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June 3/10/17, 1985 Council Meeting June 3, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 3, 1985 at Smyrna City Hall. The meeting was called to order at 7.30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were present. Also present was City Attorney Charles E. Camp, City Clerk willouise Spivey, Police Chief R. E. Little, Fire Chief Larry Williams, Publ ic Works Director Vie Broyles, Parks and Recreation Director Sherry Reavis, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian Doris Morris, Assistant City Clerk Melinda Dameron, and representatives of the press. Invocation was given by Hugh Ragan, followed by the pledge to the flag. Jim Hawkins announced that the Civil Glenroy Drive to the Board to fill a full six year term beginning June 1, Servi.ce Board the unexpired 1985. Mr. Davis had term elected of Bob John Davis of 2106 Davi.s and also to earlier tonight. was sworn in Howard Martin, a resident of Lee Street reported a problem hood caused by children harrassing Doris Quarles, one of their who has Alzheimers Disease. Mr. Martin sai.d he had called the poli.ce them tag numbers and car descri.ptions, but nothing is ever done and was ing to council for help because he was afraid someone would get hurt. Jim Hawkins told Mr. Marti.n if he could give us names of some of the children as well as tag numbers of the cars, that we would follow up. Max Bacon also said he would get i.n touch with the Quarles family to be sure they are aware of thi.s problem and let them know the seriousness of it. Discussion of Rezoning Approved 10/18/82. Hiram S. Cochran stated he was the owner of 19.730 acres on Spring Road in Land Lots 846, 845, 81l and 8l0. Before he acquired the property, Charles Sheron with Sheron Industries, Inc. contracted to buy the property and made application for rezoning without the permission or knowledge of the owners at that time. The City acted on the rezoning on October 18, 1982 and rezoned it from Neighborhood Shopping to RM-l2 at Mr. Sheron's request. Mr. Cochran said when Mr. Sheron asked the City to approve the rezoning, Mr. Sheron's option to purchase the property had actually expired. Mr. Cochran said he would like to clarify the zoning and believes it was incorrectly applied for. Mr. Cochran said like to deve~op the property under the Neighborhood Shopping classi Attorney Camp said at the time council acted on the zoning request, we did not know that Mr. Sheron was not the owner of the property, and you cannot apply for rezoning on property that you do not own. Mr. Cochran is aSking council to correct the minutes of October ~8, 1982 or he could take some form of legal action and let the court have the minutes corrected. After further discussion, Mr. Cochran was sworn in by Mr. Camp. Mr. Cochran stated that he does now own the property in question and to his knOWledge, Sheron Industries never held title to it. Further, he purchased the property from the previous owner who was not Charles Sheron or Sheron Industries. Bob Davis then made a motion the minutes of October 18, 1982 be corrected to declare the zoning null and void and the property to revert back to the Neighborhood Shopping Classification since the application was invalid due to the fact that the owner did not sign the application. Max Bacon seconded the motion which carried 6-0. Annexation. Hugh Ragan into the City to become and made a part of the and Cooper Lake and C 1. v seconded the motion which made a motion that a part of Ward 7. of the May Road and is carried 6-0. 9.467 acres in Land Lot 329 be annexed the lega~ description having been read 6, 1985 meeting. This property fronts currently zoned Residentidl. Max Bacon Young Sik Store, 164 sells pack this location since favorable and made a motion which carried 6-0. requested a license for wine Road. There was no oppos i tion . and would like to be able to sell 1981. Bob Davis said the police the license be approved. Max Bacon package sales Mr. Hahm said wine also and investigation seconded the Business License. Da,ve and Ruth Scott requested a residential business Affordable Mortgage & Financial Service, 2016 Spring Road. Mrs. Scott was present and stated she wanted to have a telephone at her home to handle calls when she was away which is in College Park. She would not have customers coming into home and would not advertise the home as a business, but would like to advertise the telephone number. Jim Hawkins said he did not June 3, 1985 - Continued think they actually needed a Bob Davis made a motion the which carried 6-0. business license for that reason. After license be denied. Jack Shinall seconded discussion, the motion Variance: B. J. Hatcher requested a variance on reduction of lot size for an addition to the existing building at 2885 Atlanta Road. Mr. Hatcher said the lot contains 3 square feet and our General Commercial zoning classification requires 20,000 Plans of the proposed addition were presented to council and Mr. Hatcher if Atlanta Road was widened, the existing structure would be torn down and he would still have adequate room for the required number of parking spaces to meet setback requirements. James Williams read a letter from Mike Hutchinson stating that the proposed addition would have no effect on the Atlanta Road widening. Mr. Hatcher also stated this building would be for his own business and they would not be leasing or renting any of the space. James Williams made a motion the variance be approved. Jack Shinall seconded the motion which carried 6-0. Commercial BeLilding permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows. Lincoln Property Park Drive at a permi t be Williams requested abuilding permit for interior renovation total estimated cost of $17,000. Hugh Ragap made approved SUbject to approval of the City Engineer seconded the motion which carried 6-0. at 2400 a motion and Fire 2) Trammell Crow requested a building permit for interior finish at 1900 Lake Park Drive at a total estimated cost of $30,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the moiton which carried 6-0. 3) at Board of Education requested a building permit for renovation School at a total estimated cost of $89,000. James Williams made permit be approved subject to approval of the City Engineer and Fire Shinall seconded the motion which carried 6-0. 4) C. bui1.ding made a and Fire J. Fouts requested a buildipg permit for construction at 4380 Nowlin Drive at a total estimated cost of motion the permit be approved subject to approval of Marshal. James Williams seconded the motion which carried of a pre-fab metal $60,000. Hugh Ragan the City Engineer 6-0. Approval of Minutes: Max Bacon made a motion the minutes of May 6, 1985 be approved as submitted. James Williams seconded the motion which carried 6-0. Hugh Ragen made a motion the minutes of May 20, Max Bacon seconded the motion which carried 6-0. 1985 be approved as submitted. Bid Award: James Williams said bids for Phase II of were opened and tabulated by Welker & Associates. There James made a motion the low bid of $480,831 be awarded to Company. Max Bacon seconded the motion which carried 6-0. the water rehabilitation were 7 bids received and J. E. Lovern Construction Hugh Regan said the City now has its first motel, the hotel construction. Most cities and counties tax motels as another source of revenue apdthe Marietta and Cobb County rate is currently 3 percent. Hugh made a motion an ordinance be adopted to impose, levy and collect a 3 percent excise tax on our hotels and motels and that the City Clerk be authorized to administer the program, to become effective July 1, 1985. Jack Shinall seconded the motion which carried 6-0. expressed his into this. Jack Shinall stated that each council member had been proposed ordinance creating the position of City bdministrator. tha t Di v is ion :t II of the Code of Ordinances be deleted in its replaced with the new Division III, creating the positon of City James Williams seconded the motion which carried 6-0. Hugh Ragan appreciaiton to the Finance Committee for the hard work that went is the on of Kathy Brooks said ~ecently we have requests business licenses and the City them. Kathy said she would like for her committee to look into changing the requirements for these licenses and also to consider a reviewing them at the end of each year before they are renewed. Kathy Brooks made a motion a 60 day moratorium be placed on residential business licenses, effective tomorrow morning. Hugh Ragan seconded the motion which carried 6-0. Moratorium Mul ti-Family Zonings. Max Bacon said Hensley Schmidt had completed the study on mUlti-family zonings but they have only been able to meet briefly with the Planning and Zoning Board to review it. Max made a motion the moratorium on multi-family zonings be extended to the first meeting in August _ James Williams seconded the motion which carried 6-0. Committee Reports. (Library) Doris Morris reported on library activities. Bob Davis welcomed John Davis to the Civil Service Board. (Streets) Max Bacon said he would like to meet with the Street Committee briefly after the meeting adjourned. (Parks) Sherry Reavis said all 3 pOOlS are now open and reported on other activities in the Parks Department. Jack Shinall made a motion the rules be suspended to allow a motion to appoint the new City Administrator. Hugh Ragan seconded the motion which carried 6-0. Jack said that with the full support of Mayor and Council and through a very diligent search, they had decided on their choice for City Administrator. Jack made a motion that John C. Patterson be appointed, effective July 1, 1985. Mr. Patterson is presently the City Administrator of Conway, S.C. and very qualified for this position. James Williams seconded the motion which carried 6-0. Hugh Ragan also welcomed John Davis to the Civil Service Board. Jim Farley reported on the Emergency Management Department warning system. Attorney Camp said he received word today that our annexations and voting changes under Section 5 of the Voting Rights Act has been approved by the Justice Department and includes everything through March of this year. Jim Hawkins said he wanted to let the people know how very much the members of council for the long hours they put in on different are underway. Jim said he thought the City was very fortunate to have accept the new positi ught he would do an excellent job Jim said the elected offic would still be the governing body and they were simply hiring a staff to see that the City is run on a basis. This appointment is to better serve the people. he appreciated projects that John Patterson for the City. of this city business-like Jim Hawkins reported that Mayor Bacon was back in the hospital due to a temporary setback and wanted him to know that everyone's prayers were with him. With no further business, meeting adjourned at 8.45 p.m. ************************ June 10, 1985 A special called meeting of Mayor and Council was held June lO, 1985 at Smyrna City Hall. The meeting was called to order at 6:05 p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron, Parks and Recreation Director Sherry Reavis, Eugene Jerrel and other representatives from Executive Golf, Inc. and representatives of the press. The purpose of this meeting was to approve the first amendment to the concession and development agreement between the City of Smyrna and Executive Golf, Inc. for the construction of the golf course at North Smyrna Park. Mr. Camp said that everyone had received a copy of the amendment and knew the contents. Mr. Camp June 10, 1985 - Continued said City, that basically, the amendment changes the amount of money received number of years and the right of first refusal for the first 5 years. by the One of the representatives of Executive Golf stated they have applied to the Cobb County Industrial Authority for approval of issuance of revenue bonds to finance construction. If approved, the Industrial Authority will actually hold the lease on the property and Executive Golf" Inc. will sub-lease from them. Also, they would expect to begin construction as soon as a letter of inducement is received from the Authority, hopefully no later than July 15th. Hugh Ragan said that last week he had expressed of the contract from 35 to 45 years but he did the contract and could support it as written. After made a motion the first amendment to the concession mitted. Max Bacon seconded the motion which carried 7-0. some concern over the extension not now have any problems with further discussion, Jim Hawkins agreement be approved as sub- Max Bacon then made a motion the be authorized to Cobb County Industrial Authority S1,lpporting the need for course. James Williams seconded the motion which carried 7-0. address a letter to construction of the the golf With no further business, meeting adjourned at 6:42 p.m. ************************ June l7, 1985 The scheduled meeting of Mayol:' and Council was held on June 17, 1985 at SmYl:'na Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mi"l.Yol:' Protem Jim Hawkins. All Council members were present. Also present was City J\ttol:'ney Chal:'les E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Fire Chief Larry Williams, Civil Engineer Mike Hutchinson, Assistant City Clel:'k Melinda Dameron, Parks Superintendent Jimmy Hinson, EmeJ;'gency Management Director Jim Farley, Librarian Doris Morris, Building Inspector Scott Stokes, and representatives of the press. Invocation was given by Bob Davis, followed by the pledge to the flag. Jim Hawkins stated that Mayor Bacon was still not feeling well and could not attend the meeting tonight. Also, Max Bacon called earlier and said he would not be present because he was sick and had gone to the doctor today. Duchess Garrard of 2642 Hickory Acres Drive stated her back up to the Martha's Vineyard development under construction and said she has found large staples and glass in her swimming pool from the construction. She talked to the deVeloper and he said there was nothing he could do because these are sub-contractors. Also, there seems to be some jurisdictional problem since development is in the county and Mrs. Garrard's home is in the city. Jim asked Chief Little to get with the county police and make a joint tl:'ip the site. Jack Shinall stated they have also had sevel:'al other pJ:'oblems with and asked Mike HutChinson to get with the county building department to be sure they are in full compliance. Jack Shinall said the Revenue Sharing budget the proposed list of expenditvre$ py department. q1,lestioned the of a car and truck wi th landpcape equipment Department and said they seem to be constantly b1,lying vehicles. didn't think the City could afford it and hated to see the Parks bigger than the City. Jack Shinall said the Parks operating reduced by 6% this yeal:' and was the only one actually than 1984-85. fUl:'ther questions from the audience and Jack made a motion the Sharing budget be approved as presented. James seconded the motion which carried 5-0. for She for Sue Approval of 1985-86 new buqget and said as follows;, Budget. this was Jack a team Shinall effort. thanked evel:'yone The total of all that funds worked on the is $11,073,356 June l7, 1985 - Continued General Fund Water Revenue E&C State Grants Revenue Sharing $7.5ll,966 $3,105,400 $ 166,000 $ 99,620 $ 190,370 The 1985-86 budget also includes adjustments to Police and Fire uniformed personnel salaries, a 2~% cost of living increase for all employees and Department Head increases. Also, a $70,000 General Fund Certificate of Deposit will be cashed and used for pOlice weapons, fire hose and building repairs. The Police and Fire departments will also receive an increase in uniform allowance. The budget includes an increase in residential and apartment garbage pickup from $6 to $8 per month. Sewer tap and water meter fees will be increased for new construction with a transfer of 50% of these revenues to the Water Revenue Fund. The General Fund budget is based on the same millage rate as last year. The budget also sets aside money in contingency for further study of employee pay scale that Mr. Patterson will begin. James Williams stated the sanitation increase was prompted by the county advising us that effective June l, 1985, they would be increasing their tipping fees to their customers. James said he would like for a copy of the letter to go to our customers in the next water billing. In addition, the contract with BFI will be reviewed and commercial rates will probably be increased soon. James Williams said the water meter and sewer tap increases were substantial, but council felt they were justified since we are still competitive with the county and other municipalities. The 50% transfer from E&C to Water Revenue will be used to help payoff the bonded indebtedness. HUgh Ragan thanked the Police and Fire department personnel for their patience while the salary study was being done and also thanked the entir'e council for working on this project. Hugh said the entry level for police office=and firefighters $l5,800. effective July 1st. Other salaries were adjusted accordingly position is competitive, with the remaining increases for patrolmen based on longevity. All Detectives, Corporals and Sergeants in and all Assistant Engineers, Engineers and Lieutenants ,in the Fire Department will be given a 5% increase. All Lieutenants and Captains in the POlice Department and all Captains and Assistant Chiefs in the Fire Department will be given a 2~% increase, also effective July 1st. In addition to these increases, a 2~% across the board increase is included for all employees. If any of these employees reach the top out level before they get the maximum raise they are entitled to, they will be stopped at top out. Hugh also said the City will purchase leather and weapons for police officers which will be a one time expenditure. The clothing allowance for Police will be raised from $200 to $400 and clothing allowance for Fire will be raised from $150 to $300. James Williams said October 1st. After budget be approved 5-0. we hope to have further discussion, as presented. James something definite for other employees by Jack Shinall made a motion the 1985-86 Williams seconded the motion which carried Rezoning. C. J. Fouts requested rezoning of 25.39 acres in Land Lots 333, 388 and 405 from R-20 to R-15. There was no opposition. Mr. Fouts said he would build 48 homes on the property which will sell from $90,000 to $llO,OOO. He will develop the land but sell lots to quality builders with the plans to be approved by him prior to construction. Hugh Ragan also pointed out there is one tract on the plat that is not included in the zoning, containing approximately 2 acres. Hugh Ragan made a motion the zoning be approved. Kathy Brooks seconded the motion which carried 5-0. Rezoning. C. G. Jones requested rezoning of 941 Concord Road from residential to Limited Commercial. There was no opposition. John Dickson represented Mr. Jones and said the property would be used for a doctors office. Jim Hawkins said he would like to have a 4' screen fence erected along the rear property line as others have been asked to do. Mr. Dickson said he would talk to the buyer about the fence and also stated that parking would be paved as required by our ordinance. The Planning ng Board had recommended the zoning be approved and James Williams made the zoning be approved with a stipulation that a 4' fence be erected the rear of the property. Kathy Brooks seconded the motion which carried 5-0. Shell Oil Company requested a vax"iance on the front feet and on the rear setback from 50 feet to 30 feet for setback from 50 new construction June 17, 1985 - Continued at 2875 South Cobb Drive. There were 3 in opposition. Fred Culbreth with Shell Oil said they purchased the propex:'ty from Jim Wallace and wanted to completely rebuild at the location and presented pictures of the proposed development. Mr. Culbreth said the front variance is fox:' the canopy which will be in exactly the same location as the existing canopy. The new building will also be in approximately the plaCe as the existing one but they would place a 6 foot wooden fence to the rear of the building. Jack Shinall asked what would happen to the tree line the creek to the rear of the property. Mr. Culbreth said that would not Jack said we have had some prOblems upstream where the tree line was and is causing flooding problems. Mr. Culbreth said if the variances were not approved they would remodel the existing building and canopy. Jim Hawkins asked if they would be applying for a beer license and Mr. Culbreth said Shell normally does apply for a beer package license. James Newton represented the opposition and said the existing building is on the cLceek bank now and over the ye",rs he has lost approximately 35 feet of his property from dredging. When the Jim Wallace station was built he was promised a 50 foot buffer and 8 foot fence, which he did not get until the City finally made them put a fence up. David Roughead also spoke and said the station has always been a sore spot because of trash and debris in the creek. The lights are also a problem because they are not screened. Jack Shinall if they can first meeting said he reach a in July. thought Shell Oil should meet with the neighbors compromise and made a motion the variance be tabled Kathy Brooks seconded the motion which carried 5-0. to to see the Sean Key requested approval to place a kiosk at Belmont Hills Shopping Center and also at Mr. Donut on Cherokee Road at South Cobb Drive for a Tropical Sno dealership. Mr. Key said the Tropical Sno is Hawaiian shaved ice and presented pictures of the building they would be using. The buildings are 8' x 7' and placed on skids. They are self-continained with water reservoirs and temporary poles used for electricity. Mr. Key said they now have 3 locations in Cherokee County and one in Marietta. Following disc1,,1ssion, Jack Shinall made a motion this be tabled to the next meeting and requested that Mr. Key submit plans of the buildings with parking spaces and location of the temporary poles drawn in. Kathy Brooks seconded the motion which carried 5-0. Commercial Building Permits. Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) Shaheen & Company L'equested a building permit fOL' new construction at 1600 Wilson wq.y in Highlands Park at a total estimated cost of $1,157,000. Hugh Ragan made a motion the permit be appr'oved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. 2) Shaheen & Company requested a building permit for new construction at 1800 Wilson W",y at a total estimated cost of $1,513,000. 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. Business License: Sandra Helm Kimble requested a business license for massage at Clip 'n Curl, 2520 South Cobb Drive. There was no opposition. Ms. Kimble said she would be working on females only between the hours of 10:00 a.m. to 6:00 p.m. employed, and will continue to be employed at Windy Hill Hospital and this will be a part time job on her off days and afternoons. Bob Davis asked Ms. Kimble where she received her license. Ms. Kimble said she went to school in Smyrna on Cherokee Road but the license actually came from Royal Oak, Michigan. Jack Shinall said the City had no record of ever issuing a business license to Natural Health Care at the Cherokee Road address. Ms. Kimble said the school was closed now, but there weL'e pr'obably 15 or 20 other people in class with her. The school was operated by Mr. L. W. Pogue who was a massage therapist at one time and he apparently sent her grades to Michigan for her to receive the diploma. Mr. Pogue was also a chiropractor and naturopath and seemed very knowledgeable. Ms. Kimble said this was not erotic massage, it is therapeutic to relieve tension, improve muscle tone in the face, etc. Jack Shinall said there was some question that the school was legal. It was not licensed by the City in any way and it appears was not a certified and authorized school, from all information we have. further discussion, Bob Davis made a motion the license be denied. Jack Shinall seconded the motion which carried 5-0. Communi ty Development Block the 1985-86 block grant is Grant: Jack Shinall said the City's allotment $152,688. Everyone has received a copy of the under list June 17, 1985 - Continued and made a motion the Lake Court, Powder Springs Street and Knoll Road projects be approved with the tennis court and restroom renovations a~ Ward Park moved up to number 4. James Williams seconded the motion which carried 5-0. Approval of Grant: Kathy Brooks him for his efforts in obtaining pool repairs. Kathy Brooks made a the necessary documents to accept Fund for repairs at Jonquil Park. 5-0. recognized Senator Jim Tolleson and thanked funds from the Governors Emergency Fund for motion the Mayor Protem be authorized to sign a $4,000 grant from the Governors Emergency Jack Shinall seconded the motion which carried Stop Drugs at the Source. Hugh Ragan read a tr-eaty for- the Mayor to sign in pledging our suppor-t and cooper-at ion in the Stop Dr-ugs at the Source progr-am and made a motion it be approved and that Police Chief Little be authorized to enfor-ce the program thr-ough a joint effort with the Cobb County Sheriff's Department. Kathy Brooks seconded the motion which carried 5-0. A ointment to Plannin Board: Jack Gr-iggs be appointed to the Planning and Zoning of Billie Stephens from War-d 5. Kathy Brooks 5-0. Shinall made a motion that Paul Board to fill the unexpired term seconded the motion which carried Jack Shinall made a motion the next item on the agenda, discussion to a variance appr-oved for Char-les Miller on October 15, 1984, be tabled next meeting. James Williams seconded the motion which carried 5-0. rescind to the Recorders Court ApJ;?eal. Jack Shinall made a motion of Recorder's Court by Sharon Burruss be heard July l, the motion which carried 5-0. the 1985. appeal James of the Williams decision seconded Committee RepoJ:'ts. (LibraJ:'y) DOJ:'is MOJ:'J:'is stated that magician David Ginn would be appearing at City Hall on June 26th at l.30 p.m. for childr'en of all ages. James Williams the budget. thanked Mayor and Council for their cooperation in completing Jack Shinall also said it felt good to get the budget approved with the Administrator coming in. His first priority will be to review other salaries in the City and have his recommendations ready by October 1st. (Fire) Hugh Ragan said the Fire Department now has a ladies auxiliary he felt was an excellent idea. They will be primarily working with families have special needs. Hugh wished them well and offered his support. which that Larry Williams said that on June 19th there would be a hazardous materials training exercise at the Fairgrounds. Chief Williams also said we have had a problem with people parking in fire lanes and they will be handing out warning tickets. On June 25th, the Fire Department will be hosting a live teleconference, and testing procedures for certification will begin June 26th. Beginning July 2nd, the Fire Department will be servicing fiJ:'e hydrants and they will also be stopping in on businesses, apartments, etc. gathering information to assis~ them in case of fire. Chief Little thanked the Mayo;z;' and Council for their efforts in addressing the salary situation in his department and for the action they took tonight. Jim Hawkins said the Department of TJ:'ansportation will have a public hearing on July 9th from 4.00 to 7.00 p.m. concerning the widening of Atlanta Road. Also, we received a letter from the county attorney with a copy of their proposed new ordinance to ban "happy hours" asking each municipality to review the ordinance and give their comments and suggestions. The county has had one public hearing and another is scheduled for June 25th. Jim said he would like for the License and Permits committee to take this on as a project for consideration of adoption by the City. Announcements: Jonquil Breakfast June 19th: next council meeting July 1, 1985. With no further business, meeting adjourned at 9.37 p.m. June 17, 1985 - Continued