06-17-1985 Regular Meeting (2)June 10, 1985 - Continued
said that basically, the amendment changes the amount of money received by the
City, number of years and the right of first refusal for the first 5 years.
One of the representatives of Executive Golf stated they have applied to the Cobb
County Industrial Authority for approval of issuance of revenue bonds to finance
construction. If approved, the Industrial Authority will actually hold the lease
on the property and Executive Golf., Inc. will sub -lease from them. Also, they
would expect to begin construction as soon as a letter of inducement is received
from the Authority, hopefully no later than July 15th.
Hugh Ragan said that last week he had expressed some concern over the extension
of the contract from 35 to 45 years but he did not now have any problems with
the contract and could support it as written. After further discussion, Jim Hawkins
made a motion the first amendment to the concession agreement be approved as sub-
mitted. Max Bacon seconded the motion which carried 7-0.
Max Bacon then made a motion the Mayor be authorized to address a letter to the
Cobb County Industrial Authority supporting the need for construction of the golf
course. James Williams seconded the motion which carried 7-0.
With no further business, meeting adjourned at 6:42 p.m.
************************
June 17, 1985
The regular scheduled meeting of Mayor- and Council was held on June 17, 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, Civil Engineer Mike Hutchinson, Assistant
City Clerk Melinda Dameron, Parks Superintendent Jimmy Hinson, Emergency Management
Director Jim Farley, Librarian Doris Morris, Building Inspector Scott Stokes,
and representatives of the press.
Invocation was given by Bob Davis, followed by the pledge to the flag.
Jim Hawkins stated that Mayor Bacon was still not feeling well and could not attend
the meeting tonight. Also, Max Bacon called earlier and said he would not be present
because he was sick and had gone to the doctor- today. 1
Citizens Reports: Duchess Garrard of 2642 Hickory Acres Drive stated her back
yard backs up to the Martha's Vineyard development under construction and said
she has found large staples and glass in her swimming pool from the construction.
She talked to the developer and he said there was nothing he could do because
these are sub -contractors. Also, there seems to be some jurisdictional problem
since the development is in the county and Mrs. Garrard's home is in the city.
Jim Hawkins asked Chief Little to get with the county police and make a joint
trip out to the site. Jack Shinall stated they have also had several other problems
with the development and asked Mike Hutchinson to get with the county building
department to be sure they are in full compliance.
Public Hearing - Revenue Sharing: Jack Shinall said the Revenue Sharing budget
for 1985-86 totals $190,370 and read the proposed list of expenditures by department.
She Brissey questioned the purchase of a car and. truck with landscape equipment
for the Parks Department and said they seem to be constantly buying vehicles.
Sue said she didn't think the City could afford it and hated to see the Parks
Department get bigger than the City. Jack Shinall said the Parks Department operating
budget was reduced by 6% this year and was the only one actually less than 1984-85.
There were no further questions from the audience and Jack Shinall made a motion
the Revenue Sharing budget be approved as presented. James Williams seconded the
motion which carried 5-0.
Approval of 1985-86 Budget: Jack Shinall thanked everyone that worked on the
new budget and said this was a team effort. The total of all funds is $11,073,356
as follows:.
June 17, 1985 - Continued
General Fund $7,511,966
Water- Revenue $3,105,400
E&C $ 166,000
State Grants $ 99,620
Revenue Sharing $ 190,370
The 1985-86 budget also includes adjustments to Police and Fire uniformed personnel
salaries, a 2�% cost of living increase for all employees and Department Head
increases. Also, a $70,000 General Fund Certificate of Deposit will be cashed
and used for police weapons, fire hose and building repairs. The Police and Fire
departments will also receive an increase in uniform allowance. The budget includes
an increase in residential and apartment garbage pickup from $6 to $8 per month.
Sewer- tap and water meter fees will be increased for new construction with a
transfer of. 50% of these revenues to the Water Revenue Fund. The General Fund
budget is based on the same millage rate as last year. The budget also sets aside
money in contingency for further study of employee pay scale that Mr. Patterson
will begin.
James Williams stated the sanitation increase was prompted by the county advising
us that effective June 1, 1985, they would be increasing their- tipping fees to
their customers. James said he would like for a copy of the letter to go to our
customers in the next water billing. In addition, the contract with BFI will
be reviewed and commercial rates will probably be increased soon. James Williams
said the water- meter- and sewer tap increases were substantial, but council felt
they were justified since we are still competitive with the county and other
municipalities. The 50% transfer from E&C to Water Revenue will be used to help
pay off the bonded indebtedness.
Hugh Ragan thanked the Police and Fire department personnel for their patience
while the salary study was being done and also thanked the entire council for
working on this project. Hugh said the entry level for police officexsand firefighters
will be $15,800, effective July 1st. Other salaries were adjusted accordingly
so that each position is competitive, with the remaining increases for patrolmen
and firefighters varying, based on longevity. All Detectives, Corporals and Sergeants
in the Police Department and all Assistant Engineers, Engineers and Lieutenants
in the Fire Department will be given a 5% increase. All Lieutenants and Captains
in the Police Department and all Captains and Assistant Chiefs in the Fire Department
will be given a 2�% increase, also effective July 1st. In addition to these increases,
a 2�% across the board increase is included for all employees. If any of these
employees reach the top out level before they get the maximum raise they are
entitled to, they will be stopped at top out. Hugh also said the City will purchase
leather- and weapons for police officers which will be a one time expenditure.
The clothing allowance for Police will be raised from $200 to $400 and clothing
allowance for Fire will be raised from $150 to $300.
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James Williams said we hope to have something definite for other employees. by
October 1st. After further discussion, Jack Shinall made a motion the 1985-86
budget be approved as presented. James Williams seconded the motion which carried
5-0.
Rezoning: C. J. Fouts requested rezoning of 25.39 acres in Land Lots 333, 388
and 405 from R-20 to R-15. There was no opposition. Mr. Fouts said he would build
48 homes on the property which will sell from $90,000 to $110,000. He will develop
the land but sell lots to quality builders with the plans to be approved by him
prior to construction. Hugh Ragan also pointed out there is one tract on the
plat that is not included in the zoning, containing approximately 2 acres. Hugh
Ragan made a motion the zoning be approved. Kathy Brooks seconded the motion
which carried 5-0.
Rezoning: C. G. Jones requested rezoning of 941 Concord Road from residential
to Limited Commercial. There was no opposition. John Dickson represented Mr.
Jones and said the property would be used for a doctors office. Jim Hawkins said
he would like to have a 4' screen fence erected along the rear property line
as others have been asked to do. Mr. Dickson said he would talk to the buyer
about the fence and also stated that parking would be paved as required by our
ordinance. The Planning and Zoning Board had recommended the zoning be approved
and James Williams made a motion the zoning be approved with a stipulation that
a 4' fence be erected to the rear of the property. Kathy Brooks seconded the
motion which carried 5-0.
Variance: Shell Oil Company requested a variance on the front setback from 50
feet to 3 feet and on the rear setback from 50 feet to 30 feet for new construction
June 17, 1985 - Continued
at 2875 South Cobb Drive. There were 3 in opposition. Fred Culbreth with Shell
Oil said they purchased the property from Jim Wallace and wanted to completely
rebuild at the location and presented pictures of the proposed development. Mr.
Culbreth said the front variance is for the canopy which will be in exactly the
same 'location as the existing canopy. The new building will also be in approximately
the same place as the 'existing one but they would place a 6 foot wooden fence
to the rear of the building. Jack Shinall asked what would happen to the tree
line along the creek to the rear of the property. Mr. Culbreth said that would
not change: Jack said we have had some problems upstream where --the tree line
was destroyed and is causing flooding problems. Mr. Culbreth said if the variances
were not approved they would remodel the existing building and canopy. Jim Hawkins
asked if they would be applying for a beer license and Mr. Culbreth said Shell
normally does apply for a beer package license., ,
James Newton represented the opposition and said the existing building is on
the creek bank now and over the years he has •lost approximately 35 feet of his
property from dredging. When the Jim Wallace station was built he was promised
a 50 foot buffer and 8 foot fence, which he did -nof get, until the City finally
made them put a fence up. David Roughead also spoke and said the station has
always been a sore spot because of trash and debris in the creek. The lights
are also a problem because they are not screened.
Jack Shinall said he thought Shell Oil should meet with the neighbors to see
if they can reach a..compromise and made a motion the variance be tabled to the
first meeting in July. Kathy Brooks seconded the motion which carried 5-0.
Sean Key requested approval to place a kiosk at Belmont Hills Shopping Center
and also at Mr. Donut on Cherokee Road at South Cobb Drive for a Tropical Sno
dealership. Mr. Key said the Tropical Sno is Hawaiian shaved ice and presented
pictures of the building they would be using. The buildings are 8' x 7' and placed
on skids. They are self -continained with water reservoirs and temporary poles
used for electricity. Mr. Key said they now have 3 locations in Cherokee County
and one in Marietta. Following discussion, Jack Shinall made a motion this be
tabled to the next meeting and requested that Mr. Key submit plans of the buildings
with parking spaces and location of the temporary poles drawn in. Kathy Brooks
seconded the motion which carried 5-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Scott Stokes and recorded as follows:
1) Shaheen & Company requested a building permit for new construction at 1600
Wilson Way in Highlands Park at a total estimated cost of $1,157,000. Hugh Ragan
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Jack Shinall seconded the motion which carried 5-0.
2) Shaheen & Company requested a building permit for new construction at 1800
Wilson Way at a total estimated cost of $1,513,000. Hugh Ragan made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Jack Shinall seconded the motion which carried 5-0.
Business License: Sandra Helm Kimble requested a business license for massage
at Clip 'n Curl, 2520 South Cobb Drive. There was no opposition. Ms. Kimble said
she would be working on females only between the hours of 10:00 a.m. to 6:00
p.m. She is employed, and will continue to be employed at Windy Hill Hospital
and this will be a part time job on her off days and afternoons. Bob Davis asked
Ms. Kimble where she received her license. Ms. Kimble said she went to school
in Smyrna on Cherokee Road but the license actually came from Royal Oak, Michigan.
Jack Shinall said the City had no record of ever issuing a business license to
Natural Health Care at the Cherokee Road address. Ms. Kimble said the school
was closed now, but there were probably 15 or 20 other people in class with her.
The school was operated by Mr. L. W. Pogue who was a massage therapist at one
time and he apparently sent her grades to Michigan for her to receive the diploma.
Mr. Pogue was also a chiropractor and naturopath and seemed very knowledgeable.
Ms. Kimble said this was not erotic massage, it is therapeutic to relieve tension,
improve muscle tone in the face, etc. Jack Shinall said there was some question
that the school was legal. It was not licensed by the City in any way and it
appears this was not a certified and authorized school, from all information
we have. After further discussion, Bob Davis made a motion the license be denied.
Jack Shinall seconded the motion which carried 5-0.
Community Development Block Grant: Jack Shinall said the City's allotment under
the 1985-86 block grant is $152,688. Everyone has received a copy of the list
June 17, 1985 Continued
and made a motion the Lake Court, Powder Springs Street and Knoll Road projects
be approved with the tennis court and restroom renovations at Ward Park moved
up to number 4. James Williams seconded the motion which carried 5-0.
Approval of Grant: Kathy Brooks recognized Senator Jim Tolleson and thanked
him for his efforts in obtaining funds from the Governors Emergency -Fund for
pool repairs. Kathy Brooks made a motion the Mayor Protem be authorized to sign
the., necessary documents to accept -a $4,000 grant from the Governors Emergency
Fund for- repairs ..at Jonquil_, Park.• : Jack Shinall seconded the motion. which .carried
5-0. _
Stop Drugs at the Source: Hugh Ragan read .a treaty for. the Mayor to sign in
pledging our support and cooperation in the Stop Drugs at the Source Program
and made a motion it be approved and that Police Chief Little be authorized to
enforce the program through a joint effort 'with the Cobb County Sheriff's Department.
Kathy Brooks seconded the motion which carried°5-0.
Appointment to- -Planning ,& Zoning Board: Jack Shinall made a motion that Paul
Griggs be appointed to the Planning and Zoning Board to fill the unexpired term
of Billie Stephens from Ward, 5. Kathy Brooks seconded the motion which carried
5-0. `
Jack Shinall made a motion the next item on the agenda, discussion to rescind
a variance approved for Charles Miller on October 15, 1984, be tabled to the
next meeting. James Williams seconded the motion which carried 5-0.
Recorders Court Appeal: Jack Shinall made a motion the appeal of the decision
of Recorder's Court by Sharon Burruss be heard July 1, 1985. James Williams seconded
the motion which carried 5-0.
Committee Reports: (Library) Doris Morris stated that magician David Ginn would
be appearing at City Hall on June 26th at 1:30 p.m. for children of all ages.
James Williams thanked Mayor and Council for their cooperation in completing
the budget.
Jack Shinall also said it felt good to get the budget approved with the Administrator
coming in. His first priority will be to review other salaries in the City and
have his recommendations ready by October 1st.
(Fire) Hugh Ragan said the Fire Department now has a ladies auxiliary which
he felt was an excellent idea. They will be primarily working with families that
have special needs. Hugh wished them well and offered his support.
Larry Williams said that on June 19th there would be a hazardous materials training
exercise at the Fairgrounds. Chief Williams also said we have had a problem with
people parking in fire lanes and they will be handing out warning tickets. On
June 25th, the Fire Department will be hosting a live teleconference, and testing
procedures for certification will begin June 26th. Beginning July 2nd, the Fire
Department will be servicing fire hydrants and .they will also be stopping in
on businesses, apartments, etc. gathering information to assist them in case
of fire.
Chief Little thanked the Mayor and Council for their efforts in addressing the
salary situation in his department and for the action they took tonight.
Jim Hawkins said the Department of Transportation will have a public hearing
on July 9th from 4:00 to 7:00 p.m. concerning the widening of Atlanta Road.
Also, we received a letter from the county attorney with a copy of their proposed
new ordinance to ban "happy hours" asking each municipality to review the ordinance
and give their comments and suggestions. The county has had one public hearing
and another is scheduled for June 25th. Jim said he would like for the License
and Permits committee to take this on as a project for consideration of adoption
by the City.
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Announcements: Jonquil Breakfast June 19th; next council meeting July 1, 1985.
With no further business, meeting adjourned at 9:37 p.m.
June 17, 1985 - Continued
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ARTHUR T. BACON, MAYOR
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HUGH RAGANjf WARD 7
WILLOUISE C. SPIVEY, CITY
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MAX BACON, WARD 2
/JAMES M. HAWKINS, WARD 4
KATHY BRO W RD 6
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