Minutes - City of Flowery Branch

CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
CALL TO ORDER - PUBLIC HEARING:
Mayor Mike Miller opened the Public Hearing at 6:04 p.m.
IN ATTENDANCE:
Mayor Mike Miller and Council Members: Joe Anglin, Mary Jones and Fred Richards. Also in
attendance were City Manager Bill Andrew, City Director of Planning and Community Development
John McHenry, City Finance Director Jeremy Perry, City Clerk Melissa McCain and , City Attorney
Ron Bennett.
ABSENT: Council Member Damon Gibbs and Council Member Tara Richards
PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance.
PUBLIC HEARING:
Mayor Miller explained the procedures for Public Hearings in the City of Flowery Branch.
a. Public Hearing - Ordinance 488 - Annexation of 5701 Hog Mountain Road
Director of Planning and Development John McHenry reviewed items a-d together.
In summary Director McHenry advised that Vulcan Construction Materials was requesting the
annexation and rezoning of approximately 41 acres of property located at 5701 and 5673 Hog Mountain
Road for future mining activities.
Continuing, Director McHenry stated that the request further included a conditional use permit that
matches the current conditional use permit that was included in the original 2006 ordinance. These
conditions include regulations on hours of operation, sound level monitoring, fencing, screening and
berm conditions.
The requested zoning is Manufacturing & Industrial, Heavy (M-2)
It was further noted that the applicant is not proposing any additional access points and will continue the
current outreach program.
Flowery Branch Attorney Ron Bennett reviewed the procedure for public hearings.
In favor of the application:
Jimmy Fleming, Vulcan Construction Materials Vice President.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
Mr. Fleming approached the Council and reviewed Vulcan’s history and advised that Vulcan conducts
quarterly meetings for the local residents as well as calls all local residents to warn of an upcoming
blasting session.
Continuing Mr. Fleming addressed some citizen concerns and advised that that statistics show that if a
quarry is run properly property values do not decrease. Mr. Fleming further stated that Vulcan is not
requesting any entrances to the site off of Hog Mountain Road.
Councilman Fred Richard inquired on the frequency of blasting. Mr. Fleming advised that it depends on
the demand but typically the blast schedule is one blast per week.
Bill Ottaway, Vulcan District Sales Manager and local resident.
Mr. Ottaway approached the council and advised that Vulcan is committed to outreach and their
philosophy is to be part of the community not just in the community. Mr. Ottaway reviewed the
numerous schools and organizations that Vulcan actively supports.
Opposed to the application:
Debbie Callahan, 5712 Hog Mountain Road, Flowery Branch, GA. 30542
Ms. Callahan advised that she lived directly across the street from the quarry and that she has been
dealing with the blasting and other effects of the quarry for the past 30 years. Being within 1500 feet of
the pit her family endures regular blasting, dust, noise and odors from the asphalt plant.
Continuing, Ms. Callahan expressed concerns with the new proposal and being within 200 feet of the pit
operations and the effects it will have on her and her family.
Ms. Callahan expressed concerns with the quality of life, decreased water table, decreased property
values, aesthetic values with the proximity to Hog Mountain Road.
Ms. Callahan suggested a larger buffer, walking path and more landscaping.
Mike Callahan, 5712 Hog Mountain Road, Flowery Branch, GA. 30542
Mr. Callahan approached the council and advised that he had attended some good meetings with Vulcan
representatives and that the community needs the jobs and tax dollars that are created because of the
quarry but that he is not in favor of the pit being only a couple hundred feet from the road.
Mr. Callahan suggested mining in another part of the quarry that was already zoned for mining and was
located away from the residential area.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
Further, Mr. Callahan expressed concerns with property values, water and air quality, noise and
entrances added to Hog Mountain Road.
Jerry Corwin, 5720 Hog Mountain Road, Flowery Branch, GA. 30542
Mr. Corwin approached the council and advised that he had built his home 37 years ago but had to sell
the property as his wife and daughter started having breathing issues due to the quarry mining.
Mr. Corwin advised that he was concerned with the property his daughter had in the area of the quarry
and advised that the blasting has been worse in recent years.
Matthew Parsons, 6212 Turnberry Lane, Flowery Branch, GA. 30542
Mr. Parsons approached the council and advised that he can feel the blasts and that he has concerns with
the dust levels and inquired on the benefit to the community.
Rebuttal:
Mr. Fleming reviewed a map of the property and advised that Vulcan can consider moving the berms
25-75 from the property line with the addition of occasional landscape islands. The berms proposed will
be 15-20 feet high and can include pines or Leland Cypress trees as screening and sidewalks can be
considered as they have been installed at other locations.
Mr. Fleming further advised that blasting is not proposed within 300 feet of Hog Mountain Road and
that blasting is highly regulated by the State of Georgia with all blasts recorded using six separate
seismographs throughout the community.
Consideration to mine in other areas of the quarry has been considered but ruled out as the rock in those
other areas is not of sufficient quantity or quality to justify mining in those areas.
Councilmember Anglin requested an actual rendering of the proposed landscaping and inquired on the
life of the quarry.
Mr. Fleming advised that the current life is 15-20 years and this annexation and rezoning would double
that life.
One resident expressed concerns with the timing of the notice of the annexation and rezoning and
requested that more than a two week notice be issued to residents affected but zoning issues such as this.
Pam Puckett, 3516 Friendship Road
Ms. Puckett advised that Vulcan owns twenty pieces of property and the property values of the
residential properties decreased as much as 50% surrounding those properties.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
b. Public Hearing - Ordinance 489 – Rezoning of 5701 Hog Mountain Road
Discussed with item a
c. Public Hearing - Ordinance 490 - Annexation of 5673 Hog Mountain Road
Discussed with item a
d. Public Hearing - Ordinance 491 – Rezoning of 5673 Hog Mountain Road
Discussed with item a
ADJOURNMENT PUBLIC HEARING:
Mayor Miller closed the public hearing at 7:36 p.m.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
CALL TO ORDER - WORK SESSION:
Mayor Mike Miller opened the Work Session at 7:36 p.m.
UNFINISHED BUSINESS: None
NEW BUSINESS:
There was no further discussion necessary and there was a consensus to place items a-d on the March 6,
2014 Flowery Branch Voting Session Agenda for further consideration.
a. Discussion - Ordinance 488 - Annexation of 5701 Hog Mountain Road – Vulcan Materials.
b. Discussion - Ordinance 489 – Rezoning of 5701 Hog Mountain Road – Vulcan Materials.
c. Discussion - Ordinance 490 - Annexation of 5673 Hog Mountain Road – Vulcan Materials.
d. Discussion - Ordinance 491 – Rezoning of 5673 Hog Mountain Road – Vulcan Materials.
e. Consider the February 6, 2014 Meeting Minutes
Clerk McCain advised that there were no changes.
There was a consensus to place the February 6, 2014 Meeting Minutes on the March 6, 2014 Flowery
Branch Voting Session Consent Agenda for further consideration.
DEPARTMENT REPORTS:
City Manager Report
City Manager Bill Andrew advised that Hall County has requested a meeting with the municipalities on
March 24, 2014 at 5:30 p.m. to discuss SPLOST XII.
City Finance Director Report
Finance Director Jeremy Perry reviewed third quarter financial/budget status.
City Director Planning and Community Development Report
City Planning Director John McHenry reviewed proposed plans for a 100 x 20 ft. mural to be located on
the wall between the Flowery Branch Depot and the Growler Store on Main Street. Estimated cost
$6,100.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
City Clerk Report

Event Schedule
City Clerk Melissa McCain reviewed the 2014 Event Schedule for Main Street.
There was a consensus to place the approval for the 2014 Event Schedule on the March 6, 2014 Consent
Agenda for further consideration.
City Attorney Report
No report
Council Report
Mayor Miller commended staff on their hard work with maintaining the city roadways.
ADJOURNMENT WORK SESSION:
Mayor Miller adjourned the Work Session at 7:56 p.m.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
CALL TO ORDER - VOTING SESSION:
Mayor Miller opened the Voting Session at 7:56 p.m.
PUBLIC COMMENTS: (2 minutes per person)
There were no public comments.
CONSENT AGENDA:


Approve February 6, 2014 Meeting Minutes
2014 Event Schedule
There was a motion made to add the 2014 Event Schedule to the Consent Agenda and approve the
Consent Agenda as amended.
MOTION:
Joe Anglin
SECOND:
Fred Richards
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
UNFINISHED BUSINESS:
There was no unfinished business.
NEW BUSINESS:
a. Consider first reading of Ordinance 488 - Annexation of 5701 Hog Mountain Road – Vulcan
Materials.
Attorney Bennett read the caption of Ordinance 488 – Annexation of 5701 Hog Mountain Road.
There was a motion made to approve the first reading of Ordinance 488.
MOTION:
Joe Anglin
SECOND:
Mary Jones
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
b. Consider first reading of Ordinance 489 – Rezoning of 5701 Hog Mountain Road – Vulcan
Materials.
Attorney Bennett read the caption of Ordinance 489 – Rezoning of 5701 Hog Mountain Road.
There was a motion made to approve the first reading of Ordinance 489.
MOTION:
SECOND:
Joe Anglin
Fred Richards
Discussion: It was noted for the public that the approval of the first reading on these items does not
entail finality and that the ordinances can change between readings.
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
c. Consider first reading of Ordinance 490 - Annexation of 5673 Hog Mountain Road – Vulcan
Materials.
Attorney Bennett read the caption of Ordinance 490 – Annexation of 5673 Hog Mountain Road.
There was a motion made to approve the first reading of Ordinance 490.
MOTION:
Joe Anglin
SECOND:
Mary Jones
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
d. Consider first reading of Ordinance 491 – Rezoning of 5673 Hog Mountain Road – Vulcan
Materials.
Attorney Bennett read the caption of Ordinance 491 – Annexation of 5673 Hog Mountain Road.
There was a motion made to approve the first reading of Ordinance 491.
MOTION:
SECOND:
Joe Anglin
Fred Richards
Discussion: Councilman Anglin advised that he was approving the first readings with the
understanding that the concerned residents and Vulcan Construction would continue discussions and
negotiations.
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CITY OF FLOWERY BRANCH
Council Meeting
Meeting Minutes
Thursday March 6, 2014 6:00 PM
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
EXECUTIVE SESSION:
There was a motion made at 8:04 p.m. to enter Executive Session for potential litigation and real-estate.
MOTION:
Joe Anglin
SECOND:
Mary Jones
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
There was a motion made to exit Executive Session at 8:38 p.m.
MOTION:
Mary Jones
SECOND:
Fred Richards
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
ADJOURNMENT:
There was a motion made to adjourn at 8:39 p.m.
MOTION:
Joe Anglin
SECOND:
Mary Jones
AYES:
Joe Anglin, Mary Jones and Fred Richards
NAYS:
None
Motion carried
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