MINUTES  CITY COUNCIL REGULAR MEETING AND' WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, September 16, 2024  5:00 P.M.  1. CALL TO ORDER: Mayor Walden called the meeting to order at 5:00 pm.  2. ROLL CALL: Present were Councilmember William Illg, Councilmember 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, Utility Director Jacob Barr, Finance Director Robin Gazaway, Downtown Development Director Amanda 3. INVOCATION AND PLEDGE: Invocation and pledge were led by Councimember Sawyer. 4. ANNOUNCEMENTS: The Mayor reminded the public of a Special Called meeting to be held on September 30, 2024 at 5:00 pm and the October 7, 2024 Regular Meeting has been cancelled. 5. APPROVAL OF THE. AGENDA: Motion to amend the agenda to add item #18 Certificates of Deposit for the Cemetery Funds made by S. Sawyer; second by' W. Ilig. Vote carried unanimously in favor. Motion to approve the agenda as amended made by M. French; second by C. Phillips. Vote carried  Edmondson and Planning Director Ron Haynie.  unanimously in favor. 6. PUBLIC INPUT: None  7. CONSENT AGENDA: Motion to approve the consent agenda for thet following items (a and b) made  by C. Phillips; second by S. Sawyer. Vote carried unanimously in favor.  a. Approve Minutes  Regular Meeting and Work Session held August 19, 2024  b. Approve 2025 Solid Waste Collection Service Agreement with Red Oak Sanitation 8. EMPLOYEE RECOGNITION: City Manager Bolz introduced the Work Based Learning Intern from the High School, Mahayala DeLong-Jones. The Mayor and Council recognized Trampas Hansard as the August 2024 Employee of the Month and Jacob Barr received a thirteen-year service award. 9. ZSP C2400135: Christopher Sipos has petitioned to amend the existing site plan; located at 39 Creekstone Lane (TMP 083 020). Public Hearing Dates: Planning Commission on Monday, July 8, 2024, and City Council Monday, July 15, 2024 - Tabled to September 16, 2024. City Council for a Planning Director Haynie read the request and reported the Planning Commission approved the Motion to open the public hearing made by M. French; second by' W. Illg. Vote carried unanimously  PUBLIC HEARING  decision on Monday, September 30, 2024.  request with conditions as recommended by the Planning Department. infavor. Mayor Walden conducted the public hearing. The following person(s) spoke in favor oft the request:  Terrence Sicilia, 215 Red Hawk Drive, Dawsonville = He stated the commercial parcel was zoned for Commercial Highway Business as per the minutes of the June 7, 2004 City Council meeting which includes the uses contained within the Neighborhood Business designation and explained the parcel has already been approved for a 60,000 square foot commercial building and Mr. Cipos is requesting a reduction to 20,000 square feet. He has suggested a deed restriction or land covenants for the parcel to ensure that any restricted use cannot be developed in the future. He explained they only requested a site specific plan amendment, not a zoning change; they've operated in good faith and within the zoning guidelines previously approved Lorhetta Healy, 324 Flowing Trail, Dawsonville - Ms. Healy read al letter which included other documents outlining her opposition to the request. They included a public passive park contained within the original stipulations which has not been developed, access to the commercial parcel, the permitted uses contained within the zoning and  for the property.  The following person(s) spoke in opposition to the request:  Page 1 of5    MINUTES  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, September 16, 2024  5:00 P.M.  the request to restrict certain uses. She also read the City Council minutes from June  7, 2004 citing the original approval of the annexation and rezone.  The ten minute allowance for the opposing side of the public hearing expired. Motion by M. French to extend the public hearing for both sides by ten minutes; second by C. Phillips. Vote carried  unanimously in favor.  Ms. Healy continued in her opposition and referenced Moon Drive as an option to be explored for access and expressed a concern about no cutouts around the commercial Megan Morris, 75 Flowing Trail, DawsonVille - She expressed that the Council should enforce the original conditions of 2004 because "the property is no longer under unified ownership'. She further questioned whether the PUD zoning should still apply or if new conditions are necessary and stated the development has strayed from it's original purpose" and called for a thorough and transparent review oft the project. She quoted the City's current PUD guidelines and communicated how it differed from the current development. Lastly, she insisted on doing what is right fori the best interest of the community and safety and well-being of the children and stated the absurdity of Stephen Schultz, 46 Creekstone Lane, Dawsonville He stated his concerns about repeated inconsistencies heard from the builder and realtor questioning transparency and alleged misrepresentations. He questioned how the plans could move forward with the inconsistencies and careless planning of the developers and a disregard for Shelby Argento, 213 Timber Ridge, Dawsonville - She stated her concerns regarding traffic and safety for the residents and quoted a current PUD guideline which she said states that commercial traffic should not flow through residential areas.  property in any maps or plats.  the proposal.  the community.  The additional ten minute allowance for the opposing side of the public hearing expired. Motion by' W. Ilg to extend the public hearing for both sides by five minutes; second by M. French. Vote carried  unanimously ini favor.  Ms. Argento continued explaining the type of commercial properties that should and should- not be allowed. Lastly, she disagreed with the suggestion of moving the bus stop citing it is still a disregard for child safety when mixing commercial traffic with a residential area and requested a traffic study be performed to evaluate these issues. John May, 371 Flowing Trail, Dawsonville - He stated the community within Creekstone contributes more than $800,000 in City and County taxes and they total three to four hundred voters in the County. He stated Planning & Zoning made a mistake in 2004 by not anticipating the type of neighborhood Creekstone would become. He further stated commercial business' at the entry of a residential subdivision is unheard of and said he could not find examples of such in Dawson, Forsyth and Fulton County and feels it would bring down property values. Mr. May  implored the Council to deny the request.  Mayor Walden invited the applicant ini favor of the request to speak publicly.  Terrence Sicilia responded by showing a copy of the survey from 2019 which has been reviewed and approved by the City and recorded at the Courthouse which shows the curb cuts; he showed a plan obtained from the County which included the approved commercial outparcel for a 60,000 square foot building and stated Mr. Cipos is requesting only 20,000 square feet; he stated they've already agreed to "knock things out" from the permitted uses within the zoning that would not be appropriate for the subdivision; he mentioned the market crash which impacted the community and him not being the original developer and having no control over the stipulation regarding the park; he said GDOT turned down a deceleration lane and another exit only feet  Page 2 of5    MINUTES  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, September 16, 2024  5:00 P.M.  from the existing entrancelexit of Creekstone; he said he also cannot control the inconsistencies from the builders, he can only show what Mr. Cipos' intention is for the property; he reported on a conversation with transportation referencing the change of the school bus stop and he stated there will be no outside storage allowed or any  unregistered or inoperable vehicles outside either.  Motion to close the public hearing made by W. Illg; second by C. Phillips. Vote carried unanimously Councimember Phillips asked for confirmation from Attorney Tallant that when the motion was made in 2004 concerning the park, that no acreage was specified in the stipulation; Attorney Tallant stated that was correct. The motion was made for a passive park which did not include a number of acres that can be enforced. Itwas further stated iti is yet to be determined who would be responsible for the park. Councimember Phillips asked if the zoning can be changed; Attorney Tallant stated the zoning is not up for a decision because an application for rezoning does not exist. He further stated if the current request is denied, the property is still: zoned as commercial. However, according to the City's ordinance, the Council could limit the types of permitted uses when a site plan approval is under consideration. Councimember Phillips confirmed with Attorney Tallant that the Council could limit the permitted uses within the zoning but if the request is denied, a 60,000 square foot commercial building for any of the permitted uses in Highway Business could be developed; Attorney Tallant stated that Councimember Illg asked Mr. Silicia if he was aware of anyi instances where commercial access goes through a residential neighborhood; Mr. Silicia responded no traffic is going through the residential area but only entering at the same point and he cited Riley Place on Dawson Forest Road as having two commercial properties at the front of the residential neighborhood. Councilmember Ilg asked about vehicle parking fort the business such as trailers and work vehicles, whether they will be allowed; Mr. Silicia responded at present only a concept plan exists showing two parking spaces ini front oft the office and stated the actual plan would still need to be worked out with Planning but there is plenty of paved area for parking despite not being represented on the concept plan. He stated the intention is to be a neat and clean office space meant for startups. Councilmember Illg stated he understands this parcel will be commercial; however, he is concerned with the issues regarding access. Mr. Silicia stated he is aware of another access available that goes to Maple Street which could be opened. Councilmember Sawyer asked ift there is a requirement fort two entrances and exits; Planning Director Haynie stated it would be determined once the actual design is presented and expects it to be much different than the concept plan. She further inquired if there was consideration ofr reducing the square footage from 20,000 square feet; Mr. Sicilia stated it doesn't appear they could do it at this time. 10. RESOLUTION NO. R2024-03; Resolution Enacting Al Moratorium For AI Period Of Six Months On All Commercial And Residential Zoning And Re-Zoning Applications While The City Considers Changes To Its Zoning Ordinance. Public Hearing and First Reading: September 16, 2024; Second Reading City Attorney Tallant read the first reading of the resolution and stated the draft has been updated to Motion to open the public hearing made by C. Phillips; second by M. French. Vote carried unanimously in favor. Mayor Walden conducted the public hearing. No one spoke in favor of or opposition to the resolution. Motion to close the public hearing made by' W. Ilg; second by C. Phillips.  infavor.  is-correct.  and Consideration to Adopt: September 30, 2024.  not include commercial.  Vote carried unanimously in favor.  JSINESS  11. SPECIAL EVENT ALCOHOL PERMIT FOR GEORGIA RACING HALL OF FAME, OCTOBER 25 - 27, 2024: Cindy Elliott requested the permit and stated they would like to add an additional bar in the Gordon Pirkle Room to utilize the new pergola area outside the room and stated the access points at the back of the building are all fire zones and would not take anything away from Kare for Kids. She  Page 3 of5    MINUTES  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, September 16, 2024  5:00 P.M.  further stated they'd likely need to have the entrance at the pergola and the exit off the double doors near the kitchen. Ms. Elliott confirmed the third bar will be located inside and will have all the necessary security that is required. Motion to approve the alcohol permit made by M. French; second 12. CONSIDERATION OF LAND AND WATER CONSERVATION FUND GRANT APPLICATION: Motion to approve applying for the Georgia Department of Natural Resources Land & Water Conservation Fund Grant and to approve a partnership with Georgia Mountain Regional Commission to apply for the grant on behalf of the City in the amount of $1,500.00 to be paid out of the FY 2025 General Fund budget made by W. Ilg; second by S. Sawyer. Councimember French asked about the grant match; Downtown Director Edmondson stated it is a 50% match for the project but the amount is undetermined at this time because it's not a shovel ready project but reassured Councimember French the Council would ultimately approve the award. Vote carried unanimously 13. CONSIDERATION OF FINAL PLAT FOR THE VILLAGE AT MAPLE STREET: Councimember Motion to deny the request made by M. French; second by W. Ilig. Councimember Illg asked what happens on their end if the plat is denied; Planning Director Haynie stated the tender is not accepted. They are making a tender according to the ordinance that all the systems would be dedicated to the City within twelve to eighteen months, during that time it allows for the City to evaluate the performance of the systems and any failures could be corrected with the performance and maintenance bonds. He clarified it is the acceptance of the tender at this time, not oft the systems. Attorney Tallant stated if the Council is denying the request, they will need to provide details on what the developer will need to fix. Councimember French stated he is concerned about one point of egress to the property regarding proper fire suppression, on street parking and the density; Councimember Ilig concurred. Attorney Tallant askedi ifit complies with the development regulations; Planning Director Haynie stated it does with one point of concern being the storm water/storm drain conveyance system and its performance. Councimember Illg asked if ai fire truck could turn around in the cul de sac and Haynie replied they have approval from the Fire Marshal. Vote carried three in  by C. Phillips. Vote carried unanimously in favor.  in favor.  Phillips stated he is recusing himself.  favor to deny (French, Illg, Sawyer) with one recused (Phillips).  WORK SESSION  14. CITY PARKING ORDINANCE OPTIONS: Various parking issues were discussed along with possible resolutions including enforcement ifit is creating a safety orl hazardous issue. Council requested staff to verify whether or not the Sheriff's Office would be enforcing the City's ordinance for parking Motion to table the item to the October 21, 2024 City Council meeting made by' W. Illg; second by M. 15. PROPOSED FINE SCHEDULE FOR ORDINANCE VIOLATIONS: Motion to direct the City Attorney tod develop an ordinance for a fine schedule for ordinance violations made by M. French; second by  violations.  French. Vote carried unanimously in favor. C.P Phillips. Vote carried unanimously in favor.  STAFF REPORTS  16. BOB BOLZ, CITY MANAGER: Bolz reported there are no leak adjustments this month. 17. ROBIN GAZAWAY, FINANCE DIRECTOR: Financial reports representing fund balances and 18. CERTIFICATES OF DEPOSIT FOR THE CEMETERY FUNDS: Motion to approve the Finance Director to research and renew the certificates of deposit for better interest rates, terms and/or banks  activity through August 31, 2024 were provided in the packet.  ADDITIONAL BUSINESS ITEM  made by M. French; second by W. Illg. Vote carried unanimously ini favor.  Page 4 of5    MINUTES 5:00P.M.  CITY COUNCIL REGULAR MEETING AND WORK SESSION G.L. Gilleland Council Chambers on 2nd Floor Monday, September 16, 2024  AYOR AND COUNCIL REPORTS:  Councimember Sawyer reported that Amanda Edmondson and herself are participating in Leadership Dawson and wanted to express her gratitude to the City for allowing Amanda the At6:40p.m. amotion to close regular session and go into executive session for real estate acquisition, pending/potential litigation and/or personnel was made by M. French; second by C. Phillips. Vote At 6:52 p.m. a motion to close executive session was made by W. Illg; second by C. Phillips. Vote Motion to resume regular session was made by W. Ilg; second by M. French. Vote carried  opportunity to explore those leadership options.  EXECUTIVE SESSION  carried unanimously in favor. carried unanimously in favor. unanimously in favor.  ADJOURNMENT  At 6:54 p.m. a motion to adjourn the meeting was made by S. Sawyer; second by C. Phillips. Vote  carried unanimously ini favor.  Approved this 30th day of September 2024 By: CITY OF DAWSONVILLE M  Councilmember Post1  William Ilg,  E4  Post3  P dr Mark French, Councilmember Post4 4  Attest:  S  Beverly A. Banistet, City Clerk  Page 5 of5    STATE OF GEORGIA COUNTY OF DAWSON  AFFIDAVIT OF THE CITY OF DAWSONVILLE MAYOR AND COUNCIL  Mayor John Walden, Councimember Caleb Phillips, Councilmember William Illg, Councilmember Sandra Sawyer and Councilmember Mark French; being duly sworn, state under oath that the following is true and 1. The City of Dawsonville Council meti in a duly advertised meeting on September 16, 2024.  accurate to the best of their knowledge and belief:  2. During such meeting, the Board voted to goi into closed session. 3. The executive session was called to order at. G0 p.m.  4. The subject matter of the closed portion of the meeting was devoted toi the following matter(s) within  the exceptions provided int the open meetings law: (check all that apply)  Consultation with the City Attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the City or any officer or employee or in which the City or any offiçer or employee may be directly involved as provided in O.C.G.A. S 50-14-2(1); Discussion of tax matters made confidential by state law as provided by O.C.G.A. S 50-14- Discussion of future acquisition ofr real estate as provided by O.C.G.A. 550-14-30b)1); Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a City officer or  2(2) and  employee as provided in O.C.G.A. S 50-14-3(b)(2);  Other_  as provided in:  This 16th day of September 2024; By the City of Dawsonville, Mayor and Council:  R E  Post? #1  MarkF French, Councimember Post? #4   4E  Sworn to and subscribed before me this daybopiember Signature, Nolary Public sg  A.. BANIS : - 9 E)  4  My Commission expires: Feb 18_,2028  COUNT