Demorest The Heart ofHabersham City of Demorest City Council Meeting Regular Session Minutes Demorest Municipal Building Tuesday, July 19, 2022,7:00P.M. ATTENDEES Shawn Allen, Councilman John Hendrix, Councilman Jerry Harkness, Mayor Andrew Ferguson, Councilman Thomas Mitchell, City Attorney Kim Simonds, City Manager The. June 19, 2022, Demorest City Council meeting was held in the Demorest Municipal Building located at: 125 Ivy Street. AGENDA ITEM!: INVOCATION AND PLEDGE TO THE FLAG Mayor Harkness opened the meeting by leading in prayer and the pledge to the flag. AGENDA ITEM I: CALLTO ORDER Mayor Harkness called the meeting to order at 7:00 p.m. AGENDA ITEM Il: APPROVAL OF AGENDA Mayor Harkness asked that we add APPEARANCE. AND PUBLIC COMMENTS after APPROVAL OF MINUTES. A motion to approve the agenda as amended was made by Councilman Allen and seconded ACTION: The motion to approve the agenda as amended (adding APPEARANCE, AND PUBLIC by Councilman Hendrix. COMMENTS) was unanimously approved (3-0). AGENDA ITEM IV: APPROVAL OF MINUTES: JUNE 7, 2022 Mayor Harkness asked if there were changes to be made to the minutes as presented from the. June 7, 2022 meeting. A motion to approve the minutes as presented was made by Councilman Allen and was ACTION: The motion to approve the agenda as presented was unanimously approved (3-0). seconded by Councilman Hendrix. AGENDA ITEMV V: APPEARANCE AND PUBLIC COMMENTS There were none. 1IPage AGENDA ITEM VI: CONSIDERATION OFI IGAI FOR ROADS & BRIDGES SPLOST the IGA was made by Councilman Allen and was seconded by Councilman Hendrix. Mayor Harkness asked for a motion to accept the IGA for Roads & Bridges SPLOST. A motion to approve ACTION: The motion to approve the IGA for Roads & Bridges SPLOST as presented was unanimously approved (3-0). AGENDA ITEM VII: CONSIDERATION OF TALLULAH FALLS WATER RATE Council made a decision in the work: session to allow Ms. Simonds to speak with Tallulah Falls city manager regarding this agenda item. Mayor Harkness asked for a motion. A motion to table this agenda item was made by Councilman Hendrix and seconded by Councilman Ferguson. ACTION: The motion to table the CONSIDERATION OF TALLULAH FALLS WATER RATE was unanimously approved (3-0). AGENDA ITEM VIII: MAINE STREET ONE WAY Councilman Ferguson reviewed the multiple traffic concerns that Council and residents have been discussing during the last few meetings. Mayor Harkness asked for a motion. Councilman Ferguson made a motion that traffic flows one way from Long Street to Palmer Alley and Palmer Alley to Demorest-Mt. Airy. The motion was seconded by Councilman Hendrix. ACTION: The motion that traffic flows one way from Long. Street to Palmer Alley and Palmer. Alley to Demorest-Mt. Airy was unanimously approved (3-0). AGENDA ITEM IX: GEORGIA STREET TRAFFIC ISSUES As discussed in the Work Session, Robin will increase patrols. AGENDA ITEM X: CONSIDERATION OF STORMWATER/EROSION ORD 2ND READING As discussed in the Work Session, this agenda item will be tabled. Councilman Hendrix made a motiont to table Consideration of Stormwater/Erosion Ordinance and was seconded by Councilman Ferguson. ACTION: The motion to table ConsiderationofStormwoter/Erosion Ordinance was unanimously approved (3-0). AGENDA ITEM XI: PUBLIC HEARING FOR WISCONSIN STREET Attorney Mitchell said as drawn on the original plat, the center lot line would create a non-conforming lot. Thei issue is whether the line on the original plats still applies. The law says when properties have been bought and sold repeatedly as one large lot (combining the original lots) the original dividing lot lines become irrelevant. He said if Council grants the variance a non-conforming lot will be created. He also said there may be a way to draw a new line that would still allow fora a conforming use. There is nothing to keep Council from granting the variance, but it may set a precedence for other areas in the City of Demorest. Mr. Smith asked Council to refer to the ordinances (section 31-138) and to consider the purpose of the code and the spirit of the code. He said the house that he would be putting on1 tract A would be about 25 feet from Demorest Church of God, approximately 101 feet from the side lots and 2Page about 701 feet fromi the street. Councilman Hendrix asked if the line can be redrawn sO that the existing structure isa a full 61 feet from any of the lines. Mr. Smith said that could be done. Ms. Simonds said that asarule, the City has not allowed for the change of lot lines. Mr. Mitchell said this would be setting a precedent. No one spoke in favor of or against the application. Councilman Hendrix made a motion to ACTION: The motion to deny the variance failed due to lack ofa third vote since Councilman Ferguson Councilman Ferguson said thati if Mr. Smith is willing to move the line and take al little off lot 15, he doesn'ts see a problem. Council recommends he move the line 6i inches and re-present at al later deny the variance and was seconded by Councilman Allen. refused to vote either way. meeting. AGENDA ITEM XII: PUBLIC HEARING FOR ARLINGTON STREET Mr. Mitchell presented the seventeen critical standards and the draft of proposed conditions Council decided during the Work Session. Dave Sleepy (developer) said they could meet the conditions but requested clarification on condition eleven. Ms. Simonds presented the five conditions listed in the ordinance for multifamily or apartment dwellings. No one spoke in favor oft the application. The following residents spoke their concerns against the 48-unit apartment complex: Theresa and Frank Dean, Jimmy Davis and. Jimmy Smith. Dave Sleppy and. Joe Sleppy tried to address all concerns and said they are open to any ideas including town homes but that they want to move forward and do the best they can for the community. Mr. Mitchell recommended adding to the conditions that dumpsters should be at least 60f feet from adjacent properties and applicants shall install sewer lines to service this site at their own expense and the design should be subject to review by the Public Works Director. A motion was not made. AGENDA ITEM XIII: PUBLIC HEARING FOR N. HAZEL Attorney Mitchell presented the request. Sean Ruth requests to build two townhomes to sale. Mayor Harkness wants to add a condition that prior to building permits, a subdivision plan would be submitted for each side of the tax parcel. Mr. Ruth would need to present a separate survey for each townhome. Mayor Harkness reminded the developers that at least two parking spots would be required for each unit and a property line could not "run" through a parking space. Mr. Mitchell asked thati they table this tot the. August meeting sO that he can make sure the conditions are written correctly. No one spoke in favor of ora against the application. Councilman Allen made ar motion to table the request for conditional use on 270 N. Hazel Ave until the regular meeting on August 2, 2022 and was seconded by Councilman ACTION: The motion to table the request for conditional use on 270 N. Hazel Ave until the regular AGENDA ITEM XIII: CONSIDERATION OF MOTION TO ENTER INTO EXECUTIVE SESSION (if needed) Ar motion was made by Councilman Allen and was seconded by Councilman Hendrix to adjourn and re- convene in Executive Session for the purpose of discussion of personnel and pending litigation. This Hendrix. meeting on August 2, 2022 was unanimously approved (3-0). portion of Regular Session adjourned at 8:22 p.m. 3Page A motion was made by Councilman Allen and seconded by Councilman Hendrix to come out of Executive Session and reconvene in Regular Session. The motion was unanimously carried, and Regular Session reconvened at 8:38 p.m. AGENDA ITEM) XVII: MOTIONTOAD/URN An motion to adjournv waspade Hendrix and the motion was seconded by Councilman The meeting adjourned at 8:39 p.m. E MT Demorest City Clerk 4IPage