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December 3, 1984 Council Meeting December 3 , 1984 The regular scheduled meeting of Mayor and Council on December 3, 1984. The meeting was called to presiding officer Mayor Protem Jim Tolleson. All Also present was City Attorney Charles E. Camp, Police Chief R. E. Little, Acting Fire Chief Hubert Vic Broyles, Parks and Recreation Director Sherry Melinda Dameron, City Engineer Jim Mallett, Civil Librarian Doris Morris, Building Inspector Scott the press. was held pursuant to the Charter order at 7:30 o'clock p.m. by Council members were present. City Clerk Willouise Spivey, Cochran, Public Works Director Reavis, Assistant City Clerk Defense Director Jim Farley, Stokes and representatives of Invocation was given by Kathy Brooks, followed by the pledge to the flag. Jim Tolleson stated that Mayor Bacon was not feeling well tonight and would not be at the meeting. orts: Bogey Stoner, owner of the Dairy Queen said he read in the the City would be reviewing all privilege licenses to determine if they should be renewed for 1985. Mr. Stoner requested that the pouring license for McArthur' s Park in the South Cobb Plaza Shopping center be denied and cited numerous incidents of di bances caused from the patrons of that establishment. There was a meeting in st with himself and other businesses in the area, there have been no improvements. Mr. Stoner said it was now to the point his maintenance people were afraid to be there at night. Jack Shinall stated introduced an ordinance which was passed that all privilege licenses would reviewed prior to being reissued and they would review all complaints. They have met with the Police Committee and have notified the owner of this establishment that they want a meeting with them to go on record of bringing these complaints out. Jack said that last week, he and Kathy Brooks met personally with the owner brought out quite a number of things they were presently looking at. The step is for the Police Committee to get with him and for the Privilege License Committee to review the license for next year. Jim Hawkins said the owner has been sent a registe~ed letter voicing our concern over things they felt must rrected. Attorney Camp told Mr. Stoner he felt it would be appropriate to written statement for Mayor and Council and that they may also want testify at the hearing. Also, he should give dates and times of' these incidents. n: Harvey Nix requested rezoning of property on South Cobb Drive in Land 379 from Office/Distribution to General Commercial. Mr. Harold Bentley represen- ted the applicant and said this application was previOUSly tabled because he did not have plans. Mr. Bentley said he lef't a set of plans at City Hall today and also had a set for Council to review tonight. Mr. Bentley said if the zoning was approved, Stanley Tools would construct a very attractive building for a rental business. They have made a request to the State for a curb cut on South Cobb Drive but have had no response. Also, they will provide an acceleration lane if' it is required. Mr. Bentley said if' they do not get the curb cut, Stanley Tools will not take the property. Also, they meet all required setbacks and will not need any variances. Mr. Bentley also assured council that there would be no outside storage at all. Storage of the rental equipment is wi thin the structure itself. Jack Shinall stated on September 24th this request was approved by the Planning and Zoning Board but he did have some problem with the property remaining General Commercial if this type building is not constructed.. Jack Shinall made a motion the rezoning b,= approved contingent upon the curb cut being approved by the State; if this authorization is not given, then the property would remain under the present category. Max Bacon seconded the motion. Hugh Ragan said he would like the motion that no outside storage be allowed and the motion and second Jack Shinall then made a motion the zoning be approved contingent State authoriZing the curb cut. If' not, the zoning will remain as is. General Commercial zoning will require that no outside storage be allowed. seconded the motion which carried 6-0. upon the Also, the Max Bacon Privilege License: Glen Stinson requested a beer pouring license for Pizza Hut 42 Atlanta Road. Mr. Stinson said the person holding this license previOUSly found to not meet the residency requirements. Mr. Stinson said he represents Pizza Hut in the Atlanta Area and as a resident of Cobb County would be their agent to hold the license. Mr. Stinson said he does not hold any other licenses and has no financial interest in the business. Jim HaWkins said he thought a 1 icense holder must be affiliated with the company in some way. Mr. Camp said Stinson was agreeing tonight to be totally responsible for the license. ordinance did allude to ownership of the business which was changed There was no oppoaition and Kathy Brooks made a motion the license December 3, 1984 - Continued be approved. James Wil~iams seconded the motion which carried 5-1, with Jim Hawkins opposed. H03.ster requested a variance on front yard setback from 40 f'eet to 35 Lots 16, 17 and 17A of' Belmont Hills Subdivision on San Fernando Drive. When asked if' there was any opposition, three people raised their hands but said tpGoY were not really opposed, they just wanted to know what his plans were. Mr. Hoaste:t' stated there are four lots on San Fernando Drive that he wants to buy for construction of single family homes. He needs the variance because the lots drop steeply at the rear of the property. He also plans to buy lot 18 which has a recorded 30 foot building line and would not need a variance on that lot. Mr. Hoaster said the front setbacks on this subdivision varied from 20 to 40 feet. Hoaster said he wanted to build 2-story homes, 1,368 square feet, with which would sell from mid to high $60' s. Mr. Hoaster said between lots 16 17 there is a catch basin at the street and water pours out onto the side of the hill and he would extend this pipe to the creek himself at no cost to the City. Mr. Hoaster said he may not build on lot 17 but even if' he did not, would extend the drainage pipe. There were in the at the that stated Road problems the 1 ine replace also to Cherokee is completed. some questions f'rom the audience concerning the existing sewer and Mr. Hoaster said the sewer line would be piped back to creek. Vic Broyles stated the contract has already been the way to Bank Street. Jim Belk with Welker and was underway now and the 1 ine shoul d be f'irst or middle of' April, when Mr. Hoaster's construction After Jim Hawkins Kathy Brooks made a motion the variances be approved. the motion which carried 6-0. Stokes Commercial building permits were presented by Scott 1) Mr. that permit Max Bacon of 3110 Atlanta Road requested a building permit total estimated cost of $10,000. Hugh Ragan made subject to app:poval of the City Engineer and the motion which carried 6-0. to remodel at a motion the Fire Marshal. 2) Morgan and Company requested a building permit for tenant space at 4200 Highland total estimated cost of $376,000. Hugh Ragan made a motion the permit be to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. KathY Brooks made a motion tabled to the December 17th carried 6-0. the amendments to meeting. James the J.M.E.B.S. retirement plan be Williams seconded the motion which Hugh Ragan said the committee recommends that the to renovate the house on Bank at King street Kathy Brooks seconded the motion which carried 6-0. low bid and made Max Bacon made a motion the minutes of November 5, 1984 . Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of November 19, 1984 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. Bid Opening: Bids for engineering services f'or the City were opened, read and recorded.as follows: MALLETT ASSOCIA!iPES WELKER ~ASSOCIATES Reg. Engineer $35/hr Reg. Land surveyor $35/hr Projec;tEngineer $30/hr Tech./Draftsman $25/hr SurveyPar~y $50/hr Outside.Consult.-at cost Reimbursible Exp.-at cost ALTERNATIVE: $14000 monthly for 10 hours guaranteed Civil Engineer $42/hr Asst. Engi:neer $35/hr Draftsman$31/hr Electrical Eng. $56/hr Survey Crew $14-35/hr Survey Crew $60/hr December 3, 1984 - Continued MAYES, SUDDERTH & ETHEREDGE, INC. J. S. ROSS & ASSOCIATES, INC. Printing $11.55/hr Typist $24.88/hr Lab Technician $17.00/hr Drafter-l $16.92/hr Drafter-2 $23.45/hr Sr. Draf'ter-3 $26.97/hr TeChnician $26.83/hr Sr. Technician $37.50/hr Jr. Engineer $27.00/hr Engineer $l~2. OO/hr Sr. Engineer $53.00/hr Jr. Landscape Architect $24.00/hr Landscape Architect $39.00/hr Sr. Landscape Architect $50.00/hr Jr. Architect $27.00/hr Architect $38.00/hr Sr. Architect $50.00/hr Survey Party (3) $53.65/hr Survey Party (4) $65.50/hr Principal $80.00/hr Mileage @ 0.22/mile Reimbursible expenses & sub- contract consultant if requested 1.10 times invoice Professional Engineer $60/hr Project Engineer $35/hr Jr. Engineer or Civil Tech. $25/hr Reg. Land Surveyor $50/hr Civil TeChnologist $25/hr Draftsman $18/hr Computer & Operator $35/hr Survey Crew (4) $70/hr Survey Crew (3) $60/hr Survey Crew (2) $50/hr Blueprinting (in house) 18~ sq. ft. Blueprinting (outside) At cost + 10% Travel out of metro area @ 0.20/mile Hugh Ragan made a motion the bids be turned over to the Engineering Committee with their recommendation back to full council on December 17th. Max Bacon seconded the motion which carried 6-0. ce Amendments: and made 1985 meeting. Kathy Brooks read proposed amendments to the a motion they be advertised for approval zoning ordinance at the January THAT SECTION 906 BE AMENDED BY ADDING A NEW SECTION AS FOLLOWS: Section 906 - Required Parking Spaces (906.27) Warehouses - mini. Four spaces minimum plus (2,000) square f'eet of gross storage area in excess square f'eet, provided in the event the development minimum spaces shall be increased to six (6) spaces. per two thousand thousand (8,000) apartment, the one space of eight contains an THAT SECTION 713 BE AMENDED BY DELETING SECTION 713.4.1 IN ITS ENTIRETY AND REPLACING WITH THE FOLLOWING: Section 713 - OD Of'fice-Distribution District (713.4.1) Mini warehouses, for self storage only, which may inc].ude one (1) apartment for a security guard or caretaker provided the apartment is an integral part of the warehouse complex and not a free standing unit and provided said apartment shall not be leased or rented to any second part. Jack Shinall seconded the motion which carried 6-0. Request for Bids: Vie near Brawners Hospital better fire protection run about $25,000. Max the December 17, 1984 6-0. Broyles said there were two water lines on that need to be tied together and extended, for the people in that area. Vic said the Bacon made a motion bids be requested, to meeting. Jim Hawkins seconded the motion Atlanta Road to provide cost should be opened at which carried Appo:intments: Max Bacon made a motion that Clean City Committee to fill the unexpired seconded the motion which carried 6-0. Sharon term of Darby Patsy be appointed Elrod. Jack to the Shinall Hugh Ragan made a motion that Sally Foster be appointed to the Clean City Committee to fill the unexpired term. Kathy Brooks seconded the motion which carried 6-0. Committee Reports: (Parks) Sherry Reavis reminded everyone of of Music on December 6th at the 1st Baptist Church and the lighting in Memorial Park afterwards, w:ith refreshments served at City Hall. the of Fest:ival the tree December 3, 1984 - Cont:it:l.ged (Library) Doris be December 19th. Morris reported the Library's Christmas would annual p+,ogram Jim Tolleson asked James Williams said f'or the position. what they progress has been made on hiring a City Administrator. hoped to be ready the last meeting in December to advertise issue said that 17 insurance companies have filed suit cha:Llenging paid to municipalities and those funds have been f'rozen. Jim meeting last Saturday at the General Assembly and he thought soon be resolved. the said this Jim Tolleson premium he was With no further business, meeting adjourned at 9:00 p.m. ************************ December 12, 1984 meeting of Mayor and Council was held December 12, 1984 at City meeting was called to order at 6: 03 p.m. by presiding officer Mayor All Council members were present except James Williams and Jim Tolleson. present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron, Police Chief R. E. Little, and representatives of the press. Mayor Bacon stated this was a show cause hearing concerning the recent suspension of the liquor, beer and wine pouring license f'or McArthur Park on South Cobb Drive. Rob Flournoy represented Kyong S. Moon, owner and Mr. Camp stated the was actually issued to McArthur Reeves. Mr. Flournoy said that at one Reeves owned the b]Jsiness, originally known as Frontier Palace, Inc. McArthur' s Park. InJ1Jly, 1984 , Mr. Moon purchased all assets and the license was transferred. Mr. Camp said he did not believe the transferred; our records show McArthur Reeves as the license holder. Reeves had submitted a letter dated Friday, December 7, 1984, license as of 3: 30 p.m. that day and stating that he wO:J.1.d no longer as agent. Mr. Flournoy said that f'ormally, he was not aware that the had been surrendered. Mr. Flournoy presented motion to be filed with the City Clerk that charges and factual details had provided to his c1ient, and the law requires that due process has not been allega- tions are that Mr. Moon has sold to minors and allowed minors on the premises. Max Bacon said it was his understanding that McArthur Reeves license and Mr. Flournoy said he was under the impression that Mr. Moon had a valid license. Mr. it appears that the suspension of the 1 icense by the City, and the from Mr. Reeves stating he was surrendering the license were almost simultaneous; both actions took p1$l.Ge the same day. If Mr. Moon desires a written enumeration of the charges, that call for a continuation of' the hearing. Mr. F10urnoy said he would be ready wi thin a week to continue with the hearing after the charges have been submitted and meanwhile would make new application for Mr. Moon to have the license in his name. Jim said he did not see -Why we should continue with the has been surrendered by Mr. Reeves and Mr. Moon does to do business. Mr. Camp said that under these circumstances, a show cause hearing and any f'urther action would be a new Moon. the hearing since not have a license we would not have application by lVIr. Jim Hawkins said there were a lot of people here tonight that have an interest in this, they wou::td have an oppoJ::'l:;unity to speak at the hearing when the new license iEl considered. With no fUJ::'theJ::' business, meeting adjourned at 6:19 p.m. **************...**.*..*