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11-07-1988 Regular MeetingNovember 7. 1988 The regular scheduled meeting of Mayor and Council was held November 7, 1988 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Dr. Dan Parker, pastor of Fortified Hills Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Hugh Ragan, candidate for the State Senate. DEPARTMENT REPORTS: Departments. PUBLIC HEARINGS: Reports were given by the Community Development and Fire (A) Home occupation license - Hattaway Insulation Co., 2940 Anderson Circle. John Patterson said that Mr. Jackie B. Aaron has requested a home occupation license to operate his business. Mr. Aaron has indicated that he will be the only person involved in working from his home and that there would be no storage of material or equipment at his home. A petition has been received from his neighbors indicating they have no objection to the license being issued. Several people raised their hands as being in favor of the license with one person being opposed. Mr. Aaron said his business was operated primarily from a u-haul type trailer that is 100% portable and is normally at the job site. The residential permit is needed for office use only, to comply with State tax requirements and allow him to buy supplies at wholesale prices. There are no full time employees and calls are taken from an answering service. Mr. Aaron said he has been in this business for 21 years and went into partnership 4 years ago in Atlanta. Last year he purchased the other half interest but the company was licensed in Atlanta and it was now necessary that he have a city license. Mr. Aaron said there is already a lot of commercial activity on his street and a lot of traffic is generated from the cable television company, also down the street from his home. Sue Brissey said she thought the residential permits were getting out of hand and it seems that the number of requests is increasing. Jack Shinall asked Mr. Aaron if he kept his trailer and trucks at home at any time. Mr. Aaron said his equipment does not stay overnight, but he may be in and out during the day. Normally his son drives the one -ton truck and keeps it at his home. Jack Shinall asked Mr. Aaron why this license should be granted. Mr. Aaron said he did not need an office and there was no justification for renting space. The two calls he had today were made from his car phone. After further discussion Bill Scoggins made a motion the license be approved, seconded by Jim Hawkins. Jack Shinall said he would not support the motion because he was a party to the existing ordinance regulating home occupation licenses and did not think this request met the intent of the code. Vote on the motion carried 6-1, with Jack Shinall opposed. (B) Privilege license - package beer and wine - Texaco, 2370 Spring Road. John Patterson said that Hubert Brooks has applied as agent for Wallace Enterprises to hold the license for this new location. The police investigation was favorable and there was no opposition. Mr. Brooks said he is Vice President of Wallace Enterprises and holds all their licenses with the exception of one on Atlanta Road. A supervisor will be at this store on a regular basis and Mr. Brooks said he would be there quite often. Letters had been presented from the two property owners within the 200 foot radius and after further discussion it was determined that the survey presented with the application was incorrect because the road alignment of Campbell Road and Carolyn Drive was not shown as it actually exists. Bob Davis made a motion this application be tabled to the next meeting until a correct survey was received. Jim Hawkins seconded the motion which carried 7-0. November 7, 1988 meeting - continued (C) Privilege license - package beer and wine - K-Mart, 3205-A South Cobb Drive. John Patterson said that Mr. Robert Allen Ruffner has applied as agent for the new K-Mart store on South Cobb Drive. The police investigation was favorable and there was no opposition to the request. Mr. Ruffner said he was the co -manager for K-Mart and would be at the store every day. The location meets all requirements and Mr. Ruffner said he was familiar with our ordinance. Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (D) Privilege license - package beer and wine - Exxon, Atlanta Road & Spring Road. At the request of Willard Ryckman, applicant, Wade Lnenicka made a motion this application be tabled to the next meeting until waivers could be obtained from adjacent property owners. Bob Davis seconded the motion which carried 7-0. (E) Variance request - front yard setback from 35 feet to 25 at 3530 Westbrook Drive. John Patterson said that Helen B. Fields is requesting this variance for construction of a carport which has already begun. The carport will be open sided and built over the existing driveway. There was no opposition. Mrs. Fields said her son-in-law is building the carport and they did not realize that a variance was required. There has been no opposition from the neighbors since the sign was posted. Jim Hawkins made a motion the variance be granted subject to a building permit being purchased. Bill Scoggins seconded the motion which carried 7-0. (F) Variance request - front yard setback from 35 feet to 20.5 feet at 915 Sharon Circle. John Patterson said Mr. Roy Cheek is requesting this variance for a carport which was installed by a company that did not acquire a building permit. The carport was built about a year ago and is attached to the house, making it a part of the principal structure and not an accessory structure. There was no opposition. Jim Hawkins said this was a similar situation to the variance just approved and made a motion this variance also be approved subject to a building permit being purchased. Jack Shinall seconded the motion which carried 7-0. (G) Zoning request - The Park at Oakley - increase density from 4.82 units per acre to 5.23 units per acre. John Patterson said that Mr. John Wieland is requesting this variance to start development of Phase II of the Park at Oakley at an increased density from that approved at the November 16, 1987 meeting. At that time, 13 acres was rezoned to RAD with a maximum density of 4.77 units per acre, with the overall density being 4.82 units per acre. There was no opposition. Bob Davis said notices of the zoning had not been posted on Highland Drive and those were the people that would be most affected. Bob Davis made a motion the zoning be tabled to the next meeting until signs can be posted on Highland Drive. Jim Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Bid opening - vehicle for Fire Department. Bids were for a new vehicle for the Fire Department were opened, read and recorded as follows: Wade Ford $13,747 Chuck Clancy Ford $13,844 November 7, 1988 meeting - continued Jack Shinall made a motion the bids be turned over to the Fire Committee for review with their recommendation back to full council. Jim Hawkins seconded the motion which carried 7-0. (B) Appointment to Parks and Recreation Commission - Ward 1. Bob Davis made a motion that Fran Kington be reappointed to the Parks and Recreation Commission, representing Ward 1. Jack Shinall seconded the motion which carried 7-0. (C) Set date to hear appeal of Recorders Court - Rodney Allen Tumey Bob Betenbaugh made a motion the appeal by Rodney Allen Tumey be scheduled for December 12, 1988. Jack Shinall seconded the motion which carried 7-0. (D) Agreement with Carson & Associates John Patterson said a formal agreement has been drawn to allow Carson & Associates to help us in acquiring right of way and other land that may be needed. Jim Hawkins made a motion that Carson & Associates be appointed to represent the City in any real estate transactions such as acquisition of right of way, purchase of property and any rental/lease agreements. Kathy Jordan seconded the motion. Jack Shinall said he would not support the motion because he personally didn't agree with hiring any firm, regardless of who it may be, and paying fees to represent us in real estate transactions. Normally, real estate agents make their money from the seller. Jim Hawkins said real estate transactions are very time consuming, and it would create too much of a burden on city staff members to attempt. Mr. Carson has offered this service at a very reduced rate. Vote on the motion to approve the agreement carried 6-1, with Jack Shinall opposed. This contract will be in effect through April, 1990. (E) Agreement with Executive Golf, Inc. John Patterson said the agreement tonight is to formalize the negotiated settlement made with Executive Golf resulting from the water loss at the golf course. This agreement should allow both parties to proceed forward with good management of the course. Bob Betenbaugh said there had previously been some conversation and concern about some of the verbage in the agreement; particularly the paragraph relative to the City's release of liability. After discussion with Mr. Camp they were comfortable with the agreement because any release from any problem, past, present or future, is in relation only to the diversion of water. Bob Betenbaugh made a motion the agreement be accepted. Jack Shinall seconded the motion which carried 7-0. RM LWBPn (A) Computer equipment for Library. Kathy Jordan made a motion the computer hardware equipment for the Library be awarded to IBM at $16,948, the low bid meeting specifications. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: There were no permits for consideration. CONSENT AGENDA• (A) Approval of October minutes (B) Approval to request bids for aerial photos and digitizing (C) Change date of first December meeting to December 12 Jim Hawkins made a motion items B and C of the Consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. November 7. 1988 meetina - continued Bob Betenbaugh made a motion the minutes of October 3, 1988 be approved with a correction to reflect that Kathy Jordan was not present. Bob Davis seconded the motion which carried 6-0, with Kathy Jordan abstaining. Wade Lnenicka made a motion the minutes of October 11, 1988 be approved as submitted. Bob Davis seconded the motion which carried 6-0, with Jack Shinall abstaining. Jim Hawkins made a motion the minutes of October 17, 1988 be approved as submitted. Jack Shinall seconded the motion which carried 6-0, with Bob Davis abstaining. COUNCIL INPUT: Kathy Jordan made a report from the Library and stated that 1,092 new voters had registered at the Library for the upcoming election. Jack Shinall said the FLSA law suit brought by the firemen has been tried and negotiations for settlement are= on -going. The fire committee will meet November 16th and the topic of the meeting will be the suit. Wade Lnenicka expressed his appreciation to the Parks & Recreation staff for the Halloween Carnival at Cobb Center Mall; it was very successful. Wade Lnenicka also reported the new Public Works facility was coming along nicely and they hope to move in next week. Wade Lnenicka reported that the water problem on Campbell Road at the bridge has been corrected. Wade Lnenicka said that Friday is Veterans Day and reminded everyone that the American Legion will have a special ceremony on the front lawn this Friday at 11:00 a.m. Bob Davis said we are still having some problems with the striping on Spring Road at Campbell and we are trying to get it corrected. Attorney Camp reported that the Jebco law suit has been continued until November 17, 1988. With no further business, meeting adjourned at 8:33 p.m. A. 7MAX�CON, MAYOR MELI A DAME N CITY BOB qVIS� WARD 1 ADF�LNENI KA, W 2 BILL SCQ6GiNS, WARD—T7-,--:-' //JAME$ M. HAWKINS, WARD 4 , WARD 5 KATHY BRPTKS'JORDAN, BOB BETENBAUGH, WARD 7 November 21, 1988 The regular meeting of Mayor and Council was held November 21, 1988 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Johnny Mackey from Smyrna Church of Christ, followed by the pledge to the flag. Mayor Bacon announced that item 4(C) on the agenda, the package beer and wine