07-18-1983 Regular Meeting (2)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.
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 would 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.
1
F
Another gentlemen from the audience asked to speak and was also sworn in. He stated
the beauty shop referred to was not zoned for commercial use; it was a beauty shop
in his home.
James Williams asked Mr. Camp if council could approve a zoning for a use that they
knew would not comply with the ordinance. Mr. Camp said they could rezone and leave
Mr. Dickson the option of combining other property with this or asking for a variance
to meet our requirements. Mr. Camp said it may be appropriate to discuss the zoning
and variance request at the same time.
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.
Variance: C. Lamar Dickson requested a variance on the above mentioned property,
from 80,000 square feet to 45,302 square feet on the required lot size for .8 town-
houses. Jim 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 voted 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.
Privilege License: Ann C. Watson requested a.beer and wine _pouring license for
Annie's Kitchen, Ltd. 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 in 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: Polly C. Chan requested a liquor pouring license for China Sta-
tion, 2528 Spring Road. Mrs. Powell and Mrs. 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 foot radius, stating they had no objection to the license being issued. Jim
Hawkins said when China Station applied for their beer and wine pouring license
several years ago he voted in opposition, mainly because they fell within the 200
foot radius of residentially zoned property and he felt they were in the same situa-
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 a realty
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 license be approved, seconded by Sarah Jones.
Vote on the motion carried 4-3, with Jim Tolleson, Sarah Jones, Max Bacon and James
Williams voting for. Opposed was Jack Shinall, Elbert Coalson and Jim Hawkins.
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 received and both were excessively high. Jack made a motion the bids be rejected
and the job re -bid, to be opened the first meeting in August. Jim Tolleson secon:�ed �
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 requested,
to be opened the second meeting in August. James Williams seconded the motion which
carried 7-0.
Jim Tolleson made a motion the speed limit for Village Parkway be set for 45 miles
per hour. Max 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 from Post Properties also requesting
that a street light be installed at each end of Village Parkway. Jim Tolleson said
we have already contacted the State concerning the lights.
Jim Tolleson made a motion the hearing for the appeal of the decision of Recorder's
Court by H. G. Hand be heard August 1, 1983. Jack Shinall seconded the motion which _
carried 7-0.
Appointment: Jim Hawkins made a motion that Ken Turner be appointed to the Parks
and Recreation Commission to fill the unexpired term of Claude Eason, representing
Ward 4. Max Bacon seconded the motion which carried 7-0.
Jim Tolleson said that after a considerable amount of discussion it was decided to
place on the 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 rookie. Also, it will be helpful to city employees, especially in City Hall,
and a tremendous help in long term planning.
Jim Hawkins said he had been in favor of the staggered terms for some time. It could
happen that an entire city administration could be wiped out in one election and
would be very disruptive to city business.
Jack Shinall said he knew there were many pros and cons, and this is the best way
to see how the people feel. Also, he would like to go to the people more and more
about issues such as this.
James Williams said as a rookie he would support what Mr. Tolleson said; in a 2 year
term you actually accomplish about 6 months of productive work before it is time
to start another campaign.
Jim Tolleson made a motion this issue be placed on the November ballot. Jim Hawkins
seconded the motion which carried 7-0.
July 18, 1983 - Continued
Jack Shinall said our Future Land Use Plan definitely needs to be updated and we
now have several zoning categories that are not on the existing plan. Jack made a �
motion proposals be accepted to update the Future Land Use Plan which would include
public hearings and recommendations by qualified engineering firms. Elbert Coalson
seconded the motion which carried 7-0.
Committee Reports: (Parks) Elbert Coalson read a letter from the Parks Department
concerning the 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
& 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
intthe 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.
ARTHUR T. BACON, MAYOR
4S,91, JONES, WARD 7
WILLOUISE C. SPIVEY, CIT LERK
MAX BACON, WARD 2