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01-07-1985 Regular Meeting" The first Mayor and Council meeting of the new year was held January 7, 1985 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 Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Assistant City Clerk Melinda Dameron, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Jim Tolleson read a letter from Redd Realty, Inc. requesting that their application for rezoning of the Northcutt property in Land Lot 775 on Spring @ Campbell Road from Future Commercial to General Commercial be postponed to allow them more time to complete the traffic study. Jim Tolleson made a motion the rezoning be postponed to January 23, 1985. Jim Hawkins seconded the motion which carried 7-0. Citizens Reports: Sue Brissey stated she still had a list of 10 to 12 businesses on Concord Road that have not complied with our parking requirements and she has been working on this for 3 years. Mayor Bacon told Mrs. Brissey if she would leave a copy of her list he would have Mr. Camp look into this matter. Proclamation: Attorney Camp read a proclamation for Jaycee Week and presented It to President Jay Wallace. Civil Service: • Bob Davis, Chairman of the Civil Service Board read and presented copies of a letter from the Board to the Mayor and Council listing the most qualified eligible applicants for the office of the Chief of the Smyrna Fire Department as follows: 1. Larry W. Williams 2. Samuel L. Wehunt 3. Marion E. Whitener 4. Emmett E. Hobgood 5. James D. Ruffner 6. Michael Bedenbaugh 7. Hubert W. Cochran The Board also presented a sealed envelope containing the test scores of the above mentioned applicants and Mayor Bacon instructed Willouise Spivey to place the unopened envelope in the safe. Mayor Bacon said they would start reviewing the applications tomorrow. Jim Hawkins expressed his appreciation to the Civil Service Board members for the fine job they have done and made a motion the r names be accepted as presented. Jim Tolleson seconded the motion which carried 7-0. Residential Business License: Kathy Brooks stated that Michael McGee had called ('late this evening to say that he had sickness in the family and could not be present for the meeting tonight. Kathy Brooks made a motion the residential business license for A'&M Waterproofing at 599 Kennesaw Drive be tabled to the next meeting. James Williams seconded the motion which carried 7-0. Ordinance Amendments: Hugh Ragan read proposed amendments to Sections 713 and 906 of the zoning ordinance as follows, and made a motion they be approved. Section 713 - Office/Distribution District (713.4.1) Mini warehouses, for self storage only, which may include one (1) apartment for a security guard or caretaker provided the apartment is an integral part of the warehouse•,,complex and not a free standing unit and provided said apartment shall not be leased or rent?d to any second party. Section 906 - Required Parking Spaces (906.27) Warehouses mini. Four spaces minimum plus one space per two thousand (2,000) square feet, of gross storage area in excess of eight thousand (8,000) square feet, provided .in the event the development contains an apartment, the minimum spaces shall:be,,;increased to six (6) spaces. There was no opposition from the audience and Jack Shinall seconded the motion which carried 7-0. January 7, 1985 - Continued I i -'Hugh Ragan read proposed amendments to Sections 1506, 1303, 1304 and 1305 of the zoning ordinance as follows,,and made a motion they be approved. Section 1506 - Withdrawal of Application The Mayor and Council, in their sole descretion, may allow an amendment to an application or withdrawal of an application to amend this ordinance, by the applicant or applicant's agent, without prejudice to the applicant's ability to resubmit such application on the same property notwithstanding the twelve (12) month resubmittal limitation required in this article, provided said appli- cation is withdrawn or amended on or before five o'clock (5:00) p.m. on the Monday of the week preceding the Council meeting at which it is to be considered by tt�e Mayor and Council; however, no more than one (1) withdrawal of an appli- cation pertaining to a particular parcel of land shall be permitted within a twelve (12) month period. The Mayor and Council may also, on their own motion, amend or withdraw an application upon showing of cause of their actions, without prejudice. Section 1303 - variances ►� All requests for variances shall be submitted at least two (2) weeks prior to a regularly scheduled city council meeting. A fee, to be determined annually by the governing body, must accompany each request. The following information must be provided with each variance application: 1) Location of property, to be identified by land lot number, street address, and present zoning classification. Also, general descriptive information such as major streets or other well known landmarks. 2) Zoning classification of all adjoining property. 3) A comprehensive summary detailing the extraordinary and exceptional conditions which will necessitate a noncomforming use. 4) Written comment of abutting property owners should the requested variance affect minimum requirements imposed by any portion of the zoning ordinance for the City of Smyrna. 5) A copy of the plat of the property as recorded in the office of the Clerk of Superior Court of Cobb County, Georgia and a plat reflecting the' proposed variance suitable and acceptable for recording in the office of the Clerk of Superior Court of Cobb County, Georgia. 6) Signature of the subject property owner or in the case of a corporation a duly authorized officer. Section 1304 - Resubmittal of Variance Requests A variance request affecting the same property shall not be submitted more often than once every twelve months; however, this provision shall not apply to those properties affected by an amendment filed by the Mayor and Council or Planning fComi6ission. i Section 1305 - Withdrawal of Variance Request The Mayor and Council, in their sole descretion, may allow an amendment to a variance request or withdrawal of a variance request to amend this ordinance, by the applicant or applicant's agent, without prejudice to the applicant's ability to resubmit such variance request on the same property notwithstanding the twelve (12) month resubmittal limitation required in this article, provided said variance request is withdrawn or amended on or before five o'clock (5:00) p.m. on the Mondayi,of; the week preceding the Council meeting at which it is to be considered by the Mayor and Council; however, no more than one (1) withdrawal of a variance request pertaining to a particular parcel of land shall be permitted within a twelve (12) month period: The Mayor and Council may also, on their own motion, amend or withdraw a variance request upon showing of cause of their actions, with prejudice. Jim Tolleson seconded ,the motion to approve the amendments which carried 7-0. Annexation: Hugh Ragan made a motion the Seventh-Day Adventist property in Land Lots 530 and 551 be annexed to ;become a part of Ward 7, the legal description having been read and, made a part of the December 17, 1984 minutes. Max Bacon seconded the motion which carried 7-0. • January 7, 1985 - Continued Annexation: James 'Williams made a motion that three parcels on Davenport Street in Land Lot 664 be annexed to become a part of Ward 3, the legal description having been read and made a part of the December 17, 1984 minutes. Max Bacon seconded the motion which carried 7-0. Annexation: James Williams made a motion that property on Smyrna -Roswell Road In Land Lot 733 be annexed, to become a part of Ward 3, the legal description having been read and made a part of the minutes of the December 17, 1984 meeting. Jim Tolleson seconded the motion which carried 7-0. Request for Bids: Jim Hawkins made a motion bids be requested to replace the outdoor warning system for one siren on Elmwood Drive, to be opened the next ,meeting. Jim said this has been approved in the 1984/85 operating budget. James Williams seconded the motion which carried 7-0. Civil Defense Director Jim Farley said this will give us 9 active sirens in the City and others will be installed in accordance with their long-range plans over the next 5 years. Bid Award: Max Bacon said that only one bid was received for the extension of the water line on Atlanta Road and it was the committee's recommendation this project be rebid. Max Bacon made a motion the bid be rejected and rebid for the next meeting. Jack Shinall seconded the motion which carried 7-0. Bid Award: Jim Hawkins stated that only one bid was received for the sound projector and screen for the Fire Department and made a motion it be awarded to Schoolthings, at their bid price of $896.00 to be charged to the training budget. James Williams seconded the motion which carried 7-0. Bid Award: Jim Hawkins made a motion the bid for 6 air packs and 6 extra tanks for the Fire Department be awarded to American Safety and Fire House, being the low bidder at $987.50 each for air packs and $250.50 each for the extra tanks. Jim stated that this expenditure would almost deplete the training budget and also recommended this expenditure be paid from General Fund Contingency. Hugh Ragan seconded the motion which carried 7-0. Bid Award: Hugh Ragan said the Engineering Committee had reviewed all bids received for engineering services for the City and made the following recommen- dations: 1) Retain Mallett & Associates as city engineer for routine daily operations such as reviewing site plans, blue prints, etc. 2) Retain Welker & Associates for all water and sewer consulting work and all other related studies. 3) Retain Hensley -Schmidt for all zoning, variance and other ordinance related work and also to continue with the Future Land Use plan for the City. Further, the committee recommended that any consulting work not covered would beldetermined by Mayor and Council as to who will get that work. Also, the consultant involved in these particular areas be required to be present at every meeting where there is any item on the agenda relating to any work they are doing for the City. Hugh Ragan made a motion the bid be awarded as specified above. Jim Hawkins seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: (1) Highlands Apartments at 2525• Ward Street requested a building permit to repair fire damage at a total estimated cost of $15,000. Kathy Brooks made a motion the permit be, approved subject to approval of the City Engineer and Fire Marhsal. Max Bacon seconded the motion which carried 7-0. (2) R-Value, 3265 Atlanta Road requested a building permit for an addition to the existing building at a total estimated cost of $50,000. Jack Shinall 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. (3) Pattillo Construction requested a building permit for construction at 4300 Highlands Park Drive for office/warehouse space at a total estimated cost of i ! ' January 7, 1985 - Continued $500,000. Hugh Ragan made a motion the permit be approved subject to approval if the City Engineer and Fire Marshal. James Williams seconded the motion which carried 7-0. Planning & Zoning Board Appointments: Jim Tolleson made a motion that Marion Wilhelm be reappointed to the Planning and Zoning Board representing Ward I. Max Bacon seconded the motion which carried 7-0. Max Bacon made a motion Joel Harrell be appointed to the Planning and Zoning BoardrepresentingWard 2. Jim Hawkiris.seconded the motion which carried 7-0. J'im Hawkins made a motion that Jack Strickland be reappointed to the Planning and Zoning Board representing Ward 4. James Williams seconded the motion which carried 7-0. Hugh Ragan made a motion that Ray Houston be appointed to the Planning and Zoning Board representing Ward 7. Max Bacon seconded the motion which carried 7-0. Hugh Ragan said that Gene Jernigan had done a fine job and thanked him for serving on this Board in the past. Approval of Minutes: Jim Tolleson .made a motion the minutes of December 3, 1984 be approved as submitted. Jack Shiriall seconded the motion which carried 7-0. Jim Hawkins made a motion the minutes of December 12, 1984 be approved as submitted. James Williams seconded the motion which carried 7-0. Jim Hawkins made a motion the minutes of December 17, 1984 be approved as submitted. Jack Shinall seconded the motion which carried 7-0. Jim Hawkins made a motion the proposed Georgia Motor Vehicle Accident Reparations Act ordinance be tabled to the next meeting until we can get a little more infor- mation from the State. James Williams seconded the motion which carried 7-0. Max Bacon made a motion approval be given to purchase 500 underground garbage can liners at a total cost of $5,515.00. James Williams seconded the motion which carried 7-0. Committee Assignments: Mayor Bacon announced the following changes in committee assignments, to become effective at midnight tonight. FINANCE & ADMINISTRATION Jack Shinall, Chairman James Williams Max Bacon PUBLIC SAFETY POLICE, FIRE & CIVIL DEFENSE Hugh Ragan, Chairman Jim Hawkins I , James Williams STREETS, MAINTENANCE AND GARAGE Max Bacon, Chairman Hugh Ragan Kathy Brooks ENGINEERING & INSPECTIONS Arthur Bacon Hugh Ragan Jim Hawkins WATER & SANITATION James Williams, Chairman Max Bacon Jack Shinall PARKS & RECREATION, INSURANCE Jim Hawkins, Chairman Jack Shinall Kathy Brooks LIBRARY, EMPLOYEE BENEFITS, ALCOHOL & PRIVILEGED LICENSE Kathy Brooks, Chairman Jack Shinall Hugh Ragan January 7, 1985 - Contnbed -� Committee Reports: (Library) Doris Morris reported on library activities and stated that Federal tax forms were now available. (Parks) Sherry Reavis reported the new Recreation Supervisor started work today. Jack Shinall stated that Billie Stephens had served on the Planning and Zoning Board since his first year in office. He did a good job and loved this city. S Billie passed away on January 4th and Jack expressed his appreciation to the Stephens family for the fine job he did and offered his support. 2nance) James Williams said we are now advertising for a City Administrator ,will be accepting applications through February 15th. To date, we have about 24 applications. Max Bacon stated that letters had been sent to the State and County about the traffic problems in the City and also to the School Board about projected growth in our school system. This information was requested as a result of the 90 day moratorium approved at the November 5th meeting. The County is in the process of revamping some roads in this area and we will be getting a response from them to that effect. Max said that hopefully we would have a recommendation after the 90 days; if not, we may want to extend the moratorium another 60 days until the study is completed. i Max Bacon reported on the problem the residents of Ann Road have had with the passing track constructed by Seaboard Railroad, behind their homes. This track is actually being used as a yard for the railroad, with trains parking there for hours at the time. Max said he has contacted many people about this problem including officials from the railroad, the Public Service Commission and Congressman Buddy Darden and they say there is nothing they can do. His most recent contact was with the railroad office in Jacksonville and they have promised an answer within a week. The entire council expressed their appreciation to Jim Tolleson for the fine job he has tone as Ward 1 Councilman for the past 9 years and let him know that he would be missed by all. Jim Tolleson said it had been an honor and privilege to serve the City the past 9 years. A lot has been accomplished, including the King Springs Park complex; annexation of over 2,000 acres; improvement in city services; improvement in employee salaries and benefits. Jim offered his resignation, effective at 12:00 midnight to serve in the State Senate but stated he knew he was leaving the City in good hands. Jim also expressed his appreciation to the many people that had helped him through these years. Jack Shinall made a motion the resignation be accepted with regrets. Max Bacon seconded the motion which carried 7-0. Mayor Bacon presented the traditional crystal jonquil to Jim and Barbara, along with an engraved plaque. ( M�or Bacon said it would be necessary to hold an election in Ward 1 to fill Jim's unexpired term. The election date has been set for February 19, 1985, with qualifying January 23 through 25. Max Bacon made a motion the rules be suspended to approve the election dates. Jim Hawkins seconded the motion which carried 7-0. Max Bacon made a motion the Ward 1 election be held February 19, 1985, with qualifying dates January 23 through 25. Jim Hawkins seconded the motion which carried 7-0. Mayor Bacon said that he hoped whoever was elected would continue to do the same good job Jim has always done. i, Mayor Bacon said he did not like the logos being used on the newer city vehicles and felt we should., continue with the logos we have always used. Also, we have been having poor turnouts at our agenda meetings and should discuss either changing the times or doing away; with them completely if we can't have full participation. Upon the recommendation of Mayor 'Bacon, Jim Tolleson made a motion that Jim Hawkins be made Mayor Protem for the remainder of this year. James Williams seconded the motion which carried 7-d. With.no further business, meeting adjourned at 8:48 p.m.