June 12, 2008

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

Minutes
June 12, 2008

Item 1:  Meeting Called to Order by Mayor Rick Roberts

Council Members Present:  John Byrd, Frank Homiller, Lee Prettyman &
Andrenia Stoner

Council Members Absent:  Ashley Holcomb

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

Item 2:  Pledge of Allegiance led by Council Member Lee Prettyman

Item 3:  Public Comments – Appearances
Bryan Phillips owner of property located at the corner of 351 Old Canton Road and Tatum     Circle asked Council to consider designating Tatum Circle a one way street.

City Manager Eric Wilmarth stated he had received a request in writing submitted by Mr.     Phillips prior to the meeting.

Mayor Roberts asked Mr. Phillips to submit a petition with the signatures of the remaining     property owners located on Tatum Circle requesting the street be designated as one way and     Council would give consideration to the request at the June Council Meeting.

Item 4: Announcements/Informational Items – City Adm. Wilmarth made the following         announcements:
GMA Annual Convention will be held in Savannah June 21 thru 23, 2008
City Hall will be closed on Friday, July 4th in observance of Independence Day
The Dedication of City Hall will be held September 27, 2008
National Night will be held October 7, 2008

City Adm. Wilmarth announced that The Department of Transportation has sent a letter of     “Notice to Proceed” for the Streetscape Project.  Therefore, notice of our acceptance of bids     for construction of the project has been sent to the Cherokee Tribune for advertisement.       Bids will be accepted thru 12:00 PM on Monday, July 21, 2008 with the bid opening taking     place at City Hall beginning at 12:01 PM.  The project will take approximately nine months to     complete stated City Adm. Wilmarth.

Valley St. Project construction is on schedule and staying within budget stated City Adm.     Wilmarth.  The cost to remove poor soil and replace with acceptable construction material     was $46,000.00.

City Adm. Wilmarth stated that at the May Council Meeting he announced that funds from the     sale of the Depot Street property would be used to reimburse the water fund for a portion of     the cost to install the generator at the “Well House”.  Due to a slight increase in revenue for     the month of May in the water department this will not be necessary.

Item 5:  Approve Minutes
a)  Consider Approval of Minutes of May 8, 2008 Regular Meeting
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to     approve the minutes of the May 8, 2008 regular meeting of Council as submitted in     writing by the City Clerk.   Motion Approved 4 Yeas 0 Nays 1 Absent

b)  Consider Approval of Minutes of May 22, 2008 Work Session
Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to     approve the minutes of the May 22, 2008 work session of Council as submitted in writing by     the City Clerk.  Motion Approved 4 Yeas  0 Nay  1 Absent

Item 6:  Old Business
a)    Consider 2nd Reading Annexation Petition 2007-A06 Milton Blankinship, Applicant
The property consists of 15 acres & is located on Northridge Rd in Ball Ground, Georgia 30107. The property is described as all that tract or parcel of land lying and being Land Lot 210 of the 3rd District, 2nd Section Cherokee County, Georgia and further described as Cherokee County Tax Map 03N01, Parcel 081A. The property is presently zoned Light Industrial (LI) /Grandfathered Heavy Industrial.  No change in zoning is requested at this time.

Mayor Roberts presented the application for council consideration.

Council Member Stoner put forth a motion, Seconded by Council Member Prettyman to table     this item of business for 30 days.  Following Council discussion, Mayor Roberts called for the     vote.  The motion was defeated 1 Yea 3 Nays 1 Absent.

Further discussion was ensued by Mayor Roberts and Council Members.  Following the     discussion a motion was put forth by Council Member Homiller, Seconded by Council     Member Byrd to deny Mr. Blankenship’s Annexation Petition No. 2007-A006.
The motion passed 3 Yeas 1 Nay 1 Absent.

Item 7:  New Business
a)  Consider 1st Reading Annexation Petition 2008-A003 COMA Properties, Applicant
The applicant request annexation of 55.73 acres. The property is described as all that tract or     parcel of land lying and being in Land Lot 130, 3rd District, 2nd Section of     Cherokee County,     Georgia, and being more particularly described in Cherokee County Tax     Map. No. 03N07,     Parcel No.064. 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 Prettyman to     approve Annexation Petition No. 2008-A003.  The motion passed 4 Yeas 0 Nays 1 Absent

b) Consider 1st Reading Annexation Petition 2008-A004 – Randall Ingram,     Applicant. The applicant request annexation of 2.17 Acres. The property is described as all     that tract or parcel of land lying and being in Land Lot 309 of the 4th District. 2nd Section of     Cherokee County, Georgia and being more particular described in Cherokee County Tax     Map No. 04N04B, Parcel 011B. No change in zoning is requested at this time.

Mayor Roberts presented the application for consideration.

Council Member Byrd put forth a motion, seconded by Council Member Stoner to approve     Annexation Petition No. 2008-A004.  The motion passed 4 Yeas 0 Nays 1 Absent.

c)    Consider 1st Reading of Proposed Animal Control Ordinance.
Mayor Roberts presented the proposed ordinance for Council consideration.

City Adm. Wilmarth stated the proposed ordinance would replace the existing ordinance with a stronger and enhanced set of regulations for enforcing animal control.

Council Member Prettyman put forth a motion, Second by Council Member Byrd to adopt Title 9, Chapter 3 of the Ball Ground Municipal Code (hereinafter sometimes referenced as the “Animal Control Ordinance”) and to strike the existing ordinance in its entirety.
Motion passed 3 Yeas 0 Nays 2 Absent.  (Council Member Prettyman briefly left the meeting.)

d)      Consider 1st Reading of Proposed Amendment to the City of Ball Ground     Comprehensive Code as it is related to permitted use within Light Industrial (LI)     Zoning. Future Automobile, Boat and Trailer Sales would require “Special Permitted Use by     City Council”.

Mayor Roberts presented the proposed amendment for Council consideration.

Council Member Homiller led the discussion on why he proposed the change.  Following the     discussion Council Member Homiller put forth a motion, seconded by Council Member Stoner     to strike the words “Automobile, Boat and Trailer Sales” as pertaining to Division 104.10 (B)     LI, Light Industrial, Permitted Uses of the Ball Ground Comprehensive Development Code     and add such wording to Division 104.10 (E) Special Uses Permitted by City Council.
The Motion Passed 4 Yeas 0 Nays 1 Absent.

Item 8: City Managers Report
Water and Sewer -City Adm. Wilmarth stated the City had received a response from the      Drought Response Modification Petition file in May 2008.  The Georgia Department of Natural     Resources approved a Level IVb for our service area.  The Level IVb will allow all outdoor     water uses on an odd/even basis, two days per week between midnight and 10:00 AM.  Odd     addresses may water on Tuesdays and Thursdays; even addresses on Monday and     Wednesdays.  The City may also allow odd addresses to water on Thursday and Sundays;     even addresses on Wednesdays and Saturdays.  Further stated in the notice we are to be     aware that the following water uses are still prohibited under Section 391-3-30-04 of the     Rules for Outdoor Water Use:

  • Using Hydrants for any purpose other than firefighting, public health, safety or flushing;
  • Washing hard surfaces, such as streets, gutters, sidewalks and driveways except when necessary for public health and safety.

The following outdoor water uses are still allowed and are unaffected by the Level IVb     drought response modification granted:

  • Outdoor water uses exempt from the Drought Response Level IV outdoor watering restrictions established pursuant to Section 391-3-30-.05 of the Rules for Outdoor Water Use;
  • Filling of swimming pools, without restrictions on day or time, as provided for in HB 1281 which was passed by the 2008 General Assembly and signed by Governor Perdue May 14, 2008

City Administrator announced that the City is now accepting cost proposals from companies     with a barber rig to over bore the test well located behind the community building.

Finance – A plan outlining changes effective July 1, 2008 to the employee’s retirement plan     was presented to council.  The new plan is as follows:

  • New hires are eligible for participation after one year of employment
  • Employees may enroll during the open enrollment period defined as January and February of each year with participation effective as of July 1 of same year.
  • Eligible Participants are entitled to the following match:

Employee Contribution            City Match
0%                0%
1%                1%
2%                2%
3%                3%
4%                3%
5%                4% (Maximum Match)

  • Effective the first pay period in July some employees currently enrolled in the plan will notice an adjustment to the “City” match contribution.

Bids will be solicited for the Group Health Insurance Plan which renews on November 1,     2008.

Staff has received a report of the preliminary property tax digest figures.  Staff will continue to     receive     updates until the filed appeals have been acted on.  Based on the figures received     to date a millage rate of 5.14 is possible.

Roads and Streets – City Administrator Wilmarth extended a special thanks to George     Westbrook for his volunteer work to the department.

Staff received a letter from Amanda Popham of 199 Cherokee Village Dr. requesting speed     humps be installed along Cherokee Village Dr. in hopes of reducing the speeding of motorist.

A request to annex right of way beginning at the intersection of Ball Ground Highway and     Howell Bridge Road extending south to the Ball Ground Industrial Park has been denied by     the Cherokee County Board of Commissioners.

Negotiations are ongoing between members of the Downtown Development Association,     Staff and the Roads and Streets Committee to lease property for off street parking in the     downtown area.

Planning and Development – Michael Chapman, Staff Planner; is currently researching     grants to fund a trail system within the City.

Council Member Byrd commended City Administrator Wilmarth for his dedication and hard     work toward the progress in obtaining the “notice to proceed” from the Georgia DOT.

Parks and Recreation – City Adm. Wilmarth commended the Heritage Days Festival     Committee for their work in coordinating a successful festival weekend.

City Adm. Wilmarth reported on a meeting he and Mayor Roberts attended concerning     recreation within the county.  The Board of Commissioners had reviewed reports which     showed there were still funds to be spent on recreation improvements in Ball Ground.  Plans     to build a new concession stand at the girl’s softball field financed by these funds will be     finalized soon.

Public Safety – In a written report for the month ended May 30, 2008 submitted by Chief     Davis, the report showed an increase of the number of service calls over the previous month.

Bell Project – As of today we have received $8,000 in donations toward the purchase of     the     commemorative bell. The bell is being constructed and shipped from Holland. It is     expected to arrive at City Hall in approximately 4 weeks.

Item 9: Mayor Roberts & City Council Comments
Mayor Roberts reported on the Recreation Summit held by County Officials, which he and     City Administrative Wilmarth attended.  Mayor Roberts stated that the County Commission     is soliciting support for the passage of a bond referendum to fund recreation improvements     within Cherokee County.  Should the bond pass, Mayor Roberts stated he felt that Ball     Ground would get a state-of- the-art recreation facility located within the city limits.

Jenny Way, owner of Packrats Daughter encouraged everyone to shop local.  She stated     that in today’s economy that it is very hard for the small business person to survive.

Item 10: Executive Session – None

Item 11: There being no further business for Mayor and Council consideration a motion was duly     made and seconded to adjourn at 8:05 PM.

The Minutes of this June 12, 2008 Meeting of Council approved this 10th Day of July, 2008.

__________________________            ____________________________
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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