October 3/11/17, 1988 Council Meeting
october 3, 1988
scheduled
3, 1988
P . m. by
except
and Council was held pursuant to the
Hall. The meeting was called to order at
Mayor A. Max Bacon. All council members
Jordan. Also present was City Attorney Charles E.
John Patterson, City Clerk Melinda Dameron and
of the press.
E. L. Stephens, pastor of Spring Street Baptist
to the flag.
concerning the water loss at Fox Creek Golf
settled earlier tonight and full restitution has
water and sewer charges; $16,351.00 interest and
a master meter at Windy Hill Road. The District
made and Mayor Bacon said this matter was now
Nothing to report. Mayor Bacon recognized State Senate candidate
audience.
introduced
, to
a robotized fire hydrant which was donated by
Fire Safety Week in our community.
presented
Committee
traditional crystal jonquil
Cook, who is retiring.
to outgoing Parks &
Quarterly reports were given from Public Works and Library.
Zoning request - 3452 South Cobb Drive from O&I to GC
requesting the rezoning of this property
facilitate a Goodyear Tire and Service
center. This property was zoned from R-20 to 0&1
office building. At that time there was
this property abutting residential and the concerns
the area. Since the 1986 rezoning, the owners have tried to
property as O&I and have been unable to do so. Property to the north
zoned General Commercial, with R-15 to the south and west. There was
presented
also have
to the
develop the
photos and plans of the proposed development and
of the adjacent homeowners they have no
. Brock said they have made over 300 contacts to
as O&I but were unable to secure a tenant.
said he
and
the
concerned with the narrow buffer between the
residential property lines. Mr. Brock said there
buffer between the building and property but the
this plan over his original plan of placing the
lines and leaving a 50 foot buffer because the
late at night and the building would provide a
Cobb Drive. City Engineer Mike Hutchinson had also
tonight.
a
preferred
to their
would
buffer from
plan
asked Mr. conditional zoning and whether or not the
valid if did not agree with them. Mr. Camp said if
a valid placing certain conditions an the zoning which
the public health, safety and welfare of the citizens, they would not
have to agree as long as it did not place any undue hardship an them.
Section l20l of the code allows developers to draw their plans
setbacks, etc. and this section is set aside for properties
problems relating to development such as topography, drainage,
used for a normal development. Specific plans must be presented
the plans approved by council. Mr. Shinall said he was not
the plans presented tonight because they were vague and did not
concerning parking, water retention, topography, size of
discussion, made a motion this be tabled until the plans
to place the buildings as far away from the residential property
Jack Shinall seconded the motion which carried 5-1, with Wade
October 3, 1988 meeting - continued
(B) Variance request
size allowed.
- accessory building at 505 Floyd Drive exceeding maximum
John Patterson said that Mr. Ben Brawner is requesting a variance to allow him to
construct a 988 square foot accessory building behind his house containing
approximately 1,800 square feet, thus exceeding the maximum 25% coverage allowed.
There was no opposition.
Mr. Brawner this is an alder home with no carport or basement, and not enough room
an the side of the house far an addition. The accessory building will provide
parking far his vehicles and storage for his boat, freezer, 4-wheel motorcycle,
lawnmower, etc. and the existing storage building will be removed. Mr. Brawner
said he was actively involved with SAA and occasionally in the winter months they
may use the building far basketball practice with probably no more than 5 or 6
yaung bays. There would, however, be absolutely no commercial or business
activity. Mr. Brawner said the slab for the building has already been poured and
until recently thought the building permit had already been purchased and
everything approved by the City.
After further discussion, Jack Shinall made a motion the variance be approved to
construct an accessory building for storage of personal property and only the
minimum accessory uses as stated by Mr. Brawner tonight. Bill Scoggins seconded
the motion which carried 6-0.
(C) Variance request - side yard reduction from J.O feet to 3 feet at 3004 clifton
Road.
John Patterson said that Mrs. Vera Farrer is requesting this variance to construct
an accessory building 3 feet from the property line far storage. The rear yard is
heavily wooded, rocky and steep and not usable. The adjacent property owners have
agreed to the variance and there was no apposition from the audience.
Mrs. Farrer said her husband makes small pieces of furniture as a hobby but not
far commercial use, and the building would be used for storage of tools and
equipment. With little discussion Jim Hawkins made a motion the variance be
approved as requested. Wade Lnenicka seconded the motion which carried 6-0.
FORMAL BUSINESS:
(A) Open bids - fire hose.
Bids far new fire hose were opened, read and recorded as follows:
Harolds Sales & Service
Harry Harless Co.
$21,500
$27,063
Jack Shinall made a motion the bids be turned over to the Fire Committee far their
recommendation back to full council. Bob Betenbaugh seconded the motion which
carried 6-0.
(B) Appointment to Parks & Recreation Commission - Ward 6.
In the absence of Kathy Jordan, the appointment for Ward 6 was delayed to the next
meeting.
(C) Appointment to Parks & Recraetion Commission - Ward 2.
Wade Lnenicka made a motion that Peter Correa be appointed to the Parks Commission
representing Ward 2. Bob Betenbaugh seconded the motion which carried 6-0.
Bob Davis made a motion his appointment be
Shinall seconded the motion which carried 6-0.
tabled to the next meeting. Jack
(D) Appointment to Parks & Recreation Commission - Ward 1.
BID AWARDS:
(A) Sanitation Service contract
John Patterson said proposals were solicited on August 16th from seven sanitation
services doing business in the Atlanta area for comprehensive sanitation services
for the City beginning January 1, 1989 far a 5 year period. We received 5
proposals on September 6th; United Waste asked that their proposal be removed from
on September 7th. There has been a good bit of analysis and
review of figures given in addition to the analysis of
the marketplac€Oin the sanitation field and the county landfill in
The staff recommendation is to go with the Chambers Development
bid because it meets the low bid criteria and is the most
bid in this matter.
Wade
stated that when we went out for proposals we looked at three
; the residential system, the commercial contract and also asked far
street The Public Works Committee reviewed the request far
recommended leave the residential system alone because they
a in the cast and there was some concern about
we have in and the future of the long-term employees we
department. recently signed a contract far street sweeping
year and the also decided to leave that con"tract in effect.
said these rather than sealed bids and read a section
that was given to the vendors stating, "the City understands
that could be made to make it mare attractive
We are willing to discuss any of these and to
ff Mr. Lnenicka said this was brought out in the
were discussions with individual contractors
and concepts. There were 5 proposals received and
us with our current commercial vendor which is
and Waste Management. Chambers submitted two
with increases to be passed along. The other
the other vendors did not do, which provided
on the CPI index. The fixed price proposal from
proved to be significantly less expensive to the
on a 5 year total cost of the proposal given and the
in the computation.
made a
be authorized to negotiate a contract with
garbage based an their fixed price
Mayor, once negotiations are completed~ to
the motion.
the City
contract. Bill
said
the
the award of the contract because he
was prepared. It was prepared with a consumer
previous contract did not include that. Mr.
consumer price index go down, so theoretically
rates every year, or the increase
was being fair to people and
increases in with the CPI.
said he had
we will be
He did
not agree
he
that
he could
involved to
rate.
them and the
the CPI.
he did not by adopting the Chambers
mean an increase far commercial pickup. wade
Mr. Shinall's concerns but there are too many
a company to forecast a 5 year contract an an
other proposals had some type of pass through increase
chambers proposal is guaranteed at a maximum 5% increase
not oppose the award to Chambers but objected to
in its entirety. Vote on the motion to award
Shinall opposed.
the bid for playground for Lake Court and
Miracle at $17, upon their durability and
but most of their equipment is pre-assembled which
run during installation. Jim Hawkins seconded the
Contracting
building
Scoggins
which
requested a building permit for construction of
Hawthorne Avenue at a total estimated cost of
made a motion the permit be approved. Jack Shinall
carried 6-0.
CONSENT AGENDA:
(A) Approval to surplus 1957 fire truck
(B) Approval of September minutes
(C) Approval of Lex Jolley & Associates, bond underwriters.
Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded
the motion which carried 6-0.
COUNCIL INPUT:
Wade Lnenicka said he was pleased that restitution had been made by Fax Creek and
that was one of our primary goals from the beginning.
Wade Lnenicka reminded everyone the water ban is still in effect.
Jim Hawkins said he
30th and was no longer
was of the opinion that the water ban was to end September
in effect.
Jack Shi.nall said the Fire
prevention week and there
Ball.
Department is doing a goad job in promoting fire
are many activities planned including the Fireman's
Bob Betenbaugh reported on parks activities and said he also was pleased that we
had reached a settlement with Fax Creek Golf Course. Many people thought there was
no progress being made because of the period of time lapsed s.ince the
investigation began.
With no further business, meeting adjourned at 9:13 p.m.
KATHY BROOKS JORDAN, WARD 6
October ll, 1988
A special called meeting of Mayor and Council was held October 11, 1988 at Smyrna
City Hall. The meeting was called to order at 6:05 p.m. by presiding officer Mayor
A. Max Bacon. All council members were present except far Jack Shinall. Also
present was city Administrator John Patterson, City Attorney Charles E. Camp and
City Clerk Melinda Dameron
Mayor Bacon said the purpose of this meeting was to discuss
matters in the Police Department. Bob Davis made a motion the
allow further discussion. Jim Hawkins seconded the motion which
personnel
be closed to
6-0.
The meeting reconvened at 6:50 p.m. and Bob Davis made a motion that based upon
investigation and recommendation by the Police Committee, Police Chief R. E.
Little be suspended for five (5) days from October 13, 1988 through October 19,
1988 and that he be notified of the suspension by letter. Bill Scoggins seconded
the motion which carried 6-0.
John
suit
been
Patterson reported that we would be moving into trial next week an the FLSA
and presented a memo to council outlining an offer of settlement that had
made by members of the Fire Department involved in the suit. Federal law
be made and Mr. Patterson said he wanted
settlement offer and possibl.e liability
lose the case in court.
said tha..t
Bank Street
City at a 5%
value of
Wi.t Carson has received a contract of $64,900 far the
the end of King Street. Wit is now acting solely as
commission fee. A formal appraisal has not been made
the property has been de.termined by Clint Bucker at
made a motion we accept the offer of $64,900. Bill Scoggins seconded
carried 6-0.
business, meeting adjourned at 7:12 p.m.
October 17, 1988
Mayor and Council was held October 17, 1988 at
called to order at 7:30 o'clock p.m. by
All council members were present except for
Charles E. Camp, City Administrator John
and representatives of the press.
by
Skye Allison, pastor of Smyrna Church of the
to the flag.
Mayor
recognized Ken
Parris,
candidate far the State
read a
Legion
far Poppy Day and presented it to representatives
Reports were given by Parks and Recreation and Finance.
Cobb Drive from O&I to GC (Conditional)
Brock is requesting this zoning far Long & Cox
to facilitate a Goodyear Tire and Service
center. This was zoned from R-20 to 0&1
office building but owners have been unable
the 0&1 category. Property to the north and east is
R-15 to the south, R-15 and General commercial to
tabled at the October 3, 1988 meeting. There was
the development and said they had, at the request
many accommodations as possible to the adjacent
in the colored rendering, they have added a
and agreed to add additional buffering behind
fence behind the Goodyear Car Center was
Engineer to allow the additional buffer and
that will be attached to each end of the
get to the maintenance area far the buffer.
October 17, 1988 meeting - continued
They also made an attempt to move the car center forward but were unable to do so
and still provide adequate parking. Although this is a minimum size building for
Goodyear, they are still off the 10 foot setback about 2 feet on both sides.
Jim Hawkins said he had spent same talking with the residents of Lake Drive and
said one concern he still had was with the gate, and he would prefer to do away
with it completely to discourage littering, vandalism, etc.
After further discussion, Jim Hawkins made a motion the zoning be approved from
Office/Institutional to General Commercial (Conditional) with the following
stipulations:
1) that a 12 foot buffer be observed;
2) red kelly brick, or some type of brick be used on the exterior of the back
of the building with no windows or bays being visible from the back of the wall;
3) that an 8 foot privacy fence be installed as shown on the plat presented
tonight, with no gates being allowed;
4) buildings cannot be re-arranged from the drawing presented;
5)
white needle pines and red tip photinas be planted in the 12
buffer.
Jack Shinall seconded the motion which carried 6-0.
(B) Rezoning
Commercial.
request
770 Windy Hill Road from Future
to General
John Patterson said that Everett Royal is requesting this rezoning to construct a
recreational camper sales facility. The 100 year flood fringe will be filled to
facilitate the development and the 100 year flood way will be maintained. Mr.
Royal has also deeded the necessary right of way to widen Windy Hill Road. There
was no opposition.
Mr. Royal said this property is about 60% in the flood plain and it will be filled
at least 1 foot above the flood line in accordance with state and local codes.
They will also try to improve the drainage problems on Windy Hill Road in
conjunction w.i th their development. Mr. Royal said he has signed a conditional
lease with Discount Campers to sell tents, campers, etc., but no large motor
homes. This will be a 2880 square foot building with a 35 x 80 showroom with a
small office and parts room. The retention pond will be built to serve this
development and the adjacent property since the retention pond far that parcel was
never constructed.
Fallowing discussion, Kathy Jordan made a motion the zoning be approved with a
stipulation that the back portion of the property remain in its natural state. Jim
Hawkins seconded the motion which carried 6-0.
(C) Variance request - side yard reduction at 1721 Cutler Ridge
John Patterson
minimum side
the footing
is now almost
said that Bob Thornton is requesting this variance to reduce the
yard from 10 feet to 8 feet. A mistake was made during the layout of
boards and not discovered until after they had been poured. The house
complete and ready for occupancy. There was no apposition.
Mr. Thornton said they laid aut the footings and had a survey made before any
concrete was poured. The surveyor assured him there was 18 feet the property
line. The bank later required a foundation survey and at that time learned the
original surveyor was no longer in business. He then called Gaskins for a survey
and discovered there was 8 on the side line instead of 18 they were
originally told existed. Mr. Thornton said they have had this lot surveyed a total
of 5 times.
Fallowing discussion, Wade Lnenicka made a motion the variance be approved. Bill
Scoggins seconded the motion which carried 6-0.
(D)
Variance request
minimum lot width reduction at 2756 Stone Creek Road
John
the
Patterson said that James D. Cunningham has requested this variance to reduce
minimum lot width at the building setback line. He is proposing to divide the
fee simple
lot widths
were 6 people
will contain
only be 62
in opposition.
the 15,000 square feet required to
and 68 feet instead of the 85 feet
was sworn in with Linda Mercer,
of the apposition.
owner of
the
lot,
and
said the
to
ather
of the
be out
13,000 to
is in the flood plain and it will require a lot of
and make drainage improvements required for
can be met with this exception. Mr. CUnningham
in the subdivision varied from 80 to 78 feet and
. Mr. Cunningham said he was proposing to build
15,000 square feet in size to be leased or rented.
the
Williamson of Rosalyn Lane spake in apposition because he felt
was excessive and would not be in keeping with the ather homes in the
discussion
far a
be an
in the
denied.
Shinall said applicants far variances must prove an
to be granted and a financial hardship has not
Secondly, the lots as proposed would be the
Far those reasons, Jack Shinall made a motion
seconded the motion which carried 6-0.
computer
far Library.
equipment were opened, read and recorded as follows:
Systems
, Inc.
Consultants
$13,365
$16,945
$15,390
$25,250
$16,948
full
be turned over to the committee for their
Wade Lnenicka seconded the motion which
made
back
a
to
6-0.
to Parks &
Commission - Ward 1.
made a
the
be tabled to the next meeting. Wade
to Parks
Commission - Ward 6.
a motion McDaniel be reappointed to the Parks Commission
Jack Shinall seconded the motion whi.ch carried 6-0.
Business license request
J&J Security Alarm, 4499-F South Cobb Drive.
said that J. Buckner has applied for a business license to
alarms in the city. The police investigation was favorable and Mr.
licensed through the State of Georgia.
said his
to allow
and
for our
office is located just outside the City, but was requesting
install residential and business alarms in the City.
by the State. Mr. Shinall asked Mr. Buckner to furnish a
files.
a motion the
6-0.
license be granted. Wade Lnenicka seconded the
COMMERCIAL BUILDING PERMITS:
There were no permits far consideration.
Shinall made a motion the law bid of $21,500 be awarded to Harolds Sales &
for new fire hose. Kathy Jordan seconded the motion which carried 6-0.
CONSENT AGENDA:
(A) Approval to request bids - fire department vehicle
(B) Amendments to FY89 budget
(C) Agreement - Executive Golf, Inc.
(D) Re-naming of King Springs Park to Tolleson Park
Jim Hawkins made a motion the Consent Agenda be approved with the exception of
item (C), the agreement with Executive Golf, Inc. Kathy Jordan seconded the motion
which carried 6-0.
COUNCIL INPUT:
Jack Shinall reminded everyone that this is Fire Prevention month.
Jim Hawkins read a letter from the Jesse Coleman Council concerning the Red Ribbon
Campaign October 24-30 promot.ing a drug free Georgi.a, and asked far the City's
participation.
Wade Lnenicka asked about the water line construction on Atlanta Terrace. John
Patterson said Welker & Associates is funding the relocation of this line but it
is still in the design stage.
wade Lnenicka said the construction of the new Public Works facility is coming
along well and we hope to have it ready for occupancy by next month.
Jim Hawkins said at the last meeting he made a statement that
been lifted and that was incorrect. The water ban is still in full
ban had
Mayor Bacon thanked Bob Betenbaugh
re-naming of King Springs Park.
and the
Parks Committee for approving the
With no further business, meeting adjourned at 8:51 p.m.
A. MAX BACON, MAYOR