MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, August 5, 2024 5:00 P.M.  1. CALL TO ORDER: Mayor Walden called the meeting to order at 5:01 pm.  2. ROLL CALL: Present were Councimember William Ilg, Councimember Sandy Sawyer, Councimember Mark French, Councimember Caleb Phillips, City Attorney Kevin Tallant, City Manager Bob Bolz, City Clerk Beverly Banister, Public Works Director Trampas Hansard, Finance 3. INVOCATION. AND PLEDGE: Invocation and pledge were led by Councilmember Illg. 4. ANNOUNCEMENTS: Family Connection will be hosting the Family Fair event at Main Street Park on August 16, 2024 at 6:00 pm. The Class of 2025 Leadership Dawson starts this week and both Councilmember Sawyer and Downtown Director Amanda Edmondson will be participating. Food Truck Friday last week was a great event along with Public Safety Night. Outback Steakhouse is 5. APPROVAL OF THE AGENDA: Motion to approve the agenda as presented madel by' W. Illg; second 7. CONSENT AGENDA: Motion to approve the consent agenda for the following items (a-b) made by  Director Robin Gazaway and Planning Director Ron Haynie.  donating a portion oft their proceeds today to the United Way. by M. French. Vote carried unanimously ini favor.  6. PUBLIC INPUT: None  S. Sawyer; second by C. Phillips. Vote carried unanimously int favor.  a. Approve Minutes  Regular Meeting and' Work Session held July 15, 2024 Executive Session held July 15, 2024  b. Approve Equipment Lease Agreement for New Postage System  JUSINESS  8. ORDINANCE NO. 02-2024: AN ORDINANCE TO AMEND SECTION 2-110TOI PROVIDE FORNEW RATES FOR WATER AND SEWER SERVICE; AND FOR OTHER PURPOSES. FIRST READING: JULY 15, 2024; SECOND READING AND CONSIDERATION TO ADOPT: AUGUST 5, 2024. Finance Director Robin Gazaway read the second reading of the proposed ordinance. Motion to approve Ordinance No. 02-2024 as presented made by C. Phillips; second by M. French. 9. ZAC2400125: Davis Engineering & Surveying has petitioned a: zoning amendment for TMPI D03014 and 092B 011; located at 401 HWY 9 North from HB (Highway Business) and LI (Light Industrial) to R-6 (Multiple-Family Residential). Public Hearing Dates: Planning Commission on Monday, June 10, 2024, and City Council Monday, June 17, 2024. City Council for a decision on Monday, July 15, Motion made by' W. Illg to deny ZA C2400125; second by M. French. Councimember Illg stated his reasons for denying the request to rezone to R6 is that this area is identified as the gateway corridor in the City's Comprehensive Plan which should transition from high density in the Cityt tol lower density into the rural portions oft the County. He also believes the property's best use is as iti is alreadyz zoned; highway business and light industrial. Vote did not carry with three opposed (French, Phillips, Councimember French explained his concerns regarding parking within the development in which cars could end up parking on the street and in turn could cause EMS vehicles not to be able to pass on the road. His request to the engineer, Rachel Burton, was to reduce the number of units to 23in order to create an overflow parking area. Ms. Burton stated they could likely utilize some of the greenspace available sO as not to lose units. Councilmember Sawyer stated she also has concerns  Vote carried unanimously in favor. (Exhibit "A")  2024. Decision tabled to August 5, 2024 Planning Director Ron Haynie read the request.  Sawyer) and one in favor (Illg).  regarding safety and would like to see the availability of additional parking.  Page 1 of3    MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, August 5, 2024 5:00 P.M.  Motion made by C. Phillips to approve ZA C2400125 with the following conditions:  Install privacy fence along the property lines of lots 1-25 Install a planted buffer along Northwest LL 441  Install privacy fence and a planted buffer along the adjacent property of TMP D03015 Install brick and/or rock water table façade on the front oft thei townhomes Entrance monument shall be the same brick and/or rock material Townhomes shall be a minimum of 1,600 square feet heated floor space three parking spaces available for each unit in the development  Development plans submitted shall include parking through a combination of overflow parking lots or spaces, driveway length, garage spaces, or a reduction in units such that there are Second by M. French. Vote carried three in favor (Phillips, French, Sawyer) and one opposed (Illg). 10. BURT CREEK ROAD PAVING PROJECT UPDATE: Public Works Director Hansard stated pieces oft the road were cored last week and thin spots were found which could indicate a need for a change order but is uncertain at this time of how much it would be. Councilmember Phillips asked if the Council could be made aware of the amount and then have the change order ratified at the next meeting to avoid any delays in paving; Attorney Tallant stated it could be handled that way. 11. THUNDER RIDGE SUBDIVISION: Attorney Tallant explained the first developer did not complete the amenities package in the subdivision causing the residents to complain. He stated he has been working with the new developer's attorney to make it sO the future building phases would provide a guarantee to have the amenities completed. This is being done through an agreement in which hei is asking approval for from the Council and provided details contained within the agreement. Motion made to approve the Agreement Related to the Thunder Ridge Development made by W. Illg; Councimember Illg reported the Dawson Football season has started. Mayor Walden reported he was proud to represent the City at the 2024 Georgia Racing Hall of Fame Inductee banquet and he further encouraged everyone to check out the new improvements at the museum. Councimember French shared that citizens of Dawson County could tour the museum for free. Councilmember Illg and Sawyer inquired about the Station House and Grandaddy Mimms opening; City Manager Bolz reported the Station House should open on August 10th and Grandaddy Mimms is getting close but At 5:24 p.m. a motion to adjourn the meeting was made by S. Sawyer; second by C. Phillips. Vote  second by M. French. Vote carried unanimously in favor. (Exhibit "B")  MAYOR AND COUNCIL REPORTS:  does not have an opening date yet. carried unanimously in favor.  ADJOURNMENT  Approved this 19th day of August 2024 By: CITY OF DAWSONVILLE RLGIen John Walden, Mayor  L  - FE Caleb Phillips, Councilmember Post 1  Page 2 of3    MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, August 5, 2024 5:00 P.M.  ORCRENL William Illg,  Çounciimember Post'3  EE  French,Councimember.  Sw  Mark  Post4 4  Attest:  Bevérly ABanister, City Slerk) Pahag  Page 3 of3    Subject Matter: Water/Sewer Rates Date ofFirst Reading: July 15, 2024 Date of Second Reading: August 5, 2024 Date of Adoption: August5, 2024 Effective Date: S4ptL,2024  ORDINANCE, NO. 02-2024  AN ORDINANCETO. AMEND SECTION 2-110TO1 PROVIDE, FORI NEW RATES FOR WATER AND SEWER SERVICE; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and City Council desire to amend the fee schedule associated with WHEREAS, the Mayor and City Council desire to adopt such fee schedule amendment. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DAWSONVILLE  water and sewer service; and  HEREBY ORDAINS. AS FOLLOWS:  SECTION1.  Section 2-110 of Chapter 2, Article IV oft the Code oft the City of Dawsonville, Georgia, is hereby amended by repealing existing subsection 2-110(7)(a) and replacing it in its  entirety with a new subsection 2-110(7)(a) as follows: (7) WATER/SEWER (CHAPTER: 14):  a. Water/sewer fees. *+" indicates that the cost is the amount listed plus the actual costofmaterialand labor expended by the  city, ifinstalled by thec city.  14-22(a). Residential water service rates, within corporate limits:  0-1,500 gallons, minimum (base charge) 1,501-5 5,000, per 1,000 gallons 5,001-10,000, per 1,000 gallons >10,000, per: 1,000 gallons  $23.79 $5.67 $5.97 $6.23  14-22(a). commerca/mdustra. water service rates, within corporate limits:  0-1,500 gallon users, minimum (base charge) 1,501 - 5,000, per 1,000 gallons 5,001 -1 10,000, per1,000 gallons  $35.12 $7.93 $8.50  Page 1of5  Exhibit "A"    >10,000, per1,000 gallons  $9.06  14-22(a). Residential water service rates, outside corporate. limits  0-1,500 gallons, minimum (base charge) 1,501 - 5,000, per: 1,000 gallons 5,001 - 10,000, per 1,000 gallons >10,000, per: 1,000 gallons  $35.12 $7.93 $8.50 $9.06  14-22(a). Commerca/mdustrial water service rates, outside corporate limits:  0-1,500 gallon users, minimum (base charge) 1,501-5 5,000, per1,000 gallons 5,001-1 10,000, per 1,000 gallons >10,000, per 1,000 gallons  $47.59 $7.93 $8.50 $9.06  14-22(b). Residential sewer service rates, within corporate limits:  0-1,500 gallons, minimum (base charge) 1,501-5 5,000, per1,000 gallons 5,001 - 10,000, per: 1,000 gallons >10,000, per: 1,000 gallons  $34.66 $9.71 $11.09 $12.48  14-22(b). Commercia/mdustrial sewer service rates, within corporate limits:  0-1,500 gallon users, minimum (base charge) 1,501 - 5,000, per 1,000 gallons 5,001 - 10,000, per: 1,000 gallons >10,000, per1,000 gallons  $83.16 $11.78 $13.16 $14.56  14-22(b). Residential: sewer service rates, outside corporate limits:  0-1,500 gallons, minimum (base charge) 1,501-5 5,000, per 1,000 gallons  $51.97 $11.78  Page 2 of5  Exhibit"A"    5,001-1 10,000, per 1,000 gallons >10,000, per: 1,000 gallons  $13.16 $14-56  14-22(b). Commercia/mdustrial sewer servicer rates, outside corporate limits:  0-1,500 gallon users, minimum (base charge) 1,501-5 5,000, per1 1,000 gallons 5,001 -10,000, per1,000 gallons >10,000, per 1,000 gallons  $103.96 $13.86 $15.25 $16.63  14-22(c). Bulk water purchase from city water plant by truck or portable device  Per every 1,000 gallons, or any portion thereof  $11.00  14-23(a). Water service connection fees (times the number of connections desired):  34 inch (rrigationonly)  $1,000.00 $4,400.00 $2,000,00 $6,050.00 $9,350.00+ $14,300.00+ $28,050.00+ $44,550.00+ $66,550.00+ $99,550.00 $4,000.00  34 inch, (only be available for residential purposes  appropriate tot the anticipated usage) 1inch (irrigation only) 1inch 142 inches 21 inches 3inches 4i inches 6inches 8inches  2't through 8' (fire line only to be used in the event of a firefighting/fire suppression; unauthorized use requires  payment of standard connection fee)  14-23(b). Sewer service connection fees (times the number ofc connections desired):  Page 3 of5  Exhibit' "A"    34 inch, (only be available for residential purposes  $5,775.00 $7,975.00 $11,000.00 $19,800.00 $33,550.00 $55,550.00 $83,050.00 $116,050.00 $100.00 $150.00 $150.00  appropriate tot the anticipated usage)  1inch 142 inches 2inches 3inches 4inches 6inches 8inches  14-23(c). Reconnection Fee, per occurrence owning/renting the property tol be: serviced  14-23.1(a). Residential security deposit for applicant 14-23.1(b). Commercial security deposit for applicant witha a meter size 34" and 1"n meter (amount doubles if business has 14-23.1(b). Commercial security deposit for applicant with a meter size: A',2"and3'meter: (amount doublesi ifbusiness 14.23.1(b). Commercial security deposit for applicant with a meter size 4" and above (amount doubles if business has 10  10 or more employees)  $300.00  has 10 or more employees)  $500.00 $15.00 $10.00 violation.  or more employees)  4.23.10).Administrativestart-up fee garbage bill within 20 days ofl bill date  14-24(a)(I).. Latei feef for non-paymentofwater, sewer, and/or  Theft of at/service/mautionae use of water or water Upt to $1000.00 per  infrastructure.  SECTION2 2,  Ifany section, provision or clause of any part oft this Ordinance shall be declared invalid or unconstitutional, or ifi the provisions of any part of this Ordinance as applied to any  Page4of5  Exhibit' "A"    particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall: not be construed to affect thej portions ofthis Ordinance not: SO held to beinvalid, ortheapplication ofthis Ordinance to othercireumstances: not sol held tol be invalid. Iti is hereby declared as the intent that this Ordinance would have been adopted  had such invalid portion not been included herein.  SECTION3.  All Ordinances or parts of ordinances in conflict with this ordinance are. hereby repealed.  SECTION. 4 4.  This ordinance shall become effective on September 1, 2024 , the public good SO ADOPTED AND ORDAINED by the City Council of Dawsonville, Georgia, this  demanding the same.  5 day of Auopust  2024.  MAYORANDDAWSONVILLECTIY AAE A  COUNCIL  By:  Mayor  Caleb Phillips, Council Member Post1 Oda d William Ilg, Coumcl.MembgrPost2  Member Post3  Mark French,Council Member Post 4  ATTESTED TOBY:  f  bou Ster  Jeverly A. Banister, City Clerk  Page e50f5  Exhibit"A"    Agreement Related toi the Thunder Ridge Development  This Memorandum of Understanding and Agreement ("MOU") Is enteredi intol between Garden Street Communities Southeast, LLC, ("Garden Street") and LCG Residential, LLC ("LCG"), and the City of Dawsonville, Georgia, a Georgia Municipal Corporation ("City") on this. dayof. WHEREAS there exists in the City a development commonly known as Thunder Ridge ("TR") WHEREAS, an amenities package wast to be completed as partof Phaselofl TR, said amenities being WHEREAS, the amenities for Phaselof1 TR, which amenities weret to bet for the use and enjoyment of multiple phases oft the development, were not completed by LCG, who was the initial developer of WHEREAS, multiple years have passed since the initial development of Phase I of TR, and certain infrastructure has aged and may bet further degraded byt future development of remaining phases of WHEREAS Garden Street desires to assume ownership of and construction of the remaining phases WHEREAS, the City understands and acknowledges that Garden Street neither caused (nor is responsible) for LCG's failure to comply with the current conditions at TR, and that LCG remains responsible for any deterioration and outstanding commitments (including those commitments WHEREAS, Garden Street understands and acknowledges the need to complete the amenities for AND WHEREAS, the City and Garden Street have come to an agreement on the timing of the development of the amenities for TRand ther repair toi the roads withint the TR development; NOWTHEREFORE, this MOU shall establish1 the conditions andi timelines for the approvals, Section 1. Thet foregoing recitals arei incorporated asi iffully restated herein.  2024.  consisting of multiple phases of development;  further described herein;  TR; TR;  oft the TR development;  secured by bonds) within TR, except as otherwise detailed within this MOU; the TR development as well as address the repair and topcoat of Phaselroads;  construction and completion of TR. Section2. Defined terms:  a. Full amenity package shall mean the full amenity package previously and currently defined as including community pool, community clubhouse, mail kiosk, related parking, playpoumalingalswm". exercise stations as depicted ont then materials b. Phase I/Phase l amenities shall mean the pool, clubhouse, mail kiosk, area lighting and parkingt facility paved, and shall alll bet that portion of the "full amenity package" required tol be completed concurrently witht the construction of residential homes in  attached hereto as ExhibitA.  Phasel II.  Exhibit "B"    Section 3. Terms of this MOU:  a. Uponthee effective date oft thisl MOU after approval has been givenk byk bothp parties, the Cityshall approve thet final plat of Phase I. Moreover, upon proper application tot the City, buildingpermits: fort the consructonofangefanmlyresidentatuns: shalli issue for the lots (18 total lots) in Phase II of the TR development. In the course of levelopingPhasellortneTRdyelopment, certifioatesofoccupancyrco7shaltr not be denied sO long as all requirements for the issuance of CO's are met per City ordinances. Moreover, provided compliance with all relevant rules, ordinances and requirements, the City shall not delay approval and permitting of Phases Il andl MVof TR, ina a manner: substantially consistent with Garden Street's proposed plans. b. Thel Phase I/Phase He amenities showni int the designattached hereto as ExhibitAs shall be permitted and construction begun during construction of the 18 homes in Phase I.No portion of any residential construction of a home, whether vertical, foundational or otherwise, shall be permitted in Phase III or any other subsequent phase of the TR development until the Phase I/Phase Il amenity area is completed. Notwithstanding, "land development" (including, but not limited to: () the submission and approval of construction plans and permits necessary for the development of Phase II and IV into a residential development consisting of a minimum of 170 Lots, AND (I) horizontal construction -but not single-family residential building construction- in Phase II may move forward while the Phase Street widths for Phases II and IV: shall meet the requirements of City Code Section 109-30, Subpart B1 fort the! 50' ROW and 30' back of curb to back of curb requirement (this requirement shall not apply to the construction of any secondary emergency d. Thet final lift of asphalt top coatt for Thunder Valleywithin Phase 1 (and accompanying repairs) shall be undertaken and completed at the conclusion of horizontal construction of Phase 3 or 4 (whichever shall occur later). Otherwise, the final lift of asphalt top coat (and accompanying repairs) for secondary roads in Phaselshall be undertaken at such time as the paving is undertaken for the parking area associated e. Existing natural vegetation shall be deemed to satisfy any buffer requirements for f. The City shall not require additional traffic studies or offsite traffic improvements for the approval, construction, orfinal plat of Phases I, IllO orl IV exceptfort the completion of an emergency: access from' TRt to JC Burt Rd, across land owned by the City, which the parties agree shall be undertaken at a mutually agreeable time, either as a component of the construction of Phase II or Phase IV ("Secondary Emergency Access"). It is further acknowledged that GDOT approval for access to TR from Highway 9 [previously provided] together with construction of the "Secondary Emergency Access" required by the Fire Marshal are the only offsite conditions required fort thei issuance of all permits and approvals for ther remainingphases: ofTR.  I/Phase lamenities are constructed.  access).  witht the Phase I/ Phase Il amenity, Phases II, III&IV;  Exhibit' "B"    Moreover, the City acknowledges that ()i it shall provide an access and construction easement neçessary for the construction of the Secondary Emergency Access to Garden Street and (i) upon completion and dedication of the Secondary Emergency Access, it agrees to accept same for perpetual operation and maintenance after compliance with allr requirements of the City's infrastructure dedication ordinance. Except as otherwise identified herein, LCGn remains responsiblet fort the construction, maintenance and repair of any infrastructure secured by bonds from LCG. In the event that said construction, maintenance or repairs secured by the bonds are not completed in accordance with the terms of the bonds, the City shall undertake the necessary measures to enforce and recover from LCG and/or the surety pursuantto h. Tnerulemenltypachase. as defined above shall be completed priortot the completion ofPhases! WamdormefRomabpment Garden: Street shall! keept the Cityinformed of all plans fort the completion of the full amenity package, and shall provide the City as schedule for completion of the full amenity package, no later than the start of vertical residential construction in Phases III and IV of the TR development. The schedule shall include milestones based on the percentage of homes for which certificates of occupancy have been issued (i.e. milestones at 25%, 50% and 75% of the certificates of occupancy) for Phases II and IV combined. The schedule for completion shall require completion of the full amenity package not later than the issuance of 85% of the certificates of occupancy for Phases III and IV, and if the amenity package is not complete by that milestone, the City shall be entitled to withhold certificates of occupancy until the amenity construction is complete.  thet terms oft the bonds.  Section 4. This MOUshalli bel binding ont the parties, their heirs, successors, administrators, and assigns. By affixing their respective signatures hereto, the individuals executing this MOU confirm they have all the right, title, power and authority' to enter into this MOU for the party Section 5. Ifany portion oft this MOU is declared to bei invalid and unenforceable by any court of competentunisdiction, the parties agree thati iti ist their intent that the partdeclared: soi invalid and unenforceable shall be excised and the remainder of the MOU enforced; it being their intention to have so much as possible of this MOU be enforced and enforceable. Section 6. Int the event of al breach oft this MOU, the non-breaching party may bring an action1 for specificp performance of this MOU,itbeing thei intent and understanding of the parties hereto that damages are and will be an inadequate remedyf fort thel harm: sufferedi ift there is al breach by either party. The prevailing partyi in any litigation arising out of this MOU shall be entitled toi itsi reasonable attorney's1 fees, expenses, and costs of litigation. Any action to enforcet this MOU shall be brought only in the Superior Court of Dawson County, State of Georgia. This Section 6s shall not limit or denyt the Cityt the right to enforce andi recover from LCG and/ort the  forwhomt they sign.  surety under the terms oft thel bonds.  Exhibit' "B"    Section 7. Nothing contained herein is meant to abrogate or excuse any compliance with the remaining building and performance: standards contained int the Code of the City. Section 8. Any notices related to any breach, claim, or any other matter concerning this MOU shall be sent Via Certified Mail, Statutory Overnight Delivery, or other verifiable means of  delivery ast follows: IFTOCITY: City of Dawsonville Georgia 415 Hwy 531 East Dawsonville, Georgia 30534  IFTOLCG: LCG Residential, LLC Cumming, GA: 30028  IFTOGARDENSTREET: Garden Street Communities 100W. Garden Street, 2nd Floor Pensacola, Florida 32502  4625 Church Rd., Ste. 100 Southeast, LLC  Section 9. This MOU contains the entire agreement between the parties as to the issues discussed herein. Any oral or other understandings not incorporated int this MOU are not a  part hereof, and shall not be enforceable against either party.  Executed this day and year set forth above.  City of Dawsonville, Georgia pAe  Garden Street Communities Southeast, LLC  Mayor  By:.  yw PAMSD Seal  Seal  LCG Residential, LLC  Ar012  By:. Seal  Exhibit' "B"