City of Hogansville City Council Public Hearing & Regular Meeting Agenda Monday, October 7, 2024 - 7:00 pm HOGANSVILLE GEORGIA Meeting will be held at Hogansville City Hall, 1111 High Street, Hogansville, GA 30230 Mayor: Jake Ayers Council Post1 1: Michael Taylor, Jr* 2025 Council Post: 2: Matthew Morgan 2025 Council Post 3: Mandy Neese Council Post 4: Mark Ayers Council Post 5: Kandis Strickland 2027 2025 2027 2027 City Manager: Lisa E. Kelly Assistant City Manager: Niles Ford City Attorney: Alex Dixon Chief of Police: Jeffreys Sheppard City Clerk: LeAnn Lehigh Mayor Pro-Tem Public Hearing - 7:00 pm Public Hearing tol Hear Citizen Comments on the proposed rezoning of acreage owned by Blue Creek Developers, LLC and' The Scarborough Group rezoning portions ofaj previously approved Mixed-Use Development. Regular Meeting -] Immediately Following Public Hearing 1. Call to Order- - Mayor Jake. Ayers 2. Invocation & Pledge Agenda Alli items listed under the Consent Agenda are considered tol be routine ini nature and willl be approved by one blanket motion. 1. Approval of Agenda: Regular Meeting, October 7,2024 2. Approval of Minutes: Public Hearing 10am September 16, 2024 3. Approval of Minutes: Work Session September 16, 2024 4. Approval of Minutes: Public Hearing & Regular Meeting September 16, 2024 New Business 002 1. Ordinance - 1st) Reading - Rezoning - Portions ofTax Parcel Numbers: 0023 0010, 0022 000016, and 00230 001 2. Professional Services Agreement- -FY 2024 CDBG- - Allen Smith Consulting 3. Board Appointment - GICH City Manager's Report Chiefof Police Report Council Member Reports 1. Council Member Taylor 2. Council Member Morgan 3. Council Member Neese 4. Council Member Ayers 5. Council Member Strickland Upcoming Dates & Events October 15,2024- - 6:30 pm! Meeting oft thel Hogansville Historic Preservation Commission at] Hogansville City Hall October 17,2024- -6 6:00 pml Meeting oft the Planning & Zoning Commission October 19 & 20, 2024 Hogansville Hummingbird: Festival - Downtown October 21, 2024- -7:00 pm Regular Meeting oft thel Mayor and Council at October 22, 2024- - 6:30 pm Meeting of the Downtown Development October 26, 2024- -7:00 pm Royal Theater Soft Opening - (tickets may be November 4, 2024- -7:00 pm] Regular Meeting oft thel Mayor and Council at November 9, 2024-7:00 pm Royal Theater Grand GALA Opening Night at thel Royal Theater (tickets may be purchased at proalhaleron at Hogansville City Hall Hogansville Hogansville Cityl Hall Authority at) Hogansville City Hall purchased at www.1 1937royalheater.org Hogansville City] Hall Mayor's Report Adjourn Meeting to be held at Hogansville Cityl Hall, 111 High Street, Hogansville Ga. 30230 HOGANSVILLE 09/16/2024 Meeting held at Hogansville City Hall, 1111 High Street, Hogansville GA 30230 PUBLIC HEARING - 10:00 am Mayor Jake Ayers called the Public Hearing to Hear Citizen Comments on the millage rate to order at Present were Mayor Jake Ayers, Council Member Morgan, Council Member Neese, and Council Member Ayers. Council Member Taylor and Council Member Strickland were not present at the Public Hearing. Candis Collings of Oak Street wanted to verify that the millage rate is not changing, and the reason property taxes are going up are because home values have gone up. Mayor Ayers stated that was correct. 10:00 am. With no other public comments, Mayor Ayers adjourned the Public Hearing at 10:03 am. Respectfully, Lehigh Mag City Clerk Public Hearing - 10am September 16, 2024 HOGANSVILLE GEORGIA 09/16/2024 Meeting held at Hogansville City Hall, 111 High Street, Hogansville GA 30230 Work Session Meeting Call to Order: Mayor. Jake Ayers called the Work Session to order at 6:01 pm. Present were Council Member Michael Taylor, Council Member Matthew Morgan, Council Member Mark Ayers and Council Member Kandis Strickland. Also present were City Manager Lisa Kelly, Assistant City Manager Niles Ford, City Attorney Alex Dixon, Police Chief] Jeffrey Sheppard, and City Clerk LeAnn Lehigh. Council Member Mandy Neese was not present at tonight's Work Session meeting. ORDER OF BUSINESS 1. Parking = City Streets The current parking ordinance states that there is no parking allowed on any City street. This is not feasible due to the fact that there are residences that don'thave driveways in the City or don'thave enough room: for more than one car. However, there have been instances where ambulances and firetrucks aren'table to get through streets because cars are parked on both sides oft the road. City management is asking Council's suggestions on how toi fix the issue. Council agrees that they think aj parking ordinance that states where parking would be allowed on each individual street would be the best option. 2. UDOAmendments City Manager discussed that the current UDO amendments are needed, which Council knew would be expected. Council and City Staffo discussed several areas that may need to be amended, including manufacturing zoning code changes, special use permit changes, and code enforcement found that language in the code does not allow them to enforce code violations. City Management will look at the needed changes and discuss further at al later meeting. Mayor Ayers adjourned the Work Session at 6:56 pm. Respectfully, LeAnn) Lehigh CRr City Clerk September 16, 2024 City of Hogansville City Council Public Hearing & Regular Meeting Agenda Monday, October 7, 2024 - 7:00 pm HOGANSVILLE GEORGIA Meeting will be held at Hogansville City Hall, 111High Street, Hogansville, GA 30230 Mayor: Jake Ayers Council Post 1: Michael Taylor, Jr* 2025 Council Post 2: Matthew. Morgan 2025 Council Post 3: Mandy Neese Council Post 4: Mark Ayers Council Post5 5: Kandis Strickland 2027 2025 2027 2027 City Manager: Lisa E. Kelly Assistant City Manager: Niles Ford City Attorney: Alex Dixon Chief of Police: Jeffrey Sheppard City Clerk: LeAnn Lehigh N Mayor Pro-Tem Public Hearing - 7:00 pm Public Hearing to Hear Citizen Comments on the proposed rezoning of acreage owned by Blue Creek Developers, LLCand' The Scarborough Group rezoning portions ofa previously approved Mixed-Use Development. Regular Meeting - Immediately Following Public Hearing 1. Call to Order- - Mayor Jake Ayers 2. Invocation & Pledge Agenda Alli items listed under the Consent Agenda are considered tol be routine ini nature and will be approved by onel blanket motion. 1. Approval of Agenda: Regular Meeting, October 7, 2024 2. Approval ofl Minutes: Public Hearing 10am September 16, 2024 3. Approval of Minutes: Work Session September 16, 2024 4. Approval ofl Minutes: Public Hearing & Regular Meeting September 16, 2024 New Business 002 1. Ordinance - 1st Reading - Rezoning - Portions ofTax Parcel Numbers: 0023 0010, 0022 000016, and 00230 001 2. Professional Services Agreement - FY 2024 CDBG- Allen Smith Consulting 3. Board. Appointment GICH City Manager's Report ChiefofPolice Report Council Member Reports 1. Council Member Taylor 2. Council Member Morgan 3. Council Member Neese 4. Council Member. Ayers 5. Council Member Strickland Upcoming Dates & Events October 15, 2024 - 6:30j pm Meeting oft the Hogansville Historic Preservation Commission at) Hogansville City Hall October 17,2024- - 6:00 pm Meeting oft the Planning & Zoning Commission October 19 & 20, 2024 Hogansville Hummingbird Festival -I Downtown October 21, 2024- -7:00 pml Regular Meeting oft thel Mayor and Council at October 22, 2024 - 6:30 pm Meeting of thel Downtown Development October 26, 2024-7:00 pm Royal Theater Soft Opening - (tickets may be November 4, 2024- -7:00j pm] Regular Meeting of the Mayor and Council at November 9, 2024 -7 7:00 pm Royal Theater Grand GALA Opening Night at thel Royal Theater (tickets may be purchased at m.Psropalhaleor at] Hogansville City Hall Hogansville Hogansville City Hall Authority atl Hogansville City) Hall purchased at www.1 1937royalheater:org Hogansville City Hall Mayor's Report Adjourn Meeting to be held at Hogansville City Hall, 111 High Street, Hogansville Ga. 30230 City of Hogansville City Council Work Session Meeting Agenda Monday, October 7, 2024 - 6:00 pm HOGANSVILLE GEORGIA Meeting will be held at Hogansville City Hall Mayor: Jake Ayers Council Post 1: Michael Taylor, Jr* 2025 Council Post 2: Matthew Morgan 2025 Council Post 3: Mandy Neese Council Post 4: Mark Ayers Council Post 5: Kandis Strickland 2025 2027 2027 2027 City Manager: Lisa E. Kelly Assistant City Manager: Niles Ford City Attorney: Alex Dixon Chief of Police: Jeffrey. Sheppard City Clerk: LeAnn Lehigh I Mayor Pro-Tem WORK SESSION - 6:00 pm ORDER OF BUSINESS 1. Tank Maintenance Presentation - American Tank Meeting to be held at Hogansville City Hall, 111 High Street, Hogansville Ga. 30230 HOGANSVILLE 09/16/2024 Meeting held at Hogansville City Hall, 1111 High Street, Hogansville GA 30230 PUBLIC HEARING Mayor. Jake. Ayers called the Public Hearing to Hear Citizen Comments on the millage rate to order at City Manager Lisa Kelly gave a PowerPoint presentation on property taxes and the millage rate to give the public an understanding ofl how it works. Due to state law, the City is required to report the percentage ofthe taxes the City will receive each year ift there is an increase. This is not an increase in your property tax millage rate. The millage rate has not changed in 21 years in the City and remains at 7.95mills. Based on new construction and reassessments, the City expects an increase of $236,456 in additional 7:01 pm. taxes. There were no public comments and Mayor Ayers adjourned the Public Hearing at 7:10pm REGULAR MEETING Call to Order: Mayor Jake Ayers called the Regular Meeting to order at 7:10 pm. Present were Council Member Michael Taylor, Council Member Matthew Morgan, Council Member Mark Ayers, and Council Member Kandis Strickland. Also present were City Manager Lisal Kelly, Assistant City Manager Niles Ford, City Attorney Alex Dixon, Police ChiefJeff Sheppard, and City Clerk LeAnn Lehigh. Council Member Mandy Neese was not present att tonight's meeting. Council Member. Ayers gave an invocation and Mayor Ayers led the Pledge of Allegiance. CONSENT AGENDA Member Ayers. Motion Carries 4-0 OLDBUSINESS Motion: Council Member Taylor moved to approve the Consent Agenda. The motion was seconded by Council 1. Ordinance -2"d Reading & Adoption - Watershed. Protection Amendment Motion: Council Member Morgan moved to approve the amendment to the Watershed Protection Ordinance. The Discussion: The current ordinance does not allow development from 71 miles upstream of the Blue Creek waterway and at the time of the ordinance adoption, the reservoir was the City's water source. It has not been the City'swater source for many years. The proposed amendment would allow development, but still keep Lake Jimmy Jackson motion was seconded by Council Member Ayers. protections in excess of state requirements. Motion Carries 4-0 NEW BUSINESS 1. - Adoption ofthe Millage. Rate Council Member Ayers. Discussion: None Motion Carries 4-0 Motion: Council Member Taylor moved to adopt the millage rate at 7.950 mills. The motion was seconded by 2. Board Appointment = Downtown Development. Authority - Discussion Only After previous Work Session discussions regarding board appointment applicants and to help streamline the process of filling vacancies, Council agreed to allow committees and boards to go back through previous applicants from September 16, 2024 the past 6-months and ask applicants ifthey would be interested ins serving on boards. DDA Chairperson Shareen Barker was present to give the Council the DDA recommendations for the current vacancy on the DDA commission from prior applicants. Council Member Taylor noticed that one oft the recommended applications was older than the discussed 61 months and thinks any application older than 61 months should be null and void. Council Member Strickland could not recall seeing either ofthe recommended applications in previous DDA appointment On a motion made by Council Member Strickland and duly seconded, Mayor Ayers adjourned the meeting at discussions. Staff will look into the issue and come back to Council at al later date. ADJOURNMENT 7:33pm. Respectfully, hRr LeAnn Léhigh City Clerk September16,2024 24- ANORDINANCE AN ORDINANCE OF THEI MAYOR AND COUNCIL OF THE CITY OF HOGANSVILLE TO AMEND THE CODE OF THE CITY;TO. AMEND THE. ZONING MAP AND ORDINANCES OFTHECITYSOASTOCLASSIYTIEUNEZONEOFREAL ESTATE WITHIN THE CITY LOCATED OFF EAST MAIN STREET. ANDBLUE CREEK ROAD. ANDOWNED: BY BLUE CREEK DEVELOPERS, LLC AND THE SCARBOROUGH GROUP,INC,TOREPEALCONFLICTINGORDINANCES,TO FIX. ANI EFFECTIVE DATE; ANDI FOR OTHER PURPOSES. THE COUNCIL OF1 THE CITY OF HOGANSVILLEHEREBY ORDAINS: Thatt the: zoning map and ordinances oft the City of Hogansville be amended as follows: To rezone 385.21 acres (Parcel D on attached plat) in the southern portion of Taxl Parcel No. 0022 000016 south of] Blue Creek from Corridor Mixed Use (CR-MX) with] PUDoverlay to General Industrial (G-I), andl leaves 92.17 acres (Parcel Eona attached plat) ofsucht tax parcelt tot the north of Blue Creek as currently zoned, Corridor Mixed Use (CR-MX) with PUD overlay. SECTION1: SECTION2: That thez zoning map and ordinances of the City ofl Hogansville be amended as follows: Tor rezone Tax Mapl Parcel 0023 001002 tor removet thel PUDO overlay fromt the entire46.38 acre parcel, to rezone 37.30 acres in the western portion of such tax parcel (the southernmost portion of Parcel A on attached plat) from Corridor Mixed Use (CR-MX) with PUD overlay to General Industrial (G-I), and leave the 9.08 acres in the eastern portion of such taj parcel (the southern portion ofParcel Eona attached plat) as currently: zoned, Corridor Mixed Use (CR-MX), without any PUD overlay. SECTION3: That the: zoning map and ordinances oft the City of Hogansville be amended: as follows: Torezone" Tax Mapl Parcel 0023 001016A tor removet thel PUDoverlay from thee entire 15.41 acre parcel, andt tor rezone 2.17a acresi int the eastern portion ofs suchi taxj parcel (ther northern portion of Parcel E on attached plat) from General Industrial (G-I) to Corridor Mixed Use (CR-MX), without any PUD overlay. SECTION4: SECTION5: All ordinances or parts of ordinances in conflict with this ordinance arel hereby repealed. Pursuant to Official Coded ofGeorgia Annotated Section. 36-66-4(d)(4),1 this ordinançe: after adoption byt the Council andu upon approval by thel Mayor, shallb become effective upont thel latterof the following dates: (I)thec datet the: zoningi is approved by thel Mayor and Council; or (2) the date thatt the annexation oft thea above-referenced property becomes effectiver pursuantt to Official Code ofGeorgia Annotated 36-36-2, as amended. INTRODUCEDANDFIRSTREADING: ECONDREADINGANDADOPTEDREECTED SUBMITTEDTOMAYORANDAPPROVEDIDISAPPROVED BY: ATTEST: Mayor Clerk CibHogansullek OrdinancesiZ Zoningl VZoning Ordinance- Bhec Creck Developers -Od2 2024 EXHIBIT "A" 69, 92, 94, 99, 100, 101, 124, 125 and 126 oft the 11th Land District, Troup County, Georgia, Taxl Parcel IDI Number 0022 000016 (477.38. Acres), 0023 001016A (15.41 Acres), and 0023 001002 (46.38 Acres) (for at total of approximately 539.17. Acres, more or less) located offof and between Blue Creek Road andl East Main Street, Hogansville, Troup County, GA 30230. Plat of proposed development andi identification ofs specific parcels being rezonedi is attached containing 539.17a acres, more or less. hereto as Exhibit "B" andi incorporated herein by reference. 3TIASNVSOH: JOAIIO VI9H030" AINNOOdnouI 92IP'v2' 101 001 86761010NV7 1ONISIGHI8L S318BdOud: M33HDE 3078 NV163IIS9NINOZ3H L4 ITIDE hy CITY COUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post1 Mathew Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 City! Manager- - Lisal Kell Assistant City Manager- Niles Fon Cily Clerk- LeAnn! Lehigl City Attorney- - Alex Dixoi 111 Highs S Hogansville GA 30230-1191 706-637-8629 cilyofhogansvile.0n HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: October 7, 2024 Blue Creek Development SUBMITTED BY: Dhayna Portillo AGENDA TITLE: Public Hearing and First Reading - Rezoning and Map Amendment for CLASSIFICATION (City Attorney must approve all ordinances, resolutions, and contracts as tof form) Ordinance (No. Resolution (No. Contract Information Only Public Hearing Ceremonial X Discussion/Action Other BACKGROUND (Includes description, background, and justification) Property owners and applicants Blue Creek Developers, LLC and' The Scarbrough Group are proposing rezonings of portions oft the: 539.17-+/- acre: site on East Main Street and Blue Creek Road, Tax Mapl Nos. 0023001016A, 0022000016, 0023001002, and currently zoned as Corridor Mixed Use (CR-MX) and General Industrial (GI). The request is to consider rezoning thej property to General Industrial (GI) and Corridor Mixed Use (CR- MX) to encourage general industrial uses. The entrances willl be combined with entrances on East Main Street and County Line Road. Ati its September 19, 2024, regular meeting, the Hogansville Planning Commission voted to recommend that the City Council approve the proposed rezoning and map amendment. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources)! No budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Group as recommended by thel Hogansville Planning Commission on September 19, 2024. Staffrecommends: that City approve the rezoning application by Blue Creek Developers, LLC and The Scarbrough HOGANSVILLE GEORGIA REZONING REQUEST APPLICATION FORM CITY OF HOGANSVILLE, GA ATTACHED PLEASE FIND THE FOLLOWING INFORMATION: Materials Necessary for a Rezoning Request Application for Rezoning Request Authorization by Property Owner Property Owner Disclosure of Campaign Contributions Agent's Disclosure of Campaign Contributions Property and Financial Disclosure Site plan requirements Application Deadline Dates THE FOLLOWING IS A GENERAL DESCRIPTION OF THE PROCEDURES USED FOR THE PROCESSING OF AN APPLICATION FOR A REZONING REQUEST. PLANNING COMMISSION: 1) After receipt and acceptance oft the zoning petition, staff reviews the requests and develops a recommendation which isf forwarded to the Planning Commission for review 2) The Planning Commission meets on the third" Thursday of each month at 6:00 p.m. at City Hall. Iti is important that the petitioner attend these meetings to answer questions 3) After hearing interested citizens and after reviewing the request, the Planning Commission votes to recommend APPROVAL, APPROVAL WITH CONDITIONS, DENIAL, and recommendation. that may arise from board members. OR TABLNG of the request. 4) This recommendation is forwarded to Mayor and Council. 4716077-21 11724.460000 Application for Rezoning - City of Hogansville Georgia Property Owner (s): Blue Creek Developers, LLC (Parcel # 0023 001016A & 0022 000016) and The Scarbrough Group, Inc. (Parcel #023 001002) Property Owner(s). Addresses: Blue Creek Developers, LLC9008 Highway 16, Senoid, GA30276 The Scarbrough Group, Inc. 13 Raintree Ct Newnan, GA 30265 Phone Number: (678)429.2903 Email: dawndscarbrough@gmal.com Authorized Agent: Richard Ferry Agent's Address: Brent Holdings, LLC 270 North Davis Drive Fayetteville, GA 30214 Phone Number: (770)461-0478 Email: erypprentnodnesnet Subject Property Address: E.Main Street, Hogansville, GA30230 Troup Tax Parcel Number: 0023001016A = contains 15.41 acres; proposal is to remove the PUD Overlay. from the entire 15.41 0022000016-contains 477.38 acres; proposal is to remove the PUD overlay from and rezone. 385.21 acres of it to G-I (leaving that 92.17 acre portion of it north of Blue Creek as CR-MX with the PUD 0023 001002 - contains 46.38 acres; proposal is to remove the PUD overlay. from the entire 46.38 and rezone 37.3 acres ofi it to G-I (leaving that eastern 9.08 acre portion of it CR-MX). acres and rezone the eastern 2.17 acre portion ofi itj from G-/to CR-MX. overlay). Size of property (acres): See above. Current Zoning: CR-MX (withPUDC overlay); G-1 (with PUD overlay) Proposed Zoning: G-I Current Use: Undeveloped Proposed Use: Rezoning proposed to allow a Distribution Center Ifrezoned, when will the proposed use start? No proposed date at this time buti in the nearf future. 4716077-21 11724.460000 APPLICANT'S REZONING DISCLOSURE STATEMENT (OC.GA. 36-67A-1 eg seq.) Property/Financial Disclosure Does any member of the Hogansville City Council or Hogansville Planning and Zoning Commission have a financial or property interest in the subject property requested for zoning change ori in a corporation, partnership, firm, trust, or association which has a property interest in the subject property? No Ifso, describe the nature and extent of such interest: Campaign Contribution Disclosure Has the applicant made, with two (2) years immediately preceding the filing of this application forn rezoning, campaign contributions aggregating $250 or more, or made gifts having a combined value of $250 or more to a member or members of the Hogansville City Council or Hogansville Planning and Zoning Commission? No If sO, give the name of the member(s) to whom the campaign contribution or gifts were made, the dollar amount of each campaign contribution, and an enumeration and description of each gift: Icertify that the foregoing information is true and correct, this (IEh day of September,: 2024. Aaby Applicant's Signature Blue Creek Developers, LLC Don 576 Applicant's! Sighature Scarbrough Group, Inc. 4716077-2 11724.4 460000 OWNER'S AUTHORIZATION TO USE THIRD PARTY REPRESENTATIVE Iswear that lami the owner of the properties located at propertyaddresses): E.Main Street, Hogansville, GA 30230; Troup Tax Parcel Numbers: 0023 001016A; 0022 000016; and 0023 001002 which is subject matter of the attached application, as shown in the records of Troup County, Georgia. authorize the person named below to act as applicant in the pursuit of the rezoning of this property. Agent Name: Richard Ferry Telephone: 770)461-0478 Email: Teryeprentnodnasnet Agent Address: Brent Holdings, LLC 270 North Davis Drive Fayetteville, GA30214 Als Property Owner Signature Blue Creek Developers, LLC 9/11/2024 Date: DaWRe alue4 Date: Property Owner Signature Scarbrough Group, Inc. 4716077-21 11724. 460000 MEMORANDUM TO ZONING APPLICATION VIAI E-MAILI DELIVERY FROM: Applicants for Rezoning DATE: September 12, 2024 TO: Mayor Jake Ayers and Members ofCity Council; City of Hogansville, GA Re: Proposed rezoning of Parcel No. 0023 001016A and portions of Parcel Nos. 0022 000016 and 0023 001002 (the "Subject Property") to remove the Planned Unit Development ("PUD") Overlay and to rezone parcels 0022 000016 and 0023 001002 from CR-MX to G-I Agents for the owners of the above referenced parcels, Blue Creek Developers, LLC and The Scarbrough Group, Inc. respectively, submit the attached application for rezoning including the reservation of constitutional rights as set forth on Exhibit A attached to this Memorandum and, as such, made aj part hereof. Rezoning of these parcels is requested / required primarily to allow "Distribution Center" as a According to Section 102-B-2-11 of the Hogansville Unified Development Ordinance (the "UDO"), zoning district G-I "is intended primarily for large-site development of industrial uses and businesses" and the G-I zoning district is the only district in the UDO that allows "Distribution Center"a as a permissible use. Additionally, the adjacent property which is also owned by one of the applicants (immediately to the east; Parcel No. 0023 001001 which contains 72.16) is currently zoned G-I. So,t this rezoning request, if granted, will merely expand this area of G-I zoning along I-85 to the west and north As you may recall, when the surrounding area was annexed into the City of Hogansville the properties were assigned Planned Unit Development ("PUD") zoning. As part of that PUD zoning, a preliminary plat was approved on] November 7,2022 (under the previous zoning ordinance). That approved preliminary plat contains a mix of residential and industrial warehouse uses (NOTE: approximately 3 In June of 2023, the previous zoning ordinance was replaced by the current UDO and these properties were placed mostly in the "Corridor Mixed Use" or "CR-MX" zoning category and since they had been) PUD with an approved preliminary plat they were also placedi in a "PUD overlay" district (NOTE: The proposed warehouses on the preliminary plat were depicted in multiple buildings with access via aj parkway through the development. However, because "Distribution Center" is not a permitted use in the underlying CR-MX zoning district and because the configuration approved on the preliminary plat will no longer work as conceptualized, the applicants are seeking to rezone the Subject Property to G-I and Although G-I might technically be a "higher" or "more intense" zoning category (than the current CR-MX), it is notable that the preliminary plat aready approved is actually more consistent with the G-I "permitted use" as it is not permitted in any other zoning district. and will provide al larger land area to allow a Distribution Center". million square feet ofindustrial warehouse uses were approved). the UDO does not have a separate PUD: zoning district). remove the PUD overlay. zoning category than the requirements ofc CR-MX. 4715962291750002000 MEMORANDUM TO. ZONING APPLICATION Page 3 of4 Exhibit A Statement of Reservation of CONSTITUTIONAL RIGHTS AND OBJECTIONS A failure by Hogansville, Georgia to approve the proposed rezonings to which this reservation of rights is attached, as requested by Blue Creek Developers, LLC and The Scarbrough Group, Inc. (together the "Applicant"), would impose a disproportionate hardship on the Applicant without any accruing benefits to any surrounding property owners. The failure to approve would be unconstitutional in that it would render the property ofl limited use and significantly limit its marketability. As such, not approving the rezoning would constitute at taking without just and adequate compensation and without due process oflaw. Further, the failure to approve the rezoning would be contrary to the wishes and desires oft the property owners and would constitute an arbitrary and capricious act and would discriminate in an arbitrary, capricious and unreasonable manner between the property owner and owners ofs similarly situated property in violation of Article I, Section I, Paragraph I, and Article I, Section III, ParagraphI I(a) of the Constitution oft the State of Georgia and the Equal Protection Clause oft thel Fourteenth Amendment Any decision that would deny the rezoning, as requested by the. Applicant, would also be a violation oft the Constitution of the State of Georgia, Article IX, Section II, Paragraph I that requires cities A refusal by Hogansville, Georgia to grant the rezoning, as requested by the Applicant, would prohibit the only viable economic use of the subject property, would be an unreasonable application of local land use authority which bears no relationship to the public health, safety, morality or general welfare oft the public and would constitute an arbitrary and irrational abuse of discretion by the City of Hogansville, Georgia and the Planning Commission and the City Council in violation of Article I, Section I,P Paragraph I of the Constitution of the State of Georgia and the Due Process Clause oft thel Fifth and Fourteenth Amendments toi the Constitution of the United States. The Applicant maintains that a denial oft the rezoning as requested by the Applicant would also be an abuse of discretion under the power granted to local governments by the Georgia Constitution and the Zoning Procedures Law, O.C.G.A. $36- In filingt this statement with the application to which it is attached, the Applicant hereby reserves all rights and remedies available to it under the Constitution of the United States, the Constitution of the State of Georgia, all applicable federal, state and local laws and ordinances and in equity. Accordingly, the Applicant respectfully requests that the rezoning be granted and reserves the to the Constitution oft the United States. to "pass clearly reasonable ordinances." 66-1, et seq. right to amend this statement and the attached documents. STANDING OBJECTION. The Applicant objects to the standing of each and every surrounding resident to challenge whether before the Planning Commission, City Council or any court of competent jurisdiction, any zoning decision that was made by thel Planning Commission: and/or City Council in that he/she has not shown, nor cans show, that he/she will suffer special damages within the meaning of Georgia law as a result of said decision. Applicant raises this objection before the Planning Commission and City Council and requests thel Planning Commission and City Council to determine standing for any individual who challenges or objects to the Planning Commission's and City Council's decision to approve the rezoning. Applicant further raises this 4715982-291750002000 E ED CR-MX 24-113 GEORGIASD EXHIBIT ASB AGREEMENT FOR PROFESSIONAL ADMINISTRATION SERVICES BETWEEN THE CITY OF HOGANSVILLE & ALLEN-SMITH CONSULTING FY2024 CDBG #24P-x-141-2-6404 Prepared September 24, 2024 This agreement is entered into by and between the CITY OF HOGANSVILLE (hereinafter called the RECIPIENT), and Allen-Smith Consulting, (hereinafter called the The RECIPIENT desires to comply with the terms of the Community Development Block Grant, (CDBG) from the Georgia Department of Community Affairs, (DCA) for the purpose of SEWER AND DRAINAGE MPROVEMENTS funded with 2024 CDBG funds (herein after called the PROJECT) and is desirous of competent and capable administration services for The CONSULTANT is staffed with professional administrators and is competent in grant administration and will adhere to all requirements in the Community Development Block Grant Applicant's and Recipient's manuals as well as other directives issued by the Georgia The RECIPIENT and CONSULTANT in consideration of their mutual covenants herein agree on performance of professional administrative services by the CONSULTANT, and the payment for such services by the RECIPIENT as set forth and the attachments hereto: CONSULTANT). said grant. Department of Community Affairs. SECTION 1.0 - GRANT ADMINISTRATION SERVICES The CONSULTANT shall provide administrative services for the PROJECT as defined herein and is limited to those services specifically set forth herein. The CONSULTANT is familiar with DCA's GRAAM/ ECIVIS online system and will assist the CLIENT as required through A. The CONSULTANT shall provide administrative services for the PROJECT as follows: 1. Assist in maintaining a filing and record keeping system as required by DCA; 2. Assist in maintaining a record of funds, their applicability and make same 3. Assist to record the reasonableness, allocability, and allowability of all costs pertaining to the PROJECT in accordance with applicable federal and state this system. available to the RECIPIENT, and/or DCA on request; regulations; GRANT ADMINISTRATION AGREEMENT CITY OF HOGANSVILLE FY2024 CDBG PROJECT PAGE2 4. Assist with documentation of entire environmental review record (NEPA) including Tribal Consultation, Historic Preservation Clearance, HUD Format II Assessment, Request for Release of Funds and Clearance from DCA; Serve as Liaison between the ENGINEER, DCA, CONTRACTOR, and the 7. Assist in maintaining files of all source documents supporting financial transactions and administrative actions, including procurement processes; 8. Assist in gaining approval for any general and special conditions to the original Schedule, prepare, coordinate and conduct public hearings as required by 10. Prepare and process periodic drawdown of fund requests for the RECIPIENT; 11. Request appropriate wage rate decision and forward to appropriate party(ies); 12. Coordinate construction contract award with ENGINEER and RECIPIENT to 13. Monitor contractors' and subcontractors' payrolls for compliance with applicable 14. Assist contractors' and subcontractors with corrections and revisions to 15. Conduct employee interviews of contractor and subcontractors for compliance 17. Coordinate and attend all monitoring visits by DCA or other agencies, as 18. Assist in keeping PROJECT schedule on track with ENGINEER and 19. Assist in all phases of the PROJECT to adhere to the requirements in the applicable CDBG Applicants' and Recipients' manuals, as well as to other 20. Obtain and document all beneficiary count numbers for the PROJECT files and 21. Collect required data and prepare Section 3 Compliance Reports; 22. Coordinate, prepare for, and attend all monitoring visits with DCA throughout 23. Prepare all closeout documentation as required of the PROJECT to close the 5. Attend monitoring visit with DCA for NEPA compliance; RECIPIENT on matters related to grant compliance; 6. grant; CDBG guidelines; 9. insure compliance with Labor Standard Laws; labor standards; certified payrolls for compliance with applicable labor standards; with applicable labor standards; 16. Prepare and submit quarterly progress reports to DCA; necessary; RECIPIENT; directives issued by DCA; monitoring by DCA; the PROJECT. grant. B. Items specifically not included in the basic fee are as follows: 1. Negotiations for permits; documents relating thereto; 2. Any required legal surveys relating to land andlor easement acquisition; 3. Amendments to change the original scope of the grant, and supporting 4. Advertising, legal, fiscal, auditing and permit fees; GRANT ADMINISTRATION AGREEMENT CITY OF HOGANSVILLE FY2024 CDBG PROJECT PAGE3 5. 6. Negotiation of lease agreements; Preparation of extension letters to extend the grant period; 7. Negotiation with property owners for the acquisition of property / easements / 8. Coordination and attendance of public meetings related to the PROJECT above Coordination and preparation for meetings with DCA if the PROJECT is ROW; the three (3) required public hearings; selected to be monitored by HUD; 9. 10. Preparation of legal or engineering required documents. SECTION 2.0 - RECIPIENT'S RESPONSIBILITIES The RECIPIENT's responsibilities to the CONSULTANT shall specifically include but may not be limited to those items set forth herein. A. Responsibilities to the CONSULTANT shall be: 1. To provide full information as to the RECIPIENT's requirements for the PROJECT and to provide copies of all correspondence pertaining to the 2. To make available from RECIPIENT'S files any data and information necessary to provide continuity and accountability of PROJECT funds and/or materials; 3. To provide original or copies of original studies, reports, proposals, and other documents necessary to provide an audit trail of all monies expended and Designate, in writing, a person to act as representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements, and Give prompt written notice to the CONSULTANT whenever RECIPIENT observes or otherwise becomes aware of any defect in the PROJECT or 6. The RECIPIENT shall be responsible for compliance with such conditions oft the 7. Add the CONSULTANT as a Team Member to its GRAAM/ ECIVIS portal for PROJECT; received; 4. systems pertinent to the services covered by this Agreement; changed circumstances affecting the PROJECT; grant as may be imposed by DCA. 5. the PROJECT. SECTION 3.0-F PERIOD OF SERVICE A. The CONSULTANT'S services shall be commenced immediately upon the written authorization of the RECIPIENT and shall be completed in a timely mannert to facilitate completion of the PROJECT within the Grant Award Period. Goals and milestones along with dates and deadlines will be established at the kick-off meeting and followed by all parties involved in the project. See Terms and Conditions oft this agreement. GRANT ADMINISTRATION AGREEMENT CITY OF HOGANSVILLE FY2024 CDBG PROJECT PAGE4 B. Itis understood that the CONSULTANT shall not be held liable or responsible to the RECIPIENT if the CONSULTANT is delayed in or prevented from performing the services specified herein, because of any cause or causes beyond the control of the CONSULTANT, and not due to the CONSULTANT'S own fault or negligence including but not limited to, acts of God, inclement weather conditions, floods, fires, acts of the government, epidemics or failure of the RECIPIENT, Recipient's Attorney, or Project ENGINEER to fulfill any of their responsibilities. SECTION 4.0-F FEES FOR PROFESSIONAL SERVICES The RECIPIENT agrees to pay and the CONSULTANT agrees to accept for the services described in Section 1.0, thet following amount. TOTAL FEE FOR GRANT ADMINISTRATIVE SERVICES $60,000.00 (Sixty Thousand and 00/100) A. Payment Schedule: 1. The CONSULTANT will submit monthly invoices to the RECIPIENT for services performed by the CONSULTANT. The amounts of said invoices will be based upon the amount and value of the work and services performed by the CONSULTANT under this Agreement. No payment due to the CONSULTANT shall be withheld as a result of project delays related to circumstances 2. Iffor any reason the CONSULTANT'S monthly invoice cannot be drawdown from DCA, the CLIENT will pay the CONSULTANTS invoice and then be reimbursed from the grant when the CDBG grant funds are available. described, but not limited to, in Section 3.B of this agreement. 3. Additional Services: a) Int the event the PROJECT continues beyond the grant expiration date (insert Grant Expiration Date) in the Grant Award Document and all grant administration fees have been invoiced, the CONSULTANT will bill the RECIPIENT on an hourly basis at $125.00/hour as work is performed b) In the event the PROJECT requires the CONSULTANT to perform additional professional services beyond the scope of services contained in Section 1.A., the CONSULTANT will bill the RECIPIENT on an hourly basis at $125.00/hour as work is performed until the PROJECT is closed out. See Section 1.B. for items considered as "additional." No payment due to the CONSULTANT shall be withheld as a result of project delays related to circumstances described, but not limited to, in Section 3.B. of until the PROJECT is closed out. this agreement. GRANT ADMINISTRATION AGREEMENT CITY OF HOGANSVILLE FY2024 CDBG PROJECT PAGE 5 SECTION 5.0- - GENERAL CONDITIONS A. Successors and Assigns: 1. The CONSULTANT and RECIPIENT are each bound in all respects by the Neither the CONSULTANT nor the RECIPIENT will assign, sublet, or transfer any interest in the Agreement without the consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other covenants of this Agreement. 2. than the CONSULTANT and the RECIPIENT. B. Agreement Documents and References: 1. The executed agreement documents shall consist ofi the following; b) Addenda signed by both parties, as necessary Exhibit A -Terms and Conditions (1) Section 3 clause (3) Provision for termination (4) EEO Clause (5) Georgia Energy Code (6) Architectural Barriers a) This agreement c) (2) Provision for remedies in case of violations d) Exhibit B - Draft Goals and Milestones Table e) Exhibit C - Source & Use Table for Project Exhibit D - Executed Contractor Affidavit f) 2. This agreement, together with other documents enumerated under this Article which said other documents are as fully a part of the agreement as if hereto attached or herein repeated, forms the agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the. RECIPIENT: CITY OF HOGANSVILLE By: Attest: day of 2024. CONSULTANT: ALLEN-SMITH CONSULTING By: debds Debra Smith Attest: Coiahon EXHIBIT A TERMS AND CONDITIONS 1. Termination of Contract for Cause (ProvisionforR Remedies). If,througha any cause, the CONSULTANT shall failt to fulfill int timely manner and proper manner any material obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Contract, the RECIPIENT: shall thereupongiver written notice to the consultant of such failure, violation or breach. If the CONSULTANT has not or cannot remedy suchi failure, violation or breach within ten (10) days of the giving of such notice by the RECIPIENT, the RECIPIENT shall thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT ofsucht termination ands specifying the effective date thereof, at leastten(10) days beforet the effective date of such termination. In such event, all finished or unfinished documents, data, studies, photographs and reports prepared by the CONSULTANTU underthis Contractshall, at the option of the RECIPIENT become its property and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily 2. Termination by Mutual Consent. This Contract may be terminated at any time by mutual writenconsentofthe Parties hereto, the effective date thereof to be at least thirty (30) days from the date of such mutual written consent. If the Contract is terminated as providedherein, the CONSULTANTWI! be paid for the fees provided and expenses incurred Changes. The RECIPIENT may, from time to time, request changes int the scope of services of the CONSULTANT to be performed hereunder, Such changes, including any increase or decrease in the amount oft the CONSULTANT'S compensation, which are mutually agreed upon by and between the RECIPIENT and the CONSULTANT, shall be incorporated in written amendments to this Contract. b. Alloftheservices: requiredhereunder will be performed by the CONSULTANT or under his/her supervision and all personnel engaged in the work shall be authorized or permitted under State and Local Law to 5. Equal Employment Opportunity. During the performance of this Contract, the CONSULTANT agrees as follows: a. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. The CONSULTANTWI! take affirmative actionto ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recrultmentadvertsing: layofforterination; rates of pay or other forms ofo compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the RECIPIENT setting forth the provisions of this non-discrimination clause. b. The CONSULTANT will, in all solicitation or advertisements for employees placedi by or on behalfofthe CONSULTANT, state that all qualified applicants will receive considerationt fore empoymemtwilnoutreganrd torace, creed, color, sex, andnationalorigin. C. The CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contract or subcontracts for standard commercial supplies or raw materials. perform such services. completed nereunder. upt to the termination date. 3. 4. Personnel a. The CONSULTANT represents that he/she has, or will secure at his/her own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the RECIPIENT. d. TheCONSULTANT: will complywith all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the e. The CONSULTANT will furnish all information andreportsrequired! by! Executive Order11246, of September 24, 1965, and! by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the compliance with such rules, regulations and orders. In the event of the CONSULTANT'S noncompliance witht the compliance clauses of this Agreement or with any of such rules, regulations or orders, this Contract, may be canceled, mCpeA.aNeT in part and the CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, andsucholmersanctons may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g. The CONSULTANT will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders ofthe Secretary ofLaborissuedi pursuantt to Section 204ofExecutive Order11246 of September 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. 6. CivilR Rights Actof1964. Under' Title Viofthe Civil Rights Act of 1964, no person shall, on the grounds or race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 7. Sectoni0BottmeHousing and Community Development Act of 1974. No person int the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this 8. "Section 3" Compliance in the Provision of Training, Employment & Business The work tol bey performed under this Contract is on ap project assisted under a program providing direct Federal financial assistance fromt the Department of Housing and Urban Development and is subject to the requirement of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 170lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project. Failuret toi fulfill these requirementsshall subject the applicant or RECIPIENT, its contractors and subcontractors, its successor and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, andi to suchsanctions: asare 9. GeorgiaEnergy Code. The CONSULTANT does hereby acknowledge and agree that the provisions of the Georgia Energy Code will be considered and included, where applicable. 10. ArchitecturaiBarlers. The CONSULTANT hereby acknowledges and agrees that provisions of State and Federal law pertaining to Architectural Barriers will be considered and included, where Opportunities. Secretary of Labor. f. specified by 24 CFR Part 135. applicable. title. Exhibit B TO BE COMPLETED AT KICKOFF MEETING GOALS AND MILESTONES CITY OF HOGANSVILLE 2024 CDBG PROJECT Sewer & Drainage improvements - Grant #24P-x-141-2-6404 ACTIVITY RESPONSIBILITY DATE Execute Engineering and Grant City Complete Environmental Assessment and ASC/City Admin: Engineering: Administration Agreement Advertise Concurrent Notice Recipients Workshop Documents to DCA Post Award Public Hearing Kick-Off Meeting With All Parties ASC/City ASC ASC/City City, DCA, ASC and Engineer Engineer Execute and Submit Grant Award City Survey: Design: Easement Acquisition ASCI Engineer/ City/ City Attorney Request Wage Rates & Forward to Engineer ASC Final Design Approval Advertisement for Bids Process Bid Opening; Conference Construction: Start: ChyEnghneer/ASCIEPD Engineer/CHty/ASC Contract Award and Preconstruction ASC/Engineer/CIy General Contractor) Engineer ASC/City/DCA End: Public Hearing & Project Close Out $ /06P/6P6P $ < wlllll,, 6 EXHIBIT D Contractor Affidavit for Electronic Verification of Work Authorization Programs land any entity I represent: 1) Complies with O.C.G.A. $13-10-91, and has registered with and is participating in a federal work authorization program (any of the Electronic Verification of Work Authorization Programs operated by the U.S. Department of Homeland Security to verify information of newly hired employees) per the applicable provisions and deadlines of O.C.G.A. $13-10-91 (E-verify User Identification Number 122893); 2) Agree that, should Ilwe employ or contract with any subcontractor(s) in connection with the services for the City, we will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. $13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01- .08 orasubstantially similar form: 3) Agree to maintain records of such compliance and provide a copy of each such verification to the City at the time the subcontractor(s) is retained to perform such service; and 4) Agree to keep records of compliance and present a copy thereof to the City immediately upon demand. 5) Contractor has five (5) employees at the time oft this contract. 6) Contractor warrants that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under its Contract with the City. In making the above sworn certification, under oath, I understand that any person who knowingly and willfully makes a asysasoNauduent statement or representation in an SBHI March EZen B * € 2034 affidavit shall be guilty of a violationof fgue *6-10-20 of the Official Code of Georgia. Sworn to and subscribed before this 45"dayo Consulting,lnc. Aha Emith Agent of By: Authorized Officer or Title: President Print Name: Debra Smith Splemker Cue honoD Notary Public My Commission Expires: Dacch9202b CITY COUNCIL Mayor Jake Ayers Michael Taylor, Jr., Post1 Mathew Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 4 Kandis Strickland, Post5 City Manager - Lisal Kelly Assistant City Manager - Niles Ford City Clerk- -LeAnn Lehigh City Attorney- Alex! Dixon Hogansville GA3 30230-1196 706-637-8629] clyofnogansyile.org 111 High St HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: October 7,2 2024 SUBMITTED BY: Lynne Miller N. AGENDA TITLE: Citizen Appointment - GA Initiative for Community Housing CLASSIFICATION (City Attorney must approve all ordinances, resolutions and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only X Discussion/Action Public Hearing Other BACKGROUND (Includes description, background, and justification) The City Hogansville has six members on the Troup County chapter of the Georgia Initiative for Community Housing: Jake Ayers, George Bailey, Gayle Devereaux, Lynne Miller, Jason Stewart and Kandis Strickland. This group meets quarterly, rotating between LaGrange, Hogansville and' West Point. Team members are also eligible for statewide training conferences twice yearly and the Troup chapter can award points that help housing development financing requests. The City advertised in our utility mailer for an interested applicant to replace Gayle Devereaux, who would like leave this committee. Attached are applications received from Mary Ann Neureiter, Gloria. Jones Poole and Richard Woods. Danielle Guyton previously expressed interest but has since moved out of this area. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) No budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Commission and Richard Woods serves on the Hogansville Planning Commission. Select one of the three applicants. Mary Ann Neureiter currently serves on the Hogansville Historic Preservation