CITY OF MORROW, GEORGIA
Regular Council Meeting
May 24, 2005
PRESENT AT MEETING: ALSO PRESENT:
Jim Millirons, Mayor Jeff Eady, Acting City Manager
Virlyn Slaton, Mayor Pro Tem
C. R. Huie, Councilman
Thomas J. LaPorte, Councilman
Charles O. Sorrow, Councilman
Mayor Millirons called the regular meeting of the Morrow City Council to order at 7:30 p.m. The meeting took place in the Council Chambers of the Morrow Municipal Complex, 1500 Morrow Road, Morrow, GA 30260. Everyone stood for the Pledge of Allegiance to the flag. Councilman Sorrow gave the invocation.
PRESENTATION: Chief Sewell; 30 years of service.
The Mayor and Council presented Chief Sewell a watch in appreciation for 30 years of service.
Chief Sewell thanked the Mayor and Council and said a few words about his career with the Department and how essential the Mayor and Council are to the success of the City.
OLD BUSINESS:
No old business.
NEW BUSINESS:
Item 1: Request for subdivision of property known as Parcel 12-111A-00B-0003, Mt. Zion Promenade
Comments:
Mr. William H. Dyer began by explaining that he told his potential purchaser to come in and speak with the City, but the potential purchaser has not yet come in to discuss the development plans. The purchaser is confident that the development wi11 be nice and not contrary to what the City wants, the potential purchaser hopes to occupy the space with the Holiday Inn Express.
The Mayor pointed out that the Planning and Zoning Board recommended approval for both property issues on the agenda.
Councilman Huie asked if the prospective buyer realizes that when the property is split into two lots he has no signage. Mr. Dyer explained he himself made that perfectly clear to the buyer. He explained that the signage issue was not a deal breaker for the buyer.
Councilman Huie strongly recommended that Mr. Dyer encourage the potential buyer to speak with City officials. He further explained that the buyer must occupy part of the track where the sign is or he is not legally able to put a sign there. Councilman Huie added that talking to City officials may avoid future claims from the buyer that he did not know the City’s expectations.
Councilman Sorrow asked about the plans and Mr. Dyer pointed out that Phase II of the plans showed access points at both ends of the property and that the primary entrance location will be up to the buyer.
Councilman Slaton asked if the ingress and egress will be on both sides. Mr. Dyer said yes and that the buyer had some ideas about approaching the bank (RBC Centura) about possibly getting something over to Southlake Parkway, but explained that earlier attempts to do that had failed.
Councilman Huie had questions about whether the egress on the East side would affect parking. Mr. Dyer pointed out that the space would not affect parking and Jeff Eady interjected that the buyer, in order to make the best use of the property, would probably put their storm water underground.
The Mayor addressed an issue of expanding one of the two drives to create a 50 foot exposure to Mt Zion; the buyer would own it and give Mr. Dyer permanent cross easement. Mr. Dyer explained that the issue had not been discussed and has concerns about such a move in regards to a lender. Mr. Dyer commented that he is opened minded and willing to talk to the buyer if that is something needed.
The Mayor directed Mr. Dyer to tell the buyer to speak with Mrs. Bean and the City Manager who will return next Tuesday.
Councilman Sorrow asked if the buyer owned other property and if it was in this area. Mr. Dyer responded that he does own other property but is not clear on the location.
Councilman Slaton made the motion to approve the recommendations of the Planning and Zoning Board (Planning and Zoning Board approved the sub division of the property), seconded by Councilman LaPorte. The motion passed unanimously.
Item 2: Request for Conditional Use/Variance of property located at 6800 Jonesboro Road.
Mr. R. Lee Tucker, representing Maxey Price and Georgia General Finance, clarified that the property being discussed is currently Drive Time and that the City has been very cooperative in reaching a use for the property which facilitated the revitalization of property. As a part of the agreement, Maxey Price was to file for a conditional use and variance relating to the property to ensure everything was executed properly.
Mr. Tucker apologized for the obvious miscommunication between himself and the client and the tenant as to who was supposed to file the application for variance. After some time passed, Mr. Tucker received a letter from attorney Laurel Henderson in April advising him that the application had not been submitted. So they filed the application and that is why Mr. Tucker is before the Mayor and Council again today.
Mr. Tucker asked for approval of conditional use which would allow a car dealership within the BG zoning classification and to also grant variances to the conditions of the ordinance to facilitate the new use on that site. Mr. Tucker pointed out that the parcel is an unusually shaped site. The site is bounded by the railroad on one side and a five lane road on other side. Asking for conditions and variances encroach into the 50ft set back which is usually not allowed. It is shorter than the required depth, only 88ft wide. The building structure is covering 66% of the lot which varies from the allowed 50% and it is not the required 3 acre tract, only 9/10 of an acre. Mr. Tucker asked the Mayor and Council to approve variances to bring them into conformity with City’s ordinance protocol and to allow for continued use of the site.
Mr. Tucker explained that the Planning and Zoning Board requested an update before the Mayor and Council regarding an obligation to install street lights and sidewalks, a part of the original agreement. The City, in an effort to work with Maxey Price, allowed the property owner and tenant to hold the installation of these features for a period of time.
Sidewalks and lighting are due to be installed by April of next year; that is the requirement. Mr. Tucker has been in contact with Drive Time in Arizona but has not been advised as to whether or not this project will be completed any earlier than April 2006.
He understands this issue is of great importance to the City and will follow up with Drive Time. Mrs. Bean has sent information and photos to ensure Mr. Tucker’s company understands clearly the City’s development requirements.
The Mayor asked which of the two, conditional use or variance, forced them into the other? Mr. Tucker explained that the variances were caused by the conditional use request. Mr. Tucker again apologized for having to come before the Mayor and Council as these issues should have been resolved last summer.
The Mayor commented that he is well pleased at Mr. Tucker’s effort to cooperate with the City, which contrasts to earlier negativity. He reminded Mr. Tucker that it could have been enforced that nothing would be allowed to go on the parcel and agreed that the space is peculiar. The Mayor expressed appreciation for their efforts to beautify the property. Mr. Tucker again explained that he appreciates the opportunity to come into compliance.
Councilman Huie stated that his understanding is that Drive Time, not Maxey Price would be in charge of these upgrades. Mr. Tucker said it is the tenant’s obligation but assured Mayor and Council that regardless, it will be done.
Councilman LaPorte asked if there are two separate issues. The first issue is with sidewalks and pedestrian lights and the second with the replacement of the wooden poles which are currently located on the site with metal poles?
Mr. Tucker said it is the same issue. There are wooden poles on site that are not supposed to be there. Councilman Laporte explained that the big issue is the wooden poles being replaced with metal. Jeff Eady agreed and said that is what was discussed with the Planning and Zoning Board.
Councilman LaPorte asked if they were still willing to handle the pole replacement. Mr. Tucker said yes, he thinks it is an obligation under the agreement.
Councilman Huie made a motion to grant a variance for items listed with the statement that the lighting and sidewalk requirements will be completed by 1, April 2006, and will be worked through the approval of our Public Works Director. Councilman LaPorte seconded the motion. The motion passed unanimously.
Item 3: 2006 Department of Transportation LARP contract approval.
The Mayor explained that LARP contracts have consistently been approved for 25/30 years and recommended approval again this year.
Councilman Sorrow made the motion to approve LARP contracts, seconded by Councilman Huie. The motion passed unanimously.
Item 4: Approval of Resolution 2005-08 authorizing matching funds for a recreation grant through the Land and Water Conservation Fund.
Councilman Sorrow asked if the grant was a 50% match, Jeff Eady answered yes.
Councilman Sorrow made the motion to approve Resolution 2005-08, seconded by Councilman LaPorte.
Discussion:
Councilman Laporte asked if the resolution states we can go up to $50,000, does that mean the total grant would be $100,000. Grant Administrator, Sylvia Redic answered yes; if the local match goes up to $50,000 to total project cost will be $100,000.
The motion passed unanimously.
COMMENTS:
Citizens-
Danny Rudd congratulated Chief Sewell for being here 30 years; he has enjoyed working with the Chief.
Mayor and Council-
The Mayor thanked Jeff Eady for acting as City Manager in John’s absence.
Bob Huie congratulated Chief Sewell, seconded by Slaton.
Mayor Millirons adjourned the meeting at 8:15 pm.
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JIM MILLIRONS, MAYOR
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VIRLYN SLATON, MAYOR PRO TEM
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C. R. HUIE, COUNCILMAN
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THOMAS J. LaPORTE, COUNCILMAN
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CHARLES O. SORROW, COUNCILMAN
ATTEST:
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Sylvia Redic, City Clerk