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10-18-1982 Regular MeetingOctober 4, 1982 - Continued tree dedicated to some individual who had contributed to the community. Mayor Bacon suggested the first tree to be planted be in honor of Mazie Nelson. (Fire) James Williams said the Fire Department had completed painting all the plugs in the City. (Inspections) Max Bacon said his committee had met with several businessmen from Smyrna concerning our temporary sign ordinance, and it was a good meeting for everyone concerned. Max said they felt our fees were not out of line, but their biggest concern seemed total enforcement of the ordinance. Max Bacon asked if the "no turn on red" sign on Spring Road at Campbell Road could be changed to be effective during school hours only, as he has been receiving complaints about traffic backing up on Campbell Road. Jim David said the sign could be changed to be effective during certain hours of the day. (Water) Jim Tolleson read a proposed ordinance amendment which will require deposits for water and sewer service. Jim said this would be brought up at the next meeting for a vote. Attorney Camp advised that a rate of interest should be established with passage of the ordinance, and also in the last paragraph concerning fines, we might add that a fine would be charged plus any service used. Announcements: CMA meeting at Smyrna City Hall on October l2th; next council meeting October 18, 1982. With no further business, meeting adjourned at 9:00 p.m. October 18, 1982 The regular scheduled meeting of Mayor and Council was held October 18, 1982 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 except James Williams, who was out of town. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Civil. Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Reverend Harris Fennell of the Smyrna Assembly of God, followed by the pledge to the flag. Mayor Bacon introduced Don Jones, candidate for State Court Judge and Cody Holman, candidate for State Senate and welcomed them to the meeting. Presentation: Sarah Jones presented a plaque to Jim Brooks, who resigned from the Parks and Recreation Commission. The plaque was in appreciation of his faith- ful service from October 1979 to September 1982. Citizen Reports: Mrs. Callene Calvert of 2144 Kennesaw Way said that two weeks ago a car came into her yard with a Cobb County police car behind it. The driver was charged with Driving Under the Influence, driving with no license, and the car was towed away. The officer then told her family that they would be arrested for harboring a fugitive. Later, members of the Smyrna and Cobb County Police Departments came with a search warrant and said she had been dealing with narcotics and stolen merchandise. Mrs. Calvert showed pictures to council of the mess they made in searching her home, and said they confiscated jewelry, guns and other items. Elbert Coalson said Mrs. Calvert was in his ward and he had talked with her about the incident. He turned the report over to James Williams who is Chairman of the Public Safety Committee, but Mr. Williams has been out of town and not able to contact her. Mayor Bacon told Mrs. Calvert he would come to her home tomorrow morning, and felt this should be looked into pretty thoroughly. Mike Montgomery, a resident of Church Road complained about the new development adjacent to his property, Hunting Trace. Mr. Montgomery said he was having a very bad problem with water runoff onto his property and the developers are not living up to their commitment, or building according to the plans that were approved. Mr. Montgomery said that Vic Broyles had already been out to the site and agreed that the water runoff was bad, but said there was nothing the City could do at this point. Mayor Bacon asked Jim David and Vic Broyles to meet with Mr. Montgomery early the next day to see what could be done. October 18, 1982 -_Continued Joel Harold of 3478 Shawnee Trail represented the Cedar Cliff Homeowners Associa- tion in a request that our ordinance be amended to alter the definition of single family dwellings to be a home occupied by no more than two (2) unrelated individuals. Also, that in the existing cases where there are more than two unrelated individuals living in one home, that they fall under the grandfather clause. Max Bacon said the problem in Cedar Cliffs is that some of the homes have not sold and are being rented to several people, not related. Mr. Harold said there were restrictive covenants in the subdivision, but did not think it would prevent this situation from happening. Management Change: The Timbers, 730 Concord Road requested a transfer of the wine, malt beverage and liquor pouring license, the applicant being Lynette Alligood Barnette. Jack Shinall read a letter from Chief Little stating their investigation did not reveal any factors that would prohibit Mrs. Barnette from obtaining the license, and made a motion the transfer be approved. Sarah Jones seconded the motion which carried 5-0, with Jim Hawkins abstaining. Annexation: Fred M. Shope, Jr. requested annexation of property on Spring Road in Land Lot 631, the legal description having been read and made a part of the minutes of the September 7, 1982 meeting. Max Bacon made a motion the property be annexed, to become a part of Ward 3. Jim Hawkins seconded the motion which carried by a 6-0 vote. Zoning: Fred M. Shope requested rezoning of property just annexed from Residential to General Commercial, to build an automobile air conditioning and heating repair shop. Mr. Shope said this would be a very attractive building with cars coming in and leaving the same day, and did not anticipate any outside storage as you would have with a garage. The existing building on the property will remain, but will be -remodeled. Max Bacon read the recommendation from the Planning and Zoning Board where they unanimously recommended the rezoning be approved, and made a motion the zoning be approved as requested. Jim Tolleson seconded the motion which carried by a 6-0 vote. Zoning: Sheron Industries requested rezoning of approximately 18 acres on Spring Road from Neighborhood Shopping to RM-12. Mr. Charles Sheron and Billy Floyd were spokesmen for the rezoning and there was no opposition. Mr. Sheron said this would be another phase of Cumberland Bridge Apartments. They made appli- cation for rezoning several months ago and received a favorable recommendation from the Planning and Zoning Board, but due to some concern from the local citizens withdrew their application at the last minute. Mr. Sheron said they had studied the market and the legal aspects of down -zoning and felt the best and highest use of the property was for apartments. Jim Tolleson said that Cumberland Bridge was a beautiful development and his only objection was that there are already 910 apartment units within a one-half mile radius of this location. The traffic is terrible, and the accident rate has gone wild. Jim said he would like for them to hold off on developing the property until more roads are built, and he would personally rather have a shopping center, as zoned. Jim said he would not be'doing justice to the people in his ward to vote for this rezoning. Mr. Sheron said their studies had proven that a shopping center generates more traffic than an apartment complex. Also, they will use the existing entrance and will not ask for an additional curb cut. Max Bacon asked if they had con- sidered using Woodruff Drive as a means of ingress and egress. Mr. Billy Floyd said he managed Cumberland Bridge Apartments and for security reasons, they have found that you have less problems with only one entrance and exit. Also, since people come and go to their jobs at different times of the day there should not be any problem with the residents already living there, as far as traffic is concerned. Sarah Jones asked Mr. Sheron if they would be willing to help with the cost of a traffic light at the location when the State approved it, and the answer was yes. Mr. Sheron said they were willing to contribute in any way they could to help with the flow of traffic on Spring Road. A representative of Carter and Associates said he had helped in the traffic study and said this property would support approximately 180,000 square feet of shopping area which would generate approximately the same amount of traffic as they have at Richway. After further discussion, Jack Shinall made a motion the rezoning be approved, seconded by Jim Hawkins. Vote on the motion carried 5-1, with Jim Tolleson opposed. The Planning and Zoning Board had also recommended this zoning be approved. (RM-12 zoning declared null and void --see minutes of June 3, 1985) October 18, 1982 - Continued Variance: Fred M. Shope requested a variance for his property on Spring annexed and rezoned tonight. Mr. Joe Boling said he would construct the building and presented plans to Mayor and Council. The ordinance calls for a 50 foot buffer on the side yard abutting residential property and they were asking to vary to a 10 foot buffer. Mr. Boling said the extra footage would be needed for parking and later on they may want to add onto the building. Jim Hawkins said -that the request as stated, was to vary from 50 feet to 40 feet and they would not be able to'act on this request tonight. Mr. Boling said he did not realize the letter was incorrect, but what they need is a variance from 50 feet to 10 feet. Jack Shinall made a motion this variance be tabled to the next meeting, to allow Mr. Shope to reapply for the variance needed. Max Bacon seconded the motion which carried by a 6-0 vote. Variance: Afton Downs requested a variance of one foot three inches on the front building setback line.for lot 60. A representative for Afton Downs said the building was built over the line in error and they don't know if the survey was wrong, or if the pins were moved. At the time of closing it was brought to their attention that the building was over the line. Max Bacon made a motion the variance be granted and Mr. Minchew fined $200 for the building violation. Jack Shinall seconded the motion which carried 5-1, with Jim Tolleson opposed. There were no commercial building permits to bring before council. Business License: A public hearing was held to consider the request by David R. Sweat for a business license to operate A.A.A. Cab Company in the City. There was no opposition. Mr. William Rogers asked if the City had ordinances and requirements for cab companies to comply with, and the answer was yes. Jack Shinall made a motion the business license'be granted, seconded by'Elbert Coalson. Vote on the motion carried 6-0. Mayor Bacon read a letter from Harris Fennell, Pastor of Smyrna Assembly of God, requesting permission to use mobile housing during their new construction at 4200 King Springs Road as follows: 1. One mobile building riot larger than 14' x 72' for the purpose of temporary offices to be used for-the.�church staff on a daily basis. 2. One mobile building 24' x 60' to be used for smaller meetings of the church and for storage. 3. One mobile building not larger than 12' x 40' to be used as a construction superintendent's office and storage.. Mr. Fennell said they would need these facilities for about a year beginning on or about January 1, 1983. During construction, their regular Sunday worship services will be conducted at a nearby school. Attorney Camp said this council could not approve a request such as this to ex- tend beyond December 31, 1983, and should be granted effective January 1, 1983 and expire December 31, 1983. Mr. Fennell said he may need the buildings in place sooner than that. Elbert Coalson made a motion the request be granted to use mobile housing for one year, beginning December 1, 1982 through December 1, 1983. Jack Shinall seconded the motion. Mr. Fennell said he would also need sewer connections on one of the buildings, which would be subject to approval of the building inspector and fire marshal. Vote on the motion carried 6-0. Request for bids: Jim Hawkins made a motion that bids be accepted for re -roofing of City Hall and the Police Station per specifications prepared by Jim Mallett, to be opened November 1, 1982. Jim Tolleson seconded the motion which carried 6- 0 . Max Bacon made a motion that bids be accepted for three new police vehicles, to be opened the second meeting in November. Jim Tolleson seconded the motion which carried by a 6-0 vote. Elbert Coalson made a motion that bids be accepted for a curbing machine for the Streets Department to be opened November 1, 1982. Jim Tolleson seconded the motion which carried 6-0. Jim Tolleson said that at the CMA meeting held October 12th, a resolution was introduced requesting a special police tax district, similar to the fire tax districts, where incorporated areas would not pay Cobb County taxes for police October 18, 1982 - Continued protection. Jim read the resolution as follows, and made a motion it be adopted by Council: WHEREAS: the six (6) municipalities of Cobb County, Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna operate their own Police Departments; and WHEREAS: Cobb County operates a separate Police Department to maintain the peace in the unincorporated area; and WHEREAS: the tax payers in the six (6) cities pay.for the County Police Department as well as their own; and WHEREAS: County tax payers do not pay for the Departments of the six (6) cities except indirectly through fines and forfeitures; and WHEREAS: this inequity of city residents paying for services rendered in the unincorporated area of the County is known to all persons and is an unfair tax burden; now THEREFORE: BE IT ORDAINED BY THE MEMBER CITIES OF THE COBB MUNICIPAL ASSOCIATION, together assembled to call upon the Cobb Legislative Delegation and Commissioners of the County of Cobb to end this unfair situation by the creation of a special tax district to cover the unincorporated area of Cobb County, just like the County Fire Department is presently financed; and BE IT FURTHER RESOLVED THAT this will likely result in a higher tax burden in the unincorporated area and a lightening of the tax burden in the cities, this is as it should be and may well result in better, prompter and surer law enforcement in the unincorporated area of the County. Max Bacon seconded the motion. Jim Tolleson said this resolution would be sent to the president of CMA who would appoint a committee of 2 or 3 people to present the resolutions to the Cobb County Delegation and County, Commissioners. Vote on the motion carried 6-0. Max Bacon made a motion the following fees be adopted for amusement centers and electronic amusement machines: Amusement Centers: $250 flat rate plus $25 per machine Individual Machines: $35 each Max said these fees would reduce the flat rate fee as was originally proposed and lift the ceiling on total cost of a business license for amusement centers. Jack Shinall seconded the motion which carried 6-0. Committee Reports: Sarah Jones said the City's liability insurance was up for renewal and would probably be put out for bids at the next meeting. (Parks) Sarah Jones reminded everyone of the Halloween Carnival at Cobb Center on October 30th. (Streets) Elbert Coalson asked Jim David when the paving would.begin on Cherokee Road and the parking lot at city hall. Mr. David said the contractor had informed him they would try to start work this week. (Library) Doris Morris said they have installed three new overhead lights in the library and reinforced some of the shelving. Doris expressed her appreciation to James Davis for the good job he does in cleaning and said she has received many nice comments from people who come in. (Finance) Jim Hawkins said we are on line with our budget and the City is in better financial shape that we have been in several years. Jim said the thanks should go to the preceding finance committee. Max Bacon made a motion the rules be suspended to allow him to place a motion on the floor. Jack Shinall seconded the motion which carried 6-0. Max Bacon said the residents of Cedar Cliffs Subdivision wanted to have a block Halloween party on October 31st, and made a motion that Cedar Ridge Court be October 18, 1982 - Continued I closed on October 31st from 6:00 to 3:00 p.m. Jack Shinall seconded the motion which carried 6-0. Jim Tolleson expressed his appreciation to Allen Halpern for his $500 donation to the City to be used towards planting trees and shrubs on Atlanta Road in front of Belmont Hills Shopping Center. Jim said work should begin within the next 2 to 3 weeks. Jim Tolleson called a meeting of the Water Committee for October 19th at 5:30 p.m. to discuss our billing system, since there seems to be some inequities in the flat rate fees we are charging. Jim Tolleson said he has been receiving calls about people parking tractor - trailer trucks overnight in subdivisions, and asked for clarification of the ordinance. Attorney Camp said that parking was not allowed anywhere on city streets between the hours of 10:00 p.m. and 6:00 a.m., for vehicles weighing over 6,000 pounds. Chief Little said we would have jurisdiction if these vehicles were parked on city streets. Announcements: Next council meeting on November 1, 1982 and the Cobb County Chamber of Commerce Breakfast on Wednesday. Mayor Bacon said he had received a request from Barrow Wrecker Service for a parade permit and was too late to put in on the agenda. Jack Shinall made a motion the rules be suspended to place a motion on the floor. Jim Tolleson seconded the motion which carried 6-0. Elbert Coalson made a motion that Barrow Wrecker Service be issued a parade permit for Saturday, October 23rd. Jack Shinall seconded the motion which carried 6-0. With no further business, meeting adjourned at 8:55 p.m. ARTHUR T. BACON, MAYOR JAMES E. TOLLESO WARD 1 +JES ILLIAMS, WARDk3 10,00, CK SHIN WARD SARAH JONES, WARD 7 SPIVEY, G1 Y CLER WILLOUISE MAX BACON, WARD 2 ES' -Mt HAWKINS, WARD ELBERT R. COALSON, WARD