Loading...
July 11/18, 1983 Council Meeting July 11, 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on July 11, 1983, at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Clerk Willouise Spivey, City Attorney Charles E. Camp, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks & Recreation Director Sherry Reavis, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Citizen Reports: cision to approve last meeting. Bill the Rogers zoning again of the expressed his disappointment over Council's E. P. Logan and Opal W. Jones property at de- the Annexation: Sarah Jones made a motion that 1.95 acres on South Lot 552 be annexed into the City, the legal description having a part of the minutes of the June 6, 1983 meeting. There was no audience. Jack Shinall seconded the motion which carried 7-0. Cobb Drive in Land been read and made opposition from the Annexation: Elbert Coalson made a motion the annexation request by Mark Turner, of property in Land Lots 228 & 277 on Pat Mell Road be denied. There were no questions or comments from the audience. Jim Tolleson seconded the motion which carried 7-0. Jim Hawkins made a motion the following three items, an annexation, variance request by C. Lamar Dickson be tabled to the next meeting due in the legal ads. James Williams seconded the motion which carried 7-0. rezoning and to a mistake Jeff Ellis represented John Wieland Homes in their request to rezone 1.25 acre Woodruff Drive from General Commercial to Residential Townhouse District. Mr. Ellis said they are building townhouses on the adjacent property and purchased this property from Georgia Lung Association to add an additional 8 units to their development. Jack Shinall asked Mr. Ellis if the variance request by Georgia Lung Assoc.iation was brought about by the sale of this property and the answer was no. Mayor Bacon read the recommendation of the Planning and Zoning Board where they approved the rezoning. Jim Tolleson then made a motion the zoning be approved as requested. James Williams seconded the motion which carried 7-0. Mr. George Lee represented Georgia Lung Association in their request for a on the side yard from 50 feet to 15 feet. Mr. Lee said this property abuts Argyle Elementary School and originally their plans were to have the parking on the side next to the school, but had revised them to place the building closer to the property line and have the dr:iveway and all parking on the east s:ide which would keep the cars as far away from the school as possible. Mr. Lee had a letter from Sam Whitfield from the School Board which said they had no object:ions to the variance and even encouraged council to approve the variance. Jim Tolleson made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. Variance: Wallace & Wallace (Smyrna Pawnbrokers) requested a variance on the front yard setback line from 40 feet to 37.5 feet, and the rear yard setback line f':eoIll 50 feet to 25 feet for an addit:ion to their business on Cherokee Road. Jay Wallace said the addit:ion would be 24 x 48, with a concrete block basement and the remainder frame. Mr. Wallace said they need more room on the sales floor and the basement would be used for storage of their ammunition. Mr. Wallace had a letter from the two adjoin:ing property owners to the rear who stated they had no objection to the variance. Jack Shinall asked Mr. Wallace if he met the present parking requirements. Mr. Wallace said there is a problem now because they do not have the entire lot paved but there will be ample parking after the addition. Jack Shinall asked if he had a license to sell firearms. Mr. Wallace said he had a Federal and State license. Mr. Shinall asked if he had a license in the City to sell firearms and Mr. Wallace said he was not aware that a license for firearms was required, but he did have a separate license for retail sales. Mr. Hawkins asked when he would expect to have his parking completed, and Mr. Wallace said he would try to have it completed within 6 months from today. There was no opposition from the aud:ience and Elbert Coalson made a motion the variance be approved, seconded by Sarah Jones. Jack Shinall said he would not support the motion because the business has been in violation of General Commercial zoning requirements for several years and would be in favor of the variance when the parking was paved. Vote on the motion carried 6-1, with Jack Shinall opposed. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and upon his recommendation, the following permits approved: (1) D. F. Bentley requested a permit for new construction at 2968 South Cobb Drive estimated cost of $367,000. James Williams to approval of the Fire Marshal and motion which carried 7-0. made City a motion Engineer. the permit be Jack Shinall at a total Nichols requested a permit for an addition Road at a total estimated cost of $35,000. approved, subj ect to approval of the City the motion which carried 7-0. to the structure Jim Tolleson made a motion Engineer and Fire Marshal. requested a permit for construction of a new total estimated cost of $60,000. James Williams subj ect to approval of the City Engineer and motion which carried 7-0. building at 3002 Atlanta made a motion the permit Fire Marshal. Max Bacon (3) Street at. a be approved seconded the (4) Gerald Bishop requested a building permit for new construction of King Springs Village, 4040 King Springs Road at a total estimated cost of $696,000. Max Bacon made a the permit be approved subject to approval of the Fire Marshal and City seconded by Jim Tolleson. Mayor Bacon read a letter from Mr. Bi$hop agreeing a portion of their land 10 feet wide the entire length of their property on the King Springs Road side in turn for a variance of 10 feet on that side. Mr. Camp said that if Mr. Bishop is willing to donate the 10 foot strip for additional right of way, the variance will not be required. Mr. Bishop said the problem was not with the bu:Llding they are about to construct; they were concerned with buildings they may want to build in future years. The present building will meet setback requirements. Mr. Camp then stated the motion should include that in consideration of the granting of a 10 foot right of way from the eXisting righ.t of way by CUmberland Retirtement Services, they be simulataneously granted a variance to allow building within a 40 foot setback line for future construction. The motion and second were withdrawn and Max Bacon then made a motion the permit be approved with the above mentioned recommendation by Mr.. Camp. Jim Tolleson seconded the motion which carried 7-0. (5) Lung Association requested a permit for new construction at 2452 Spring Road a total estimated cost of $300,000. Jim Tolleson made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (6) 630 Road be requested a permit for an addition to their existing building at at a total estimated cost of $29,000. Elbert Coalson made a motion subj ect to approval of the Fire Marshal and City Engineer. the motion which carried 7-0. Elbert Coalson made a motion the request for beer wine pouring at Belmont Hills Shopping Center be tabled to the next meeting. the motion wh:Lch carried 7-0. Privilege License: Jim Tolleson made Station be tabled to the next meeting. 7-0. a motion the Jim Hawkins liquor pouring request for China seconded the motion which carried a liqUOr, opposeo. in Cobb Brunswick Belmont Bowl at Belmont Hills Shopping Center requested wine pouring license. There were 12 to 15 people in the audience Ansley represented Brunswick and said they were the only bowling center that did not have a lounge and they have had a considerable loss of the last few years. Their plans are to remove the game room and remodel of the building for a nice lounge. Also, the pool room area will be and will only leave 2 tables. Mr. Ansley said the lounge will be open the evening. Also, he felt they would comply with our ordinance and would other restaurant in the area. Following a question council, Mr. would be allowed outside the restaurant area; minors to have written permission from their parents to a night woulo also keep a very close eye on the that Mr. Ansley said Brunswick had over 200 pouring licenses and they have hao any major violations years they Mr. Ansley said they do not have lanes oPen bowling in they have oouble shifts of leagues. Max Bacon said that Section not be in restaurants where operating only ::'lS the business the said location and ::'lsked Attorney Camp ion of that section. Mr. Camp said he did not think this section a license from being issued. revenue that portion made only during be like minor for his would prohibit were the the leagues. from Calvary Baptist Church spoke in opposition and S::'lid he establishments in Smyrna already serving drinks. He food and drink sales as required by our ordinance and involved. Rev. Frady said that some of these leagues felt there questioned spoke on were church Reverend Bud Abbott of the First Baptist Church said they had always a family establishment and a place where they could encourage their but apparently they were not interested in their business now. There problems there and if this license is issued it would be a bigger problem. fel t this was youth too go, are already Jim Hawkins said there was enough doubt in his mind that he would not support the license, ref'erring especially to Section 3-28 and Section 3-64 which does not allow minors on l:icensed premises. Attorney Camp said he did not think the license would be restricted through Section 3-28 and Section 3-64 would be grounds for removal of the license. Dan Kilpatrick with Brunswick spoke and said they had never had any violations in l8 years of operation and all their bowling centers are operated the same way. He said they police their centers and are proud of their record. Following a question from Jim Tolleson, Chief Little said they have some problems in the parking lot now, but no more than any other business of a similar nature. It is not what you would classify as a trouble spot. Mr. Joe Boggs spoke in opposition and said that young people could bowl at night after the leagues have finished. Mr. I. W. Johnson spoke and said he has 4 children at home and he was also opposed because he felt it would create and breed crime. After further discussion Elbert Coalson made a motion on Sections 3-28 and 3-64, seconded by Jim Hawkins. Jack the motion because he also had some doubts they could the motion carried 6-1, with Sarah Jones opposed. the license be denied based Shinall said he would support meet the ordinance. Vote on Residential B siness License: Mr. Robert L. Reiter, 3745 Hickory Place requested a residenti business license for a telephone recruiting service. Mr. Reiter said all his work would be conducted by phone, recruiting for companies and also finding people to fill job positions. Mr. Reiter said he was familiar with our ordinance and agreed to comply with it. There was no opposition and Mr. Reiter also had a petition signed by neighbors within a 300 foot radius stating they had no objection. Max Bacon made a motion the license be approved. James Williams seconded the motion wh:ich carried 7-0. Mayor Bacon read a letter from Jim Mallett concerning the bid tabulations Woodland Arms gravity flow sewer line. There were only two bids received, with the lowest bid from D&H Construction at $78,588. Mayor Bacon said he had talked to Frank Newton with Cobb County and his recommendation was to go ahead and award the low bid even though it seemed excessively high. He felt the J_ow turnout of bidders was beCause the job was being funded by a Federal grant, with a lot of additional paperwork involved. Jack Shinall said none of the people on the Water & Sewer Committee had met to review the bids and would like to postpone the bid award until they could meet. After further discussion, Jack Shinall made a motion the bid award be tabled to the next meeting. Elbert Coalson seconded the motion which carried 7-0. Ca hise A reement: Max Bacon made a motion that Attorney Camp be auth- orized a new cable television franchise agreement and asked Mr. Camp how long it would take him to complete- the agreement. Mr. Camp said it would take him 30 days to draft a new proposal but it would then have to be sent to Cable Holdings in New York for their approval. Then he would like to meet with council to review the contract before it is adopted. Reverend Frady asked to speak and said he was concerned with some of the programm:ing on the cable network and wanted to know if the citizens could have any input. Mr. Camp said you could not question the contents of their programming or legislate their programming before it appears; this has already been establ:ished in the courts. Wendell Dean of Smyrna Cable TV said they had conducted a communty survey concerning their programming and told Reverend Frady he would be glad to share it with him. James Williams seconded the motion which carried 7-0. Jim Tolleson made a motion the 3-way stop sign at the intersection of Highland Drive and Inverness be removed. Jim Hawkins seconded the motion which carried 7-0. Approval of Minutes: James Williams made a motion the minutes of June 6, 1983 be approved as submitted. Jack Shinall seconded the motion which carried 7-0. Elbert Coalson made a motion the minutes of June 20, 1983 be approved as submitted. James Williams seconded the motion which carried 7-0. Jim Tolleson made a motion the rules be suspended to place a motion on the floor. July 11, 1983 - Continued Max Bacon seconded the motion which carried 7-0. approval be given for Countryside Condominiums on caution light at their entrance with the developer Sarah Jones seconded the motion which carried 7-0. Jim Tolleson then made a motion Spring Road to place a bl inking to pay the entire cost of $1400. Committee Reports: (Library) Doris Morris reported on library activities. Jim Hawkins said he had received several complaints about a culvert on Rita Way and it will be repaired next week. (Water) Jack Shinall said we had received a letter from Cobb County giving us 6 months notice of a sewer increase, effective January, 1984. Also, the Cobb-Marietta Water Authority sent a notice of an increase in rates effec- tive January 4, 1984. Their new rate schedule will be forwarded within the next 30 days. Jack Shinall asked Jim David Mr. David said everything is for a report on the Sewer System going well, but we need someone to Evaluation Study and make needed repairs. (Parks) Elbert Coalson said everyone had a good time at the July 4th festivities and expressed his thanks to the Parks & Recreation staff. With no further business, meeting adjourned at 8:50 p.m. ************************ July 18, 1983 The regula.r City at 7:30 Charles Chief Hiatt, of the press. scheduled meeting of Mayor and Council was held July 18, 1983 at Smyrna meeting was called to order by presiding officer Mayor Arthur T. Bacon p.m. All council members were present. Also present was City Attorney City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Public Works Director Jim David, Assistant City Clerk Melinda Doris Morris, Civil Defense Director Jim Farley and representatives Invocation was given by Sarah Jones followed by the pledge to the flag. There were no citizen reports. hearing was held to consider the annexation request by C. Lamar .04 acres on Lamar Circle in Land Lots 380 and 381, the description and made a part of the minutes of the June 6, 1983 . Mr. Sapp, a resident of Lamar Circle said he was relatively new to the area and annexation process worked. Mr. Camp said Mr. Dickson had applied for this property to come within the limits of the City. Mr. Sapp asked affect the other people On the street and Mr. Camp said it would not, annexing the property they own. Mr. Sapp said he was opposed to the itemS on the agenda, a rezoning and variance for Mr. Dickson's property. Mayor Bacon asked Mr. Dickson why he wanted to annex the property and he said he wanted it in the City to build townhouses. Jim Hawkins said he would like to make it clear now that he had a prOblem the variance requested. Mr. Dickson said if he have the variance want the property brought into the City or further discus Hawkins made a motion the property be annexed to become a part of Ward 4. Jim Tolleson seconded the motion which carried 7-0. Dickson having Lester asked Rezoning: C. Lamar Dickson requestedr"",zoning of property just annexed from General Commercial to Residential Townhouse District. There were 6 people in audience opposed and 4 were sworn in as spokesmen along with Mr. Dickson. Mr. spoke said he had talked with everYone on the street about the and had no objections. Jim Hawkins asked if he could reduce density meet the ordinance and Mr. Dickson said the way he understood ordi- need 80,000 square feet to build even one unit. Mayor Bacon the Planning and Zoning Board meeting where they recommended the with the variance as requested. July 18, 1983 - Continued Mr. Lester Sapp said he lived on Lamar Circle with his mother and aunt, and represented them as well. Mr. Sapp said he was opposed because this is a dead end street with only 7 houses on it. Most of the people living there are retired and there are no children. They were also opposed to any future widening of the street and said it was very difficult to enter Concord Road now with the traffic. Mr. Sapp said he felt there was already an over-abundance of apartments and felt this development would decrease the value of their homes. Dr. Richard Roeske spoke and said one of the access roads would be next to his office where his patients exit and he would be concerned with their safety due to the existing traffic condition on Concord. Mr. Dickson said the access roads wouJ.d be from Lamar Circle only, with no direct access to Concord Road. Another citizen spoke and said she was opposed because this would be too many units on a lot this size. She also asked if the ingress and egress could be through the Crossings Shopping Center, directly behind the development. Mayor Bacon said they could not have access through the shopping center. Lamar Dickson also said he wanted to make it clear that Lamar Circle would not be widened. John Dickson asked to speak and was sworn in by Attorney Camp. John Dickson said this property is surrounded by commercial zoning, with Roeske Chiropractic Clinic on one side and across the street on Concord is 3.28 acres already sold for a shopping center. Also, there is a beauty shop behind this property. Another gentlemen from the audience the beauty shop referred to was not in his home. asked to speak and was also sworn zoned for commercial use; it was in. He sta.ted a beauty shop James Williams asked Mr. Camp if council could approve a zoning for a U8e knew would not comply with the ordinance. Mr. Camp said they could rezone Mr. Dickson the option of combining other property with this or asking for to meet our requirements. Mr. Camp said it may be appropriate to discuss and variance request at the same time. that they and leave a variance the zoning Jim Hawkins said he could not make a motion to approve something that he knew did not meet the requirements and made a motion the zoning be denied. James Williams seconded the motion which tied 3-3. Voting for the motion was Jim Hawkins, James Williams and Max Bacon. Opposed was Jim Tolleson, Sarah Jones and Elbert Coalson. Jack Shinall abstained, and Mayor Bacon voted in the negative to break the tie. Jim Tolleson then made a motion the zoning be approved as requested, seconded by Sarah Jones. The vote tied 3-3 with Jim Tolleson, Sarah Jones and Elbert Coalson voting for; Jim Hawkins, James Williams and Max Bacon against. Jack Shinall abstained and Mayor Bacon voted in the affirmative to approve the rezoning. C. Lamar Dickson requested a variance on the above mentioned property, square feet to 45,302 square feet on the required lot size for 8 town- Hawkins made a motion the variance be denied. James Williams seconded the motion which tied 3-3. Voting for was Jim Hawkins, Max Bacon and James Williams. Opposed was Elbert Coalson, Sarah Jones and Jim Tolleson. Mayor Bacon vo-ted in the negative to break the tie. Jim Tolleson then made a motion the variance be approved. Sarah Jones seconded the motion which tied 3-3. Voting for was Jim Tolleson, Sarah Jones and Elbert Coalson. Opposed was Max Bacon, Jim Hawkins and James Williams. Mayor Bacon voted in the affirmative to break and tie and approve the variance. There were no commercial building permits to bring before council. Ann C. Watson requested a beer and wine pouring lj_cense for s at Belmont Hills Shopping Center. Ms. Watson said she presently had a bakery and delicatessen and a lot of her customers wanted beer or wine with their meals. Jim Hawkins asked Ms. Watson if she understood our ordinance concerning the sale of alcoholic beverages and the answer was yes. Mr. Hawkins said there were no residences, churches or schools within a 200 foot radius, the police report was favorable, and made a motion the license be approved. Max Bacon seconded .the motion. Jim Hawkins said this was a pUblic hearing and asked if there was anyone j_n the audience opposed. Two ladies in the audience, Mrs. Powell and Louise Wilson said they were opposed to the sale of any kind of alcoholic beverage in Smyrna. Vote on the motion to approve the license carried 7-0. Privilege License: tion, 2528 Spring POlly C. Road. Mrs. Chan requested a Powell and Mrs. liquor pouring license for China Sta- Wilson said they were also opposed to July 18, 1983 - Continued this license for the same reasons. Mrs. Chan said she understood our ordinance and is at the restaurant most of the time. Mrs. Chan had already furnished letters from the owners of Chateau DeVille Apartments and Cumberland Bridge Apartments, both within the 300 radius, stating they had no objection to the license being issued. Jim Hawkins when China Station applied for thej.r beer and wine pouring license several years ago he voted in opposition, mainly because they fell wi thin the 200 foot radius of residentially zoned property and he felt they were in the same situ~ tion again. Jim said these letters do not bind council to grant the license, but means they can consider the waiver. After further discussion, Jim Hawkins made a motion the license be denied, seconded by Jack Shinall. Jack said he also voted against the original application because he did not think a letter from areal ty company expressed the feelings of the residents in the complex, and felt she did not meet the requirements. Vote on the motion failed 3-4. Voting for the motion was Elbert Coalson, Jim Hawkins and Jack Shinall. Opposed was Max Bacon, James Williams, Jim Tolleson and Sarah Jones. Jim Tolleson then made a motion the Vote on the motion carried 4-3, with Williams voting for. Opposed was Jack license be approved, seconded Jim Tolleson, Sarah Jones, Max Shinall, Elbert Coalson and Jim by Sarah Bacon and Hawkins. Jones. James Report on Bid Award: Jack Shinall read a letter from Jim Mallett concerning the bid tabulation on the Woodland Arms gravity flow sewer line. There were only two bids and both were excessively high. Jack made a motion the bids be rejected and the jOQ re-bid, to be opened the first meeting in August. Jim Tolleson seconded the motion which carried 5-2, with Elbert Coalson and Max Bacon opposed. Mayor Bacon stated a large water main burst several years ago and did quite a bit of damage to South Cobb Drive. The State had made several requests that we repair the road and we recently received a check for $11,000 from the Governor's Emergency Fund to go toward these repairs. Max Bacon made a motion that bids be reques.ted, to be opened the second meeting in August. James Williams seconded the motion which carried 7-0. Jim per hour. made a motion the speed limit for Village Parkway be set for 45 miles Bacon seconded the motion which carried 7-0. Max Bacon made a motion that stop signs be installed on Village Parkway at Terri Myers Drive, Knoll Road and Spring Road. Sarah Jones seconded the motion which carried '7-0. Attorney Camp said he had received a letter fWDm Post Properties also requesting that a light be installed at each end of Village Parkway. Jim Tolleson said we have contacted the State concerning the lights. Jim Tolleson made a motion the hearing Court by H. G. Hand be heard August 1, carried 7-0. for the appeal of the decision of Recorder's 1983. Jack Shinall seconded the motion which and Ward 4. Jim Hawkins Commission seconded made a motion that Ken Turner to fill the unexpired term of the motion which carried 7-0. be appointed Claude Eason, to the Parks representing Jim said that after a considerable amount of discussion it was decided to place on agenda tonight, the question of placing a yes/no vote on the November ballot to change Mayor and Council terms to staggered 4 year terms. Jim said this council was not going to wager a campaign to get it passed, but after serving for 8 years felt it would be well worthwhile to lengthen and stagger the terms, especially for the Also, it will be helPful to city employees, especially in City Hall, and a tremendous help in long term planning. said he had been an entire city very disruptive to in favor of the staggered terms for administration could be wiped out city business. some time. It could in one election and Jack to see about said he knew there were people feel. Also, he as this. many would pros and like to cons~ go to and the this is people the more best and way more James term to start said as a rookie he would support what Mr. Tolleson accomplish about 6 months of productive work before campaign. in a 2 year it is time Jim made a motion this issue be placed on the November ballot. Jim Hawkins motion which carried 7-0. Jack Shinall said our Future Land Use Plan definitely needs to be updated now have several zoning categories that are not on the existing plan. Jack motion proposals be accepted to update the Future Land Use Plan which would public hearings and recommendations by qualified engineering firms. Elbert seconded the motion which carried 7-0. and we made a inclUde Coalson Committee ts: (Parks) Elbert Coalson read a letter from the Parks Department concerning Swim-A-Thon to be held July 23rd. They were also asking for donations and council members to take an active part in the event. Last year, King Springs Pool collected $1,515 which was the largest amount collected. (Water) Jack Shinall made a motion the rules be suspended to place a motion on the floor. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said there was a lift station on Flagler Circle which serves 8 homes on the street. The station is 26 years old and barely working. Jim David said it was impossible to use gravity flow lines and the station would have to be replaced. Mr. David said the City cannot make the repairs and cost of replacing the station will be $6,658. Jack Shinall made a motion the money be approved from the Extension 8. Construction Fund to replace the lift station. Jim Hawkins seconded the motion which carried 7-0. (Finance) Jim Tolleson reported the 1982-83 budget year ended with all departments in the black. Mayor Bacon reminded everyone of the meeting tomorrow concerning the trash and garbage pickup and following that a meeting with Welker & Associates about the Sewer System Evaluation Study. Mayor Bacon stated he would probably make some changes in committee assignments at the next council meeting. With no further business, meeting adjourned at 8:35 p.m. MAX BACON, WARD 2