REGULAR CITY OF DAHLONEGA COUNCIL MEETING DECEMBER 6, 2004

CALL TO ORDER-REGULAR MEETING:

The regular meeting was called to order by Mayor Gary McCullough at 6:50 p.m. Council members present were Larry Crowel, Guy LaBoa, Terry Peters, Dudley Owens, Bill Northquest and Michael Clemons. Mayor Gary McCullough opened the meeting with prayer and asked all present to stand and repeat the pledge to the American Flag.

 A Certificate of Appreciation was presented to Cameron Malloy in recognition for her volunteer services for promotion of Old Fashioned Christmas. A Proclamation was presented to Vickie Moore and Virginia Sewell in recognition for enhancement efforts for upgrading their property.

 MINUTE APPROVAL:

A motion was made by Larry Crowel to approve the minutes of the council meetings held during November.  This motion was seconded by Bill Northquest and approved by all members present. A motion was made by Michael Clemons to approve the minutes of the special council meeting held December 1, 2004. This motion was seconded by Guy LaBoa and approved by all members present.

 PUBLIC HEARINGS-REZONINGS:

City Attorney Doug Parks conducted Public Hearings concerning rezoning requests. The first hearing was conducted for B & W Investments. The Dahlonega Planning and Zoning Commission recommended approval of their rezoning request for 3.3 acres located off Wimpy Mill Road. The request is for rezoning from R-l to PUD. The applicant is requesting a PUD zone to construct a 25 unit town home development. Larry Reiter spoke representing the applicants and advised that the property is bordered by apartments on one side and PUD property on another. There is also another apartment complex in the area. The applicant is requesting a PUD zone as it allows flexibility in site configuration which is needed for this location. The density for the project would be 7.5 units per acre with a floor area of 1300 sq. feet per unit. Mr. Parks asked if anyone wished to speak for or against the rezoning. Hearing no opposition a motion was made by Larry Crowel to approve the recommendations of the Planning Commission to rezone the property to PUD. The motion was seconded by Bill Northquest and approved by all members present.

 Mr. Parks advised that the Dahlonega Planning and Zoning Commission recommended approval of a  rezoning request submitted by Phillips Investments. They have requested that property located on Riley Road be rezoned from Industrial to B-2. Bill Dyer spoke representing Phillips Investments and informed the council that the area needs to be rezoned to B-2 in order to construct a new retail center. The buildings to be constructed will be the same type as his project across from the Dawson Outlet Mall which is brick and stone with glass fronts. He plans to combine two pieces of property and one half is zoned B-2 and the other is currently zoned Industrial. The old structures will be removed. Mr. Parks asked if there was anyone present who wished to speak for or against the rezoning. Hearing no opposition to the rezoning a motion was made by Michael Clemons to approve the recommendations of the commission to rezone the property to B-2. The motion was seconded by Bill Northquest and approved by all members present.

 Mr. Parks advised that the Dahlonega Planning and Zoning Commission recommended approval of a rezoning request submitted by the Buisson Center. The applicants have requested to rezone the property from CBD to B-2 to construct a 300-350 seat amphitheatre. This use is not permitted in the CBD District. Mr. Bogy Patton represented the owner of the property which is located on South Chestatee Street. Mr. Patton advised that adjoining property owners did not object to the rezoning. Dudley Owens advised that he is concerned that noise will be a problem and recommended that adjoining property owners within two or three blocks be notified. Mr. Parks asked if anyone present wished to speak for or against the rezoning. Hearing no opposition to the rezoning a motion was made by Michael Clemons to approve the recommendations of the Planning Commission to rezone the property to B-2. The motion was seconded by Guy LaBoa and approved by all members present.

 PUBLIC HEARING-SITE PLAN APPROVAL:

Mr. Parks advised that the Dahlonega Planning and Zoning Commission recommended approval of site plan amendment submitted by Roberta Green. The request is for property located off Vickery Drive. Glenn Melvin spoke representing the property owner and advised that the site plan approval is for reconfiguration of the site plan. Mrs. Green purchased property which has been approved for construction of 20 apartment units and she desires to relocate 11 of the 20 units to adjoining property which has been approved for 37 units. Mr. Parks asked if anyone present wished to speak for or against the site plan as submitted. There being no opposition from the public, a motion was made by Larry Crowel to approve the recommendations of the Planning Commission concerning this request. The motion was seconded by Terry Peters and approved by all members present.

 PUBLIC HEARING-APPEAL HISTORICAL COMMISSION:

Mr. Parks advised that Larry Crowel, owner of Discover Dahlonega Realty, requested to appeal the Dahlonega Historical Commission's recommendation concerning his sign application. Council members Larry Crowel and Terry Peters asked to be recused and left the council room. Steve Gooch advised that he was present to answer any questions concerning the appeal. Mr. Parks advised that decisions of the Historic Commission are final but subject to appeal to the council where it is determined that the Commission either abused its discretion or erred in the interpretation of the provisions of the ordinance. Gerald Lewy, Chairman of the Dahlonega Historical Commission, advised that Discover Dahlonega Realty received a Certificate of Appropriateness at the October, 2004 meeting of the Commission but the COA did not include a border design around the perimeter of the principal sign. When the sign was installed it included the border in violation of the COA. City staff informed Discover Dahlonega Realty of the violation and they then filed an application to amend their COA to include a border design. The application was heard at the November meeting but a motion was not made to approve the application and therefore the application was denied. Mr. Lewy gave some history concerning appeals and in all cases the City Council turned down the requests and referred the application back to the Commission to be resolved. Mr. Lewy stated that the decision to exclude the border design was because it caused less conflict with the architectural features of the windows and other architectural moldings on the front facade of the building. Joel Cordele advised that Dahlonega's sign ordinances are a model for the state and others are envious of Dahlonega. Steve Gooch stated that he also applauded Dahlonega's sign regulations but several signs that have been permitted are more obtrusive than this sign. He also stated that the Historical Commission should have made a decision either for or against the application. Michael Clemons stated that ten other signs located on the square have borders. Cameron Malloy stated that the applicant should have abided by the decision of the Commission. A motion was made by Dudley Owens to refer the application back to the Dahlonega Historical Commission and request that they either deny or approve.  This motion was seconded by Bill Northquest and approved by all members present.

 CITIZENS:

The council was advised that Tim O'Brien has applied for a beer and wine license for the McGuire House located on North Chestatee Street. The GCIC report indicated no record and all paperwork has been completed. A motion was made by Dudley Owens to approve this request. The motion was seconded by Terry Peters and approved by all members present.

 The council was advised that Laura Estrada has applied for transfer of the beer and wine license for Pueblos located on East Main Street. All paperwork has been completed and the GCIC report was satisfactory for the issuance of the license. A motion was made by Dudley Owens to approve this request. approved by all members present. 

The motion was seconded by Terry Peters and Barry Bailey requested that he be given permission to erect a peace pole in recognition of Dahlonega's Native American Heritage. He advised that an excellent location would be at the intersection of Morrison Moore Connector West and South Chestatee Street. Mr. Bailey presented a drawing of the design of the Peace Pole with a 5 ft. medicine wheel and park bench. He also stated that over 200,000 have been erected world-wide. Mayor McCullough advised that this request will be added to the Work Session planned for next week.

 DEPARTMENT REPORTS:

The Council was advised that reports have been received from the Dahlonega Planning and Code Enforcement Departments for activities of the month of November, 2004.  A report was also received from the Lumpkin County Sheriff's Department.

 Gerald Lewy, Chairman of the Dahlonega Historic Preservation Commission, advised that the Commission met on November 17, 2004. A maintenance application was approved for Prudential Realty and Woody's Barber Shop located at 7 North Chestatee Street. No action was taken concerning a sign amendment application for Discover North Georgia Realty. The committee held a workshop on November 22 and discussed changes in the Historic District Guidelines. University of Georgia plans to hold a workshop for council members and members of the Historic Commission. A one day seminar is planned. Suggested dates are December 19, 20 or 21. Mr. Lewy asked that the council choose which date would be more suitable.

 SECOND READING AMENDMENT 2-0RDINANCE 2001-7:

A motion was made by Dudley Owens to approve the second reading of Amendment 2 to Ordinance 2001-7-Dahlonega Farmers Market. This motion was seconded by Larry Crowel and approved by all members present.

 CITY MANAGER'S COMMENTS:

City Manager Bill Lewis recommended that the council certify the results of the special election held November 1. Mr. Lewis reported that the question included on the Lumpkin County General Election Ballot included the following: Shall the governing authority of the City of Dahlonega, Georgia be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises? Mr. Lewis report that there were 718 votes yes and 359 votes no. A motion was made by Bill Northquest to approve the attached election results. The motion was seconded by Terry Peters and approved by all members present.

 Mr. Lewis recommended that an agreement be approved with Independent Writer, Lee Ann Roy, for a cooperative project for the City of Dahlonega and Lumpkin County to receive 6,000 four-page newsletters distributed bi-monthly through the Dahlonega Nugget and 500 delivered to each entity for other distribution means. The total annual investment for each entity would be $4,500 plus a $200 one-time investment for initial graphics work. A motion was made by Dudley Owens to approve this recommendation. The motion was seconded by Bill Northquest and approved by all members present.

 MAYOR'S COMMENTS:

Mayor Gary McCullough advised that he received a letter from the Mayor of Roswell, Georgia concerning a retreat they recently attended in Dahlonega. He advised that Dahlonega is the best location of any retreats they have attended.

 Randy Harvey, Chairman of the Dahlonega Development Authority, requested approval of proposed changes to the DDA Map. Mr. Harvey advised that the area has been expanded to include the properties adjacent to the reservoir. This would allow for a study concerning the possibility of location of a conference center near the reservoir site. A motion was made by Dudley Owens to approve the changes contingent upon Legislative approval if required.  The motion was seconded by Terry Peters and approved by all members present. Mr. Harvey also advised that the DDA is exploring the possibility of other expansions including the Hwy 60 South areas to include new developments and Hwy 19 North Extensions.

 COUNCIL'S COMMENTS:

Dudley Owens asked if any further information has been obtaining concerning the POST system of elections. Mayor McCullough advised that a public hearing will be held in the near future. Mr. Owens recommended that Rep. Amos Amerson be invited to attend a work session concerning this matter.  

CITY ATTORNEY'S COMMENTS:

City Attorney Doug Parks advised that the ordinance concerning alcohol sales will not be completed until late spring or early summer of 2005.

 PUBLIC COMMENTS:

Joel Cordele stated that Historic Commission training is very important and he strongly endorsed training for commission members and members of the city council.

 ADJOURNMENT:

A motion was made by Bill Northquest to adjourn the meeting at 8:15 p.m. This motion was seconded by Michael Clemons and approved by all members present.

 APPROVED BY ME THIS _________  DAY OF _____________________, 2005.

 MAYOR Attest:

 CITY CLERK

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