City of Flowery Branch City Council Meeting Thursday ... · 9. There are no known adverse effects...

City of Flowery BranchCity Council Meeting

Thursday, December 21, 2017, 6:00 PMCity of Flowery Branch City Hall

5410 West Pine Street, Flowery Branch GA, 30542

WORK SESSION AGENDA

CALL WORK SESSION TO ORDER:

PLEDGE OF ALLEGIANCE:

PUBLIC HEARING:

UNFINISHED BUSINESS - WORK SESSION: Consider Second Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD

for the purpose of constructing a 55 home single family residential subdivision. Rezoning Ordinance.pdf

NEW BUSINESS -WORK SESSION: Consider 2018 Meeting Schedule

122117 2018 Meeting schedule.pdf2018 Meeting Schedule.pdf

Consider Annual Appointments2018 Appointments.pdf

Consider Dates for 2018 Regular Events2018 Regulatory dates.pdf

Consider 2018 Historic Preservation District Appointments2018 HPC Apointments.pdf

Consider December 7, 2017 Meeting Minutes120717 draft.pdf

Consider Lease Agreement with the Department of the Army for the City ParkDOC047.PDF122117 City Park Lease Agreement.pdf

Amendment to the FY 2017 FY BudgetCity Council Executive Summary FY17.doc17-012 Resolution Amended Budget.doc

DEPARTMENT REPORTS: - a. City Manager Reportb. City Clerk Reportc. Finance Director Reportd. Planning Department Reporte. Attorney Reportf. Council Report

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/132016/Rezoning_Ordinance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/105828/122117_2018_Meeting_schedule.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/105829/2018_Meeting_Schedule.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/105834/2018_Appointments.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/105846/2018_Regulatory_dates.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/127950/2018_HPC_Apointments.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/132015/120717_draft.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/132231/DOC047.PDF

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/132914/122117_City_Park_Lease_Agreement.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/133643/City_Council_Executive_Summary_FY17.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/133644/17-012_Resolution_Amended_Budget.pdf

City Council City Council Page - 2 -

ADJOURNMENT WORK SESSION:

VOTING SESSION AGENDA

CALL VOTING SESSION TO ORDER:

PUBLIC COMMENTS: - Please limit to two minutes

CONSENT AGENDA: Consider 2018 Meeting Schedule

122117 2018 Meeting schedule.pdf2018 Meeting Schedule.pdf

Consider Dates for 2018 Regular Events2018 Regulatory dates.pdf

Consider 2018 Historic Preservation District Appointments2018 HPC Apointments.pdf

Consider December 7, 2017 Meeting Minutes120717 draft.pdf

Consider Lease Agreement with the Department of the Army for the City ParkDOC047.PDF122117 City Park Lease Agreement.pdf

Per Diem - Mike Miller

UNFINISHED BUSINESS - VOTING SESSION: Consider Second Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD

for the purpose of constructing a 55 home single family residential subdivision. Rezoning Ordinance.pdf

NEW BUSINESS - VOTING SESSION: Consider Annual Appointments

2018 Appointments.pdf

Amendment to the FY 2017 FY BudgetCity Council Executive Summary FY17.doc17-012 Resolution Amended Budget.doc

EXECUTIVE SESSION:

ADJOURNMENT:

If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change

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FLOWERY BRANCH CITY COUNCIL

EXECUTIVE SUMMARY

SUBJECT: Consider Second Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for thepurpose of constructing a 55 home single family residential subdivision.

COUNCIL MEETING DATE: December 21, 2017

HISTORY:The City has been collaborating with Mr. McGowan for several months to create a new 55 home single family residential subdivision.

FACTS AND ISSUES:The approval of this rezoning would provide 55 new single family homes that have direct access to downtown FloweryBranch.

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No

AMOUNT AND SOURCE OF FUNDS:N/A

RECOMMENDATION:Approve as submitted and conditioned by staff.

SAMPLE MOTION: I make a motion to approve the first reading of Ordinance #540 rezoning approximately 11.36+/- acres to PUD assubmitted and conditioned by staff.

COLLABORATING DEPARTMENT:

DEPARTMENT: Planning

Prepared by: Melissa McCain

ATTACHMENTS Rezoning Ordinance.pdf

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Public Hearing Published 11/16/2017 First Reading 12/07/2017

Public Hearing 12/07/2017 Adopted 12/21/2017

ORDINANCE NO. _____

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FLOWERY

BRANCH, GEORGIA, BY ZONING TWO PARCELS OF REAL PROPERTY TO

PLANNED UNIT DEVELOPMENT (PUD). THE FIRST PROPERTY IS A 7.34 +/- TRACT

OF LAND OWNED BY THE MCGOWAN FAMILY FARMING PARTNERSHIP AND IS

IDENTIFIED AS TAX PARCEL 08113 002009. SAID PROPERTY IS CURRENTLY

ZONED MULTI-FAMILY RESIDENTIAL (R-3). THE SECOND PROPERTY IS A 4.2 +/-

TRACT OF LAND OWNED BY THE FIRST BAPTIS CHURCH AND IS IDENTIFIED AS

TAX PARCEL 08112 004002. SAID PROPERTY IS CURRENTLY ZONED

INSTITUTIONAL (INST); SUBJECT PROPERTIES ARE SHOWN ON ATTACHED

EXHIBIT “A” AND LEGALLY DESCRBED ON ATTACHED EXHIBIT “B”, AND

SHALL BE SUBJECT TO ALL CONDITIONS SET FORTH AND SHOWN ON

ATTACHED EXHIBIT “C”; PROVIDING FOR FINDINGS, SEVERABILITY,

REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL

PURPOSES.

WHEREAS, Mr. Frank McGowan, DBA McGowan Family Farming Partnership, Inc., owns all

that tract or parcel of land totaling 7.34± acres identified as Parcel Tax Identification No. 08113

002009; Mr. McGowan has a sales agreement in place for the second parcel of land totaling 4.2

+/- acres identified as Parcel Tax Identification No. 08112 004002. Parcels shall be combined and

developed as a single project. Both parcels are also shown on Exhibit “A”, and as legally described

on Exhibit “B”; and

WHEREAS, specific conditions shall be placed on subject parcels as shown on attached exhibit

“C”; and

WHEREAS, the City Council of the City of Flowery Branch has considered the application of

Mr. McGowan in conjunction with the standards set forth in Article 34 - Section 34.7 of Zoning

Ordinance No. 348 of the City of Flowery Branch, Georgia; and

WHEREAS, the City Council held a public hearing at the meeting of December 7, 2017 duly

noticed as prescribed by law and published in the Gainesville Times, regarding said application,

as shall be set forth in the minutes of said meeting.

NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES

HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council finds that the proposed rezoning from Flowery Branch M-3 (Residential Multi-

Family) and Flowery Branch INST (Institutional) to Flowery Branch PUD (Planned Unit

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Development) is consistent with the adopted standards for governing the exercise of the zoning

power consistent with O.C.G.A. § 36-66-5 and requirements of the Zoning Ordinance as identified

below.

1. The proposal will permit a use that is suitable in view of the use and development of

adjacent and nearby property.

2. The proposal is not expected to adversely affect the existing use or usability of adjacent

or nearby property.

3. The property could be used in accordance with the existing regulations and has a

reasonable economic use as currently zoned M-3 and INST; however, an alternative use

is appropriately considered.

4. The development if approved and constructed is not expected to result in a use which will

or could cause an excessive or burdensome use of existing streets, transportation

facilities, utilities, or schools.

5. The proposal is in conformity with the policy and intent of the comprehensive plan

including the character area map and future land use plan map.

6. The proposal is considered appropriate in view of existing use(s) and zoning of the

subject property and nearby properties.

7. No determination has been made by staff with regard to the value differential between

development under the current zonings as opposed to PUD.

8. A proposed development will not be a deterrent to the value or improvement of

development of adjacent property in accordance with existing regulations.

9. There are no known adverse effects that would result from the change in zoning district

map, or change in use, on the character of a zoning district.

10. Development as proposed is not expected to impact on the environment, including but not

limited to, drainage, soil erosion and sedimentation, flooding, air quality and water

quality. Compliance with city subdivision and land development regulations will be

required, which include but are not limited to soil erosion and sedimentation, stormwater,

and flood damage prevention.

SECTION 2. LEGAL DESCRIPTION AND CONDITIONS.

The rezoning of the subject parcels, as shown on Exhibit “A” and as legally described in Exhibit

“B”, from Flowery Branch M-3 (Multi-Family Residential) and INST (Institutional) to Flowery

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Branch PUD (Planned Unit Development). Conditions as set forth in Exhibit “C”. Said Exhibits

are incorporated by reference as if fully set forth herein.

SECTION 3. AMENDMENT OF THE ZONING MAP.

This Ordinance is enacted as an amendment to the Zoning Map of Flowery Branch, Georgia.

Accordingly, the Zoning Administrator is hereby authorized to update the Official Map consistent

with Article 3 of the Zoning Ordinance.

SECTION 4. SEVERABILITY.

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any

court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as

a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE.

The effective date of this Ordinance shall be upon adoption by the City Council of the City of

Flowery Branch, Georgia.

SECTION 6. REPEALER.

All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the

conflict.

Adopted this 21st day of December 2017.

___________________________

James M. Miller, Mayor

ATTEST

________________________________

Melissa McCain, City Clerk

APPROVED AS TO FORM

________________________________

E. Ronald Bennett, Jr., City Attorney

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Exhibit “A”

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Exhibit “B”

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Exhibit “C”

1. The development shall be consistent with the submitted site plan.

2. Homes shall be consistent with the submitted elevations.

3. Changes to the approved plan shall be deemed “Major” or “Minor” by City staff

A. Major changes shall be acted upon by City Council and shall include, but not limited

to, the following:

1) An increase or decrease of 3 or more homes

2) An excessive change in exterior home design and/or materials

B. Minor changes shall be acted upon by City staff and shall include, but not be limited

to, the following:

1) Setback reduction not exceeding 5 feet

2) An increase or decrease of 2 or less homes

3) Exterior changes that are not shown in the submitted elevations but are consistent

with the overall theme of the homes.

4) Setback encroachments of decks, patios, and stairs not to exceed 5 feet

5) Reduction of sidewalk width to 4 feet if necessary

6) Approval of alternate home design that incorporates a ranch style layout

a) Must meet all setback requirements

b) Materials must be consistent with the rest of the subdivision

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EXECUTIVE SUMMARY

SUBJECT: Consider 2018 Meeting Schedule


HISTORY:

FACTS AND ISSUES:The City Council approves the meeting schedule annually for the upcoming year.

OPTIONS:


AMOUNT AND SOURCE OF FUNDS:

RECOMMENDATION:Approve as presented

SAMPLE MOTION: No motion needed - contained within the Consent Agenda


DEPARTMENT: Administration


ATTACHMENTS 122117 2018 Meeting schedule.pdf 2018 Meeting Schedule.pdf

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FLOWERY BRANCH CITY COUNCIL EXECUTIVE SUMMARY SUBJECT: 2018 Flowery Branch Meeting Schedule DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT

ANNUAL- ( ) OTHER CAPITAL- COMMISSION ACTION REQUESTED ON: December 21, 2017

PURPOSE: To approve the annual meeting schedule for posting on the website and in the information board at City Hall.

HISTORY: The City annually approves the upcoming years meeting schedule.

FACTS AND ISSUES: 50-14-1(d)(1) Requires every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted at least one week in advance and maintained in a conspicuous place available to the public at the regular place of an agency or committee meeting as well as on the agency's website.

OPTIONS: Approve as presented or change the dates.

RECOMMENDED SAMPLE MOTION: I make a motion to approve the 2018 Meeting Schedule.

DEPARTMENT: Administration Prepared by: Melissa McCain

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City of Flowery Branch City Council 2018 Work and Voting Session

Meeting Dates January 4, 2018 July 5, 2018 January 18, 2018 July 19, 2018 February 1, 2018 August 2, 2018 February 15, 2018 August 16, 2018 March 1, 2018 September 7, 2018 March 15, 2018 September 21, 2018 April 5, 2018 October 4, 2018 April 19, 2018 October 18, 2018 May 3, 2018 November 1, 2018 May 17, 2018 November 15, 2018 June 7, 2018 December 6, 2018 June 21, 2018 December 20, 2018 **Meetings are held at the Flowery Branch City Hall on the 1st and 3rd Thursday of each month at 6:00 p.m. Dates, times and locations are subject to change**

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EXECUTIVE SUMMARY

SUBJECT: Consider Annual Appointments


HISTORY:See staff report

FACTS AND ISSUES:

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes


RECOMMENDATION:Approve

SAMPLE MOTION: I make a motion to approve Bill Andrew as the City Manager, Melissa McCain as the City Clerk and Carothers andMitchell as the City Attorney




ATTACHMENTS 2018 Appointments.pdf

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EXECUTIVE SUMMARY

SUBJECT: Appoint of City Officers DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017

PURPOSE: Appoint City Manager, City Clerk and City Attorney for the 2018 calendar year per the Flowery Branch Charter Article VIII HISTORY: City Manager Andrew has been with the City for 11 years; City Clerk McCain has served 10 years with the City and Carothers and Mitchell has served as the City’s Attorney for 12 years. FACTS & ISSUES: Below is a copy of Article VIII. – “Appointed Officers” from the City Charter.

Sec. 8.1. - City Manager. The city manager shall be the chief administrative officer of the city and is responsible

for the implementation of all policies, programs, contracts, ordinances, and resolutions as approved and directed by the city council. (a) The city manager shall be appointed by majority vote of the city council. (b) The city manager shall satisfy all qualifications prescribed by the city council. (c) No person holding an elective office in the City of Flowery Branch shall be eligible for

appointment during the term of office for which he or she was elected or within three years after the expiration of his or her term of office.

(d) Whenever the office of city manager is vacant, an acting city manager may be appointed by majority vote of the city council.

(e) The city manager or acting city manager shall be an employee at will and may be removed by a majority vote of the city council.

(f) The city council shall fix the city manager's compensation. (g) The city manager shall be responsible for:

(1) The management and coordination of the operations and activities of the various departments of the city;

(2) The appointment, discipline, and removal of department heads; (3) The preparation of the proposed annual budget with the assistance of all

department heads for the adoption by the city council; (4) Keeping the city council fully advised at all times as to the financial condition and

needs of the city; (5) Conducting studies and investigations and making reports thereon to the city

council concerning the operations of the departments, offices, and agencies of the city;

(6) Requiring any department, board, commission, or agency under the city manager's supervision to submit written reports and to provide other information deemed necessary;

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(7) Prescribing, requiring, publishing, and implementing standards of administrative management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city which are subject to the city manager's supervision;

(8) Acting as the purchasing agent of the city; and (9) Such responsibilities as may be from time to time required by the city council

which are not inconsistent with state laws, city ordinances, or this charter. (h) Except for the purpose of inquiry and investigation, the mayor and council members

shall deal with city employees who are subject to the supervision of the city manager solely through the city manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

Sec. 8.2. - City Clerk. (a) The city clerk shall be appointed by majority vote of the city council. (b) The city clerk shall be responsible for:

(1) Keeping and preserving the city seal and all records of the operations and activities of the city; (2) Attending meetings of the city council and preparing minutes of its proceedings at such meetings; (3) Attesting the mayor's signature on deeds, contracts, agreements, ordinances, and resolutions; (4) Preparing and certifying copies of official records in his or her office, for which fees may be prescribed by state law or city ordinance; (5) Providing administrative support to the mayor, council members, and city manager; and (6) Performing such other duties as may be directed by the city council.

Sec. 8.3. - City Attorney. (a) The city attorney shall be appointed by majority vote of the city council. (b) The city attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications prescribed by the city council. (c) The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the city council as directed; shall advise the mayor, council members, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney or as may be prescribed by the city council.

OPTIONS: Approval or suggest other appointments

RECOMMENDED SAMPLE MOTION: I make a motion appoint Bill Andrew as the City Manager, Melissa McCain as the City Clerk and Carothers & Mitchell as the representing Attorney.


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EXECUTIVE SUMMARY

SUBJECT: Consider Dates for 2018 Regular Events


HISTORY:In the past staff has presented each regulatory license individually for date approval.

FACTS AND ISSUES:Approving the regular annual events will streamline the process and allow the issuing of the license with approval of theCity Manager and Chief of Police.

OPTIONS:




SAMPLE MOTION: No motion needed - on the Consent Agenda




ATTACHMENTS 2018 Regulatory dates.pdf

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EXECUTIVE SUMMARY

SUBJECT: Approve the dates for historical events DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: Approve the dates for the annual events in the City.

HISTORY: In the past the City Clerk has brought each regulatory license to the council at the time of applications. FACTS & ISSUES: The city authorizes certain events that are repeated annually. To streamline the processing and avoid having to bring these events to the council throughout the year, the regular events are being presented as one item. Once the council approves the dates, the City Clerk will be able to issue the license once the official application is received and approved by the Chief of Police and the City Manager. Any events outside of the normal events listed will be brought to the council for approval at the time of application. The timing typically is the same annually. If there is a conflict with the usual date, discretion is required to allow the City Manager to authorize a date within the same month. Christmas Festival – First weekend in December Jingle Jog – First weekend in December (In connection with Christmas Festival) Boo Run – Last weekend in October Sterling Harvest Balloon Festival – 3rd weekend in October Fall Festival – First weekend in October Car Show and Chili Cook Off – Second weekend in September South Hall Rotary 5k – Third weekend in August Sterling Fireworks – First weekend in July Masonic Lodge Spring Fun Run 5k – Third weekend in May Spring Festival – First weekend in May

OPTIONS: Approval

RECOMMENDED SAMPLE MOTION: I make a motion to approve the dates for the above listed regular events.


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EXECUTIVE SUMMARY

SUBJECT: Consider 2018 Historic Preservation District Appointments


HISTORY:See Staff Report

FACTS AND ISSUES:

OPTIONS:




SAMPLE MOTION: On the Consent Agenda - no motion needed

COLLABORATING DEPARTMENT: Planning



ATTACHMENTS 2018 HPC Apointments.pdf

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EXECUTIVE SUMMARY

SUBJECT: Approve the annual appointments for the Historic Preservation Committee DATE: November 28, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: Approve the recommendations for the annual appointments to the HPC. HISTORY: September 17, 2015 Ordinance 375A Amending the Historic Preservation Commission Terms was approved. The Ordinance expanded the Historic Preservation Commission terms from three voting members to five voting members and also changed the term limits, as they were three-year terms, now they are one-year terms with those appointments being ae ability to serve unlimited terms. FACTS & ISSUES: Appointments for the five members of the Historic Preservation Committee are required annually. Below are the appointments as well as their years of service. Mary Jones

2009-2011 2012-2015 2016-2017

Sue Kilgore

2009-2011 2012-2015 2016-2017

Dr. Charles Goodwin 2016-2017

VACANT (Formally John Dempsey) Janice Bryans

2009-2011 2012-2015 2016-2017

Dinah Wayne (ex-officio)

2009-2011 2012-2015 2016-2017

Matt Bell (ex-officio) 2016-2017

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OPTIONS: Approve the list as requested, suggest other appointments, put out a notice for resumes. RECOMMENDED SAMPLE MOTION: This item will be on the Consent Agenda so a motion is not required.


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EXECUTIVE SUMMARY

SUBJECT: Consider December 7, 2017 Meeting Minutes


HISTORY:

FACTS AND ISSUES:

OPTIONS:




SAMPLE MOTION:




ATTACHMENTS 120717 draft.pdf

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City of Flowery Branch City Council Meeting Minutes

December 7, 2017 6:00 p.m. City of Flowery Branch City Hall

5517 Main Street, Flowery Branch GA, 30542 CALL WORK SESSION TO ORDER: Mayor Miller called the meeting to order at 6:03 p.m. PRESENT: Mayor Mike Miller and Council Member Mary Jones, Council Member Fred

Richards, Council Member Joe Anglin and Council Member Monica Beatty ABSENT: Council Member Chris Mundy Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Police Chief David Spillers, Lt. Chris Hulsey and Attorney Ron Bennett PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PRESENTATION: Mayor Miller presented a service award to Lt. Chris Hulsey for 11 years of service and to Council Member Beatty for her years of service on the City Council. PUBLIC HEARING: Consider First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for constructing a 55-home single family residential subdivision. City Planner Atkinson reviewed the rezoning request and noted that it has been advertised properly and posted on the subject property, Continuing, Planner Atkinson advised that the property is 7.34 +/- acres identified as 5461 E. Main Street currently zoned R3 and 4.2 +/- acres identified as 5106 Spring Street currently zoned Institutional. The properties combined are proposed to be zoned Planned Unit Development. The development will consist of the following:

• 55 Single family homes, Minimum 1,600 Sq. Ft • 4.7 Units per acre with 22% open space • Consistent with the current Comprehensive Plan • Useable green space and connectivity

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December 7, 2017 Minutes Page 2 of 6

Planner Atkinson reviewed the conditions of zoning as follows:

• The development shall be consistent with the submitted site plan. • Homes shall be consistent with the submitted elevations. • Changes to the approved plan shall be deemed “Major” or “Minor” by City staff • Major changes shall be acted upon by City Council and shall include, but not be limited to,

the following: o An increase or decrease of 3 or more homes o An excessive change in exterior home design and/or materials

• Minor changes shall be acted upon by City staff and shall include, but not be limited to, the following:

o Setback reduction not exceeding 5 feet o An increase or decrease of 2 or less homes o Exterior changes that are not shown in the submitted elevations but are consistent

with the overall theme of the homes. o Setback encroachments of decks, patios, and stairs not to exceed 5 feet o Reduction of sidewalk width to 4 feet if necessary o Approval of alternate home design that incorporates a ranch style layout

• Must meet all setback requirements • Materials must be consistent with the rest of the subdivision

PUBLIC COMMENTS: Doug Loving 5457 East Main Street, Flowery Branch, Ga. 30542 Mr. Loving expressed concerns with the buffer between his property and the development. Planner Atkinson advised that there was not a buffer requirement because it was residential abutting a residential area. The builder does have a 15-foot set back in the plans. ADJOURN PUBLIC HEARING: Mayor Miller closed the public hearing at 6:37 p.m. UNFINISHED BUSINESS - WORK SESSION: Second Reading - Ordinance 538 - Annexation of 5385 McEver Rd, Flowery Branch, GA 30542 - SKF USA, Inc. Planner Atkinson reviewed the annexation and rezoning request together and summarized by stating that the annexation was part of an earlier agreement with SKF to obtain sewer service. Once sewer service was established then SKF had five years to annex into the city limits. There are no changes in use proposed and the zoning will remain consistent with the current zoning.

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Second Reading - Ordinance 539 - Rezoning of 5385 McEver Rd, Flowery Branch, GA 30542 to Flowery Branch M-2 (Heavy Industrial). Discussed with Ordinance 538. Second Reading - Ordinance 425A amending the Code of Ordinances Part II, “Code of Ordinances”, Chapter 26, “Environment”, Article II, “Flowery Branch Soil Erosion and Sedimentation Control” Planner Atkinson advised that the changes are per EPD requirements and a handout was provided to the council showing the changes. NEW BUSINESS -WORK SESSION: First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for the purpose of constructing a 55-home single family residential subdivision. This was discussed during the public hearing with no other questions or comments. FY 2018 Local Maintenance Improvement Grant Application with the Georgia Department of Transportation City Manager Andrew made the following points in his summary: FY 2018 LMIG Facts and Issues:

• $69,789.90 reserved for the City based on 30 miles of roadway. • The City has reserved $228,285.10 in the CIP for expenditure in FY 2019. This will

more than meet the 30% match requirement. • With a total budget for FY 2019 of $298,075, we are expecting to pave approximately 1.4

miles. If, on average, we pave only 1.4 miles every other year, we would be looking at a road-life of 42.9 years, which is more than twice what it should be.

• We will be looking to let this paving with the Hall County Small Cities Joint Paving RFP in April or May of 2019.

November 16, 2017 Meeting Minutes Clerk McCain advised that there were no changes. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the intersection at Gainesville Street and McEver Road should have power this week and the poles relocated next week as well as the turn lanes paved next week.

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City Clerk Report No report. City Planner Report Planner Atkinson advised that Parkwalk Subdivision has applied for a Land Disturbance Permit and will be re-platting the area in the near future. Attorney Report No report. Council Report Members of the council thanked Councilmember Monica Beatty for her service to the citizens of Flowery Branch. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the Work Session at 6:50 pm

VOTING SESSION MINUTES

CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 6:50 p.m. PUBLIC COMMENTS: There were no public comments. CONSENT AGENDA:

• November 16, 2017 Meeting Minutes There was a motion made to approve the Consent Agenda as presented. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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UNFINISHED BUSINESS - VOTING SESSION: Second Reading - Ordinance 538 - Annexation of 5385 McEver Rd, Flowery Branch, GA 30542 - SKF USA, Inc. Attorney Bennett read the caption to Ordinance 538. There was a motion made to approve the second reading of Ordinance 538. MOTION: Fred Richards SECOND: Joe Anglin AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried Second Reading - Ordinance 539 - Rezoning of 5385 McEver Rd, Flowery Branch, GA 30542 to Flowery Branch M-2 (Heavy Industrial). Attorney Bennett read the caption to Ordinance 539. There was a motion made to approve the second reading of Ordinance 539. MOTION Joe Anglin SECOND: Mary Jones AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried Consider Second Reading - Ordinance 425A amending the Code of Ordinances Part II, “Code of Ordinances”, Chapter 26, “Environment”, Article II, “Flowery Branch Soil Erosion and Sedimentation Control” Attorney Bennett read the caption to Ordinance 425A. There was a motion made to approve the second reading of Ordinance 425A. MOTION: Fred Richards SECOND: Monica Beatty AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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NEW BUSINESS - VOTING SESSION: First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for the purpose of constructing a 55-home single family residential subdivision. Attorney Bennett rea the caption to Ordinance 540. There was a motion made to approve the first reading of Ordinance 540. MOTION: Fred Richards SECOND: Mary Jones AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried FY 2018 Local Maintenance Improvement Grant Application with the Georgia Department of Transportation There was a motion made to authorize the Mayor to sign the 2018 Local Maintenance Improvement Grant application, so the City may escrow $69,789.90 in state funds for paving. To accept these funds, the City is committed to 30% minimum match. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried EXECUTIVE SESSION: There was no executive session. ADJOURNMENT: There was a motion to adjourn at 6:55 p.m. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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EXECUTIVE SUMMARY

SUBJECT: Consider Lease Agreement with the Department of the Army for the City Park


HISTORY:See Summary

FACTS AND ISSUES:See Summary

OPTIONS:


AMOUNT AND SOURCE OF FUNDS:$15,000 Account# 100-6200-10-522200


SAMPLE MOTION: I make a motion to approve the agreement with the Department of the Army for the lease of the City Park and toauthorize the Mayor to execute any necessary documents.




ATTACHMENTS DOC047.PDF 122117 City Park Lease Agreement.pdf

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EXECUTIVE SUMMARY

SUBJECT: Consider 25-year lease agreement with Army Corps of Engineers DATE: December 12, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: To lease sign a lease agreement for the City Park HISTORY: The City originally signed a lease agreement with the department of the Army in March of 1993 for the lease of the park property for a five-year term. November 1998 Supplement #1 signed to extend the lease for five years June 2004 Supplement #2 signed to extend the lease for five years April 2008 Supplement #3 was signed to extend the lease ten years Current agreement is for a twenty-five year lease - March 1, 2018 – February 28, 2043 FACTS AND ISSUES: There is no cost for the lease itself, but the city is responsible to maintain the area and has budgeted $15,000 for said maintenance and upkeep. Changes can be made to the site only through application and approval of the district engineer. The City is required to hold liability insurance in the amount of 1,000,000. A Plan of Operation & Maintenance Report is required to be submitted annually.

OPTIONS: Approve the lease agreement as presented RECOMMENDED SAMPLE MOTION: I make a motion to approve the agreement with the Department of the Army for the lease of the Flowery Branch City Park and to authorize the Mayor to execute any necessary documents.


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EXECUTIVE SUMMARY

SUBJECT: Amendment to the FY 2017 FY Budget


HISTORY:See attached Executive Summary

FACTS AND ISSUES:See attached Executive Summary

OPTIONS:To not include a finding for this budget overage, the Auditor will need to have the Council approve the amendmentbefore issuing the audit report. Therefore, it is recommended to approve the amendment.



RECOMMENDATION:Approval of this amendment.

SAMPLE MOTION: I motion for the City Council to authorize an increase of the the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenueand resulting expenditures by $5,000.00 for a total budget of $50,730.00.




ATTACHMENTS City Council Executive Summary FY17.doc 17-012 Resolution Amended Budget.doc

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EXECUTIVE SUMMARY


DATE: December 15, 2017 (X) RECOMMENDATION( ) POLICY DISCUSSION

BUDGET INFORMATION: ( ) STATUS REPORTANNUAL- ( ) OTHERCAPITAL-

COUNCIL ACTION REQUESTED ON: Authorization for the City Council to increase of the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenue and resulting expenditures by $5,000.00 for a total budget of $50,730.00.

PURPOSE: To amend the FY 2017 budget so as to follow State Law, which requires a balanced budget for local governments.

HISTORY: $34,521 – FY 2012 $46,002 – FY 2015

$41,731 – FY 2013 $48,349 – FY 2016

$43,375 – FY 2014 $50,730 – FY 2017

FACTS AND ISSUES: At $50,730.00, the expenditures of the Hotel/Motel Fund currently exceed the budget by $4,730.00. Although this appears to be a minor amount, it is over 10% of the approved budget of $46,000.00. (If it was less than 3% over budget we could consider it immaterial and move forward without an audit finding.)

The overage is due to the City collecting more tax than anticipated and therefore paying a larger amount out as required. It is suggested we make a budget amendment for a round amount of $5,000 for simplicity.

OPTIONS: To not include a finding for this budget overage, the Auditor will need to have the Council approve the amendment before issuing the audit report. Therefore, it is recommended to approve the amendment.

RECOMMENDED SAMPLE MOTION: I motion for the City Council to authorize an increase of the the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenue and resulting expenditures by $5,000.00 for a total budget of $50,730.00.

Note: The Hotel/Motel Tax is broken down as follows – There is a 5% room tax of which we keep 60% and the Lake Lanier Convention Visitor’s Bureau (LLCVB) receives 40%. These figures represent the 40% which is expended to the LLCVB.

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Prepared by: Bill Andrew

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RESOLUTION 17-012

TO AMEND THE BUDGET FOR FISCAL YEAR 2017 AS PREVIOUSLY ADOPTED ON JUNE 16, 2016

WHEREAS, Georgia law, generally accepted accounting standards for local governments and sound governmental financial management all require local governments to establish and maintain an annual balanced budget for the City’s fiscal year, and that said budget be adopted by a resolution or ordinance of the governing authority; and

WHEREAS, a budget is balanced when the sum of estimated revenues and appropriated fund balances is equal to expenditure/expense appropriations for each applicable fund; and

WHEREAS, the Mayor and Council adopted a lawful budget for Fiscal Year 2017 on June 16, 2016; and

WHEREAS, the budget, as adopted, establishes legal spending limits that may not be exceeded unless the budget is amended by the governing authority; and

WHEREAS, revenue estimates and governmental needs change during the course of the fiscal year; and

WHEREAS, amendment to the budget is authorized under O.C.G.A. 36-81-3 (d) and is accepted local government financial practice; and

WHEREAS, any amendment to the budget must maintain a balanced budget and must be legally adopted by the governing authority;

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Flowery Branch that the budget for Fiscal Year 2017 is hereby amended and balanced by recognizing the following:

Amend departmental budgets within the General Fund without increasing the overall General Fund Revenue and Expenditure budgets. Amendment complies with Council approved expenditures throughout FY 2017.

BE IT FURTHERMORE RESOLVED that this budget amendment is hereby adopted.

SO RESOLVED this 21st day of December, 2017.

____________________________________Attest: James M. Miller

__________________________________Melissa McCain, City Clerk

Approved as to form:

__________________________________E. Ronald Bennett, Jr., City Attorney

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EXECUTIVE SUMMARY

SUBJECT: Consider 2018 Meeting Schedule


HISTORY:

FACTS AND ISSUES:The City Council approves the meeting schedule annually for the upcoming year.

OPTIONS:



RECOMMENDATION:Approve as presented

SAMPLE MOTION: No motion needed - contained within the Consent Agenda




ATTACHMENTS 122117 2018 Meeting schedule.pdf 2018 Meeting Schedule.pdf

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FLOWERY BRANCH CITY COUNCIL EXECUTIVE SUMMARY SUBJECT: 2018 Flowery Branch Meeting Schedule DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT

ANNUAL- ( ) OTHER CAPITAL- COMMISSION ACTION REQUESTED ON: December 21, 2017

PURPOSE: To approve the annual meeting schedule for posting on the website and in the information board at City Hall.

HISTORY: The City annually approves the upcoming years meeting schedule.

FACTS AND ISSUES: 50-14-1(d)(1) Requires every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted at least one week in advance and maintained in a conspicuous place available to the public at the regular place of an agency or committee meeting as well as on the agency's website.

OPTIONS: Approve as presented or change the dates.

RECOMMENDED SAMPLE MOTION: I make a motion to approve the 2018 Meeting Schedule.


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City of Flowery Branch City Council 2018 Work and Voting Session

Meeting Dates January 4, 2018 July 5, 2018 January 18, 2018 July 19, 2018 February 1, 2018 August 2, 2018 February 15, 2018 August 16, 2018 March 1, 2018 September 7, 2018 March 15, 2018 September 21, 2018 April 5, 2018 October 4, 2018 April 19, 2018 October 18, 2018 May 3, 2018 November 1, 2018 May 17, 2018 November 15, 2018 June 7, 2018 December 6, 2018 June 21, 2018 December 20, 2018 **Meetings are held at the Flowery Branch City Hall on the 1st and 3rd Thursday of each month at 6:00 p.m. Dates, times and locations are subject to change**

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EXECUTIVE SUMMARY

SUBJECT: Consider Dates for 2018 Regular Events


HISTORY:In the past staff has presented each regulatory license individually for date approval.

FACTS AND ISSUES:Approving the regular annual events will streamline the process and allow the issuing of the license with approval of theCity Manager and Chief of Police.

OPTIONS:




SAMPLE MOTION: No motion needed - on the Consent Agenda




ATTACHMENTS 2018 Regulatory dates.pdf

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EXECUTIVE SUMMARY

SUBJECT: Approve the dates for historical events DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: Approve the dates for the annual events in the City.

HISTORY: In the past the City Clerk has brought each regulatory license to the council at the time of applications. FACTS & ISSUES: The city authorizes certain events that are repeated annually. To streamline the processing and avoid having to bring these events to the council throughout the year, the regular events are being presented as one item. Once the council approves the dates, the City Clerk will be able to issue the license once the official application is received and approved by the Chief of Police and the City Manager. Any events outside of the normal events listed will be brought to the council for approval at the time of application. The timing typically is the same annually. If there is a conflict with the usual date, discretion is required to allow the City Manager to authorize a date within the same month. Christmas Festival – First weekend in December Jingle Jog – First weekend in December (In connection with Christmas Festival) Boo Run – Last weekend in October Sterling Harvest Balloon Festival – 3rd weekend in October Fall Festival – First weekend in October Car Show and Chili Cook Off – Second weekend in September South Hall Rotary 5k – Third weekend in August Sterling Fireworks – First weekend in July Masonic Lodge Spring Fun Run 5k – Third weekend in May Spring Festival – First weekend in May

OPTIONS: Approval

RECOMMENDED SAMPLE MOTION: I make a motion to approve the dates for the above listed regular events.


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EXECUTIVE SUMMARY

SUBJECT: Consider 2018 Historic Preservation District Appointments


HISTORY:See Staff Report

FACTS AND ISSUES:

OPTIONS:




SAMPLE MOTION: On the Consent Agenda - no motion needed

COLLABORATING DEPARTMENT: Planning



ATTACHMENTS 2018 HPC Apointments.pdf

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EXECUTIVE SUMMARY

SUBJECT: Approve the annual appointments for the Historic Preservation Committee DATE: November 28, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: Approve the recommendations for the annual appointments to the HPC. HISTORY: September 17, 2015 Ordinance 375A Amending the Historic Preservation Commission Terms was approved. The Ordinance expanded the Historic Preservation Commission terms from three voting members to five voting members and also changed the term limits, as they were three-year terms, now they are one-year terms with those appointments being ae ability to serve unlimited terms. FACTS & ISSUES: Appointments for the five members of the Historic Preservation Committee are required annually. Below are the appointments as well as their years of service. Mary Jones

2009-2011 2012-2015 2016-2017

Sue Kilgore

2009-2011 2012-2015 2016-2017

Dr. Charles Goodwin 2016-2017

VACANT (Formally John Dempsey) Janice Bryans

2009-2011 2012-2015 2016-2017

Dinah Wayne (ex-officio)

2009-2011 2012-2015 2016-2017

Matt Bell (ex-officio) 2016-2017

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OPTIONS: Approve the list as requested, suggest other appointments, put out a notice for resumes. RECOMMENDED SAMPLE MOTION: This item will be on the Consent Agenda so a motion is not required.


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EXECUTIVE SUMMARY

SUBJECT: Consider December 7, 2017 Meeting Minutes


HISTORY:

FACTS AND ISSUES:

OPTIONS:




SAMPLE MOTION:




ATTACHMENTS 120717 draft.pdf

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City of Flowery Branch City Council Meeting Minutes

December 7, 2017 6:00 p.m. City of Flowery Branch City Hall

5517 Main Street, Flowery Branch GA, 30542 CALL WORK SESSION TO ORDER: Mayor Miller called the meeting to order at 6:03 p.m. PRESENT: Mayor Mike Miller and Council Member Mary Jones, Council Member Fred

Richards, Council Member Joe Anglin and Council Member Monica Beatty ABSENT: Council Member Chris Mundy Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Police Chief David Spillers, Lt. Chris Hulsey and Attorney Ron Bennett PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PRESENTATION: Mayor Miller presented a service award to Lt. Chris Hulsey for 11 years of service and to Council Member Beatty for her years of service on the City Council. PUBLIC HEARING: Consider First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for constructing a 55-home single family residential subdivision. City Planner Atkinson reviewed the rezoning request and noted that it has been advertised properly and posted on the subject property, Continuing, Planner Atkinson advised that the property is 7.34 +/- acres identified as 5461 E. Main Street currently zoned R3 and 4.2 +/- acres identified as 5106 Spring Street currently zoned Institutional. The properties combined are proposed to be zoned Planned Unit Development. The development will consist of the following:

• 55 Single family homes, Minimum 1,600 Sq. Ft • 4.7 Units per acre with 22% open space • Consistent with the current Comprehensive Plan • Useable green space and connectivity

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Planner Atkinson reviewed the conditions of zoning as follows:

• The development shall be consistent with the submitted site plan. • Homes shall be consistent with the submitted elevations. • Changes to the approved plan shall be deemed “Major” or “Minor” by City staff • Major changes shall be acted upon by City Council and shall include, but not be limited to,

the following: o An increase or decrease of 3 or more homes o An excessive change in exterior home design and/or materials

• Minor changes shall be acted upon by City staff and shall include, but not be limited to, the following:

o Setback reduction not exceeding 5 feet o An increase or decrease of 2 or less homes o Exterior changes that are not shown in the submitted elevations but are consistent

with the overall theme of the homes. o Setback encroachments of decks, patios, and stairs not to exceed 5 feet o Reduction of sidewalk width to 4 feet if necessary o Approval of alternate home design that incorporates a ranch style layout

• Must meet all setback requirements • Materials must be consistent with the rest of the subdivision

PUBLIC COMMENTS: Doug Loving 5457 East Main Street, Flowery Branch, Ga. 30542 Mr. Loving expressed concerns with the buffer between his property and the development. Planner Atkinson advised that there was not a buffer requirement because it was residential abutting a residential area. The builder does have a 15-foot set back in the plans. ADJOURN PUBLIC HEARING: Mayor Miller closed the public hearing at 6:37 p.m. UNFINISHED BUSINESS - WORK SESSION: Second Reading - Ordinance 538 - Annexation of 5385 McEver Rd, Flowery Branch, GA 30542 - SKF USA, Inc. Planner Atkinson reviewed the annexation and rezoning request together and summarized by stating that the annexation was part of an earlier agreement with SKF to obtain sewer service. Once sewer service was established then SKF had five years to annex into the city limits. There are no changes in use proposed and the zoning will remain consistent with the current zoning.

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Second Reading - Ordinance 539 - Rezoning of 5385 McEver Rd, Flowery Branch, GA 30542 to Flowery Branch M-2 (Heavy Industrial). Discussed with Ordinance 538. Second Reading - Ordinance 425A amending the Code of Ordinances Part II, “Code of Ordinances”, Chapter 26, “Environment”, Article II, “Flowery Branch Soil Erosion and Sedimentation Control” Planner Atkinson advised that the changes are per EPD requirements and a handout was provided to the council showing the changes. NEW BUSINESS -WORK SESSION: First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for the purpose of constructing a 55-home single family residential subdivision. This was discussed during the public hearing with no other questions or comments. FY 2018 Local Maintenance Improvement Grant Application with the Georgia Department of Transportation City Manager Andrew made the following points in his summary: FY 2018 LMIG Facts and Issues:

• $69,789.90 reserved for the City based on 30 miles of roadway. • The City has reserved $228,285.10 in the CIP for expenditure in FY 2019. This will

more than meet the 30% match requirement. • With a total budget for FY 2019 of $298,075, we are expecting to pave approximately 1.4

miles. If, on average, we pave only 1.4 miles every other year, we would be looking at a road-life of 42.9 years, which is more than twice what it should be.

• We will be looking to let this paving with the Hall County Small Cities Joint Paving RFP in April or May of 2019.

November 16, 2017 Meeting Minutes Clerk McCain advised that there were no changes. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the intersection at Gainesville Street and McEver Road should have power this week and the poles relocated next week as well as the turn lanes paved next week.

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City Clerk Report No report. City Planner Report Planner Atkinson advised that Parkwalk Subdivision has applied for a Land Disturbance Permit and will be re-platting the area in the near future. Attorney Report No report. Council Report Members of the council thanked Councilmember Monica Beatty for her service to the citizens of Flowery Branch. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the Work Session at 6:50 pm

VOTING SESSION MINUTES

CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 6:50 p.m. PUBLIC COMMENTS: There were no public comments. CONSENT AGENDA:

• November 16, 2017 Meeting Minutes There was a motion made to approve the Consent Agenda as presented. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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UNFINISHED BUSINESS - VOTING SESSION: Second Reading - Ordinance 538 - Annexation of 5385 McEver Rd, Flowery Branch, GA 30542 - SKF USA, Inc. Attorney Bennett read the caption to Ordinance 538. There was a motion made to approve the second reading of Ordinance 538. MOTION: Fred Richards SECOND: Joe Anglin AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried Second Reading - Ordinance 539 - Rezoning of 5385 McEver Rd, Flowery Branch, GA 30542 to Flowery Branch M-2 (Heavy Industrial). Attorney Bennett read the caption to Ordinance 539. There was a motion made to approve the second reading of Ordinance 539. MOTION Joe Anglin SECOND: Mary Jones AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried Consider Second Reading - Ordinance 425A amending the Code of Ordinances Part II, “Code of Ordinances”, Chapter 26, “Environment”, Article II, “Flowery Branch Soil Erosion and Sedimentation Control” Attorney Bennett read the caption to Ordinance 425A. There was a motion made to approve the second reading of Ordinance 425A. MOTION: Fred Richards SECOND: Monica Beatty AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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NEW BUSINESS - VOTING SESSION: First Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for the purpose of constructing a 55-home single family residential subdivision. Attorney Bennett rea the caption to Ordinance 540. There was a motion made to approve the first reading of Ordinance 540. MOTION: Fred Richards SECOND: Mary Jones AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried FY 2018 Local Maintenance Improvement Grant Application with the Georgia Department of Transportation There was a motion made to authorize the Mayor to sign the 2018 Local Maintenance Improvement Grant application, so the City may escrow $69,789.90 in state funds for paving. To accept these funds, the City is committed to 30% minimum match. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried EXECUTIVE SESSION: There was no executive session. ADJOURNMENT: There was a motion to adjourn at 6:55 p.m. MOTION: Joe Anglin SECOND: Fred Richards AYES: Mary Jones, Fred Richards, Joe Anglin and Monica Beatty. NAYS: None Motion carried

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EXECUTIVE SUMMARY

SUBJECT: Consider Lease Agreement with the Department of the Army for the City Park


HISTORY:See Summary

FACTS AND ISSUES:See Summary

OPTIONS:


AMOUNT AND SOURCE OF FUNDS:$15,000 Account# 100-6200-10-522200


SAMPLE MOTION: I make a motion to approve the agreement with the Department of the Army for the lease of the City Park and toauthorize the Mayor to execute any necessary documents.




ATTACHMENTS DOC047.PDF 122117 City Park Lease Agreement.pdf

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EXECUTIVE SUMMARY

SUBJECT: Consider 25-year lease agreement with Army Corps of Engineers DATE: December 12, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017 PURPOSE: To lease sign a lease agreement for the City Park HISTORY: The City originally signed a lease agreement with the department of the Army in March of 1993 for the lease of the park property for a five-year term. November 1998 Supplement #1 signed to extend the lease for five years June 2004 Supplement #2 signed to extend the lease for five years April 2008 Supplement #3 was signed to extend the lease ten years Current agreement is for a twenty-five year lease - March 1, 2018 – February 28, 2043 FACTS AND ISSUES: There is no cost for the lease itself, but the city is responsible to maintain the area and has budgeted $15,000 for said maintenance and upkeep. Changes can be made to the site only through application and approval of the district engineer. The City is required to hold liability insurance in the amount of 1,000,000. A Plan of Operation & Maintenance Report is required to be submitted annually.

OPTIONS: Approve the lease agreement as presented RECOMMENDED SAMPLE MOTION: I make a motion to approve the agreement with the Department of the Army for the lease of the Flowery Branch City Park and to authorize the Mayor to execute any necessary documents.


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EXECUTIVE SUMMARY

SUBJECT: Per Diem - Mike Miller


HISTORY:

FACTS AND ISSUES:

OPTIONS:



RECOMMENDATION:

SAMPLE MOTION:




ATTACHMENTS

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EXECUTIVE SUMMARY

SUBJECT: Consider Second Reading of Ordinance #540 - rezoning of approximately 11.36 +/- acres to PUD for thepurpose of constructing a 55 home single family residential subdivision.


HISTORY:The City has been collaborating with Mr. McGowan for several months to create a new 55 home single family residential subdivision.

FACTS AND ISSUES:The approval of this rezoning would provide 55 new single family homes that have direct access to downtown FloweryBranch.

OPTIONS:


AMOUNT AND SOURCE OF FUNDS:N/A

RECOMMENDATION:Approve as submitted and conditioned by staff.

SAMPLE MOTION: I make a motion to approve the first reading of Ordinance #540 rezoning approximately 11.36+/- acres to PUD assubmitted and conditioned by staff.


DEPARTMENT: Planning


ATTACHMENTS Rezoning Ordinance.pdf

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Public Hearing Published 11/16/2017 First Reading 12/07/2017

Public Hearing 12/07/2017 Adopted 12/21/2017

ORDINANCE NO. _____

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FLOWERY

BRANCH, GEORGIA, BY ZONING TWO PARCELS OF REAL PROPERTY TO

PLANNED UNIT DEVELOPMENT (PUD). THE FIRST PROPERTY IS A 7.34 +/- TRACT

OF LAND OWNED BY THE MCGOWAN FAMILY FARMING PARTNERSHIP AND IS

IDENTIFIED AS TAX PARCEL 08113 002009. SAID PROPERTY IS CURRENTLY

ZONED MULTI-FAMILY RESIDENTIAL (R-3). THE SECOND PROPERTY IS A 4.2 +/-

TRACT OF LAND OWNED BY THE FIRST BAPTIS CHURCH AND IS IDENTIFIED AS

TAX PARCEL 08112 004002. SAID PROPERTY IS CURRENTLY ZONED

INSTITUTIONAL (INST); SUBJECT PROPERTIES ARE SHOWN ON ATTACHED

EXHIBIT “A” AND LEGALLY DESCRBED ON ATTACHED EXHIBIT “B”, AND

SHALL BE SUBJECT TO ALL CONDITIONS SET FORTH AND SHOWN ON

ATTACHED EXHIBIT “C”; PROVIDING FOR FINDINGS, SEVERABILITY,

REPEALING CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL

PURPOSES.

WHEREAS, Mr. Frank McGowan, DBA McGowan Family Farming Partnership, Inc., owns all

that tract or parcel of land totaling 7.34± acres identified as Parcel Tax Identification No. 08113

002009; Mr. McGowan has a sales agreement in place for the second parcel of land totaling 4.2

+/- acres identified as Parcel Tax Identification No. 08112 004002. Parcels shall be combined and

developed as a single project. Both parcels are also shown on Exhibit “A”, and as legally described

on Exhibit “B”; and

WHEREAS, specific conditions shall be placed on subject parcels as shown on attached exhibit

“C”; and

WHEREAS, the City Council of the City of Flowery Branch has considered the application of

Mr. McGowan in conjunction with the standards set forth in Article 34 - Section 34.7 of Zoning

Ordinance No. 348 of the City of Flowery Branch, Georgia; and

WHEREAS, the City Council held a public hearing at the meeting of December 7, 2017 duly

noticed as prescribed by law and published in the Gainesville Times, regarding said application,

as shall be set forth in the minutes of said meeting.

NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES

HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council finds that the proposed rezoning from Flowery Branch M-3 (Residential Multi-

Family) and Flowery Branch INST (Institutional) to Flowery Branch PUD (Planned Unit

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Development) is consistent with the adopted standards for governing the exercise of the zoning

power consistent with O.C.G.A. § 36-66-5 and requirements of the Zoning Ordinance as identified

below.

1. The proposal will permit a use that is suitable in view of the use and development of

adjacent and nearby property.

2. The proposal is not expected to adversely affect the existing use or usability of adjacent

or nearby property.

3. The property could be used in accordance with the existing regulations and has a

reasonable economic use as currently zoned M-3 and INST; however, an alternative use

is appropriately considered.

4. The development if approved and constructed is not expected to result in a use which will

or could cause an excessive or burdensome use of existing streets, transportation

facilities, utilities, or schools.

5. The proposal is in conformity with the policy and intent of the comprehensive plan

including the character area map and future land use plan map.

6. The proposal is considered appropriate in view of existing use(s) and zoning of the

subject property and nearby properties.

7. No determination has been made by staff with regard to the value differential between

development under the current zonings as opposed to PUD.

8. A proposed development will not be a deterrent to the value or improvement of

development of adjacent property in accordance with existing regulations.

9. There are no known adverse effects that would result from the change in zoning district

map, or change in use, on the character of a zoning district.

10. Development as proposed is not expected to impact on the environment, including but not

limited to, drainage, soil erosion and sedimentation, flooding, air quality and water

quality. Compliance with city subdivision and land development regulations will be

required, which include but are not limited to soil erosion and sedimentation, stormwater,

and flood damage prevention.

SECTION 2. LEGAL DESCRIPTION AND CONDITIONS.

The rezoning of the subject parcels, as shown on Exhibit “A” and as legally described in Exhibit

“B”, from Flowery Branch M-3 (Multi-Family Residential) and INST (Institutional) to Flowery

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Branch PUD (Planned Unit Development). Conditions as set forth in Exhibit “C”. Said Exhibits

are incorporated by reference as if fully set forth herein.

SECTION 3. AMENDMENT OF THE ZONING MAP.

This Ordinance is enacted as an amendment to the Zoning Map of Flowery Branch, Georgia.

Accordingly, the Zoning Administrator is hereby authorized to update the Official Map consistent

with Article 3 of the Zoning Ordinance.

SECTION 4. SEVERABILITY.

Should any section or provision of this Ordinance be declared invalid or unconstitutional by any

court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as

a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE.

The effective date of this Ordinance shall be upon adoption by the City Council of the City of

Flowery Branch, Georgia.

SECTION 6. REPEALER.

All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the

conflict.

Adopted this 21st day of December 2017.

___________________________

James M. Miller, Mayor

ATTEST

________________________________

Melissa McCain, City Clerk

APPROVED AS TO FORM

________________________________

E. Ronald Bennett, Jr., City Attorney

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Exhibit “A”

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Exhibit “B”

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Exhibit “C”

1. The development shall be consistent with the submitted site plan.

2. Homes shall be consistent with the submitted elevations.

3. Changes to the approved plan shall be deemed “Major” or “Minor” by City staff

A. Major changes shall be acted upon by City Council and shall include, but not limited

to, the following:

1) An increase or decrease of 3 or more homes

2) An excessive change in exterior home design and/or materials

B. Minor changes shall be acted upon by City staff and shall include, but not be limited

to, the following:

1) Setback reduction not exceeding 5 feet

2) An increase or decrease of 2 or less homes

3) Exterior changes that are not shown in the submitted elevations but are consistent

with the overall theme of the homes.

4) Setback encroachments of decks, patios, and stairs not to exceed 5 feet

5) Reduction of sidewalk width to 4 feet if necessary

6) Approval of alternate home design that incorporates a ranch style layout

a) Must meet all setback requirements

b) Materials must be consistent with the rest of the subdivision

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EXECUTIVE SUMMARY

SUBJECT: Consider Annual Appointments


HISTORY:See staff report

FACTS AND ISSUES:

OPTIONS:




SAMPLE MOTION: I make a motion to approve Bill Andrew as the City Manager, Melissa McCain as the City Clerk and Carothers andMitchell as the City Attorney




ATTACHMENTS 2018 Appointments.pdf

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EXECUTIVE SUMMARY

SUBJECT: Appoint of City Officers DATE: September 21, 2017 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- COUNCIL ACTION REQUESTED ON: December 21, 2017

PURPOSE: Appoint City Manager, City Clerk and City Attorney for the 2018 calendar year per the Flowery Branch Charter Article VIII HISTORY: City Manager Andrew has been with the City for 11 years; City Clerk McCain has served 10 years with the City and Carothers and Mitchell has served as the City’s Attorney for 12 years. FACTS & ISSUES: Below is a copy of Article VIII. – “Appointed Officers” from the City Charter.

Sec. 8.1. - City Manager. The city manager shall be the chief administrative officer of the city and is responsible

for the implementation of all policies, programs, contracts, ordinances, and resolutions as approved and directed by the city council. (a) The city manager shall be appointed by majority vote of the city council. (b) The city manager shall satisfy all qualifications prescribed by the city council. (c) No person holding an elective office in the City of Flowery Branch shall be eligible for

appointment during the term of office for which he or she was elected or within three years after the expiration of his or her term of office.

(d) Whenever the office of city manager is vacant, an acting city manager may be appointed by majority vote of the city council.

(e) The city manager or acting city manager shall be an employee at will and may be removed by a majority vote of the city council.

(f) The city council shall fix the city manager's compensation. (g) The city manager shall be responsible for:

(1) The management and coordination of the operations and activities of the various departments of the city;

(2) The appointment, discipline, and removal of department heads; (3) The preparation of the proposed annual budget with the assistance of all

department heads for the adoption by the city council; (4) Keeping the city council fully advised at all times as to the financial condition and

needs of the city; (5) Conducting studies and investigations and making reports thereon to the city

council concerning the operations of the departments, offices, and agencies of the city;

(6) Requiring any department, board, commission, or agency under the city manager's supervision to submit written reports and to provide other information deemed necessary;

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(7) Prescribing, requiring, publishing, and implementing standards of administrative management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city which are subject to the city manager's supervision;

(8) Acting as the purchasing agent of the city; and (9) Such responsibilities as may be from time to time required by the city council

which are not inconsistent with state laws, city ordinances, or this charter. (h) Except for the purpose of inquiry and investigation, the mayor and council members

shall deal with city employees who are subject to the supervision of the city manager solely through the city manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

Sec. 8.2. - City Clerk. (a) The city clerk shall be appointed by majority vote of the city council. (b) The city clerk shall be responsible for:

(1) Keeping and preserving the city seal and all records of the operations and activities of the city; (2) Attending meetings of the city council and preparing minutes of its proceedings at such meetings; (3) Attesting the mayor's signature on deeds, contracts, agreements, ordinances, and resolutions; (4) Preparing and certifying copies of official records in his or her office, for which fees may be prescribed by state law or city ordinance; (5) Providing administrative support to the mayor, council members, and city manager; and (6) Performing such other duties as may be directed by the city council.

Sec. 8.3. - City Attorney. (a) The city attorney shall be appointed by majority vote of the city council. (b) The city attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications prescribed by the city council. (c) The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the city council as directed; shall advise the mayor, council members, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney or as may be prescribed by the city council.

OPTIONS: Approval or suggest other appointments

RECOMMENDED SAMPLE MOTION: I make a motion appoint Bill Andrew as the City Manager, Melissa McCain as the City Clerk and Carothers & Mitchell as the representing Attorney.


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EXECUTIVE SUMMARY



HISTORY:See attached Executive Summary

FACTS AND ISSUES:See attached Executive Summary

OPTIONS:To not include a finding for this budget overage, the Auditor will need to have the Council approve the amendmentbefore issuing the audit report. Therefore, it is recommended to approve the amendment.



RECOMMENDATION:Approval of this amendment.

SAMPLE MOTION: I motion for the City Council to authorize an increase of the the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenueand resulting expenditures by $5,000.00 for a total budget of $50,730.00.




ATTACHMENTS City Council Executive Summary FY17.doc 17-012 Resolution Amended Budget.doc

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EXECUTIVE SUMMARY


DATE: December 15, 2017 (X) RECOMMENDATION( ) POLICY DISCUSSION

BUDGET INFORMATION: ( ) STATUS REPORTANNUAL- ( ) OTHERCAPITAL-

COUNCIL ACTION REQUESTED ON: Authorization for the City Council to increase of the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenue and resulting expenditures by $5,000.00 for a total budget of $50,730.00.

PURPOSE: To amend the FY 2017 budget so as to follow State Law, which requires a balanced budget for local governments.

HISTORY: $34,521 – FY 2012 $46,002 – FY 2015

$41,731 – FY 2013 $48,349 – FY 2016

$43,375 – FY 2014 $50,730 – FY 2017

FACTS AND ISSUES: At $50,730.00, the expenditures of the Hotel/Motel Fund currently exceed the budget by $4,730.00. Although this appears to be a minor amount, it is over 10% of the approved budget of $46,000.00. (If it was less than 3% over budget we could consider it immaterial and move forward without an audit finding.)

The overage is due to the City collecting more tax than anticipated and therefore paying a larger amount out as required. It is suggested we make a budget amendment for a round amount of $5,000 for simplicity.

OPTIONS: To not include a finding for this budget overage, the Auditor will need to have the Council approve the amendment before issuing the audit report. Therefore, it is recommended to approve the amendment.

RECOMMENDED SAMPLE MOTION: I motion for the City Council to authorize an increase of the the Fiscal Year 2017 Budget’s Hotel/Motel Fund revenue and resulting expenditures by $5,000.00 for a total budget of $50,730.00.

Note: The Hotel/Motel Tax is broken down as follows – There is a 5% room tax of which we keep 60% and the Lake Lanier Convention Visitor’s Bureau (LLCVB) receives 40%. These figures represent the 40% which is expended to the LLCVB.

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Prepared by: Bill Andrew

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RESOLUTION 17-012

TO AMEND THE BUDGET FOR FISCAL YEAR 2017 AS PREVIOUSLY ADOPTED ON JUNE 16, 2016

WHEREAS, Georgia law, generally accepted accounting standards for local governments and sound governmental financial management all require local governments to establish and maintain an annual balanced budget for the City’s fiscal year, and that said budget be adopted by a resolution or ordinance of the governing authority; and

WHEREAS, a budget is balanced when the sum of estimated revenues and appropriated fund balances is equal to expenditure/expense appropriations for each applicable fund; and

WHEREAS, the Mayor and Council adopted a lawful budget for Fiscal Year 2017 on June 16, 2016; and

WHEREAS, the budget, as adopted, establishes legal spending limits that may not be exceeded unless the budget is amended by the governing authority; and

WHEREAS, revenue estimates and governmental needs change during the course of the fiscal year; and

WHEREAS, amendment to the budget is authorized under O.C.G.A. 36-81-3 (d) and is accepted local government financial practice; and

WHEREAS, any amendment to the budget must maintain a balanced budget and must be legally adopted by the governing authority;

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Flowery Branch that the budget for Fiscal Year 2017 is hereby amended and balanced by recognizing the following:

Amend departmental budgets within the General Fund without increasing the overall General Fund Revenue and Expenditure budgets. Amendment complies with Council approved expenditures throughout FY 2017.

BE IT FURTHERMORE RESOLVED that this budget amendment is hereby adopted.

SO RESOLVED this 21st day of December, 2017.

____________________________________Attest: James M. Miller

__________________________________Melissa McCain, City Clerk

Approved as to form:

__________________________________E. Ronald Bennett, Jr., City Attorney

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