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.
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