,000 and property taxes paid to the city and
county would be a substantial increase annually. Mr. Parks asked for citizen's
comments. Lynn Pfeiffer advised that she is not against rezoning to PUD as this
is the best use of the property but expressed concern that this is a sensitive
area and recommended that a tree protection plan be developed and that the
buffer zone not be encroached. Rebecca Merry recommended rezoning to PUD but she
also expressed concern that the city not accept responsibility for upkeep of the
streets. She also agreed that a tree protection plan must be strictly followed.
Ms. Merry stated that college students would be able to rent the town homes if
purchased by parents. Shannon Sims advised that she was not opposed to the
rezoning but she is also concerned that they will turn into college dorms. She
recommended that a policy be set that the units must be owner occupied. She also
recommended that the erosion plan be monitored. Planning Director Chris Head
advised that the rezoning would be the first step of the development and that a
set of engineered plans, soil erosion plan, and tree protection plan must be
submitted to the city for approval. The city's tree protection committee will
also be consulted. The Planning Commission will review all plans before a
building permit can be issued. City Manager Bill Lewis advised that the council
must give approval of rezoning and approval of the letter of intent before the
developer can proceed with specific plans. The public hearing was closed and the
council was asked for any comments. Mayor McCullough stressed that the
developers must follow all city ordinances and the public can review all plans.
Bill Scott stated that no one wants the area to be zoned commercial but he would
like to see a 40 ft. buffer and private streets. Bill Northquest advised that he
would like to see a copy of the by-laws that has been submitted. Terry Peters
advised that he would like to see what the exterior of the town homes would be.
Mr. Melvin advised that the homes would have two car garages and one level
living. The complete plans must be approved before permits are issued. Dudley
Owens stated that the letter of intent implies that the streets will be city
streets. Mr. Owens recommended that the streets be private as this could be a
financial burden on the city. A motion was made by Bill Northquest to rezone the
property to PUD. The motion was seconded by Terry Peters. City Attorney Doug
Parks recommended that the rezoning be conceptual approval of the PUD rezoning
subject to approval of a complete engineered site plan. Bill Northquest agreed
to amend the motion per this recommendation. The motion was approved by all
members present.
CITIZENS:
Vernon Bowdish requested
that the name of Yahoola Reservoir be changed to Lake Dahlonega. Mr. Bowdish
stated that this would increase tourism and city property tax revenues. He also
advised that most reservoirs are named lakes. Mayor McCullough stated that the
council will take this request into consideration.
DEPARTMENT REPORTS:
The council was informed
that reports have been received from the city planning and inspection
departments concerning activities for the month of October, 2005. Gerald Lewy
advised that the Dahlonega Historic Preservation Commission met and approved
applications for sign and structure changes. The commission also discussed a
structure change for Crimson Moon. A railing on the porch had been added without
approval of the commission. The commission requested that the railing and
attached bar be removed and replaced with the correct type railing. Mr. Lewy
stated that this building is on the National Register of Historic Places and
these buildings must be protected.
FIRST READING AMENDMENT
I-ORDINANCE 93-2-SMOKING:
A motion was made by Dudley
Owens to approve the first reading of Amendment 1 to Ordinance 93-2. This
amendment will bring the ordinance into compliance with newly enacted state laws
concerning smoking. This motion was seconded by Bill Scott and approved by all
members present.
SECOND READING AMENDMENT I-ORDINANCE 2005-2-ALCOHOL:
A motion was made by Terry Peters to approve the first
reading of Amendment 1 to Ordinance 2005-2-Alcohol. The motion was seconded by
Bill Scott and approved by all members present.
CITY MANAGER'S COMMENTS:
City Manager Bill Lewis
recommended that the city adopt the attached Resolution to approve a Master
Lease Agreement with Georgia Municipal Association. This agreement will assist
with the management of cash for purchases of capital equipment. A motion was
made by Dudley Owens to approve this recommendation. The motion was seconded by
Terry Peters and approved by all members present.
Mr. Lewis also recommended
that the council approve a proposal from UGA for design guidelines and Dahlonega
Corridor Overlay District Ordinances. The total cost of the project will be
$29,000. A motion was made by Bill Northquest to approve this recommendation.
The motion was seconded by Terry Peters and approved by all members present.
The council was informed
that a Resolution is requited to officially adopt the 10 Year Solid Waste
Management Plan. A motion was made by Dudley Owens to approve the attached
Resolution. The motion was seconded by Terry Peters and approved by all members
present.
The council was informed
that Jessie Layne has been hired for the position of Building Inspector/Code
Enforcement. A vehicle has also been purchased for use by this employee. Mr.
Lewis recommended that the city work with Lumpkin County to assist with building
inspection when the county is in need of assistance and for the county's
inspectors to work with the city when needed. The city attorney was requested to
draft an Intergovernmental Agreement concerning this matter.
MAYOR'S COMMENTS:
Mayor McCullough advised that the GMA District 2
meeting will be held November 10 at Habersham Winery
Mayor McCullough recommended that Angela Antonia be appointed to fill the
unexpired term of Gerald Lord on the Dahlonega Downtown Development Authority. A
motion was made by Bill Northquest to approve this recommendation. The motion
was seconded by Bill Scott and approved by all members present.
The council was informed that Georgia Power Company has requested that the
Public Service Commission approve a change in franchise taxation whereby city
businesses and residents will pay up to 4% more on their bills for franchise
fees. Mayor McCullough advised that he plans to write letters to all of the
Georgia Public Service Commissioners requesting that they vote against this
proposal.
The council was advised that a letter was written to the office of
Community Affairs concerning an agreement to back the EIP Grant. The city has
been trying since 1999 to get this grant in the amount of $104,808.
Mayor McCullough reminded everyone to vote tomorrow.
EXECUTIVE SESSION:
A motion was made by Bill
Scott to adjourn the Executive Session at 7:25 p.m. to discuss real estate
acquisition. This motion was seconded by Terry Peters and approved by all
members present. The regular meeting was reconvened and it was announced that
the council authorized the City Attorney to submit a bid for real estate
acquisition. This action will be announced if the bid is successful.
ADJOURNMENT:
A motion was made by Bill Northquest to adjourn the
meeting at 7:45 p.m. The motion was seconded by Bill Scott and approved by all
members present.
APPROVED BY ME THIS _____DAY OF ________________________,2005.
MAYOR
Attest: CITY CLERK
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