City Council

City of Bowdon Mayor and Council Meeting/Public Hearing Monday, December 18, 2023 7:00PM Mayor and Council Chambers, 182 Grammar School Road I.- VI. Agenda Items: The Mayor and City Council met for a regular meeting on Monday, December 18th, 2023. The meeting was called to order by Mayor Jim Chaffin at 7:00PM. The invocation was led by Mayor Pro-tem Jan Johnson and was followed with the Pledge of Allegiance. Members present: Mayor Jim Chaffin Mayor Pro-tem Jan Johnson Councilmember Marty Johnson Councilmember Wes McEntyre Councilmember Randy Saxon Staff present: City Manager Gary Bullock City Attorney Kevin Drummond Police Chief Mark Brock City Clerk Susan Pierce Main Street Director Jan Gibbs The minutes from November 13, 2023 and November 29, 2023 were approved with no objections. The agenda was approved with no objections. Recognition of Averi Lowen, Freshman at BHS – State Cross-Country Champion Mayor Chaffin recognized Averi Lowen, freshman at BHS, for winning the GHSA Class A Division 2 State Cross- Country Championship on November 3 rd. She out-ran the field of 109 runners with a time of 20.10, which was 34 seconds ahead of the 2nd place finisher. The mayor presented her with a certificate of recognition from the city. VII. Public Hearing – Zoning Appeals recommendation on the variance request from Bowdon Holdings LLC for property located at 340 E. College Street (proximity variance – convenience stores). The Zoning Appeals Board met on December 12, 2023. After their discussion, the board voted to recommend that the variance request be denied. The vote was 4-0 with one abstention from Kris Henderson. Mr. McEntyre asked if we had the minutes from the Zoning Appeals meeting. Ms. Pierce left the room and made copies of the minutes for each council member. Mr. Johnson asked if the appeals board knew why the appeal was being made – he was under the impression that the appeal was because of the timing of the ordinance update as to the submission of the business license request. Mr. Bullock noted that they only considered the distance between stores in their decision. Mr. McEntyre said there was a lot of discussion at the Zoning Appeals meeting. Mr. Johnson said he thought the appeal was based on the timing, not the requirements of the ordinance update. He wants to know that the appeals board made their decision based on all the facts. Mr. Gillani spoke and said the consensus at the appeals meeting was that the board was kind of thrown into making the decision based on the timing of the ordinance update, so they felt they should only vote on the exception on the distance between stores. VIII. Public Comments 1. Noah Steed, 401 E. College Street, said he lives on a small farm 140 feet from the subject property.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 He would like for Council to consider maintaining the residential character of the neighborhood. The former service station/mechanic shop was an icon there for many years. They closed at 5:30 during the week and only opened half a day on Saturdays. Mr. Steed said he does not believe that the current owners will lose money if they choose to open a different type of business on the property. He also mentioned the former Harvell store, which was denied an alcohol license, but changed the business type, is still open. Ammar Gillani, owner of 340 E. College Street, spoke next. They would like an approximately 50-75 foot variance to be able to open a convenience store at this location. They purchased the property on March 10, 2023. On April 10, 2023, the Council adopted a 6-month moratorium to prevent any convenience stores opening until they had time to review and revise the city’s code of ordinances to better control the location of any new stores in the city limits. Prior to their purchase, in January 2023, he called the city clerk’s office and was told by Susan Pierce that the property was zoned Commercial and did allow convenience stores. She told him there was a church nearby which would not allow an alcohol license to be issued. There was some question about whether the church building would qualify as one that would prohibit the issuance of an alcohol license. Ms. Pierce recommended he speak with City Attorney Kevin Drummond. The business license for the former business identified it as a service station/gas station. Line 3 under permitted uses in C1 Commercial lists gas stations, service stations and convenience stores all on the same line. Mr. Gillani said he was under the impression that it would be grandfathered in because of that permitted use. They are already Main Street sponsors and want to help out Bowdon. They don’t want another vacant building in the city. There are examples in the handouts of other stores they have renovated for the council to review. They include new pumps, canopies, facades, etc. They want to help improve the community and save Bowdon from having another vacant building. They have support from the former owner as well as a few other citizens in Bowdon for their plans to open a convenience store with fuel. Mr. Gillani also mentioned that the owners of the Marathon station are charging higher prices for their fuel than stores in nearby cities. His store would create competition and possibly lead to lower prices. Councilmember Marty Johnson asked if they had alternate plans in case this variance is not approved. Mr. Gillani said no, they made their investment here based on how much they could make with a convenience store. Mr. Johnson asked Mr. Steed about the 2 types of commercial property he mentioned before, and he clarified that the Comprehensive Plan identified the property as a “commercial node” and the city has it zoned as C1 Commercial. Councilmember Saxon said they were told in good faith that they could put a convenience store there. Mr. Johnson asked who told them, and Ms. Pierce said she told them. At the time they first called, a convenience store was allowed on the property. Ms. Pierce said she told them that the only thing was they could not have an alcohol license because they were too close to a nearby church. She said Mr. Gillani questioned the validity of the church building since it was in a small “strip mall”. She put him in touch with the City Attorney for an answer to that question. Mr. Johnson asked if City Attorney Kevin Drummond could comment. Mr. Drummond said his concern is that if a city official gave him instructions that this was a legal purpose allowed on the property, that was an issue that we would have to deal with. The new ordinance would apply to someone inquiring after the fact. The conversations he had concerned the allowance to sell alcohol because of the nearby church. The property was purchased March 10 and the moratorium was put in place April 10. Mr. Saxon said that was what bothered him, that the moratorium was after the fact. Erica Henderson, 419 E. College Street, stated that she thinks there is a big difference in being told that you can apply for a business license and being granted a business license. She doesn’t think it is justifiable that they be granted an exception since the license hadn’t been applied for. She is also concerned about the increased traffic if they are allowed to open the convenience store. She also thinks there needs to be a clear understanding of what may be coming in the future.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 Daniel Holz, 309 E. College Street, spoke not only as a citizen but also as a member of the Planning Commission. The commission recommended that the city adopt an updated definition of convenience stores and distance requirements between stores in the city limits. The commission felt this was a positive step to manage growth within the city limits. The council agreed and approved the recommendation. He feels that to immediately offer a variance would be a misstep which would undermine the intent of the definition which was to create a diverse mix of businesses in the city limits. Mayor Chaffin asked if Mr. Holz thought it was okay to make the decision retroactive. Mr. Holz asked what the intent was of defining convenience stores, and why was the commission asked to review and recommend the update. Mayor Chaffin said he hoped it was for everything going forward. Mr. Holz asked if the request for a convenience store was already in process before the update, why are we even reviewing the request. Mr. Saxon said they started the request in January when they asked about the zoning. In March they purchased the building in good faith having been told they could open a convenience store. We came after the fact and stopped them by updating the ordinance. Mr. Holz asked what the legal position would be, and Mayor Chaffin asked Mr. Drummond for his input. Mr. McEntyre asked when the business license application was made and was told it was submitted in November. Mr. Gillani said they were not able to apply earlier because of the moratorium. Mr. Holz said in that case he did not see a conflict as far as reflecting on something in the past, since the license was not applied for until November. Mr. Saxon also said that it was because of the moratorium that they did not apply earlier. Mr. Johnson asked, had they gone ahead and applied for the business license when they first bought the property, before the moratorium, would this be a non-issue now. Ms. Pierce said she thought it would. City Attorney Kevin Drummond said if he had been asked/told that the city had already given them assurances this was a permissible use at the time they purchased the property, he would have advised the city to issue the permit/license. Mayor Chaffin said he just wanted to be clear for himself, the moratorium satisfies why they didn’t apply. This decision was put in place after they approached with questions about buying the business. His problem is with the timing of it. Erica Henderson spoke again concerning the timeline. The purchase was March 10, the moratorium was put in place April 10, so why was the business license not purchased during that time? Mr. Gillani said that in good faith they agreed to let Dalton McElroy, the seller, continue to operate in order to finish work with some of his longtime customers and tie up some loose ends and gather his things. So in good faith, they did not want to seem like they were going to kick him out of the building. Ms. Henderson said that from a legal standpoint they made a choice not to go ahead and apply for a business license so that would not be grounds for an exception. Mr. Johnson asked Mr. Drummond his opinion on the legal stance. Mr. Drummond said that the courts wouldn’t really concern themselves with the date of the application for the business license so it’s not going to make a difference. What would make a difference is what assurances that the city gave them that the convenience store would be allowed. Mr. Gillani said that was what they did; they had confirmed in January that the convenience store was allowed, and they purchased it based on those facts. Mayor Chaffin said he wanted everything to be legal. He does not want the city to make a decision that could cost us later. He deferred to the city attorney once again Mr. Gillani said they weren’t told about the moratorium we weren’t given any notice that this was even a possibility. They were told after the fact that it happened and weren’t able to voice their opinion. It was brought up and passed in the same meeting Mr. Chaffin asked Mr. Drummond, having heard what you have heard, with the intent to buy in March, and postponed because of an agreement they had with the owners of Styles Service Station, and then in October we passed the new ordinance describing what a facility should look like and how far apart, and now we’re using that to not allow them to make a purchase, give us some guidance.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 Mr. Drummond – the fact that what he has heard tonight is different than the last time we had this discussion a few weeks ago, he wasn’t aware that the city had a conversation before the purchase when it was allowed, they purchased based upon assurances from the city that their intended purposes were permitted, and they made investment based on that. The court is going to look at that and the court could very easily find that they had invested based on that. It’s impossible to know how the court will rule. That’s what the court will look at, did they have a vested interest when they purchased the property. This council just like any council can always adjust to changes to variance and zoning rules. Just because I own property in the city doesn’t mean I have a forever vested interest in any use of the property that was permitted at the time I bought it, but if I go and make an investment and I checked with the city and say can I do this, and I’m told I can and I go and follow up on that and make a substantial investment, then that’s the kind of arguments we see when people make vested interest arguments. So, I think it’s a concern; if I had known that in the beginning, I would have probably advised the city manager to issue the permit and it wouldn’t have come before the council because it would have been a permitted use. Mayor Pro-tem Jan Johnson spoke as a citizen and as the representative of Ward 1 where the subject property is located. She said we have 5 convenience stores already in Bowdon and 4 are in Ward 1. She can walk to a convenience store in a very few minutes. Our zoning and planning board did look at the ordinance change, and it was based on the density, not wanting to have too many convenience stores in any one area. Our appeals board turned down the variance appeal last week based on the concerns of residents nearby, and besides the mention of nuisances with noise, traffic and lighting, it’s important to always consider the nature of the neighborhood and this neighborhood has been historically residential. Across the street is zoned R-1, east is R-1, Tarpley Street is R-1 and R-2. There is low-, moderate- and high-income housing. In the city planning, consideration has to always be given to preserving the quality of life. This is something that hasn’t been particularly mentioned but not just today, but tomorrow also and for years ahead. Businesses can be a positive force; they can bring value in or be considered value-out. Our focus should be on what’s best for future generations, preserving the quality of life for those who have chosen to live here. Traffic is a real concern as well as extensive noise at any convenience store. These things should be considered. In regard to the legality, I think that everything we did, cities do to adjust their ordinances. It was not intended to hurt; it was an intent to preserve. There was no zoning when the station was built. It is a historic area. I just ask you to consider those things plus the concerns of the people who have spoken. Mayor Chaffin said he agreed with Ms. Johnson but was concerned with the legality of the situation. Mr. Johnson spoke again. He has talked to citizens too and understands the concerns of noise, lighting, traffic, and late hours. Ms. Johnson said the people would love to have a service station/oil change business again. Ms. Terri Pyle, 325 E. College Street, across from the Waffle House property. She is just concerned with 24-hour opening. If they close at a decent hour at night, she is okay with it, but would not like the lighting from a 24-hour business. Shei is concerned about crime, because she had a young man sitting on her front porch not long ago, which she reported to the police. Mr. Saxon asked what the intended hours of operation. Mr. Gillani said they will be running a study to determine the hours. They also will work with the lighting so that it will not be intrusive. Ms. Johnson said there is a housing project just north of the location and is afraid there will be a lot of foot traffic crossing the road to get to the store. Mr. Gillani said even though his supporters were not present, he hopes council will take into consideration that there are some citizens who support their plans for a convenience store. Ms. Henderson said she is still concerned about the number of question marks still associated with the hours, tanks, and future plans. Mr. Gillani said the tanks are already there and Georgia EPD does regular mandated testing. They were in use with the former owner, so everything is in compliance with the gas tanks.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 VIII. Business Session A. Decision on variance request for 340 E. College Street (proximity variance – convenience stores) Mr. Bullock reminded council that at the last meeting, there was a motion to table the decision concerning a request for a convenience store business license at 340 E. College Street until after a variance hearing before the Zoning Appeals Board. Motion by Councilmember Saxon to take the request for a business license for 340 E. College Street off the table; second by Councilmember Marty Johnson; motion carried with a 2-1 margin, with Councilmembers Marty Johnson and Randy Saxon voting in favor, Councilmember McEntyre voting against, and Mayor Pro-tem Jan Johnson abstaining. Motion by Councilmember Saxon to reject the recommendation from the Zoning Appeals Board to deny the proximity variance request submitted by Bowdon Holdings LLC for property located at 340 E. College Street and grant the variance request to the applicant; motion died due to lack of second. Motion by Mayor Pro-tem Jan Johnson to accept the Zoning Appeals Board recommendation to deny the variance request from Bowdon Holdings LLC for a proximity variance for property located at 340 E. College Street; second by Councilmember McEntyre; motion carried 3-1, with Councilmember Saxon voting against the motion. B. Architect recommendation for work at Bowdon Gymnastics Center – Mr. Bullock obtained 3 quotes for the architectural work at the Gymnastics Center: 1. Fortinberry Associates out of Vestavia Hills, Alabama - $75,000 fee proposal 2. TSW out of Atlanta, Georgia - $172,000 fee proposal 3. Bell & Associates out of Carrollton, Georgia - $40,825 fee proposal Mr. Bullock recommends local architect Bell & Associates due to overall suitability and cost. Motion by Mayor Pro-tem Jan Johnson to accept the recommendation from Mr. Bullock to go with Bell & Associates Architects from Carrollton, Georgia for the architectural work at the Bowdon Gymnastics Center; second by Councilmember McEntyre, motion carried unanimously. C. Workers Compensation Policy renewal – Mr. Bullock reported that there was a 5.3% increase over last year, at $20,911. He recommends we continue with Apex through McGriff Insurance, Jim Henderson. Motion by Councilmember McEntyre to renew the workers compensation policy with Apex Insurance; second by Councilmember Marty Johnson; motion carried unanimously. D. GEFA Loans to be executed – We have already approved first loan of $2,180,000; GEFA approved it with a principal forgiveness of $763,000. This is for the infrastructure improvements, installing valves and replacing old lines. The second loan is for the Lead Service Inventory we are required to conduct, due October 15, 2024. We must identify all service lines containing copper and lead for the EPD. We qualified for a $64,850 loan, and the principal forgiveness is $64,850.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 Motion by Mayor Pro-tem Jan Johnson to execute loan # DW2022013 for $2,185,000 with a principal forgiveness of $763,000 for infrastructure improvements; second by Councilmember McEntyre; motion carried unanimously. Motion by Mayor Pro-tem Jan Johnson to approve loan # DWLSL2022115 for $64,850 with a principal forgiveness of $64,850; second by Councilmember McEntyre; motion carried unanimously. E. Development of Watts Park – Mayor Chaffin noted that the Watts family was asking about development of the property donated by their family. There are no requirements in the deed, but Councilmember Marty Johnson said that out of respect he recommends we begin to do something. Mayor Chaffin recommended we finish the picnic area we already started and put a sign up designating it as Watts Park. Motion by Councilmember McEntyre to proceed with continuing the development of Watts Park, to a maximum of $20,000 to purchase picnic tables and a sign; second by Councilmember Saxon (who also suggested opening up the opportunity for the public to buy picnic tables and benches in honor of people); motion carried unanimously. F. Alcohol license renewals – Mayor Chaffin asked if Chief Brock had any problems with any of the renewal applicants; he said there were no problems. 1. El Mezcal Restaurant 2. Magnificent Group Store 3. Piggly Wiggly 4. Bowdon Kwick Shop 5. 701 Red Devil (D-Mart) 6. Veer/Patel Food Mart 7. Bowdon Mini Mart 8. O’berry’s Restaurant 9. Tacos El Torito Restaurant 10. Brown’s Package Store Motion by Councilmember McEntyre to approve all of the alcohol license renewal applications as presented; second by Councilmember Marty Johnson; motion carried unanimously. G. City Manager reports – Street Sweeper came in; tested out today. We have had a request to reopen Spring Street to help school buses have a safer turn. We are researching to be sure we still have ownership of the street. H. Department Reports – no comments IX. Financial Session A. Property Tax Unpaid Balance summary – no comments B. November Financial Reports – no questions C. Cash balances as of 12/15/2023 – no comments Motion by Mayor Pro-tem Jan Johnson to enter into Executive Session to discuss real estate; second by Councilmember McEntyre; motion carried unanimously.  City of Bowdon Mayor & Council Meeting Minutes December 18, 2023 Mr. Gillani asked before the Executive Session started if he could submit another business license after hearing the city attorney state that if he had known everything stated here, he would have recommended that the city manager issue the business license. The Mayor and City Attorney both declined to answer or comment on the statement. X. Executive Session Motion by Councilmember McEntyre to exit Executive Session; second by Councilmember Marty Johnson; motion carried unanimously. Motion by Councilmember McEntyre to adjourn the meeting; second by Councilmember Marty Johnson; motion carried unanimously. XI. Adjournment _________________________ ________________________ Mayor Jim Chaffin City Clerk Susan Pierce