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06-03-1985 Regular MeetingJune 3. 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 3, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Fire Chief Larry Williams, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian Doris Morris, Assistant City Clerk Melinda Dameron, and representatives of the press. Invocation was given by Hugh Ragan, followed by the pledge to the flag. Jim Hawkins announced that the Civil Service Board had elected John Davis of 2106 Glenroy Drive to the Board to fill the unexpired term of Bob Davis and also to a full six year term beginning June 1, 1985. Mr. Davis was sworn in earlier tonight. Citizens Reports: Howard Martin, a resident of Lee Street reported a problem in his neighborhood caused by children harrassing Doris Quarles, one of their neighbors who has Alzheimers Disease. Mr. Martin said he had called the police and given them tag numbers and car descriptions, but nothing is ever done and was appealing to council for help because he was afraid someone would get hurt. Jim Hawkins told Mr. Martin if he could give us names of some of the children as well as tag numbers of the cars, that we would follow up. Max Bacon also said he would get in touch with the Quarles family to be sure they are aware of this problem and let them know the seriousness of it. Discussion of Rezoning Approved 10/18/82: Hiram S. Cochran stated he was the owner of 19.730 acres on Spring Road in Land Lots 846, 845, 811 and 810. Before he acquired the property, Charles Sheron with Sheron Industries, Inc. contracted to buy the property and made application for rezoning without the permission or knowledge of the owners at that time. The City acted on the rezoning on October 18, 1982 and rezoned it from Neighborhood Shopping to RM-12 at Mr. Sheron's request. Mr. Cochran said when Mr. Sheron asked the City to approve the rezoning, Mr. Sheron's option to purchase the property had actually expired. Mr. Cochran said he would like to clarify the zoning and believes it was incorrectly applied for. Mr. Cochran said he would like to develop the property under the Neighborhood Shopping classification. Attorney Camp said at the time council acted on the zoning request, we did not know that Mr. Sheron was not the owner of the property, and you cannot apply for rezoning on property that you do not own. Mr. Cochran is asking council to correct the minutes of October 18, 1982 or he could take some form of legal action and let the court have the minutes corrected. After further discussion, Mr. Cochran was sworn in by Mr. Camp. Mr. Cochran stated that he does now own the property in question and to his knowledge, Sheron Industries never held title to it. Further, he purchased the property from the previous owner who was not Charles Sheron or Sheron Industries. Bob Davis then made a motion the minutes of October 18, 1982 be corrected to declare the zoning null and void and the property to revert back to the Neighborhood Shopping Classification since the application was invalid due to the fact that the owner did not sign the application. Max Bacon seconded the motion which carried 6-0. Annexation: Hugh Ragan made a motion that 9.467 acres in Land Lot 329 be annexed into the City to become a part of Ward 7, the legal description having been read and made a part of. the minutes of the May 6, 1985 meeting. This property fronts and Cooper Lake and Civitania Road and is currently zoned Residential. Max Bacon seconded the motion which carried 6-0. Privilege License: Young Sik Hahm requested a license for wine package sales at 777 Food Store, 1649 Windy Hill Road. There was no opposition. Mr. Hahm said he presently sells packaged beer and would like to be able to sell wine also and has been at this location since 1981. Bob Davis said the police investigation was favorable and made a motion the license be approved. Max Bacon seconded the motion which carried 6-0. Residential Business License: Dave and Ruth Scott requested a residential business license for Affordable Mortgage & Financial Service, 2016 Spring Road. Mrs. Scott was present and stated she wanted to have a telephone at her home to handle calls when she was away from the office, which is in College Park. She would not have customers coming into her home and would not advertise the home as a business, but would like to advertise the telephone number. Jim Hawkins said he did not' June 3, 1985 - Continued think they actually needed a business license for that reason. After discussion, Bob Davis made a motion the license be denied. Jack Shinall seconded the motion/ which carried 6-0. Variance: B. J. Hatcher requested a variance on reduction of lot size for an addition to the existing building at 2885 Atlanta Road. Mr. Hatcher said the lot contains 17,393 square feet and our General Commercial zoning classification requires 20,000 minimum. Plans of the proposed addition were presented to council and Mr. Hatcher said if Atlanta Road was widened, the existing structure would be torn down and he would still have adequate room for the required number of parking spaces and to meet setback requirements. James Williams read a letter from Mike Hutchinson stating that the proposed addition would have no effect on the Atlanta Road widening. Mr. Hatcher also stated this building would be for his own business and they would not be leasing or renting any of the space. James Williams made a motion the variance be approved. Jack Shinall seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) Lincoln Property requested a building permit for interior renovation at 2400 Lake Park Drive at a total estimated cost of $17,000. Hugh Ragan made a motion the building permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. 2) Trammell Crow requested a building permit for interior finish at 1900 Lake Park Drive at a total estimated cost of $30,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the moiton which carried 6-0. 3) Cobb County Board of Education requested a building permit for renovation at Campbell High School at a total estimated cost of $89,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. 4) C. J. Fouts requested a building permit for construction of a pre-fab metal -building at 4380 Nowlin Drive at a total estimated cost of $60,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. Approval of Minutes: Max Bacon made a motion the minutes of May 6, 1985 be approved as submitted. James Williams seconded the motion which carried 6-0. Hugh Ragan made a motion the minutes of May 20, 1985 be approved as submitted. Max Bacon seconded the motion which carried 6-0. Bid Award: James Williams said bids for Phase II of the water rehabilitation were opened and tabulated by Welker & Associates. There were 7 bids received and James made a motion the low bid of $480,831 be awarded to J. E. Lovern Construction Company. Max Bacon seconded the motion which carried 6-0. Approval of Ordinance: Hugh Ragan said the City now has its first motel, the Knights Inn, with another hotel under construction. Most cities and counties tax motels as another source of revenue and the Marietta and Cobb County rate is currently 3 percent. Hugh made a motion an ordinance be adopted to impose, levy and collect a 3 percent excise tax on our hotels and motels and that the City Clerk be authorized to administer the program, to become effective July 1, 1985. Jack Shinall seconded the motion which carried 6-0. Approval of Ordinance: Jack Shinall stated that each council member had been given a copy of the proposed ordinance creating the position of City Administrator. Jack made a motion that Division III of the Code of Ordinances be deleted in its entirety and replaced with the new Division III, creating the positon of City Administrator. James Williams seconded the motion which carried 6-0. Hugh Ragan expressed his appreciaiton to the Finance Committee for the hard work that went, into this. Moratorium - Residential Business Licenses: Kathy Brooks said recently had is the quite a number of requests for residential business licenses and losing money on them. Kathy said she would like for her committee to possibility of changing the requirements for these licenses and also to we have the City look into consider June 3, 1985 - Continued reviewing them at the end of each year before they are renewed. Kathy Brooks made a motion a 60 day moratorium be placed on residential business licenses, effective tomorrow morning. Hugh Ragan seconded the motion which carried 6-0. Moratorium - Multi -Family Zonings: Max Bacon said Hensley Schmidt had completed the study on multi -family zonings but they have only been able to meet briefly with the Planning and Zoning Board to review it. Max made a motion the moratorium on multi -family zonings be extended to the first meeting in August. James Williams seconded the motion which carried 6-0. Committee Reports: (Library) Doris Morris reported on library activities. Bob Davis welcomed John Davis to the Civil Service Board. (Streets) Max Bacon said he would like to meet with the Street Committee briefly after the meeting adjourned. (Parks) Sherry Reavis said all 3 pools are now open and reported on other activities in the Parks Department. Jack Shinall made a motion the rules be suspended to allow a motion to appoint the new City Administrator. Hugh Ragan seconded the motion which carried 6-0. Jack said that with the full support of Mayor and Council and through a very diligent search, they had decided on their choice for City Administrator. Jack made a motion that John C. Patterson be appointed, effective July 1, 1985. Mr. Patterson is presently the City Administrator of Conway, S.C. and very qualified for this position. James Williams seconded the motion which carried 6-0. Hugh Ragan also welcomed John Davis to the Civil Service Board. Jim Farley reported on the Emergency Management Department warning system. Attorney Camp said he received word today that our annexations and voting changes under Section 5 of the Voting Rights Act has been approved by the Justice Department and includes everything through March of this year. Jim Hawkins said he wanted to let the people know how very much he appreciated the members of council for the long hours they put in on different projects that are underway. Jim said he thought the City was very fortunate to have John Patterson accept the new position and thought he would do an excellent job for the City. Jim said the elected officials would still be the governing body of this city and they were simply hiring a staff to see that the City is run on a business -like basis. This appointment is to better serve the people. Jim Hawkins reported that Mayor Bacon was back in the hospital due to a temporary setback and wanted him to know that everyone's prayers were with him. With no further business, meeting adjourned at 8:45 p.m. ************************ June 10, 1985 A special called meeting of Mayor and Council was held June 10,' 1985 at Smyrna City Hall. The meeting was called to order at 6:05 p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp; Assistant City Clerk Melinda Dameron, Parks and Recreation Director Sherry Reavis, Eugene Jerrel and other representatives from Executive Golf, Inc. and representatives of the press. The purpose of this meeting was to approve the first amendment to the concession and development agreement between the City of Smyrna and Executive Golf, Inc. for the construction of the golf course at North Smyrna Park. Mr. Camp said that everyone had received a copy of the amendment and knew the contents. Mr. Camp