Official Minutes of the July 19, 2018 Council Meeting

Approved by City Council at the August 16, 2018 Council Meeting

 

The Council meeting was called to order by Mayor Rozier with Councilman Harley giving the Invocation. Councilmembers Griffin, Grizzard, Harley, Kerby, Key, Otakie, Attorney Dickey, City Administrator Akridge and City Clerk Diane Proudfoot were present.

 

Councilman Grizzard made a motion to approve the draft copy of the minutes of the June 21, 2018 council meeting. Councilwoman Key seconded the motion and it passed with affirmative votes from Councilmember Grizzard, Harley, Kerby, Key and Otakie, Councilwoman Griffin abstained since she was not at the June 21st meeting. Councilwoman Griffin made a motion to approve the agenda of the July 19, 2018 council meeting with the addition of Item #IV - Consider approval of Planning and Zoning Policy and Item #7 - Consider agreement with S & T Magic Enterprises, Inc. for a Fair at Taylor Park. Councilman Grizzard seconded the motion and it passed without opposition.

 

CONSIDER PLANNING & ZONING POLICY:

Mayor Rozier read the Planning & Zoning Policy:

All Planning and Zoning matters, to include hearings, before City Council and the Planning and Zoning Board shall comply with O.C.G.A Code Section 36-66-4, concerning the calling and conducting of hearings. The minimum time period at all hearings on proposed zoning decisions shall be no less than ten (10) minutes per side for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period of ten minutes (10) for presentation by opponents of each proposed zoning decision.

This policy shall become effective immediately upon its adoption by the City Council.

All policies or parts of policies in conflict with this policy are hereby repealed.

SO ORDAINED this 19th day of July, 2018.

Councilwoman Key made a motion to approve the policy. Councilman Kerby seconded the motion and it passed without opposition.

 

PUBLIC HEARING:

Mayor Rozier recused himself due to a conflict of interest and turned the meeting over to Vice Mayor Kerby.

Prior to the opening of the Public Hearing, Attorney Dickey ask for confirmation from City Clerk Proudfoot that the following had taken place for all three petitions for rezoning:

1. The three hearings were advertised in the legal organ of the city

2. The property was posted with proper signage as required by ordinance

3. The property owners as required around the property were notified by letter

City Clerk Proudfoot confirmed that all three of the above had taken place for all three petitioners.

Vice Mayor Kerby called for a motion to open the Public Hearing to hear the following request for rezoning:

Michael Lee Wedincamp #9 Towles Road petitioning to rezone from RA-1 to I-2

Cheryl D. Rozier - #135 Towles Road petitioning to rezone from RA-1 to I-2

Michael E. Wedincamp - #90 Cheyenne Road petitioning to rezone from RA-1 to C-2

Councilman Grizzard made a motion to open the Public Hearing. Councilman Harley seconded the motion and it passed without opposition.

Vice Mayor Kerby read the following statement "Proponents for the proposed zoning action including the petitioners or the petitioner's agent requesting a zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions. Opponents of the proposed zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions" for the rezoning request from Michael Lee Wedincamp to rezone property at #9 Towles Road from RA-1 to I-2.

Michael Lee Wedincamp stepped forth and stated he did not have anything constructive to say at this time and asked if there were any questions. Councilwoman Griffin stated that there has always been a conflict regarding ownership of Towles Road and word is that he has purchased the road. Mr. Wedincamp stated he had given a copy of the ownership to City Administrator and City Clerk - City Administrator stated he received a legal description of the survey but nothing with the recording. Mr. Wedincamp provided copies of the paperwork that he has purchased the road. Councilman Harley requested clarification from Mr. Wedincamp, now that he appears to be the sole owner, what is his plan for the road. Mr. Wedincamp stated his plan is to give all the lots a 60' legal access for Industrial development stating the first lot owned by Gaddy Turner was approved by council for I-2 without legal access. Councilman Harley commented on the Turner property and stated that Mr. Turner's property was contiguous to the I-2 DeMott property and they agreed to access the Turner property through the DeMott property. Mr. Wedincamp disagreed. Councilman Harley further stated his

concerns if the property is rezoned are the safety of the people who live there who use the road everyday and the public safety hazard posed by the large trucks using the road that is not up to standards for Industrial traffic and the liability is a concern to him. Mr. Wedincamp stated it is a private road and the city is not liable and has been since 1974 and the city has no concern. Councilman Harley pointed that the property wasn't being requested to rezone as I-2. Councilman Otakie questioned if he has a developer, a site plan, an offer or a plan for his property such as Mr. Turner and Mr. DeMott presented when Mr. Turner's rezoning request was presented and Mr. Wedincamp stated he did not and it was for personal use. Mr. Wedincamp stated that based on a meeting today the curb cut at Jimmy DeLoach is going to be fixed. Councilman Harley pointed out the road is terrible and the residents living there have to deal with this problem and again ask what the plan is for the road and Mr. Wedincamp stated it is private property and he doesn't have to give a plan, if he wanted to dig ditches across it he could, he stated the lots have ingress and egress and always will. Mr. Wedincamp stated he plans to give all the lots 60' legal access for development for Industrial property and he further stated his interest are in the 40 acre property in the back, the 4.68 acre road and the 5 acre tract being presented tonight and he has no other interest. There was more discussion regarding the issues with Towles Road being a private road; the condition of it not being suitable for Industrial traffic, the safety and concern of the property owners who live in the area and use the road every day, what are Mr. Wedincamp's plans are for the property should it be rezoned and what are the plans for road improvements.

Mr. Wedincamp responded that his plan is to build the road up and use the property in the back for Industrial. Councilman Kerby stated that the road as it stands it is not in wide enough to handle Industrial traffic. Mr. Wedincamp's father stated his son is in the trucking business and he would not be able to utilize the property until he brings the road up to the standards necessary to support the weight of the Industrial traffic.

Councilman Kerby stated that should this property be rezoned to I-2 the quality of life would be detrimental to the people who live there now.

Councilman Otakie pointed out that the request being presented for I-2 zoning is in the mist of residential with a privately owned road that has not been brought up to code with no developers, no purchase offers or no building plans and is only identified as for personal use makes it difficult for council to consider the proposal as presented.

Citizen Margie Landing, a resident on Towles Road, stated she would not object to the rezoning but only if the road is developed first before any other property is rezoned to I-2. She also stated it is very dangerous trying to enter and exit onto Jimmy DeLoach with the truck traffic every day due to the other Industrial development and Mr. DeMott owns another tract on Towles Road in the back and everyday there are backhoes going up and down the road. Mrs. Landing stated the Planning Commission was going to recommend that the road be brought up to Industrial standards before any rezoning is approved and she hoped this would take place and further stated the road must be improved before any other rezoning, she also commented that that the rezoning of Mr. Turner's property at the front has not made any difference in the conditions. When the lay down yards and warehouses are completed on the DeMott property the conditions will become even more dangerous and the improvement of the road must take place and made safe!

Councilman Otakie stated he is uncomfortable that Mr. Wedincamp wants council to rezone without the road being brought up to Industrial standards.

Councilman Kerby stated there is more involved than just rezoning property, he stated there needs to be a plan to include the road, water, sewer and utilities.

Councilman Harley stated he sees future development in that area but he wants it done correctly with safeguards in place but is still concerned over safety with the Industrial traffic and stated he is willing to work together to get things done provided the city's best interest is and it is agreed the road is a major issue as it is and would like to work on it a then revisit. Mr. Wedincamp needs council to show him what standards are needed and he would be willing to work.

Councilman Grizzard ask Mr. Wedincamp ask if he would withdraw and work on the road improvements. Mr. Wedincamp stated he would be ok with that but thinks the motive for withdrawal is for the city to look at the zoning ordinances.

Councilwoman Griffin wanted reassurance that the citizens living on this road will have access. Mr. Wedincamp stated the citizens will be able to come and go as they have since 1974 but there are some legal issues the Attorneys will work with to give the lots legal access.

Citizen Terry Landing of #150 & #155 Towles Road is concerned that he will not have any value in his property if this rezoning takes place and stated they are in worse shape at this time than they were before the development of the DeMott property took place. Mr. Landing is also very concerned about drainage. There being no other comments, Councilwoman Griffin made a motion to closed public hearing for Michael Lee Wedincamp for property at #9 Towles Road. Councilman Grizzard seconded the motion and it passed without opposition.

 

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Vice Mayor Kerby read the following statement "Proponents for the proposed zoning action including the petitioners or the petitioner's agent requesting a zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions. Opponents of the proposed zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions" for the rezoning request from Cheryl D. Rozier to rezone property at #135 Towles Road from RA-1 to I-2. Ben Rozier approached and stated he will be speaking on behalf of his wife who owns the property at #135 Towles Road. The property has been rental property for about 12 years. Mr. Rozier stated the previous rezoning by Rob Lee and Gaddy Turner has made them interested in rezoning to I-2 to sale to a trucking company or a warehouse and request council members consideration the rezoning. Councilman Otakie asked if there were any offers for the property and Mr. Rozier stated the real estate agent has three possibilities - two trucking companies and the other a warehouse. Councilman Harley asked if Mr. Rozier heard all the concerns and issues discussed earlier and was advised that he did.

Citizen Margie Landing stated that she has a letter from Mr. DeMott, owner of the large I-2 property adjacent to the Towles Road property, stating that if any of the Towles Road owners wishes to could connect to his property anywhere that is safe and further Mr. DeMott stated when he acquired the Turner property he would probably put a road in behind the Turner property and connect to Towles Road. Mr. Landing stated that the issue is still the same the road has to be improved for them to have a safe access to their homes.

Mr. Rozier stated that he, Mr. DeMott and Mr. Wedincamp met today to come up with a plan at the intersection and would present a plan to council at a later date.

Councilwoman Griffin made a motion to closed public hearing for Cheryl D. Rozier for #135 Towles Road. Motion seconded by Councilwoman Key and passed without opposition.

Vice Mayor Kerby read the following statement "Proponents for the proposed zoning action including the petitioners or the petitioner's agent requesting a zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions. Opponents of the proposed zoning decision shall have no less than ten minutes for presentation of data, evidence and opinions" for the rezoning request from Michael E. Wedincamp for property at #90 Cheyenne Road from RA-1 to C-2. Mayor Rozier questioned if Mr. Wedincamp already owned property that was C-2 and Mr. Wedincamp stated he did own a 5 acre tract that was rezoning in 2005 but the State has taken the property and he is requesting to rezone the remaining 5 acre tract to C-2. Mr. Wedincamp stated the property meets the Hwy 80 Overlay District and is next to Jimmy DeLoach parkway which the state has placed a mandate on residential on the parkway so the property would be useless for residential. Councilman Otakie questioned if there is an offer on the property and was advised by Mr. Wedincamp that he does not; Councilman Otakie further stated that it is a privately owned dirt road to the end and Mr. Wedincamp confirmed that information also. Councilman Kerby questioned the road to the property and Mr. Wedincamp stated the road would

Citizen Susan Hoover from 56 Cheyenne Road and stated her problem is the road, it is a private road with one way in and one way out with seven residence living on the road and the residence maintain and the property being concerned is at the end and the only access is by Cheyenne Road and if a business is located there the traffic would cause a problem going through

Gordon Spivey from 30 Cheyenne Road and has been here for 30 years and living here is what he wants to do, he does not want a zoning change for commercial. Councilman Harley ask Mr. Spivey again if he wants to continue the property as residential.

Truelove McCoy at 35 Cheyenne Road and has been there for 35 years and it was a great area to live but Jimmy DeLoach has cut Mr. Wedincamp's property and it is not an area to live at now. Councilman Kerby ask if the parkway has affected her entrance and was advised it has not.

Susan Rogers 53 Cheyenne Road stated she also had other property that was taken by the State and right now with the road development it is horrible and is in her back door, she stated she had no opposition to the rezoning. Councilman Harley question if Ms. Rogers lived there and was advised that she does.

Councilwoman Griffin questioned Mr. Wedincamp if there was any option to enter from the parkway and was advised there is going to be an off ramp adjacent to his property.

After no other discussion Councilman Grizzard made a motion to close the public hearing. Councilman Harley seconded the motion and it passed without opposition.

 

 

 

 

 

 

 

ADMINISTRATIVE AND COMMITTEE REPORTS:

 

Councilman Grizzard reported the Patriotic Celebration turn out made had a record attendance this year and thanked everyone for coming out and also reminded everyone of the Senior Citizen Day on August 21 at noon.

Councilman Harley recognized Police Chief Jeffcoat who introduced Captain Michael Foune who has been with the department for 16 years and was promoted to Captain on July 1, 2018. Captain Foune thanked Mayor and Council for their support.

City Administrator Akridge reported the City received a check in the amount of $106,167.78 from GEMA for the Hurricane Irma recovery funds.

 

NEW BUSINESS:

Mayor Rozier recused himself due to a conflict of interest and turned the meeting over to Vice Mayor Kerby.

1. Consider a rezoning request submitted by Michael Lee Wedincamp seeking to rezone property located at #9 Towles Road from RA-1 to I-2. Councilman Otakie stated that he and Mr. Harley are new to city council and this is a challenging position and city council members are here to represent the interest of the city as a whole and all citizens and there are owners that financial interest and owners that wish to reside here and council will come to decisions that will be best for the city along with the people that have interest and they do not take their duty lightly and will make these decisions that would be good for the majority.

Mr. Michael Lee Wedincamp stated he was born in Bloomingdale although he now lives just past the city limits and further stated he will not be withdrawing his request and he would like to request council table the matter until September. City Attorney Dickey advised that due to the public hearing, the interest of the adjacent property owners and zoning laws if the matter is tabled it would need to be no further than the next meeting. Mr. Michael E. Wedincamp questioned if the matter is denied what happens and was advised that regarding zoning matters Georgia law requires no further zoning request take place for six (6) months but the City ordinance has twelve (12) months.

Councilwoman Key made a motion to table this matter to the August 16th meeting. Councilman Grizzard second the motion. After additional discussion Mr. Wedincamp still held firm that he did not wish to withdraw. Vice Mayor Kerby called for the vote of the motion to table to the August 16th meeting. Councilmembers call for vote was: Councilwoman Key - yes; Councilman Grizzard - yes; Councilman Kerby - no; Councilwoman Griffin - yes; Councilman Harley - no; Councilman Otakie - no. Ben Rozier ask clarification regarding the Vice Mayor having a vote and Attorney Dickey stated the Vice Mayor when acting in place of the Mayor can vote in all issues. The motion to table to the August 16th meeting failed to pass due to a tie.

With the result Mr. Wedincamp was asked to clarify which of the two options he wished to take place - one is to withdraw his request or to proceed as submitted and Mr. Wedincamp advised he was not withdrawing his request.

Vice Mayor Kerby made a motion to deny the rezoning request from Mr. Michael Lee Wedincamp at #9 Towles Road petitioning to rezone from RA-1 to I-2. Councilman Otakie seconded the motion. The roll call vote of the motion to deny the rezoning request results were: Councilman Grizzard - no; Councilwoman Key - no; Councilman Kerby - yes; Councilwoman Griffin - yes; Councilman Harley - yes; Councilman Otakie - yes. The motion passed to deny the rezoning request with a vote of 4 to 2.

2. Consider a rezoning request submitted by Cheryl D. Rozier seeking to rezone property located at #135 Towles Road from RA-1 to I-2. Ben Rozier representing Cheryl D. Rozier questioned City Clerk regarding the withdrawal of the application and was advised that the fees would be required and Attorney Dickey also stated that it is a zoning requirement. After a brief discussion Mr. Rozier withdrew the rezoning request for Cheryl D. Rozier for #135 Towles Road.

Mayor Ben Rozier returned to the meeting.

3. Consider a rezoning request submitted by Michael E. Wedincamp seeking to rezone property located at #90 Cheyenne Road from RA-1 to C-2. Councilman Harley asked what the roadway measurement is and Mr. Wedincamp stated it was about 26-30' coming off of Highway 80 and narrows to about 20-22' after the curve. Councilwoman Griffin asked if it could be used for commercial traffic and Mr. Wedincamp answer no. Mr. Wedincamp stated he operated a turf business from the lot that was taken by the state and he maintained the road up until he moved he also stated that there

 

 

was never any complaints during that time. He is requesting that council grant his request for C-2 for this property. Councilman Harley made a motion for a short recess. Councilman Otakie seconded the motion and it passed without opposition.

Councilman Harley made a motion to reconvene. Councilman Grizzard seconded the motion and it passed without opposition.

Councilwoman Key made a motion to approve rezoning #90 Cheyenne Road from RA-1 to C-2. Councilman Grizzard seconded the motion. The roll call vote of the motion to approve the rezoning request results were: Councilmembers call for vote was: Councilman Grizzard - yes; Councilwoman Key - yes; Councilman Kerby - no; Councilwoman Griffin - yes; Councilman Harley - no; Councilman Otakie - no. Due to a tie Mayor Rozier voted yes to the motion and the motion passed to rezoning #90 Cheyenne Road from RA-1 to C-2.

4. Consider selection of DOT LMIG Grant Street Resurfacing Projects. (Chestnut Street and Cypress Street). City Administrator Akridge stated this is a 30% required match and is requesting to resurface Cypress Street and Chestnut Street. Councilman Otakie made a motion to approve the proposed streets for resurfacing. Councilman Harley seconded the motion and it passed without opposition.

5. Consider a request submitted by Gateway Church to use Taylor Park for the Gateway Summer Fest on July 29. City Administrator Akridge stated this will be for a Summerfest Community Event from 3:00pm to 8:00 on July 29th. Councilman Harley made a motion to approve. Councilwoman Griffin seconded the motion and it passed without opposition.

6. Consider Change Order #1 for Phase III Drainage at a cost of $8,680.00 from Baker Constructors, Inc. Councilman Otakie made a motion to approve change order #1 at a cost of $8,680.00. Councilman Grizzard seconded the motion and it passed without opposition.

7. Consider request from S& T Magic for a fair at Taylor Park. Mayor Rozier stated this is a small fair that which could be used to help our gym fundraiser on August 23 - 26. City Attorney Dickey stated that the motion should be to negotiate percentage of the ticket sales. Councilwoman Griffin made a motion to authorize City Administrator Akridge to contact S & T Magic Amusements with the stipulations discussed during pre-agenda, logistics, contract negotiations with funds going to the gym fund.

Citizen Wedincamp questioned why this fair is being considered when a previous fair was denied. He was advised that this is a much smaller scale fair and we have the means to accommodate the smaller size fair than the larger one.

Councilman Grizzard seconded the motion and it passed without opposition.

 

Mayor Rozier reported that this concluded the items presented for consideration for inclusion on the Council agenda prior to the deadline of Wednesday, July 11, 2018.

 

Councilman Harley made a motion to pay the bills. Councilwoman Griffin seconded the motion and it passed without opposition.

 

There being no further business, Councilman Kerby made a motion to adjourn at 9:27pm. Councilwoman Griffin seconded the motion and it passed without opposition.

 

 

Respectfully submitted,

 

 

Diane Proudfoot, City Clerk

 

Note: Section 50-14-1 of the Official Code of the State of Georgia Annotated requires that the minutes shall, as a minimum, include a description of each motion or other proposal made, and a record of all votes. These minutes meet the minimum requirements. However, in an attempt to provide as much information as possible to the citizens, the recording clerk has included additional background data and discussion on the subjects presented to council. The statements of individuals are not verbatim and may be summary in nature.