Demorest The Hear! ofHabersham  Demorest City Council Regular Session and Public Hearing Demorest Municipal Conference Center . 250 Alabama St Demorest, GA. 30535  Tuesday, June 4, 2024 . 7:00 P.M.  ATTENDEES:  Shawn Allen, Councilman Donnie Bennett, Councilman Jerry Harkness, Mayor Jimmy Davis, Councilman  Andrew Ferguson, Councilman Megan Chastain, City Clerk Thomas Mitchell, City Attorney Mark Musselwhite, City Manager  The. June 4, 2024 Regular Session and Public Hearing was heldi ini the Demorest Municipal Conference  Center located at 250 Alabama Street.  1. INVOCATION  Mayor Harkness opened the meeting by leading in prayer.  2. CALL1 TO ORDER  Mayor Harkness called the meeting to order at 7:28 p.m.  3. APPROVAL OF AGENDA  Mayor Harkness requested to add PARKING AGREEMENT WITH PIEDMONT UNIVERSITY, REVIEW AND APPROVAL OF THE PLAT CHANGES TO TRACT 1 AND TRACT2 ON WEST' VIEW PLACE, SWEETGRASS PLAT, APPROVAL OF LEAD AND COOPER RFP AND NEW DDA MEMBERS to the agenda. Harkness called for a vote. A motion was made by Councilman Bennett to accept the agenda as amended and was ACTION: The motion to approve the agenda as amended was unanimously approved (4-0). 4. APPEARANCE & PUBLIC COMMENT (please limit your comment to 2 minutes)  seconded by Councilman Davis.  Barry Wikle at: 151 Ivy Sts spoke about some water concerns hei is experiencing from water washing behind the fire department onto his property and water washing from the storage building and iti is  damaging the road as well as his property. He is asking for the city's help.  5. PUBLIC HEARING:  The City of Demorest willl hear thei following request on Tuesday, June 4, 2024, at7:00 p.m. at 250 Alabama Street, Demorest, Georgia. Property located at in Hancock Meadows Subdivision, Demorest, Georgia, 30535, consisting ofl Lot1, Lot 3, Lot 36, and Lot 60. Chad Black requests a variance from the requirements of Section 30-138 oft the  City Code for lots size and setbacks regarding residential use within  1Page    the High Intensity Performance District. Habersham County tax parcel numbers 078 087E, 078 087G, 078007S and 078 006K. All interested parties are invited to attend and be heard. If you have questions or concerns regarding this application or need special accommodations, then please contact Megan Chastain, City Clerk, at Mr. Mitchell opened the public hearing for each parcel. Mayor and Council had a brief discussion with Lot: 1-H Has current 35' front setback. Asking for 10' variance, making this setback 25. They would like to move it forward in order to remove a large sub wall at the rear of the home which makes the lot unfeasible to build as is. Mayor Harkness called for a motion to approve the variance for lot 1. Councilman Ferguson made the motion and Councilman Bennett seconded. Councilman Allen and  (706)778-4202.  lots of questions and comments regarding the variance requests below.  Davis were not in favor. Mayor Harkness voted yes as thet tie breaker. ACTION: The motion to approve the variance for lot 1 was approved.  Lot 3-H Has current 20' setback. Asking for 5' variance, making this set back 15. They would like to move it forward in order to remove a large sub wall at the rear of the home which makes the lot unfeasible to build asi is. Mayor Harkness called for a motion to approve the variance for lot 3. Councilman Bennett made the motion to approve the variance for lot 3 and there was no second. The Lot 36- - Has current 20' setback. Asking for 5' variance, making this set back 15'. They are asking to move it closert to the street because the setback does not allow a feasible plan to get retaining walls along back side ofl lot. Mayor Harkness called for a motion to approve the variance for lot 36. Councilman Bennett made the motion and Councilman Ferguson seconded. Councilman Davis was not Lot 60- - Has current 20' setback. Asking for 5'variance, making this set back 15. They would like to move the home forward in order to remove al large sub wall or turndown slab at the rear oft the home which makes the lot unfeasible to build as is. Mayor Harkness called for a motion to approve the variance for lot 60. Councilman Bennett made the motion and Councilman Allen seconded. Councilman Davis and Ferguson were not in favor. Mayor Harkness voted yes as the tie breaker. ACTION: The motion to approve the variancej for lot 60 was approved.  motion failed.  ACTION: The motion to approve the variance, for lot 3j failedj for lack of a second.  int favor.  ACTION: The motion to approve the variance for lot. 36 was approved.  6. APPROVAL OF MINUTES: May 7  Mayor Harkness called for a motion to accept the May 7 minutes as presented. A motion to accept the minutes as presented was made by Councilman Allen and was seconded by Councilman Ferguson. ACTION: The motion to accept the minutes as presented was unanimously approved (4-0).  2/Page    7. CONSIDERATION OF CEMETERY ORDINANCE (2d READING)  After the discussion made ini the Work Session to make a few modifications, Mayor Harkness called for a motion to accept the cemetery ordinance as modified. A motion to accept the cemetery ordinance as modified was made by Councilman Ferguson and was seconded by Councilman Allen. ACTION: The motion to approve the cemetery ordinance as modified was unanimously approved (4-0).  8. CONSIDERATION OF INSURANCE LICENSE FEE ORDINANCE (2nd READING)  Mayor Harkness indicated that this license fee ordinance is provided to us by GMA. Harkness called for a motion to accept the ordinance as written by GMA. A motion was made by Councilman Allen to approve thei insurance license fee ordinance and was seconded by Councilman Ferguson. ACTION: The motion to approve the insurance license fee ordinance was unanimously approved (4-0).  9. CONSIDERATION OF BUILDING REGULATIONS CODE UPDATE (2nd READING)  This is cleaning up the current ordinance to allow the code enforcement officer to be able to do their job. Mayor Harkness called for a motion. A motion was made by Councilman Allen to approve the ACTION: The motion to approve the Building Regulations Code Update was unanimously approved (4-  Building Regulations Code Update and was seconded by Councilman Bennett.  0).  10.CONSIDERATION OF BUSINESS LICENSE ORDINANCE (2d READING)  This is cleaning up the current ordinance. Mayor Harkness called for a motion. A motion was made by Councilman Bennett to approve the Business License Ordinance as written and was seconded by ACTION: The motion to approve the Business License Ordinance as modified was unanimously approved  Councilman Davis. (4-0).  11.CONSIDERATION OF ADDITIONAL LMIG FUNDS  GDOT is offering a onetime LRA Grant (also called the 2024 LMIG Supplemental.ltisatransportation grant that does not require a 30% match from the local government. We are eligible for $46,518.43. The deadline is. June 151 to apply. The city staffisr requesting to repave and mill 480ft of Laurel Avenue, 350ft of Alabama Street, 345ft of Florida Street, 483ft ofJ Johnny Mize Drive and patch 40ft and 390ft of Fisk Avenue. Mayor Harkness called for a motion to move forward with the agreement presented. The ACTION: The motion to move. forward with the agreement presented was unanimously approved (4-0).  motion was made by Councilman Allen and was seconded by Councilman Ferguson.  3Page    12.PARKING AGREEMENT WITH PIEDMONT UNIVERSITY  After the discussion during the work session, Mayor Harkness called for a motion to enter into the presented parking agreement with Piedmont University. The motion was made by Councilman Bennett ACTION: The motion to enter into the presented parking agreement with Piedmont University was  and was seconded by Councilman Allen. unanimously approved (4-0).  13. REVIEW AND APPROVAL OF THE PLAT CHANGES TOTRACT1/ AND TRACT20 ON WESTVIEW PLACE After the discussion during the work session, Mayor Harkness called for a motion to approve. The motion was made by Councilman Allen and was seconded by Councilman Ferguson. ACTION: The motion to approve was unanimously approved (4-0).  14.5WEETGRASS PLAT  After the discussion during the work session, Mayor Harkness called for a motion to make the modification. The motion was made by Councilman Allen and was: seconded by Councilman Davis. ACTION: The motion to make the modification was unanimously approved (4-0).  15.APPROVAL OF LEAD AND COOPER RFP  Mayor Harkness called for a motion to accept the Lead and Cooper RFP presented. The motion was ACTION: The motion to accept the Lead and Cooper RFP presented was unanimously approved (4-0).  made by Councilman Allen and was seconded by Councilman Ferguson.  16.NEW DDA MEMBERS  DDA recommend Patti Davis and Jamie Allred serve as members of DDA. Mayor Harkness called fora motion to accept those recommendations to DDA. The motion was made by Councilman Ferguson and ACTION: The motion to accept Patti Davis and. Jamie Allred as members of DDA was unanimously  was seconded by Councilman Davis.  approved (4-0).  17.MANAGER'S REPORT & REVIEW OF FINANCIALS  July 4th Update  Jamie signed lease for upstairs. DDA will review it tomorrow.  Insurance Premiums due in October Baldwin Water Rate Increase July 1.  Land Use Update Wall Update  4Page    The monthly Water Department, WWTP, Fire Department and Police Department report  Areview oft the April financials  18.APPEARANCE & PUBLIC COMMENT (please limit your comment to 2 minutes) 19.CONSIDERATION OF MOTION TO ENTER INTO EXECUTIVE SESSION (if needed)  There was no public comment.  Amotion was made by Councilman Bennett and was seconded by Councilman Davis to adjourn and reconvene in Executive Session for the purpose of discussion of potential litigation. This portion ofthe  Work Session adjourned at 8:27 p.m.  Amotion was made by Councilman Bennett and was seconded by Councilman Allen to come out of Executive Session and reconvene in Work Session. The motion was unanimously carried, and the  Regular Session reconvened at 8:47 p.m.  20.MOTION TO ADJOURN  Amotion to adjourn was made by Councilman Allen and was seconded by Councilman Ferguson. The  motion was unanimously approved. The meeting adjourned at 8:47 p.m.  DEMO SEAL ERSHAM  - Mayor  A4  Demorèst City Clerk  5Page