August 14, 2008

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

MINUTES
August 14, 2008

Item 1:  Meeting Called to Order by Mayor Roberts

Council Members Present:      John Byrd, Ashley Holcomb, Frank Homiller,
& Andrenia Stoner

Staff Present:    Darrell Caudill, City Attorney; Dana Davis, Police Chief; Michael     Chapman, Planner, Donna England, Finance Director; Karen Jordan, City Clerk; and     Eric Wilmarth, City Manager

Item 2:  Pledge of Allegiance led by Mayor Roberts

Item 3:  Public Comments – Appearances
Diane Minick, Watershed Director of the Upper Etowah River Alliance appeared before     Council to express her desire to locate the office of the Upper Etowah River Alliance in the     old City Hall Building located at 301 Gilmer Ferry Road. Ms. Minick asked if Council would     consider letting the group use the building free of charge and also provide all utilities.

Mayor and Council discussed the proposal, but made no decision to grant Ms. Minick’s     request at this time.

Ms. Jennie Way, owner of Packrats Daughter asked if the contract to begin the     Streetscape Project had been awarded and if so how long before construction would begin.

City Adm. Wilmarth replied the Council would consider awarding the bid at tonight’s     meeting and that it would take approximately nine months to complete the project.

Ms. Way also asked if Mayor and Council were aware that a business association was in the     process of forming and could the City put together a pamphlet for new businesses?

Mayor Roberts replied that he was glad to hear of the forming of the association and that     it     would act as an advocate for new business.

Ms. Way also asked about the possibility of the city finding a doctor to replace Dr. Coster and     if the City was working with Dr. Zeman to lease his building.

City Adm. Wilmarth replied that the City has had no contact with Dr. Zeman.

Mayor Roberts recognizes several members of the Leadership Cherokee Class    visiting the     meeting tonight as a homework assignment.

Mayor Roberts recognized John Hodge of Ball Ground ScoutTroop1755 and Joseph     Totherow of Ball Ground Scout Troop 356

Item 4:  Announcements/Informational Items – City Manager
City Hall will be closed September 1, 2008 for Labor Day
The Police Department will hold their annual National Night Out in October
Construction of the Valley Street extension is complete and open for traffic.  Total cost of the     project was $850,000.00.

City Adm. Wilmarth proposed that Council approve a request to submit an application to the     Georgia Environmental Facilities Authority GEFA for funding to expand our search for an     alternate well site.

Council Member Holcomb put forth a motion, seconded by Council Member Byrd to approve     submittal of an application to the Georgia Environmental Facilities Authority for matching     grant funding through the Georgia Water Supply Competitive Grant Program for the purpose     of assisting with the cost to drill a second well.
Motion Approved 4 Yeas  0 Nays  1 Absent.

Item 5:  Approve Minutes
a)    July 10, 2008 Regular Scheduled Meeting
Council Member Holcomb put forth a motion, seconded by Council Member Stoner to approve the minutes of the July 10, 2088 regular scheduled City Council Meeting.
Motion Approved 4 Yeas  0 Nays  1 Absent

Item 6:  Old Business
a) Consider 2nd Reading Annexation Petition 2008-A006 – Michael Troy & Linda M.     Gibson, Applicants
The applicants request annexation of 2.34 Acres.  The property is described as all that     tract or parcel of land lying and being in Land Lot 271, 4th District, 2nd Section, Cherokee     County, Georgia, being more particularly described as the 2.34 acre tract west of     State Road     372 shown on a plat of survey for lva D. Andrews by Roy D. Wilson, Jr. RLS #2081, dated 7-    9-92 recorded in Plat Book 43, page 121, Cherokee County Records, which plat is hereby     referred to and made a part of t his description.      The property is     further described in     Cherokee County Tax Map No. 04N03C, Parcel     009.  No change in zoning is requested     at     this time.

Mayor Roberts presented the application for Council consideration.

Council Member Homiller put forth a motion, seconded by Council Member Holcomb to     accept the annexation petition for 2.34 acres and described as Cherokee County Tax Map     No. 04N03C, Parcel 009.
Motion Approved  4 Yeas  0 Nays  1 Absent

b) Consider 2nd Reading Annexation Petition 2008-A005 – Michael Troy & Linda M.
Gibson, Applicants
The applicants request annexation of 2.00 Acres.  The property is described as all that tract     or parcel of land lying and being in the 4th District and 2nd Section of Cherokee County,     Georgia, and being a portion of Land Lot No. 300 and being more particular described in     Cherokee County Tax Map No. 04N04, Parcel 022 & 23.  No change in zoning is requested     at this time.

Mayor Roberts presented the application for Council consideration.

Council Member Byrd put forth a motion, seconded by Council Member Stoner to accept the     annexation petition for 2.00 acres and described as Cherokee County Tax Map No. 04N04,     Parcel 022 & 023.
Motion Approved  4 Yeas  0 Nays  1 Absent

Item 7:  New Business
a)    Consider Award of Bid for Downtown Streetscape Project
City Adm. Wilmarth stated the following bids were received for the Downtown Streetscape Project.
Company                    Bid Amount
Prince Ventures                       $707,833.07
ASTRA Group                       $867,877.00
JHC Corporation                   $973,000.00
Lewallen Construction                $1,057,359.22
Latimer Construction                $1,120,000.00
JJE Constructors                $1,200,000.00
L. C. Whitford                    $1,383,243.18
GS Construction                $1,657,296.22

City Adm. Wilmarth stated that the bids were submitted to DOT along with the City’s request to award the bid to the Prince Ventures who submitted the lowest bid in the amount of $707,833.07.

A contract was presented to Mayor and Council for consideration to award the bid to Prince Ventures in the amount of $707,833.07.

Following Mayor and Council discussion of the cost of the Plaza and streetlights a motion was put forth by Council Member Byrd, seconded by Council Member Homiller to award the contract to Prince Ventures in the amount of $707,833.07 with a contingent amount of $148,000.00 to be included in the contract.
Motion Approved 4 Yeas  0 Nays  1 Absent.

b)    Consider Adoption of Community Agenda – Resolution No. 2008-R06
Margaret Stallings, Principal Planner of the Cherokee County Planning and Zoning Department along with Michael Chapman, Planner presented a power point review of the Comprehensive Plan for the years 2007 – 2008 for the City of Ball Ground.

Following discussion Council Member Homiller put forth a motion, seconded by Council Member Byrd to adopt Resolution No. 2008-R06 as follows.  Motion Approved 4 Yeas  0 Nays  1 Absent.
RESOLUTION NO. 2008-R06
10th Year Comprehensive Plan Update
Adoption Resolution

JOINT COMMUNITY AGENDA
Cherokee County and the Cities of Ball Ground and Waleska, Georgia

WHEREAS, the Georgia Planning Act of 1989 authorizes local governments throughout the     State to prepare Comprehensive Plans to be used in guiding their future growth and     development;

WHEREAS, Cherokee County and the Cities of Ball Ground and Waleska have prepared     a Community Agenda as part of the Comprehensive Plan for the years 2007 through 2030     in accordance with the Minimum Standards and Procedures for Local Comprehensive     Planning.

WHEREAS, the Community Agenda was transmitted to the Atlanta Regional Commission     and the Georgia Department of Community Affairs on February 5, 2008 for review; and

WHEREAS, the Community Agenda portion of the Comprehensive Plan has been reviewed     by Atlanta Regional Commission and the Georgia Department of Community Affairs and     deemed to be in compliance with the procedures outlined in the Minimum Standards and     Procedures for Local Comprehensive Planning.
NOW THEREFORE BE IT RESOLVED, that the City of Ball Ground hereby adopts the     Community Agenda to complete the Comprehensive Plan of Cherokee County.

Adopted this 19th day of August, 2008

Ball Ground, Georgia

BY:_______________________________________
Mayor, A. R. Roberts, III

ATTEST:___________________________________
Karen L. Jordan, City Clerk

c)    Consider Adoption of 2008 Property Tax Millage Rate
Council Member Homiller put forth a motion, seconded by Council Member Stoner to table this item of business.
Motion Approved  4 Yeas  0 Nays  1 Absent.

d)    Consider Request by Acenedo Gabriel to open an Auto Body Repair Shop at 9830 Ball Ground Highway.  (Ball Ground Comprehensive Development Code 104.10 Light Industrial District (LI) E. Special Uses Permitted by City Council.

Council Member Homiller put forth a motion, seconded by Council Member Byrd to approve the request by Gabriel Acenedo to open the business of an Auto Body Repair Shop at 9830 Ball Ground Highway.
Motion Approved 4 Yeas  0 Nays   1 Absent.

e)    Consider Resolution 2008-06 Titled. Call for Referendum to issue licenses to sell distilled spirits for beverage purposes by the drink.

City Adm. Wilmarth presented a letter from Imran Kalvert, Accounts Executive for Premium Investment Properties, LLC requesting Mayor and City Council consider calling for a referendum to permit the issuance of licenses to sell distilled spirits for beverage purposes by the drink.

Mayor Roberts presented Resolution 2008-R07 for Council Consideration.

Council Member Byrd put forth a motion, seconded by Council Member Holcomb to approve Resolution 2008-R07 as follows.
Motion Approved 4 Yeas  0 Nays  1 Absent

A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF Ball Ground, GEORGIA

WHEREAS, The Official Code of Georgia Annotated §3-4-90 authorizes municipalities to     issue a licenses for sale of distilled spirits by the drink; and
WHEREAS, a special election must first be held and conducted in all respects in accordance     with the provision of Article 14 of the Georgia Election Code Annotated; and

WHEREAS,  the Mayor and City Council of Ball Ground, Georgia does hereby call for a     special election and the holding of same, to allow the citizens of Ball Ground, Georgia to vote     on the following question:

(  ) Yes        Shall the governing authority of the City of Ball Ground be authorized to sell             distilled spirits for beverage purposes by the drink, such sales to be for         (  ) No        consumption only on the premises?

NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL that pursuant to     the Article 14 of the Georgia Election Code Annotated and notwithstanding any other     provision of law to the contrary, a call to conduct a special election on Tuesday, November 5,     2008 has been ordered.

This resolution adopted this 14th day of August, 2008.
_________________________________
Mayor A. R. Roberts, III

Attest:  ___________________________
Karen L. Jordan, City Clerk

Item 8:  City Managers Report – No report.

Item 9:  Mayor Roberts & City Council Comments
Mayor Roberts announced that he will be representing Cherokee County on the Executive     Committee of Metro Atlanta Mayors Association.  Ball Ground is one of 67 City’s within the     metro area stated Mayor Roberts.

Mayor Roberts also announced that is also serving on the Georgia Municipal Association     Board of Directors. He and former Canton Mayor Cecil Pruitt are the only two mayors within
Cherokee County that have served on the board stated Mayor Roberts.

Council Member Homiller reported on the Cub Scout Twilight Camp held in July at the     Community Center and     Calvin Farmer Park

City Clerk Karen Jordan gave an update on the festivities planned for the 125th celebration.

Item 10:  Adjourn
There being no further business for Mayor and Council consideration a motion was duly            made and seconded to adjourn at 8:20 PM.

The Minutes of this August 14, 2008 Meeting of Council approved this 11th day of September 2008 City Council Meeting.

__________________________            ____________________________
Mayor A. R. Roberts, III                                   Council Member Frank Homiller

__________________________            _____________________________
Council Member John Byrd                             Council Member Ashley Holcomb

__________________________           _____________________________
Council Member Lee Prettyman                    Council Member Andrenia Stoner

Attest: _____________________________
Karen L. Jordan, City Clerk

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