01-10-1980 Special Called Meeting(Continuation of January 7, 1980 Meeting)
Fire
Jim Tolleson, Chairman
Jack Shinall &
John Steely
Police & Civil Defense
Elbert Coalson, Chairman
Jim Hawkins &
Jerry Mills
Public Works, Garage
Jack Shinall, Chairman
Max Bacon &
and Construction
Elbert Coalson
Employees Benefits
Max Bacon, Chairman
Elbert Coalson &
and Insurance
Jack Shinall
Library
Jim Hawkins, Chairman
Jim Tolleson &
Jack Shinall
Sanitation
Max Bacon, Chairman
John Steely &
Jim Tolleson
Announcements: Neighborhood Watch Program, January 9th at 8:00 p.m., City Hall;
the Jonquil Breakfast at Fair's Restaurant on the 16th; the GMA Mayor's Day on
January 20th and 21st and the next Council meeting on January 21st.
Jim Farley asked permission to request bids for an air pack for the Civil Defense
department, which has already been budgeted. Elbert Coalson made a motion that
bids be requested for the air pack, seconded by Jack Shinall. Vote on the motion
carried by a 7-0 vote.
Meeting adjourned at 8:25 p.m.
January 10, 1980
A special called meeting of Mayor and Council was held January 10, 1980 at City
Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer
Mayor Frank Johnson. All Councilmen were present. Also present was City Clerk
Willouise Spivey.
The purpose of the meeting was for the residents and owners of Foxmoor Apartments
and surrounding property owners to discuss with Mayor and Council the recent
closing of Love Street Extension and to ask their reconsideration of this action.
Mr. John P. MacNaughton was the attorney representing Foxmoor Apartments and
read a letter from C. J. Sanford, Fire Marshal, addressed to the Mayor and Council
as follows: "With regard to the item on the agenda of the meeting of the City
Council regarding the closing of the Love Street entrance to the Foxmoor Apart-
ments, I strongly recommend that the street entrance be left open. These apart-
ments were built before the adoption of any fire codes; therefore, there are
no firewalls or fire stops. There are only a few fire hydrants within the
complex; indeed there is only one fire hydrant at the Love Street entrance to
the complex which is necessary for fire line supply to the back buildings. The
fire codes, as written, do not grant this office to require the complex owners
to install additional hydrants, firewalls, or fire stops. Therefore, in the
interest of safety I strongly recommend that the Love Street entrance at Foxmoor
Apartments -be left open." Mr. MacNaughton stated he was not here tonight to
really discuss the legality of the closing of the street, but the practicality of
the closing in regards to safety, fire control and easy access. They are sensitive
to any problems they may be causing any neighbors and want to talk about ways of
correcting these problems.
Jerry Mills explained that in accordance with the City Charter, the City has the
right to open or close any street it desires. The main reason for the closing
of the street was, it is too narrow. -A petition was presented to Council from
the surrounding property owners requesting the street be closed. A considerable
amount of money is involved in widening the street and he felt that what they
were really saying in the petition was to close the street, not spend the money
to widen it.
(Continuation of January 10, 1980 Meeting)
Mr. MacNaughton stated the owners of Foxmoor might be willing to bear the expense
of widening the road, but he felt it would be inappropriate to make such an offer
prior to the outcome of the meeting tonight.
Jim Hawkins stated he was the person responsible for sponsoring this action and
that he was aware of the problem before he was elected to office, by talking to
people in the area. They asked him then to look into it, and he was contacted
later by several residents in the area asking for help again. They had several
serious problems with the street. Jim stated in his opinion, the street is
nothing more than an.extended driveway. From information received, when the
apartments were built they simply asphalted up to the street and joined onto it,
and it was never a legally opened street. It is impossible for a fire truck to
get into the complex with cars parked as they are. As a compromise to all con-
cerned, a padlocked gate was erected with a key given to the Fire Department.
The gate was installed, but was completely torn down before the next morning.
On two other occasions, the padlock on the gate was cut off. It seems the
residents are not really concerned with the fire safety, but the convenience of
having the street open.
Jerry Mills stated residents on Love Street had also complained about people
walking from the apartments coming onto their property and littering streets and
yards. Mr. MacNaughton replied he felt that should be a police problem, and
not a problem that would involve closing the street.
Jerry Mills requested the following sections from the Georgia Code Annotated be
recorded and made a part of these minutes: Authority as to Streets; Sections
95A-5, 95A-6, 95A-831, 95A-844, 95A-901, 95A-1017, 95A-1210.
Tena Griffeth, resident manager of Foxmoor, in response to a question from Mr.
Coalson stated there were two other entrances to the apartments, on Medlin Street.
During discussion, Mr. MacNaughton stated that the cars being parked at the street
was the apartment owner's problem, and they would rather deal with that problem
and do whatever had to be done to accommodate their tenants, than have the road
closed.
Mr. Holloman represented the homeowners in the area and said basically, all the
facts have been mentioned tonight. Even if the apartment owners did away with
parking completely around this area, there is an area 10 or 12 feet wide that has
a culvert that would be a problem if the road'was.widened. Also, many times there
have been people moving in or out of the apartments between 10:00 p.m. and 2:00 a.m.
disturbing homeowners on Love Street. The main thing is the safety factor involved,
and this has been their concern, along with the nuisance problems. Further, if
the City had an adequately equipped width street all the way through and the City
constitutes it as a street, they would not have the right to come here and ask that
it be closed. The removal of the parking area would not serve the purpose for
safety factors as we have mentioned before.
Jim Hawkins stated he would not be in favor of the City expanding the road since
the road serves only one purpose, the citizens of Foxmoor Apartments. Jerry Mills
also said he would not be willing for the City to spend the money to widen the
street, which in his estimation would cost between $10,000 and $15,000. Mayor
Johnson stated it appeared to all concerned that it would be agreeable to widen
the street, if the apartment owners would bear the expense and asked Mr. Hawkins
to work with Mr. MacNaughton and the apartment owners and report back to Council.
Mayor Johnson also suggested that the Foxmoor Apartment owners present a proposal
to the City outlining everything they would be willing to do that would prevent the
closing of the street.
Jerry Mills requested that Section 47 of the City Charter concerning the opening
and closing of streets be made a part of the minutes.
Jim Hawkins stated he would obtain an estimate for the widening, curbing and
installation of drain pipes and leave it with the resident manager, but he felt
there would be two property owners involved and asked Mr. MacNaughton to check
into that. Further, he felt the gate is a fair compromise from a safety standpoint.
He recommended the gate be padlocked again, and if the lock is;cut that it be
barricaded permanently.
After further discussion, it was agreed that Jim Hawkins would work with Mr.
MacNaughton in an attempt to reach some agreement within the next 30 days. The
City will also move the gate back approximately five feet so that it will not
hinder cars parked there, and will be kept locked.
Meeting adjourned at 8:37 p.m.