Sept 9, 2021 Regular

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.

AGENDA
SEPTEMBER 9, 2021

Item 1: Meeting Called to Order by Mayor Roberts.

Item 2: Pledge of Allegiance

Item 3: Approve Agenda

Item 4: Appearances – None

Item 5: Public Comments – None

Item 6: Announcements/Informational Items/Project Updates – City Manager

Item 7: Approval August 12, 2021 Council Meeting

Item 8: Old Business

Consider Second Reading of Annexation Petition 2021-04
Applicant: Loyd Development Services – Ball Ground Hwy.
Consider Second Reading of City of Ball Ground Development Code

Item 9: New Business

Consider John Loyd Development Services request to rezone 39.98 +/- acres on Canton Hwy from R-80 (County) to TND (Traditional Neighborhood Development). If rezoned, the property will be utilized for single family detached homes and townhomes.
Consider Resolution R-06 Recognizing Constitution Week (September 17-23)
Consider Property Lease for Downtown Parking
Consider Declaration of Surplus Property: 2014 Dodger Charger
Consider Adoption of Resolution Authorizing Advertisement of Sale of Property (Related to refinancing City Hall)

Item 10: City Manager Comments

Item 11: Mayor Roberts Comments

Item 12: Council Comments

Item 13: Executive Session – Discussion of Potential Litigation

Item 13: Adjourn

Sept 9, 2021 Work

Work Session

City of Ball Ground Mayor and City Council
Ball Ground City Hall ~ 5:30 PM

AGENDA
September 9, 2021

CALL TO ORDER

Discussion of Regular Agenda Items

Adjourn

Regular Scheduled Meeting to Follow at 7:00PM

Municipal Special Election – Nov 2, 2021

The qualifying period for the City of Ball Ground November 2, 2021 Municipal Special Election has ended. The following candidates successfully qualified for

City Council Post 3:
Vicki Benefield
Cory Cooper
Adam Humphries
Darrell McNeal
Mark Popham

The Municipal Special Election is scheduled for Tuesday, November 2, 2021, from 7:00 a.m. to 7:00 p.m. at the Ball Ground United Methodist Church located at 3045 Ball Ground Hwy.

In the performance of its governmental functions, The City of Ball Ground contracts with the Cherokee County Board of Elections to conduct all City of Ball Ground Elections. For Absentee mail-out, in-person early voting, and voter registration information call 770-479-0407.

Municipal General Election – Nov 2, 2021

The qualifying period for the City of Ball Ground November 2, 2021 Municipal General Election has ended. The following candidates successfully qualified for:

Mayor – A. R. (Rick) Roberts

City Council Post 4 –
John Byrd (Incumbent)
Kristine Rogers

City Council Post 5 –
Charles Jenkins
Dennis Nelson
Ben Reilly 

The Municipal General Election is scheduled for Tuesday, November 2, 2021, from 7:00 a.m. to 7:00 p.m. at the Ball Ground United Methodist Church located at 3045 Ball Ground Hwy.

In the performance of its governmental functions, The City of Ball Ground contracts with the Cherokee County Board of Elections to conduct all City of Ball Ground Elections. For Absentee mail-out, in-person early voting, and voter registration information call 770-479-0407.

November 12, 2020

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.

MINUTES
November 12, 2020

Mayor Pro Tem John Byrd was present for the meeting in Council Chambers. In order to limit the number of individuals present in Council Chambers and at City Hall and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Prettyman and Stoner participated via teleconference call. Council Member Homiller, O’Malley and Mayor Roberts was absent.

Item 1: Meeting Called to Order by Mayor Pro Tem John Byrd

Item 2: Roll Call of Council Members

Council Members Byrd Prettyman participated via teleconference call.

Present in Council Chambers were City Manager Eric Wilmarth, City Clerk Karen Jordan, Police Chief Bryon Reeves, City Planner Chris Luly and City Attorney Darrell Caudill

Item 3: Approval of Agenda

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman, Seconded by Council Member Stoner to approve the meeting agenda as submitted.
Motion Unanimously Approved.

Item 4: Announcements/Informational Items/Project Updates – None

Item 5: Approval of October 8, 2020 Council Meeting Minutes

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the minutes of the October 8, 2020 Council Meeting as submitted in writing by the City Clerk.
Motion Unanimously Approved.

Item 6: Old Business
Consider Second Reading Annexation Petition 2020-A02:
Applicant: Lynwood Development – 560 Old Dawsonville Road

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the second reading of Annexation Petition 2020-A02 as submitted by Lymwood Development for property located at 560 Old Dawsonville Road.
Motion Unanimously Approved

Consider Second Reading Annexation Petition 2020-A03
Applicant: Fred Brackett – 619 Old Dawsonville Rd

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to approve the second reading of Annexation Petition 2020-A03 as submitted by Fred Brackett for property located at 619 Old Dawsonville Road.
Motion Unanimously Approved

Consider Second Reading Annexation Petition 2020-A04
Applicant: City of Ball Ground – 1.34 acres landlocked property located north of where public access road ends (Roberts Lake Rd)

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner to approve the second reading of Annexation Petition 2020-A04 as submitted by City of Ball Ground for 1.34 +/- acres landlocked property located north of where public access road ends (Roberts Lake Road).
Motion Unanimously Approved

Item 7: New Business – None

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenues and expenditures for the month ended October 31, 2020. The report showed cash on deposit totaled $1775,076.55.

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City.

The City received notice from the Environmental Protection Division earlier today to begin the A. W. Roberts Waterline Relocation Project. A notice to proceed was then issued to Trench Incorporated to begin the project. Trench Incorporated is expected to be on site to begin the project within the next two to three weeks.

A new lighting system will be installed at the tennis and basketball courts. The existing on/off switch is constantly being vandalized. In order to eliminate the costly repairs of replacing the on/off switch will now be done remotely through an internet-based system. The lights will be preprogramed to shut off at 10:15 PM nightly.

Chief Reeves presented a written report of the Police Department’s activities for the month ended October 31, 2020.

Watchguard is scheduled to arrive on November 23, 2020 to begin working with the Police Department installing bodycams. The cameras will be installed and officers trained on the use of the devices over the course of three days.

City Attorney Caudill is currently working to provide mayor and council members with a draft of a new zoning code and alcohol ordinance for review within the next couple of months.

Item 9: Mayor Roberts was absent.

Item 10: Council Comments

Council Member Prettyman and Stoner commended Chief Reeves and his department along with City Manager Wilmarth and staff for continuing to provide a high level of service throughout the ongoing Pandemic and recent Hurricane Zeta.

Item 11: Public Comments – None

Item 12: Adjourn

There being no further business for consideration a motion was duly made and seconded to adjourn.
Motion Unanimously Approved.

The minutes of this November 12, 2020 City Council Meeting approved this 14th day of January 2021.

 

__________________________
R. Roberts, III, Mayor

Attest: ________________________
Karen L. Jordan, City Clerk

October 8, 2020

Regular Meeting of the Mayor and City Council
City of Ball Ground, Georgia
Ball Ground City Hall ~ 7:00 P.M.

MINUTES
October 8, 2020

Mayor Rick Roberts was present for the meeting in Council Chambers along with Council Members John Byrd, Lee Prettyman and Andrenia Stoner. In order to limit the number of individuals present in Council Chambers and at City Hall and to provide for social distancing as recommended by the Centers for Disease Control and Prevention, Council Members Homiller and O’Malley participated via teleconference call.

Item 1: Meeting Called to Order by Mayor Rick Roberts

Item 2: Roll Call of Council Members

Present: Council Members Byrd, Homiller, O’Malley, Prettyman and Stoner

Staff Members Present: Finance Director Donna England, Police Chief Bryon Reeves, City Attorney Darrell Caudill, City Manager Eric Wilmarth and City Clerk Karen Jordan

Also Present: Cherokee Tribune Reporter Donald Campbell and Pickens Co. Progress Reporter Larry Cavender

Item 3: Approval of Agenda

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to approve the agenda.
Motion Unanimously Approved.

Item 4: Announcements/Informational Items/Project Updates – City Manager
No announcements

Item 5: Approval of August 13, 2020 Council Meeting Minutes (September Council Meeting Canceled)

Council Member Byrd put forth a motion, Seconded by Council Member O’Malley to approve the minutes of the August 13, 2020 Council Meeting as submitted by the City Clerk. (September Meeting was cancelled)
Motion Unanimously Approved.

Item 6: Old Business
Consider 2nd Reading of Application for Alcohol License (Consumption on premises)
Applicant: 1984 Brewing LLC/DBA Rock Solid Brewing
Location: 345 Gilmer Ferry Rd

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman to approve the second reading of the Application for an Alcohol License as submitted by Christina Lauer, 1984 Brewing LLC.
Motion Unanimously Approved.

Annexation Petition 2020-A01: Ridge Mill Associates, LLC 9.99 Acres located on Northridge Rd

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd to approve the second reading of Annexation Petition 2020-A01 as submitted by Ridge Mill Associates, LLC.
Motion Unanimously Approved

Item 7: New Business

Consider Resolution 2020-R-08 as related to petition to change zoning of 10 +/- acres on Northridge Road from AG (General Agriculture) to RZL/Ball Ground (Zero-Lot-Line) for single family residential. Applicant: Ridge Mill Associates, LLC

Applicant is requesting to rezone property from AG (General Agriculture) to RZL (Zero-Lot-Line). If rezoned, the property will be utilized to thirty-five (35) single-family detached homes.

Mayor Roberts stated the Cherokee County Planning Commission held a public hearing on September 1, 2020 and at which time the Commission voted to approve the RZL (Zero-Lot-Line) zoning located on Northridge Road consisting of 10 +/- acres with the following conditions:

Development must contain 5’ sidewalks on each side of the street.
Sidewalks to be installed (3- or 4-foot width) from the front door of each dewing to the sidewalk at the street.
3) Installation of 5’ sidewalks along all Northridge Road frontage of property.
Street tree plantings of 4” caliper from the City of Ball Ground pre-approved tree planting list, every 100 feet of roadway.
LED Street Lights (Standard Georgia Power install currently – same as adjacent development)
Development to be rear entry garages as shown on concept plan
3 pocket parks with a commitment for one of these parks to contain playground equipment.

City Manager Wilmarth stated per the Georgia State Minimum Fire Code, where there are more than 30 dwelling units built there must be two access entrances or equip each dwelling unit with an approved automatic sprinkler system. Because of the terrain of the property the developer has decided to install a sprinkler system in each house.

Council Member Homiller asked if the developer had submitted a site plan.

City Manager Wilmarth answered they have submitted a site plan along with a hydrology study that conforms to the Metro Water District Standards. Water will be retained on site. Storm water for the twenty-five-year storm will leach out. A large detention pond will be constructed on the back of the property per water quality standards so water is detained and released slowly.

Council Member Byrd put forth a motion Seconded by Council Member O’Malley to the petition to change zoning of 10 +/- acres on Northridge Road from AG (General Agriculture) to RZL/Ball Ground (Zero-Lot-Line) for single family residential with the conditions stated above.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A02:
Applicant: Lynwood Development – 560 Old Dawsonville Road

Council Member Byrd put forth a motion, Seconded by Council Member Prettyman, to accept Annexation Petition 2020-A02 as a first reading.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A03
Applicant: Fred Brackett – 619 Old Dawsonville Rd

Council Member Prettyman put forth a motion, Seconded by Council Member Stoner, to accept Annexation Petition 2020-03 as a first reading.
Motion Unanimously Approved.

Consider First Reading Annexation Petition 2020-A04
Applicant: City of Ball Ground – 1.34 acres landlocked property located north of where public access road ends (Roberts Lake Rd)

Council Member O’Malley put forth a motion, Seconded by Council Member Byrd, to accept Annexation Petition 2020-A4 as a first reading.
Motion Unanimously Approved.

Consider Interdev Change Order #1 for Storm Utility Data Collection Project

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to approve Change Order #1 for the Stormwater Utility Data Collection Project. The effect of change on project cost is $1,830.00.
Motion Unanimously Approved.

Consider an Intergovernmental Agreement for Transportation Improvement Project identified as “2021 Ball Ground Resurfacing Project” between Cherokee County, GA. And City of Ball Ground, GA.

Council Member Byrd put forth a motion, Seconded by Council Member Stoner to enter into an Intergovernmental Agreement for Transportation Improvement Project between by and between Cherokee County and the City of Ball Ground for a resurfacing project identified as “2021 Ball Ground Resurfacing Project.” The project includes 1.1 miles resurfacing of Old Canton Road at a cost to the City of Ball Ground of $91,674.00.
Motion Unanimously Approved.

Consider an Intergovernmental Agreement for Transportation Improvement Project identified as “Old Canton Road at Commerce Lane Guardrail Project” between Cherokee County, GA. And City of Ball Ground, GA.

Council Member Stoner put forth a motion, Seconded by Council Member Byrd to enter into an Intergovernmental Agreement for Transportation Improvement Project by and between the Cherokee County Board of Commissioners and the City of Ball Ground for an improvement project commonly identified as “Old Canton Road and Commerce Lane Guardrail Project.” The estimated cost to the City of Ball Ground is $15,515.90.
Motion Unanimously Approved.

 

Consider adoption of SDS
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman, to empower Mayor Roberts to execute a revised Service Delivery Strategy Form 2’s.
Motion Unanimously Approved.

Consider Request by CCWSA to modify service area to exclude certain parcels

City Manager Wilmarth read a letter from the Cherokee County Water & Sewage Authority stating they had received a request for potable water service from a resident residing off of Blair Road within the Ball Ground service area. The letter further stated the CCWSA staff had determined that a line extension down Blair Road would be required to satisfy the resident’s request. CCWSA, therefore, requests a modification of the service area to exclude parcels 04N03C-009A; 04N03C-009; 04N04-023; 04N04-22; 04N04-21; 04N04-020; and 04N04-018. For clarity, a GIS map was attached to the letter identifying the parcels referenced above.

City Manager Wilmarth stated in order for the City to provide water service to the area, the City would first have to extend the line to the area. Extending the line would be a costly expense to the City along with creating issues providing suitable pressure and flow to the area.

Following discussion, Council Member Byrd put forth a motion, Seconded by Council Member Stoner to modify the City of Ball Ground Service Area excluding the area identified as parcels 04N03C-009A; 04N03C-009; 04N04-023; 04N04-22; 04N04-21; 04N04-020; and 04N04-018.
Motion Unanimously Approved.

Ratify purchase of 2021 Police Vehicle

City Manager reported that the Police Department has once again been plagued with repair issues with one of the Dodge Chargers. The estimated cost to repair the vehicle is approximately $6,000.00. After discussion with Chief Reeves, it was decided it was too costly to repair the vehicle and it would be in the best interest to purchase a new vehicle. Chief Reeves stated that several pieces of equipment from the old vehicle could be use on the new vehicle which would reduce the final cost of the vehicle.

Prior to this meeting City Manager Wilmarth spoke with council members by phone to ask their support to order a new vehicle.

No further discussion. Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to ratify the decision to purchase a new 2021 Ford Explorer.
Motion Unanimously Approved.

Consider Installation of an Electric Vehicle (EV) Charging Station

Mayor Roberts stated in order for the City to become more environmentally friendly an Electric Vehicle Charging Station will be installed in City Park. Council Member Stoner recently asked Mayor Roberts to give consideration to this project.

City Manager Wilmarth stated he received a proposal that included hardware installation, marking and signage of parking spaces and inclusion in the GIS mapping programs for charging stations. The cost to the City would be approximately $16,000.00. Consumers would be required to pay for access to the charging station.
Motion Unanimously Approved.

Consider Authorizations of Small Business Grants

Mayor Roberts stated he would like for the City to offer a Small Business Grant to our local business that were forced to close their doors as a result of Governor Kemps Executive Orders related to the COVID -19 Pandemic. He further stated the Executive Committee would authorize certain funds of the Occupation Tax (Business License), Pro-Rated portions of the alcohol license fees to be refunded only to businesses

Council Member Byrd, put forth a motion, Seconded by Council Member Prettyman to authorize reimbursement of funds identified as Occupation Tax and alcohol license fees paid by City businesses forced to close their doors as a result of Governor Kemps Executive Orders related to the COVID -19 Pandemic.
Motion Unanimously Approved.

Resolution 2020-R06 Fire Prevention Week

Council Member Prettyman put forth a motion, Seconded by Council Member Byrd to empower Mayor Roberts to sign Resolution 2020-R06 declaring October 4-10, 2020 as Fire Prevention Week throughout the City of Ball Ground.
Motion Unanimously Approved.

Mayor Roberts encouraged all residents to check their kitchens for fire hazards and use safe cooking practices during Fire Prevention Week 2020, and to support the many public safety activities and efforts of Cherokee County Fire and Emergency Services.

Item 8: City Manager Comments

City Manager Wilmarth provided Council Members with an unaudited report of account balances, and statement of revenues and expenditures for the month ended September 30, 2020. The report showed cash on deposit totaled $1,643,179.65.

City Manager Wilmarth also updated Mayor and Council Members on several ongoing projects throughout the City.

Chief Reeves presented a written report of the Police Department’s activities for the month ended September 30, 2020.

Chief Reeves addressed Mayor and Council Members on the Risk Reduction Certificate Program he is working on. He stated the program is a cooperative effort between the Georgia Association of Chiefs of Police (GACP) and the Georgia Interlocal Risk Management Agency (GIRMA) to help local law enforcement agencies mitigate potential liability. Our department is participating in the Risk Reduction Certification process in an effort to administer liability insurance or self-insurance coverage to the agency and, accordingly, intend for the exemption found at O.C.G.A. ⸹50-18-72(a)(45) to apply to all documents and materials prepared as part of the certification process to maximum extent permitted by Georgia Law. Chief Reeves stated he hoped to have the certificate process completed by the end of 2020.

Item 9: Mayor Roberts stated he would like for Council Members to be reviewing our existing Development Code for discussion at councils 2021 Annual Planning
Retreat.

Mayor Roberts stated the Downtown Development has not met since the onset of the Pandemic and that it would be his desire to see the Downtown Development Authority rebound in 2021.

Mayor Roberts thanked City Manager Wilmarth for his quick response to his desire to construct a walking trail in Calvin Farmer Park. The quarter mile loop is near completion and is already being enjoyed by city residents.

Mayor Roberts stated Cherokee County continues to increase in the number of positive COVID cases. We strongly continue to ask for and appreciate the cooperation of our city customers, our residents, our businesses and our visitors to do the right thing for the benefit of both yourself and others by following the 3 W’s. Wash Your Hands, Wear your mask and Watch your distance.

Item 10: Council Comments
Council Member Prettyman thanked Chief Reeves and his department for all they do to keep the City safe and secure.

Council Member Stoner thanked Council Members for approving the Electric Vehicle (EV) Charging Station. She stated this would be an asset for our City.

Council Member O’Malley commented on the partnership we have with the Creekview High School and Creekland Middle School Sports Teams. Creekview High School is in the process of erecting a sign identifying the patrons of the sports teams. The City of Ball Ground will be recognized as a patron of the teams.

Mayor Roberts and Council Members commended Finance Director Donna England for her outstanding work in our receiving a Certificate of Achievement for Excellence in Financial Reporting.

Item 11: Public Comments – None

Item 12: Adjourn
There being no further business for Mayor and Council consideration a motion was duly made and seconded to adjourn.

The minutes of this October 8, 2020 City Council Meeting approved this 12th Day of November, 2020.

_____________________________
Mayor A. R. Roberts, III

Attest: ______________________________
Karen L. Jordan, City Clerk


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