July 12, 2007

Regular Meeting of the Mayor and Council
City of Ball Ground, Georgia
Ball Ground Library- 7:00 PM

Minutes
Thursday, July 12, 2007

Item 1:        Meeting Called to Order by Mayor Roberts
Council Members Present:  John Byrd, Ashley Holcomb, Lee Prettyman &                 Andrenia Stoner

Council Members Absent:  Frank Homiller

Staff in Attendance:  Darrell Caudill; City Attorney, Dana Davis; Police                     Chief, Randy Westbrook; Finance Director, Eric Wilmarth; City                         Administrator, Karen L. Jordan; City Clerk

Item 2:        Pledge of Allegiance led by Mayor Roberts

Item 3:        Public Comments from Ball Ground Residents
Kristine Rogers residing at 220 S. Mountain Brooke Way addressed council             concerning the speed limits within the Mountain Brooke Subdivision.  Mrs.             Rogers stated there are a number of people who are speeding thru the                 neighborhood.  She asked Council to consider reducing the already 25 MPH             speed limits and install Children at Play Signs through out the subdivision.

John Harwell, Developer of Mountain Brooke North Subdivision
Mr. John Harwell of THO and Associates and developer of the Mountain Brooke             North Subdivision addressed Mayor and Council concerning sidewalk                 construction in     phase two.  Mr. Harwell requested Mayor and Council give             consideration to the following request relating to sidewalk construction:
1.  Sidewalks constructed on one side of the street rather than both as stated in             the development code.
2.  Construction width reduced to four feet

Mayor Roberts stated he believed four foot sidewalks are too narrow and that he             would consider sidewalks five feet in width and constructed on one side.

Council Members discussed Mr. Harwell’s request.

Council Member Prettyman moved to approve the construction of a sidewalk             on one side of the street at a width of five feet in phase two and three of the             Mountain Brooke North Subdivision.  Council Member Stoner seconded the             motion.  Vote  4 Yeas 0 Nays 1 Absent

Item 4:        Announcements/Informational Items/Project Updates

a)    Announcements
July 14, 2007 Movie Under The Stars in Calvin Farmer Park.  The movie “Open Season” sponsored by the Cherokee County Parks and Recreation Department will be shown.

b)    Project Updates – City Manager Wilmarth
1)    Downtown Streetscapes
City Manger Wilmarth stated there are three property owners who have yet to sign easements.  A formal request to begin condemnation on the Joseph Cowart property has been submitted to the City Attorney.

2)    City Hall Project
Construction of the New City Hall is on schedule and within budget.  Concrete is scheduled to be poured for the slab tomorrow morning at 5:00 AM.  The electrical and plumbing has been installed and we needed a new ac so I searched for ac installation near me and we found a good company.

3)    Valley Street Project
The survey of the final piece of property needed to complete the acquisition of right of way for Valley Street is nearing completion.  Once the survey is complete, it will be delivered to the City Attorney who will then prepare a contract for purchase to be presented to the property owners.

4)    Emory and Garrett Search for Ground Water
Surveys of the properties identified as suitable well sites by the firm of Emory and Garrett are under way.  Upon completion of the surveys the firm of RMA will prepare the application to submit to EPD for permission to drill a test well.

5)    Meter Change Our Program
The conversion of the water system to radio read water meters began July 9, 2007 and is scheduled for completion in approximately eight weeks.

City Administrator Wilmarth asked Council to consider the adoption of Resolution No. R07-04 which states the following:

Resolution No. R07-04

Whereas, the City of Ball Ground (the “City”) intends to make certain capital expenditures with respect to the acquisition of certain water meters and associated monitoring equipment (the “Project”); and

Whereas, all or a portion of the costs of the Project will be financed or refinanced with the proceeds of tax-exempt obligations issued for the benefit of the City (the “Tax-Exempt Obligations”); and

Whereas, prior to the issuance of the Tax-Exempt Obligations, the City will pay for all or a portion of the cost of the Project; and

Whereas, the City anticipates reimbursing itself with proceeds of the Tax-Exempt Obligations for all or a portion of the costs of the Project paid by it prior to the issuance of the Tax-Exempt Obligations; and

Now, Therefore, be it resolved by the City Council of the City of Ball Ground, and it is hereby resolved by the same, as follows:

1.    The City reasonably expects to reimburse itself with proceeds of Tax-Exempt Obligations for all or a portion of the costs of the Project paid by it prior to the issuance of the Tax-Exempt Obligations.

2.    The maximum principal amount of debt which the City presently expects         to be issued relating to the Project is currently estimated to e $195,000.

Council Member Holcomb put forth a motion to adopt Reimbursement Resolution NO. R-07-04 as introduced.  Council Member Byrd seconded the motion.
Vote  4 Yeas  0 Nays  1 Absent

6)  City Administrator Wilmarth reported the Cherokee County Board of Education is no longer considering the Community Building and surrounding property as a future school site.  The reason cited is unsuitable soil.

Mayor Roberts expressed his disappointment and stated the search would continue for a suitable site.

Item 5:        Approval of Minutes
a)            June 12, 2007 Regular Meeting Minutes
b)        June 28, 2007 Work Session Minutes

Council Member Holcomb moved to approve the minutes of the June 14, 2007 regular Scheduled Meeting with the following corrections:

Item 6: Consent Agenda; Second paragraph should read: Motion by Council Member Stoner to approve Items B, C, D, E, F and G.  Council Member Holcomb seconded the motion.

Item 6 (f) should read:  Financing of the Water Meter Change Out Conversion – City Adm. Wilmarth request approval to borrow up to $190,500.00 from a banking institution submitting the best proposal for funding.

Council Member Stoner seconded the motion.  Vote 4 Yeas    0 Nays    1 Absent

Item 6:        Consent Agenda
Mayor Roberts requested Item C be removed from the Consent Agenda and placed under Item 7:  Old Business

Council Member Holcomb put for the motion to approve Consent Items a & b and to remove Item C) from the Consent Agenda and move it to Item 7:  New Business.  Council Member Prettyman seconded the motion.  Vote 4 Yeas     0 Nays     1 Absent

a)         2nd Reading Annexation Petition No. 2007-A01  Joel, Jane & Rhoda                 Neighbors, Applicants.  The applicant request annexation of 1.12 acres.              The property is located at 10464 Ball Ground Highway and further                 described as Cherokee County Tax Map No. 04N03C, Parcel 008.

b)         2nd Reading Annexation Petition No. 2007-A02 Patricia O’Bryant Jinks,             Applicant.  The applicant request annexation of 1.13 Acres.  The                 property is located at 724 Howell Bridge Road and further described as                 Cherokee County Tax Map No. 03N01, Parcel 054.

Item 7:        Old Business

Prior to Council Member Holcomb presenting this item of business for Council consideration Mayor Roberts left the room because of his personal interest in the property described below.

a)         2nd Reading Annexation Petition No. 2007-A03 Sylvia Roberts, A. R.             Roberts, III, Judson W. Roberts, Applicants.  Request annexation of 10             Acres.  The property is located on Roberts Lake Road in the City of Ball                 Ground and further described as Cherokee County Tax Map No. 03N07,                 Parcel 062 & 062A.

Council Member Byrd moved to accept.  Council Member Prettyman seconded the motion.  Vote 3 Yeas  0 Nays  1 Absent.

Item 8:        New Business
a)        Accept Taylor Leigh Ct., South Mountain Brooke Dr. and South                 Mountain Brooke Way located in Mountain Brooke North Subdivision,             Phase 1 into the City Street Inventory.

City Administrator Wilmarth reported the streets passed the final inspection and recommended they be accepted into the City’s inventory.

Council Member Holcomb moved to accept the following streets located in Phase 1 of the Mountain Brooke North Subdivision into the City Street Inventory:  Taylor Leigh Ct., South Mountain Brooke Dr. and South Mountain Brooke Way located in Phase 1 of the Mountain Brooke North Subdivision.  Council Member Stoner seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

c)        Consider Purchase of Public Works Vehicle.  Purchase price not to exceed             $8,000.00.
City Administrator Wilmarth asked Council to consider approval to purchase a fourth vehicle for the Public Works Department at a cost not to exceed $8,000.00.

Council Member Holcomb moved to approve the request to purchase a fourth vehicle for the Public Works Department at a cost not to exceed $8,000.00.  Council Member Byrd seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

d)        1st Reading of proposed change in the City of Ball Ground Comprehensive             Development Code Division 104.12 Traditional Neighborhood Design             Overlay District (TND)

City Administrator Wilmarth presented the proposed changes.

Council Member Prettyman moved to accept the second reading of the proposed changes.  Council Member Holcomb seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

e)        1st Reading of Annexation Petition No. 2007-A05 Forestar (ga) Real Estate     Group, LLC, Applicant.  Request annexation of 505.83 acres.   This property is     contiguous on the north east boundary of the existing city limits and further     described as Cherokee County Tax Map No. 04N04, Parcel 105.

City Administrator Wilmarth presented the annexation petition.  He stated the property is located at the end of Roberts Lake Road and is also known as the “Temple Inland” property.  The current zoning is AG with no intent to petition for a change in zoning at this time.   At the present time The Forestar Real Estate Group had not expressed a desire to develop the property stated City Adm. Wilmarth.

Council Member Holcomb moved to accept Annexation Petition No. 2007-A05.  Council Member Byrd seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

f)        1st Reading of Annexation Petition No. 2007-A04 Cherry Grove Properties,     LLC a.k.a. Dale Turner, Applicant.  Request annexation of 1,012.5 acres.  This     property is located on the north east boundary of the existing city limits and     further described as Cherokee County Tax Map No. 0405, Parcel 033 B.

City Administrator Wilmarth presented this petition and stated the property is contiguous to the Forestar Real Estate Group, LLC.  The current zoning is AG with no intent to petition for a change in zoning at this time.  Like the Forestar Real Estate Group, applicant Cherry Grove Properties, LLC has no immediate plans to develop this property

Council Member Stoner moved to accept Annexation Petition No. 2007-A04.  Council Member Prettyman seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

c)    Consider Funding Allocation for Flatbottom Road Project
Mayor Roberts directed City Adm. Wilmarth to report on the status of this project.  City Adm. Wilmarth stated legal issues and the lack of right of way owned by Cherokee County on Holcomb Road has destroyed the possibility of the construction of this water line.  The water line could still be extended via Northridge and Denny Hill Road water line.  However this would cost an additional estimated $48,000.00.  Mr. Dale Turner the developer of Jones Farm is requesting the City share fifty percent of this cost.  The original agreement stated the City would incur fifty percent of the cost.  The additional $25,000.00 expense would bring the City’s total contribution to the project to $203,064.50.

Mayor Roberts stated the extension of this water line would be of great value to the city in the future.  The City would also be able to recoup it cost as property in this area developed.

Following Council discussion a motion was put forth by Council Member Holcomb to increase the City’s original contribution an additional $25,000.00.  Council Member Byrd seconded the motion.
Vote  4 Yeas  0 Nays  1 Absent

Item 9:        City Manager Comments

Finance Director Randy Westbrook presented a report of account balances,             statement of revenue and expenditures for period ended June 30, 2007 for             Mayor and Council review.   The report reflected a total of $1,097,051.33 for all             account balances.

Water and Sewage Department
For period ended June 30, 2007 The Water Department produced 4.28 million gallons of water and purchased an additional 1.780 million gallons of water.  The department reported an 11% loss for the period ended June 30, 2007.

City Manager Wilmarth stated the city will be forced by the EPD to map the water and sewage system by a GPS Mapping System.   The city has a choice to purchase the equipment and do the mapping ourselves or hire an outside source to do the job.  To date one proposal has been submitted to provide the service at a cost of approximately $3.00 per structure.  City Adm. Wilmarth stated he would update Mayor and Council as information becomes available.

Roads and Streets Department
Permanent improvements to Beck Street are pending until the construction of the new City Hall and other construction in the area are near completion.

Public Works personnel David Dean and Joey Ingram are scheduled to attend a Georgia Department Transportation Traffic Flagging Course.  Upon completion of this training the workers will be able to properly detour/direct traffic in accordance with state guidelines.

Parks and Recreation
A request to replace the worn equipment at the basketball and tennis courts has been sent to Cherokee Co. Parks and Recreation Department.  Also plans to complete the remodeling work at the Community Center will be forthcoming.

Mr. Scott Reddy, a resident of the Preserve at Long Swamp has selected to renovate the Downtown City Park as part of a requirement to obtain his Eagle Scout status.

Administration
City Adm. Wilmarth stated the first of several preliminary 2007 Tax Digest Consolidation Report had been received.   According to the report the digest increased a total of $14,050,240.00.  Of this amount $3,256,818 was due to inflation and the remaining $10,793,422.00 was real growth.

City Administrator Wilmarth reminded Mayor and Council Members of the special called work session to be held Friday, July 27, 2007.   The purpose of this meeting is to meet Lew Oliver and his planning team.

Public Safety
Chief Davis presented Mayor and Council with a written report of the department’s activity for the period ended June 30, 2007.

The Police Department is working in conjunction with Cherokee Animal Control to resolve complaints of a vicious dog.  It was reported that the dog has bitten two children in addition to biting Officer Reeves.   Officer Reeve was not seriously injured but did require minor treatment.

Item 10:    Mayor and Council Comments
Mayor Roberts reported on a Regional Review Notification sent from the Atlanta Regional Commission.  The report describes the proposed Etowah River Tract, also known as Newland Communities.  The proposed development consists of 1,800 single family dwelling units and 110,500 square feet of commercial space built on 1,363 acres.  The development proposes an amenity area and a river park connecting to an adjacent county park.

Mayor Roberts stated although the development is located outside our city limits it will have great impact on traffic coming through the City.  Mayor Roberts therefore introduced Resolution No. R07-03 for Council consideration.  The resolution is as follows:

A RESOLUTION NO. R07-03

ACKNOWLEDGING THE INTEREST OF THE CITY OF BALL GROUND IN THE POSSIBLE TRAFFIC IMPACT OF THE
ETOWAH RIVER TRACT (NEWLAND COMMUNITIES) DEVELOPMENT

WHEREAS, the City of Ball Ground “the City” is in receipt of the Regional Review Notification pertaining to the Newland Communities’ proposed Etowah River Tract , “the Development,” near the City; and

WHEREAS, the Ball Ground City Council met on July 12th, 2007 and considered some possible impacts of this development on the City, particularly in regard to traffic flow; and

WHEREAS, the closest and most direct route from this proposed Development to the Interstate 575 is through the City of Ball Ground via State Route 372; and

WHEREAS, the project estimate calls for 18,684 new vehicle trips per day, many of which will be the through the City; and

WHEREAS, the current design and condition of State Route 372 in and near the City may not support this expected additional traffic without safety and other negative consequences; and

WHEREAS, a Hwy 372 By-Pass, currently planned around the downtown area of Ball Ground and is identified as project number CH-180 in the 2030 RTP, would facilitate and improve access to Interstate 575 from the Development as well as from the surrounding areas of northeast Cherokee County.

THEREFORE, be it resolved by the Mayor and Council of the City of Ball Ground that the City hereby requests that funds be sought from either the development group or from the Georgia Department of Transportation, or a combination thereof to accelerate the construction of the Proposed By Pass in the current Transportation Improvement Plan. And,

BE IT FURTHER RESOLVED, that the City of Ball Ground also calls on Cherokee County to join in its request for both developer and state D.O.T. financial support for the proposed Ball Ground By-Pass in conjunction with the approval and construction of the aforementioned Development.

Council Member Prettyman put forth a motion to adopt Resolution No R02-03.  Council Member Stoner seconded the motion.  Vote  4 yeas  0 Nays  1 Absent

Council Member Prettyman expressed his desire to pass The Secret Chambers entertainment ordinance before problems arise.

Mayor Roberts suggested Council discuss this matter at a future work session.

Item 11:    Executive Session
Council Member Holcomb moved to adjourn the regular meeting and to coven into executive session for the purpose of discussing Land Acquisition No. 2007-06.  Council Member Stoner seconded the motion.  Vote  4 Yeas  0 Nays  1 Absent

Following Council discussion of Land Acquisition No. 2007-06 a motion was made by Council Member Stoner, seconded by Council Member Byrd to adjourn the executive session and to reconvene the regular council meeting.  Vote  4 Yeas  0 Nays  1 Absent

Item 12:    Adjourn
There being no further business for council consideration a motion was duly made by Council Member Stoner, seconded by Council Member Byrd to adjourn the regular meeting of Council.  Vote  4 Yeas  0 Nays  1 Absent

The Minutes of this July 12, 2007 Meeting of Council approved this 9th Day of August, 2007.

__________________________            ___________________________
Mayor A. R. Roberts, III                Council Member Homiller

__________________________            ___________________________
Council Member Byrd                    Council Member Holcomb

__________________________            ___________________________
Council Member Prettyman                Council Member Stoner

Attest __________________________
City Clerk Karen L. Jordan

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