City Commission

ROME CITY COMMISSION Tuesday, May 28, 2024 The Rome City Commission met at 6:30 p.m. this date in the City Commission Chambers of City Hall, 601 Broad Street. Mayor McDaniel and Mayor Pro Tem Bojo were present, along with Commissioners Brock, Cochran, Beeman, Quick, Collins, and Robinson. Commissioner Doss was absent and excused. Commission Cochran opened the meeting with prayer and led in the salute to the flag. Minutes – May 13, 2024 The Minutes of the May 13, 2024, meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Street Closing Resolution – Medical Drive Commissioner Quick moved to adopt a resolution which would initiate the process to close a portion of Medical Drive. Medical Drive is a cul-de-sac street that runs north off Three Rivers Drive. The new Rome Middle School is under construction on the adjoining property. Commissioner Collins seconded the motion, and the vote was unanimously in favor. Street Closing Ordinance – First Reading – Hill Street Secretary Smith announced that an ordinance has been prepared regarding the closing of a portion of a street formerly known as Hill Street. This street runs between E. 14th Street and Archer Street. A second reading on this matter is scheduled for the June 10th City Commission meeting. Assembly Ordinance – First Reading Secretary Smith announced that an assembly ordinance is being placed on first reading tonight. This ordinance has recently been reviewed and amended by the Public Safety Committee. A second reading is scheduled for the June 10th City Commission meeting. Coin Operated Amusement Machine Ordinance City Attorney Andy Davis reviewed the coin operated amusement machine ordinance, which is on second reading and scheduled for a vote at tonight’s meeting. Mr. Davis led a discussion regarding this proposed ordinance during the Caucus session prior to tonight’s meeting. Mr. Davis further explained that he has spoken with the attorney for the Master License Holders of Georgia along with the Georgia Lottery Association, and the ordinance before the Rome City Commission tonight, follows Georgia laws and only implements regulations as allowed by the state. Approximately 80 other cities in Georgia have adopted a similar ordinance. This ordinance will require a separate City of Rome occupational fee (business license) for coin operated amusement machines, and Davis reviewed the signage that will be required by our ordinance, if adopted. He stated that the City of Rome will have authority for audits and the establishments with COAMs will be required to submit quarterly reports to the City of Rome regarding COAM gross revenues and that no more than 50% of the total revenue from each location (exclusive of alcohol) is allowed to be generated by COAMs. Mr. Davis explained that if a hearing is required, the hearing 1 procedure would be similar to the procedure used for alcohol hearings and these hearings will be conducted by the Alcohol Control Commission. There are certain requirements that establishments will have one year for compliance. These included limiting the machines to no more than six per business, the machines must be in “plain view”, and the establishments must meet distance requirements equal to those in place for beer package establishments, among others. Commissioner Robinson moved to adopt the coin operated amusement machine ordinance as presented and Mayor Pro Tem Bojo seconded. Commissioner Collins commented on this topic stating that 99% of the establishments housing COAMs are owned by Indians. He is aware of one black owned establishment in the City of Rome. He further stated that this ordinance is not known or understood by many of the store owners, and he requested that this matter be placed on hold in order to allow the establishments to get a better understanding of the requirements. Commissioner Collins also expressed his concern about the penalties that could be imposed in violation of the proposed ordinance and the charge of a misdemeanor. He voiced concerns regarding the signage required, specifically outlining a pay out from a single play of no more than $5.00. Commissioner Collins is of the opinion that this is not consistent with the Georgia Governor’s policy and his encouragement of the expansion of COAMs. Collins stated that contrary to the comments made by some, it is more than just poor people who play COAMs, and he feels that a high percentage of customers are “people of color”. He concluded his statements by stating that he feels that the proposed ordinance could cause some of the businesses that have COAMs to close. Mayor McDaniel spoke in contrast to some of Commissioner Collins’ comments. Commissioner Collins added that he was particularly concerned that some establishments may not meet the 50% rule with their COAM gross revenues exceeding the other revenues of the establishment. Commissioner Beeman questioned how customers are paid when winning the COAM games. In the past, “payouts” have been restricted to merchandise only, however the State of Georgia will be allowing payouts in the form of gift cards that can be used at other establishments beginning in 2024. Mayor McDaniel stated that the Floyd County Commission is entertaining an ordinance similar to the one before the City Commission tonight and that COAMs are an important topic statewide with the Georgia Municipal Association. So much money is generated by these devices, yet local governments are not receiving any of the proceeds. While the State of Georgia allows very little control by local governments with COAMs, the City of Rome is taking steps to put in place the regulations that the State does allow. McDaniel concluded his comments by stating that the Georgia Legislature has, in effect, approved casino gambling without a public referendum. With the discussion concluding, Commissioner Robinson’s motion to approve the ordinance as submitted, was approved by the following vote: YES: Bojo, Brock, Cochran, Beeman, Quick and Robinson NO: Collins Coin Operated Amusement Machines and Vape Products Resolution City Attorney Davis explained that since the City of Rome has now adopted a COAM ordinance, the City should extinguish the moratorium on new COAMs in Rome. The resolution before the City 2 Commission tonight would remove the COAM restriction, however it would extend the restriction on “vaper” establishments through November 26, 2024. The purpose of the “vaper” extension is to give the City time to study this topic and determine what regulations, including zoning regulations, may be considered for implementation in our community. Mayor Pro Tem Bojo moved to adopt the resolution as presented. Commissioner Quick seconded, and the vote was unanimously in favor. Z24-05-04 Rezone 1315 Dean Avenue Commissioner Quick presented rezoning file Z24-05-04, the request to rezone property located at 1315 Dean Avenue and identified by Floyd County Tax Parcel number J14O-145, from Community Commercial to High Density Traditional Residential. The Planning Commission and staff have recommended approval of this rezoning request. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps, and photographs of the subject and surrounding properties. Mr. Wood stated that there is a single family home located at this site, and the owner has requested that the zoning be changed to match the use of the property. This is a map correction type of rezoning. Mr. Wood also stated that the applicant has also notified him that they would be out of town at the time of this public hearing. Mayor McDaniel called a public hearing to order concerning this matter. There was no one to speak in favor or opposition of the request and the public hearing was closed. Commissioner Quick moved to approve the rezoning request of 1315 Dean Avenue from Community Commercial to High Density Traditional Residential. Commissioner Robinson seconded, and the vote was unanimously in favor. SUP24-05-06 2516 New Calhoun Hwy Commissioner Quick presented file SUP24-05-06, the request for a special use permit for an existing funeral home to provide crematory services in an Office Institutional zoning district. This property is located at 2516 New Calhoun Hwy, and it is identified by Floyd County Tax Parcel number K13X-005. The Planning Commission and the staff have recommended approval of this special use permit request. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps, and photographs of the subject and surrounding properties. He stated that the plan is for crematory services to be offered at an existing funeral home. Mr. Wood also referenced a letter from the Department of Public Health stating that there are no expected issues with the crematory services at this location. Mayor McDaniel called a public hearing to order concerning this matter. Speaking in favor of the SUP request was Mr. Kyle Kiser, 241 Wayside Road. Mr. Kiser stated he is the owner and operator of this business and with up to 60% of the public choosing crematory services, he would like to offer this service at their funeral home. There was no one else to speak regarding this matter and the public hearing was closed. 3 Commissioner Quick moved to approve the special use permit request for crematory services at the funeral home located at 2516 New Calhoun Hwy in an Officer Institutional zoning district. Mayor Pro Tem Bojo seconded, and the vote was unanimously in favor. Z24-05-07 Rezone Callier Springs Road Property Commissioner Quick presented rezoning file Z24-05-07, the request to rezone property located on Callier Springs Road and identified by Floyd County Tax Parcel number K15X-262 and portions of K15X-259, K15X-264, and K14Z-001, from Multifamily Residential to Suburban Residential. The Planning Commission and staff have recommended approval of this rezoning request. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps, and photographs of the subject and surrounding properties. He stated this property is comprised of approximately 182 acres and that approximately 465 single family homes could be built on this site. He added that originally the entire tract was planned for multifamily homes and with the change in construction plans, single family homes would be built on a portion of the property. Mayor McDaniel called a public hearing to order. Speaking in favor of the request was Mr. Kenneth Wood of Atlanta, GA. Mr. Wood spoke of the advantages this property offers with river access and the investors have determined that single family detached homes would be advantageous to add with the multifamily homes. Mr. Wood also stated this is a downzoning request moving from Multifamily Residential to Suburban Residential. Mr. Wood added that a GDOT traffic study is underway and there could be a request for a three-way stop or other traffic calming measures as a result of the traffic study. Mr. Wood stated that the price structure is expected to begin in the $320,000 range. Also speaking regarding this matter was Mr. Grant Miller, 2637 Callier Springs Road. Mr. Miller stated he is not opposed to the zoning; however, he did request that improvements to Callier Springs Road to safeguard traffic and allow for higher traffic counts in a safe manner be implemented. Mr. Miller stated that Callier Springs Road has many deficiencies and work is needed to make the road more applicable to a higher traffic count. With there being no further comments, Mayor McDaniel closed the public hearing. Commissioner Robinson moved to approve the rezoning request as submitted for this Callier Springs Road property from Multifamily Residential to Suburban Residential. Commissioner Quick seconded, and the vote was unanimously in favor. Z24-05-09 Rezone 314 E. 1st Avenue Commissioner Quick presented rezoning file Z24-05-09, the request to rezone property located at 314 E. 1st Avenue and identified by Floyd County Tax Parcel number J14E-012, from Community Commercial to Urban Mixed Use. The Planning Commission and staff have recommended approval of this rezoning request. Rome/Floyd Planning Director Brice Wood reviewed this file, displaying maps, and photographs of the subject and surrounding properties. Mr. Wood stated this is a former warehouse site that predates any zoning regulations in Rome. There is renovation currently underway to put this site back into use with a variety of potential businesses. 4 Mayor McDaniel called a public hearing to order concerning this matter. There was no one to speak in favor or opposition to this request and the public hearing was closed. Commissioner Quick moved to approve the request to rezone 314 E. 1st Avenue from Community Commercial to Urban Mixed Use. Commissioner Robinson seconded, and the vote was unanimously in favor. Joint Services Committee Mayor McDaniel announced that the Joint Services Committee will meet on Tuesday, June 4th at 9:00 a.m. at the Floyd County Administration Building. Finance Committee Mayor Pro Tem Bojo announced that the Finance Committee will hold a called meeting on Monday, June 10th at 3:30 p.m. in the Sam King Room. Water and Sewer Committee Mayor Pro Tem Bojo announced that the Water and Sewer Committee scheduled for Thursday, June 6th has been cancelled. Inmate Housing Agreement Commissioner Brock stated that the Public Safety Committee is recommending that the City of Rome approve a new inmate housing agreement for City inmates housed at the Floyd County Jail. This agreement will be between the City of Rome, the Floyd County Commission, and the Floyd County Sheriff. Mr. Rich explained that currently the City of Rome pays a $15.00 booking fee and a $40.00 daily inmate charge. Under the new agreement, the booking fee will rise to $25.00 and the daily inmate fee with rise to $65.00. The City of Rome has, for many years, implemented a 10% add on to traffic fines as authorized by the Georgia Jail Staffing Act to generate funds to help pay the city’s inmate cost. Commissioner Brock moved to approve the inmate housing agreement. Commissioner Collins seconded the motion, and the vote was unanimously in favor. Rome/Floyd Planning Commission Commissioner Quick announced that the Rome/Floyd County Planning Commission will meet on Thursday, June 6th at 2:30 p.m. in the Commission Chambers of City Hall (2nd floor of City Hall). Adjourn With there being no further business, Mayor McDaniel adjourned the meeting at 7:32 p.m. Joseph F. Smith City Clerk 5