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. Page 1 of 9 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. Page 2 of 9 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. Page 3 of 9 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. Page 4 of 9 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. Page 5 of 9 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. Page 6 of 9 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 Page 7 of 9 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. Page 8 of 9 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 Page 9 of 9
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