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07-11-1983 Regular MeetingJuly 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: Bill Rogers again expressed his disappointment over Council's de- cision to approve the zoning of the E. P. Logan and Opal W. Jones property at the last meeting. Annexation: Sarah Jones made a motion that 1.95 acres on South Cobb Drive in Land Lot 552 be annexed into the City, the legal description having been read and made a part of the minutes of the June 6, 1983 meeting. There was no opposition from the audience. Jack Shinall seconded the motion which carried 7-0. 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, rezoning and variance request by C. Lamar Dickson be tabled to the next meeting due to a mistake in the legal ads. James Williams seconded the motion which carried 7-0. Rezoning: Jeff Ellis represented John Wieland Homes in their request to rezone 1.25 acre_ — 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 Association 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. Variance: Mr. George Lee represented Georgia Lung Association in their request for a variance 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 driveway and all parking on the east side 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 objections 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 from 50 feet to 25 feet for an addition to their business on Cherokee Road. Jay Wallace said the addition 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 adjoining 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 audience 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 at a total estimated cost of $367,000. James, Williams made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. t (2) James R. Nichols requested a permit for an addition to the existing structure at 1246 Concord Road at a total estimated cost of $35,000. 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. (3) Amoco Oil requested a permit for construction of a new building at 3002 Atlanta Street at a total estimated cost of $60,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. (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 motion the permit be approved subject to approval of the Fire Marshal .and City Engineer, seconded by Jim Tolleson. Mayor Bacon read a letter from Mr. Bishop agreeing to convey 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 building they are about to construct; they were concerned with any buildings they may want to build in future years. The present building will meet all 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 right 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) Georgia Lung Association requested a permit for new construction at 2452 Spring Road at 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) Jay Wallace requested a permit for an addition to their existing building at 630 Cherokee Road at a total estimated cost of $29,000. Elbert Coalson made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Max Bacon seconded the motion which carried 7-0. Privilege License: Elbert Coalson made a motion the request for beer and wine pouring for Annie's Kitchen at Belmont Hills Shopping Center be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. Privilege License: Jim Tolleson made a motion the liquor pouring request for China Station be tabled to the next meeting. Jim Hawkins seconded the motion.which carried 7-0 . Privilege License: Brunswick Belmont Bowl at Belmont Hills Shopping Center requested a liquor, beer and wine pouring license. There were 12 to 15 people in the audience opposed. Ken'Ansley represented Brunswick and said they were the only bowling center in Cobb County that did not have a lounge and they have had a considerable loss of revenue over the last few years. Their plans are to remove the game room and remodel that portion of the building for a nice lounge. Also, the pool room area will be made smaller and will only leave 2 tables. Mr. Ansley said the lounge will be open only during the evening. Also, he felt they would comply with our ordinance and would be like any other restaurant in the area. Following a question from council, Mr. Ansley said drinks would be allowed outside the restaurant area; however, minors would be required to have written permission from their parents to bowl in a night league. His employees would also keep a very close eye on the lounge to be sure that minors were not served. Mr. Ansley said Brunswick had over 200 other pouring licenses across the nation and they have never had any major violations in the years they have been in business. Mr. Ansley said they do not have lanes for open bowling in the evening because they have double shifts of leagues. Max Bacon said that Section 3-28 stated licenses could not be issued in restaurants where operating only as the minor sideline of another business with the said location and asked Attorney Camp for his interpretation of that section. Mr. Camp said he did not think this section would prohibit a license from being issued. Reverend Frady from Calvary Baptist Church spoke in opposition and said he felt there were too many establishments in Smyrna already serving drinks. He also questioned the ratio of food and drink sales as required by our ordinance and also spoke on the moral principle involved. Rev. Frady said that some of these leagues were church leagues. July 11, 1983 - Continued Reverend Bud Abbott of the First .Baptist Church said they had always felt this was a family establishment and a place where they could encourage their youth to go, but apparently they were not interested in their business now. There are already problems there and if this license is issued it would be a bigger problem. Jim Hawkins said there was enough doubt in his mind that he would not support the license, referring especially to Section 3-28 and Section 3-64 which does not allow minors on licensed 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 18 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 the license be denied based oO Sections 3-28 and 3-64, seconded by Jim Hawkins. Jack Shinall said he would support the motion because he also had some doubts they could meet the ordinance. Vote on the motion carried 6-1, with Sarah Jones opposed. Residential Business License: Mr. Robert L. Reiter, 3745 Hickory Place requested a residential 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 which carried 7-0. Bid Award: Mayor Bacon read a letter from Jim Mallett concerning the bid tabulations on the 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 low 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. Cable T.V. Franchise Agreement: Max Bacon made a motion that Attorney Camp be auth- orized to prepare 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 programming 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 established 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. Jim Tolleson then made a motion approval be given for Countryside Condominiums on Spring Road to place a blinking caution light at their entrance with the developer to pay the entire cost of $1400. Sarah Jones .seconded the motion which carried 7-0. 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 for a report on the Sewer System Evaluation Study and Mr. David said everything is going well, but we need someone to 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. 11 July 18, 1983 The regular scheduled meeting of Mayor and Council was held July 18, 1983 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Assistant City Clerk Melinda Hiatt, Librarian Doris Morris, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Sarah Jones followed by the pledge to the flag. There were no citizen reports. Annexation: A public hearing was held to consider the annexation request by C. Lamar Dickson of 1.04 acres on Lamar Circle in Land Lots 380 and 381, the legal description having been read and made a part of the minutes of the June 6, 1983 meeting. Mr. Lester Sapp, a resident of Lamar Circle said he was relatively new to the area and asked how the annexation process worked. Mr. Camp said Mr. Dickson had applied for annexation of this property to come within the limits.of the City. Mr. Sapp asked if it would affect the other people on the street and Mr. Camp said it would not, they are only annexing the property they own. Mr. Sapp said he was opposed to the following two 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 with the variance requested. Mr. Dickson said if he could not have the variance he did not want the property brought into the City or rezoned. After further discussion Jim Hawkins made a motion the property be annexed to become a part of Ward 4. Jim Tolleson seconded the motion which carried 7-0. Rezoning: C. Lamar Dickson requested rezoning of property just annexed from General Commercial.to Residential Townhouse District. There were 6 people in the audience opposed and 4 were sworn in as spokesmen along with Mr. Dickson. Mr. Dickson spoke first and said he had talked with everyone on the street about the development and they said they had no objections. Jim Hawkins asked if he could reduce the density to 4 units to meet the ordinance and Mr. Dickson said the way he understood the ordi- nance, he would need 80,000 square feet to build even one unit. Mayor Bacon read the minutes from the Planning and.Zoning Board meeting where they recommended the zoning be approved with the variance as requested.