Loading...
January 23, 1985 Council Meeting ::!il \ I \' I January 23, 1985 The regular scheduled meeting of Mayor and Council was held January 23, 1985 (....b...at Smyrna City Hall; The meeting was called to order at 7:30 o'clock p.m. by '" presiding officer Maydr Arthur T. Bacon. All Council members were present. Also \J present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Vie Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Dameron, Building Inspector Scott Stokes, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Cittl.zens Reports: Fred Bostick spoke on behalf of Hubert Cochran, urging council to appoint him Fire Chief. Mr. Bostick said he was the most qualified person for the job and reminded them of the petition submitted 3 years with over 600 names, aSking that he be made chief. Jim Hawkins said the petition was a part of the permanent record and would be taken into consideration. Mayor Bacon said the council would probably re-interview several of the candidates before making a decision. .\ Sue Brissey asked abou t the status of the paved parking lots on Concord Road. Mr. Camp sai~he was making some progress toward taking action. -.... Mr. Allen Perry with Bell South Mobility asked when the moratorium would be lifted on variances. Mr. Perry said they need to raise the height of their tower on Corn Road, which would require a variance and urged council to let his company file an application for a variance. Mr. Perry was told he could file an application now, but it could not be heard until the moratorium was lifted. '~ '~ Rezoning: Buddy Redd represented Thomas J. Northcutt in their request to rezone approximately 7l acres in Land Lot 775 from Future Commercial to General Commercial. There was a large group in opposition and representatives from both sides were sworn in by.Attorney Camp. Mr. Redd said they were proposing a retail developmenet on this property which is presently zoned Future Commercial. The land plan was prepared by Mayes, . Sudderth and Etheredge and the development would meet all setback requirements. They also hired LRE Engineers to prepare a traffic study of the area and their plans indicate the development would make a regional improvement on traffic. Mr. Redd said the existing traffic is the reason they want to place retail stores on the site, but it would not generate additional traffic. They now have an alternate plan, which would re-route Campbell Road through their property at their expense, and actually mean swapping right of ways. This would eliminate the existing light at Campbell Road which would be moved to Carolyn Drive. Mr. Redd said they' also had given up one curb cut on Spring Road which was about the best they could do. '~ Max Bacon asked if they had done a study concerning schools in the area. Mr. U Redd said they did not get the actual count of the number of students in the area. It was their opinion that this development would generate less traffic than an office development, and there would be no traffic in the mornings before 9:100 or 10:00 a.m. when stores normally open. Max Bacon asked why they did not request Neighborhood Shopping rather than General Commercial. Mr . Redd said they would take whatever council would grant to allow them to build this development. Mr. Redd asked Mr. Camp about the legality of swapping the right of ways to re-route Campbell Road and Mr. Camp said he would have to research that issue. ~~ '-J Mr. Redd said they have also entered into a land use agreement with the owners of Countryside Condominiums adjace~t to this property about certain uses; i.e., where dumpsters will be located, lighting, etc. I, ''-:': I' Max Bacon said he h,fid some reserva,tions about the relocation of the light which would affect the ~~stdents of Fa~mstead, but thought the overall concept was good. : I ::. " Scott Youngblood re'p,resenting Countryside homeowners spoke and said they objected to the development and felt offic~s would give more privacy to the residents. Also, children wa~~1 to and from Argyle School and there was some concern for their safety. They I:, also felt the integrity of this residential neighborhood Ii was being destroyed. There was some discussion about buffers and Mr. Redd said that most of thei1;j. buildings would abut the tennis courts at Countryside, with 100 or 150 foot buffers. I u J . Fout others from the, audience by Mr. Camp. One restdent said ask,ed to speak in " the maj or concern opposition, and were sworn in seemed ito be for Spring Road; .' :..J , :1 ... . January 23, 1985 - Continued however, Campbell Road is also residential and some consideration should be ~~iven for traffic in that area. Susan Holland from Farmstead said the agreement with Johnstown Properties that Mr. Redd referred to was done before the property was turned over to the Homeowners Association at Countryside. Hank Johnston,.a resident of Farmstead said they have a large problem with traffic and certainly did not want the light relocated. Ed Diston from Farmstead also spoke and said there were no zoning notices on the property since December 30 or 31. He was also concerned that a liquor store or restaurant may go in, where .?rinlfs would be sold. Max Bacon said he had been told that they would not pursue obtaining a liquor license due to the close proximity of the school. /' Shelly Heisler with Countryside asked what type buffer would be used. said apparently they had reached an agreement with Johnstown Properties an opaque buffer, which could be plantings or an attractive fence. Mr. Camp to provide Mayor Bacon called for a 5 minute recess to allow everyone in the audience time .\ to review the plans submitted tonight. r \.I When the meeting reconvened, Scott Youngblood spoke again and said they still felt this development would be detrimental to the community and still felt that Office/Institutional zoning would be more acceptable. There was some discussion about deliveries and Mr. Redd said they would abide by whatever was in the agreement with Johnstown. As far as improvements to Spring Road, they had agreed to add an additional lane and had already reduced one curb cut. Max Bacon said he had several problems with this development, one being the roads, which would cause the City undue expense if we have to pick up where the developer plans to put these 3 lanes and improve that section on Spring and Campbell; it would cause unreasonable intrusion on existing neighborhoods; deliveries being made to the shopping center; and safety for school children which has really not been addressed well enough. Max Bacon made a motion the zoning be denied for the above mentioned reasons. Jim Hawkins seconded the motion which carried 6-0. ~ Rezoning: Seventh-Day Adventist Church requested rezoning of approximately 15 acres in Land Lot 530 from Residential to Office/Institutional. Chuck Holmes represented the Association and there was no opposition. Mr. Holmes said they were proposing to build a church on the property, just off King Springs Road and south of Smyrna Towers. This is a natural area of steep slopes and a creek and they did not want to take away from any of the natural terrain. The 0&1 zoning was being requested to allow them room to meet setback requirements for the structure. Mr. Holmes said that eventually, the entire tract would be used for church related facilities such as a school, book store and office space. Jack Shinall reminded him that the other buildings on the property would be taxable, and only the church exempt. With little discussion, Hugh Ragan made a motion the zoning be approved. Jack Shinall seconded the motion which carried 6-6'. I Residential Business License: Michael McGee requested a residential license for A&M Waterproofing, Inc., 599 Kennesaw Drive. There were two in opposition and were sworn in with Mr. McGee. Mr. McGee said he was requesting the license only to allow a girl to come to his home from 4: 00 to 6: 00 p.m. to do his paper work until he can get everything settled on property he has purchased. He will move everyt~ing off the property that pertains to his business. Mr. McGee said he does not have al:. F()ntract on the property as yet, but would build an office for his business. Mr. Camp reminded him that the property he discussed at the last meeting was 'zoned General ~ommercial, which does not allow for outside storage. :t' Mr. and Mrs. Riley, Iresidents of ,Kennesaw Drive spoke in opposition and said they were concern~d.~bout destroy~ng this residential n~ighborhood; They also stated that Mr. Mcqee does not live in the house and has not for quite some time. He comes there in the mornings and gets his men out on their work assignment. 'W \ . :1 i '-. When asked about ownership of the, property, Mr. McGee , ' , property; he sold ;t~e house to Cliemco, Inc. about 3! to buy it back. Mr. ~cGee also said~the existing storage but it would be taken down. said he does not own the years ago with an option building was not permitted, , ,I Kathy Brooks said she also had a letter from another resident in opposition and! m,de a motion ~the license be denied and given 6 weeks to remove the material from the property. ,: Max ~ ' , " I on Kennesaw Drive that Mr. McGee be Bacon seconded the 1 " I . . ' :> :;. ,'. \'. January 23, 1985 - Continued ! i motion which carried 6'-0. mmercia1 Bui1din Permits: Commercial building permits were presented by "ngpector Scott Stokes and recorded as follows: J 1) Georgia Conference Association of Seventh-Day Adventists requested a building permit for new construction at 4061 King Springs Road at a total estimated cost of $337,000. Hugh Ragan made a motion the permit be approved subject to approval of . the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. t 2) Highlands Overlook; Ltd. requested a building permit for new construction on Highlands Park Drive at a total estimated cost of $2,895,600. Max Bacon made a: motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 5-0. 3) Taylor Tools requested a building permit for new construction at 2966 South Cobb Drive at a total estimated cost of $200,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. ... ;\ Jack Shinall said he wanted to make council aware that there was some question in regard to location of the sign for Taylor Tools but he was working with Mr. Bentley on that. Also, their curb cut will be from the Askea Drive easement ~ because the State would not approve a curb cut for South Cobb Drive. '.J Mayor Bacon was out of the room when the first two building permits were approved and that portion of the meeting was conducted by Mayor Protem Jim Hawkins. Ordinance Amendment: Attorney Camp read an amendment to Section 21-2 of the Code of Ord}nances, which, when approved will adopt certain sections of the Uniform Code of Georgia which regulates motor vehicle accident insurance requirements for vehicles operated. on the streets. This ordinance will allow the Smyrna Recorders Court to have jurisdiction over violations, which are noW referred to a higher court. The amendment has two provisions for penalty; one for operating a vehicle without insurance and the other for operating a vehicle without proof of insurance. CHAPTER 21 TRAFFIC Section 21-2 is hereby amended by adding paragraph (b), adopting the "Georgia Motor Vehicle Reparations Act", Uniform Code of Georgia Sections 33-34-1 through 33-34-13, by reference to regulate motor vehicle accident insurance requirements for vehicles operated in the City of Smyrna and repealing all other ordinances and sections of ordinances in conflict herewith; so as to read as follows: ., (b) The provisions of Uniform Code of Georgia Sections 33-34-1 through 33-34-13 known as the "Georgia Motor Vehicle Reparations Act" are hereby adopted as and for the regulation of motor vehicle accident insurance requirements for vehicles operated in the City of Smyrna with like effect as if recited herein. 'J I, (c) PENALTIES. Any person who operates a motor vehicle in the City of Smyrna I without insurance shall be guilty of and punished as a misdemeanor (Section 1-8 of this ordinance). Any person who shall operate a vehicle in the City of Smyrna withCJilt proof of insurance, or who shall fail to furnish such proof upon reasonable request, shall be fined a sum not to exceed $25.00. This ordinance shall become and be the City of Smyrna ,'. . GEforgia and the to accomplish this intent. made a sections part of of this the Code ordinance of Ordinances of may be renumbered Jim Hawkins made a motion the ordinance be approved. the motion which ca~ri~p 6-0. James Williams seconded '-.J ", '. " , Homestead Exemption! ' Max Bacon said there were two areas of the Charter concerning Homestead Exemption. which he felt should be changed, the first having to do 'I ! . with the length of.r~~idency requir~d to qualify and the other where both property owners must be 65:: to qualify. Ma;x Bacon made a motion this proposed amendment be turned over to. the Finance comrittee with their recommendation back the first meeting in February. Attorney Camp said this is local' legislation and it is important that we contact Senator Tolleson to be sure this part of the Charter is renewed. Jim Ha~k~ns seconded th~ motion which carried 6-0. ,~ ..1 ,(:W c!.,J "-4,,; ...... ...-:,..=--- '::~ ~anuary 23, 1985 - Continued .) Resolution: Max Bacon sa~d that the approved a resolution recommending for 1 alcohol sa1e~' and were urging "reservations about this, unless all Camp read the resolution as follows: City of Marietta and Cobb County had recently to bar owners that they discontinue the 2 others to do the same. Max said he had some cities adopted the same resolution. Mr. WHEREAS, there exists cause for concern that alcohol over indulgence is encouraged through the practice of serving multiple drinks for the price of one at certain hours known as "Happy Hours", and WHEREAS, the entire regional area is being urged to cooperate in this effort to ban so-called "Happy Hour" drinking practices, NOW, THEREFORE, BE" IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA that all establishments in the City of Smyrna privileged to be licensed to serve alcoholic beverages are encouraged and recommended to end such practices. BE IT FURTHER RESOLVED that the other juriscictions in the Metropolitan area are urged to do the same. .\ Max Bacon made a motion the resolution be motion which carried 6-0. Jim Hawkins stated to be misled by this resolution because it is ban the 2 for 1 sales; however, he hoped the themselves to abide by it. adopted. Jim Hawkins seconded the that he did not want the citizens not binding and we cannot actually business owners would take it upon Max Bacon said we have received four proposals to replace the council chambers and made a motion they be turned over to with their recommendation back at the next meeting. Kathy motion which carried 6-0. the sound system in the Finance Committee Brooks seconded the Bid Opening: Bids for the Emergency Outdoor Warning System equipment were opened, read and recorded as follows: Harolds Sales & Service Taylor's Police Supply Southeastern Safety Supply Item .1 -- $3,220.00. $3,401';00 $3,850.00 Item II' -- $420;00 $448.40 $472.00 .Item IV -- $490.00 $ 501. 60 $528.00 Item III -- $320.00 $163.40 $340.00 Jim Hawkins made a motion the bids be turned over to the Public Safety Committee with their recommendation back at the next meeting. Max Bacon seconded the motion which carried 6-0. There were no bids Ragan made a motion which carried 6-0. received on I:the installation of the EOWS equipment. Hugh the installation be re-bid. Jim Hawkins seconded the motion I! II i for the water line on Atlanta Road were opened, read and ! Bid Opening: Bids recorded as follows: Trescon Corp. Lovern Construction BP Enterprises Complete Pipeline $39,470 $ 31,395 $26,100 $30,480 James Williams made a motion the bids be turned over to the committee with their recommendation back;..tq. 'ful1 council at the next meeting. In response to a question from Max Bacon, Vie - Broyles said he still has not contacted the Brawners Hospital about them sharing.,. i[\ the cost of, the line. Jack Shinall said we also need to know where the money. will come from when the bid is awar.ded. Max Bacon seconded the motion which carried 6-0. I I ; Request for Bids: I Kathy Brooks made a motion bids be requested to replace 5200 square feet of ceiling tile and clean runners at the Library, to be opened February 18th. Jack Shinall seconded the motion which carried 6-0. Request for Bids: I ,Jim Hawkins m.ide a motion bids be requested to replace lights at Jonquil Park field #1 to be opened at the February 4th meeting. Bacon seconded the motion which carried 6-0. the Max ;'1, Request for for' a Parks Bids: Jim Depar,tment Hawkins made truck, to be a motion bids opened at the be requested for a dump bed February 4th meeting, which I.: \l ~- ~ ~ -.... \J p . A RESOLUTION WHEREAS, there exists cause for concern that alcohol over indulgence is encouraged through the practice of serving multiple drinks for ~ the price of one at certain hours known as ~Happy Hours~, and I WHEREAS, the entire regional area is being urged to cooperate in this effort to ban so-called ~Happy Hour~ drinking practices. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA that all establishments in the City of Smyrna privileged to be licensed to serve alcoholic beverages are encouraged and recommended to end such practices. BE IT FURTHER RESOLVED that the other jurisdictions in the Metropolitan area are urged to do the same. DAT~'lI,~3, /~;:-r ~ ~tOc;_c~_ APPROVED: ATTEST: c .... o. ........ .""' . ;..:. .. "- ..1 crM~rI~ '-' MAYOR ARTHUR T. BACON CITY COUNCIL WARD 1 JIM TOLLESON WARD 2 MAX BACON WARD 3 JAMES WILLIAMS WARD 4 JIM HAWKINS WARD 5 JACK SHINALL WARD 6 - '~HY BROOKS ~ WARD 7 HUGH RAGAN CITY CLERK WILLOUISE C. SPIVEY CITY ATTORNEY CHARLES E. CAMP RECORDER'S COURT JUDGE C.V. REEVES .. 'I! POST OFFICE BOX 1226 SMYRNA, GEORGIA 30081 '.; '.- --- -.... ..\\. THE JONQUIL..CITY TEL.EPHON E 434-6800 -' ...- .,-.-,-..-....-..-.- .....-...~._--...- ---..-...------ -.------.- January 31, 1985 Gentlemen: Enclosed is a copy of the "RESOLUTION'! recently adopted by Mayor and Council concerning the practice of serving multiple drinks during "HAPPY HOURS". The success of this resolution will be predicated on the collective cooperation by those of you who are in a position to regulate the number of drinks served during happy hours. I personnally believe that all citizens of Smyrna will benefit from ~our voluntary efforts to curb the daily TWO for ONE practice. Sin ce re 1 y , '7 ..-} __' ----j F? ~ /\JC(-. Arthur T. Bacon Mayo r c.-<--. l . January 23, 1985 - continued is budgeted. Jack Shinall seconded the motion which carried 6-0. '-> Request for Bids: Hugh Ragan made a motion bids be requested for a mid-size pickup truck, to be opened at the February 4th meeting. This truck will be for the new Engineer who will be starting on February 4th. Max Bacon seconded the motion which carried 6-0. o requested for seconded the received, he four ( 4 ) new motion which would surplus Request for Bids: Hugh Ragan made a motion bids be 'police cars to be opened February 4th. Jim Hawkins carried 6-0. Chief Little said when these cars were two or more vehicles. I ; Hugh Ragan made a motion Cascade at Highlands Park motion which carried 5-0 called) . that two construction trailers be approved for Boise- for a period of 7 months. Jack Shinall seconded the (Kathy Brooks was out of the room when the vote was Springs reported Committee Reports: (Streets) Vic Broyles said the bridge on Powder Street is 60% complete and should be open for traffic tomorrow. Max Bacon that 400 water meters were cut off in two days due to freezing and breakage. .;~ . ~- Max Bacon said the City should soon be receiving money collected on insurance premiums. .' l V \.J Max Bacon said that as of today, he still concerning the passing track at Ann Road Road rezoning will be heard February 4th. has and not heard from Seaboard Railroad reminded everyone that the Ridge (Finance) Jack Shinall stated that budget procedures would start soon, hopefully about February 15th. Jack asked all department heads to let him know if they were not getting their financial statements because they need to review items over and under budget to make allowances for the new budget. (Library) Doris Morris reported on library activities. (Public Safety) Hugh Ragan said we are continuing to on recommendations for a better fire rating and we ISO soon asking them to review our rating. work with Welker & Associates hope to be able to go to Mayor Bacon called for a meeting Tuesday at 7: 00 p.m. position. to discuss the Fire Chief's Jack Shinall said the Finance 5: 30. 'w with no further business, meeting ::, I, :' A~CO~7:?! t>:C-- ~~~ r-.I MAX BACON, WARD 2 P~P7' ~ ~~ES M. HAWKINS:W~Rp 4 ,f~< ~/ /HY BH, KS .- WAHD~ l'wttLOUISE .' Committee would be meeting J'I: ad~urned at 9:47 p.m. iii Monday night at on o / o " , ;0<" (.) ---- ;..,.) 'wi ......... '-.I CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION 3131 REGISTERED HELD THIS TUESDAY, FEBRUARY 19, 1985 292 VOTING We, the duly appointed election Managers to conduct this election, declare the following results: COUNCILMAN WARD #1 BOB L. DAVIS 150 PINKY GILBERT 138 We therefore certify to the Mayor and Council of the City of Smyrna, the election of: COUNCILMAN WARD #1: BOB L. DAVIS He/She received a majority of the votes cast. "Y77kJ. ~yf Af~ POLL MANAGER, SMy, NA WARD #1 -~~ 'iY\ )1\~ SUPERINTENDENT OF ELECTION ~~ a- (ATTEST) February 19, 1985 (DATE) WILLOUISF. SPIVEY, CITY .... ::.~ --~~ ".. -,...... .......