07-01-1985 Regular Meetingi
July 1, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on July 1, 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, City Administrator John Patterson, Police Chief R.
E. Little, Fire Chief Larry Williams, Assistant City Clerk Melinda Dameron,
Parks Superintendent Jimmy Hinson, Public Works Director Vic Broyles, Emergency
Management Director Jim Farley, Civil Engineer Mike Hutchinson, Building Inspector
Scott Stokes, Librarian Doris Morris, and representatives of the press.
,.A- -
Mayor Bacon introduced John Patterson, who gave the invocation and led the
pledge to the flag.
There were no citizens reports.
Hearing - Recorder's Court Appeal: Sharon Burruss appealed the decision of
Recorder's Court of June 13, 1985, where she was found guilty of running a
stop sign and fined $45.00. Mrs. Burruss and arresting officer Gordon Crawford
were sworn in by Attorney Camp. Mrs. Burruss said she received the ticket in
May and pled not guilty when she went before Judge Reeves. Mrs. Burruss said
she came to a full stop at the sign because she saw the police car. Also, she
did not feel she received a fair trial because the judge had very little to
say before he fined her. Mrs. Burruss said there was a car in front of her
which came to a full stop and she also came to a full stop when she approached
the sign.
Mrs. Burruss's daughter Tracy was also sworn in by Attorney Camp and also stated
they did not run the sign; the car came to a full stop before going through
the intersection. During discussion, Hugh Ragan said he was related to Mrs.
Burruss by marriage and would abstain from voting.
Officer Crawford said the Police Department had started extra patrols in the
Creatwood Trail area following complaints from residents there. Officer Crawford
said he was sitting about 75 yards south of Creatwood Trail and Mohawk Trial
when he observed a car approaching the intersection and slow down, and proceed
without stopping. He immediately turned on his blue lights and turned around
and by the time he caught up with the car, she was at the Mackinaw intersection,
where the car was pulled over and given a citation for the offense. Officer
Crawford said he could see the intersection clearly and his view was not obstructed
in any way. Mr. Camp asked Officer Crawford how he determined if a car had
come to a full stop and he stated a complete stop is when all movement on the
car ceases. After further discussion Jim Hawkins made a motion the decision
of Recorder's Court be overturned. Jim said Mrs. Burruss only traveled a few
feet and by the officers own statement, she was barely moving and felt she
should receive the benefit of the doubt. Max Bacon seconded the motion and
said he felt the $45 fine was a little severe for a first offense. Jack Shinall
said he agreed the amount of the fine was a little high but it was hard to
draw the line on the drivers intent in a case like this. Vote on the motion
carried 5-2, with Jack Shinall opposed and Hugh Ragan abstaining.
Privilege License: Bob Davis said he had received a letter from Pickles Deli,
3807 South Cobb Drive today, asking that their application for a beer pouring
license be withdrawn at this time. Bob Davis made a motion approval be given
to withdraw the application. Kathy Brooks seconded the motion which carried
7-0.
Variance: Shell Oil Company requested a variance on front and rear setback
requirements for new construction at 2875 South Cobb Drive. There were several
in opposition and Fred Culbreth with Shell Oil was sworn in with James Newton
representing the oppositon. Mr. Culbreth said they were requesting a variance
from 50 feet to 3 feet on the front setback line for their gas canopy which
will actually be in the same location as the existing canopy. They were originally
asking for variance to the rear for the new building to come approximately
3 feet closer to the property line than the existing one. However, after talking
to the neighbors they felt the additional 3 feet would not be tolerable and
they had agreed to not place the building any closer to the line than the existing
building. Mr. Culbreth said they would, like to remove the old building and
place an attractive pre-engineered building on the site with a 6 foot stockade
fence along the entire rear property line. Also, the lighting will be changed
for the benefit of the adjoining neighbors. Mr. Culbreth said that the two
curb cuts on South Cobb Drive would be reduced to one for safety reasons.
July 1, 1985 - Continued
James Newton of Stonecreek Road represented the opposition and said their main
concern was the creek and the problems they have had with it in the past. When
the Jim Wallace station was built, it was over the line and Mr. Newton said
they were opposed to any variance to the rear. If the building is moved closer
to South Cobb Drive it will give the City more room to dredge without having
to go onto their property. Also, it seemed that this would be a good time to
correct the error made when the existing building was built on the line. Mr.
Camp said that we can't force them to move the existing building back; council
can either grant or deny the variance and if it is denied, they will use the
existing structure. After further discussion, Mr. Culbreth said they may be
able to move the building forward but he would have to do some additional
engineering work before he could give a definite answer. Jack Shinall made
a motion the variance be tabled to the next meeting and also set up a meeting
with Shell Oil and adjoining property owners for July 2nd at 6:00 p.m. Jim
Hawkins seconded the motion which carried 5-2, with Hugh Ragan and Max Bacon
opposed.
At the last meeting a request by Sean Key for approval of a kiosk at two locations
for a Tropical Sno dealership was tabled and Mr. Key was asked to submit plans
of the proposed buildings with the parking area drawn and the location of the
temporary utility poles. Kathy Brooks said the plans were not received and
we have heard nothing from Mr. Key. Jim Hawkins made a motion the request be
denied. Jack Shinall seconded the motion which carried 7-0.
Commercial building permits: Commercial building permits were presented by
Inspector Scott Stokes and recorded as follows:
1) Neal Loia Construction Company requested a building permit for interior
tenant finish at 2401 Lake Park Drive, Suite 230 at a total estimated cost
of $16,000. James Williams made a motion the permit be approved subject to
approval of the Fire Marshal. Jack Shinall seconded the motion which carried
7-0.
2) Moran and Company requested a building permit for .interior tenant finish
at 4400 Highland Parkway, Suite D, at a total estimated cost of $20,000. Jim
Hawkins made a motion the permit be approved subject to approval of the Fire
Marshal. Jack Shinall seconded the motion which carried 7-0.
3) S. A. Carter requested a building permit for remodeling at Carters Antiques,
2782 Atlanta Street, at a total estimated cost of $10,000. James Williams made
a motion the permit be approved subject to approval of the City Engineer and
Fire Marshal. Hugh Ragan seconded the motion which carried 7-0.
4) Tolar Construction Company requested a building permit for new construction
at 5700 Highlands Parkway at a total estimated cost of $500,000. Max Bacon
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Jim Hawkins seconded the motion which carried 7-0.
5) Tolar Construction Company requested a building permit for new construction
at 5500 Highlands Parkway at a total estimated cost of $650,000. Hugh Ragan
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. James Williams seconded the moiton which carried 7-0.
6) Neal Loia Construction Company requested a building permit for tenant finish
at 2401 Lake Park Drive at a total estimated cost of $40,000. Bob Davis made
a motion the permit be approved subject to approval of the Fire Marshal. Hugh
Ragan seconded the motion which carried 7-0.
American Realty Construction requested approval for use of a construction trailer
at Country Park Condominiums at 2300 Spring Road. Bob Davis made a motion the
permit be approved for 12 months. Jim Hawkins seconded the motion which carried
7-0.
Max Bacon said that on October 15, 1984, a variance was approved for Charles
Miller for construction of a shopping center at the intersection of Spring
and Atlanta Road. At that time, he indicated that construction would start
immediately if the variance was approved. Nothing has been done so far, and
it appears that he has no intention of developing the property and we have
also heard that Exxon is purchasing the property. Max said it appears the variance
was obtained under false pretenses and would like to notify Mr. Miller that
a show cause hearing would be held on July 15th to consider rescinding the
variance.
July 1, 1985 - Continued
Also on October 15, 1984, a variance was approved for D'Lites of America for
new construction on South Cobb Drive in front of Kroger Shopping Center and
it also appears that they will not build there. Max Bacon made a motion that
both of these parties be notified of a show cause hearing to be held July 15,
1985 to consider rescinding the two variances. Jack Shinall seconded the motion
for discussion and said that Mr. Miller was specific about what he was going
to do on the property and it appears he has no intention of developing it.
Vote on the motion carried 7-0.
Approval of Minutes: Max Bacon made a motion the minutes of June 3, 10 and
17 be approved as submitted. Jim Hawkins seconded the moiton which carried
7-0.
Commercial Sanitation Increases: James Williams said at the June 17th meeting
council approved a $2.00 increase to residential customers for garbage pickup.
Tonight, he would like to propose an overall 17.25% increase in commercial
accounts, also due to the increase by Cobb County. James also said this would
be an amendment to the contract with BFI that this increase is a substitution
for any other rate increase through December 31, 1987. James Williams made
a motion the increases be approved. Max Bacon seconded the motion which carried
7-0.
Request for Bids: Jim Hawkins made a motion bids be requested to pave the
service road at Ward Park to be opened at the July 15th meeting. Max Bacon
seconded the motion which carried 7-0.
Committee Reports: (Library) Doris Morris reported on library activities.
Max Bacon made a motion the rules be suspended to consider surplusing a piece
of equipment. Jim Hawkins seconded the motion which carried 7-0.
Max Bacon stated the City purchased a curbing machine about 1� years ago and
it has not operated to our satisfaction. The person we bought it from has filed
bankruptcy proceedings and we have gone as far as litigation to try to get
our money back. We have recently had some interest from people who want to
purchase the curber. Max Bacon made a motion the curber be declared surplus
with bids to be returned at the next meeting. Jack Shinall seconded the motion
which carried 7-0. Attorney Camp said the bankruptcy proceedings would stop
all legal action against the company and the city could spend more money in
legal fees than they could recoup.
Max recognized his mother Dorothy, sister Linda Keeney and her children, and
Neely Douglas.
(Water) Jim Belk reported on the sewer rehabilitation program.
James Williams welcomed Mayor Bacon back tonight.
(Parks) Jimmy Hinson reported on parks activities including the 4th of July
activities and the Swim -a -Cross this weekend at King Springs pool.
Jim Hawkins reminded everyone that the DOT would hold a public hearing at City
Hall on July 9th concerning the widening of Atlanta Road.
(Finance) Jack Shinall welcomed John Patterson to the City staff.
Kathy Brooks said that the traffic light on Cherokee Road at Old Spring Road
was knocked down by a truck and asked Vic how long it would take to have it
replaced. Vic said they need to get an accident report to find who was responsible
and he had already contacted A&P Signal Company about a new light; however,
it sometimes takes 6 to 8 weeks for delivery.
Hugh Ragan also welcomed Mayor Bacon back tonight and said the function at
Aunt Fanny's Cabin yesterday was a tremendous testimonial to his popularity.
This was the largest single function in the history of Aunt Fanny's. Hugh also
r welcomed John Patterson.
Hugh Ragan said he had received a letter from the Fire Department Ladies Auxiliary
and they will have a sponge throw at King Springs Park on the 4th of July.
They were inviting members of council to participate, with a special invitation
to John Patterson, Willouise Spivey and Chuck Camp.
July 1, 1985 - Continued
(Fire) Larry Williams said the recent teleconference at the Fire Department
was well represented and reported on other activities in the department.
Mayor Bacon said he certainly appreciated his party yesterday and he would
be trying out his new boat tomorrow.
With no further business, meeting adjourned at 8:55 p.m.
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July 15, 1985
The regular scheduled meeting of Mayor and Council was held July 15, 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, City Administrator
John Patterson, Police Chief R. E. Little, Fire Chief Larry Williams, Assistant
City Clerk Melinda Dameron, Parks and Recreation Director Sherry Reavis, Public
Works Director Vic Broyles, Emergency Management Director Jim Farley, Civil
Engineer Mike Hutchinson, Building Inspector Scott Stokes, Librarian Doris
Morris, and representatives of the press.
Invocation was given by Max Bacon followed by the pledge to the flag.
Citizens Reports: Kathy Hause represented the postal workers of Smyrna and
requested permission to hold a road block on July 20 and 21 to collect money
for Muscular Dystrophy. Mayor Bacon advised Ms. Hause to contact Chief Little
regarding their exact plans.
Mayor Bacon said his illness had been diagnosed in March this year and he realized
that when you are sick you may have a bad outlook on life. Mayor Bacon said
he would like to apologize if he had embarrassed or insulted anyone and was
happy to report that the cancer had been arrested.
Variance: Shell Oil Company requested a variance on front and rear setbacks
for new construction at 2875 South Cobb Drive. Fred Culbreth representing Shell
Oil and James Newton representing the opposition were sworn in by Attorney
Camp. Jack Shinall said he had met on the site with Mr. Culbreth and several
of the homeowners. At that time, Mr. Culbreth agreed to move the building forward
6 feet but there were some other concerns of the neighbors. Mr. Culbreth said
Shell was requesting the front setback be reduced from 50 feet to 3 feet and
also to reduce the rear setback from 50 to 30 feet. The request was tabled
on June 17th and also on July 1st because the opposition felt the building
was still too close to the rear property line. He had met with the neighbors
on July 2nd, and by sacrificing square footage and marketing space, met their
request to move the building 6 feet further away from the rear property line.
Mr. Culbreth said they now want a 12 foot screen fence along the rear of the
building, and Shell Oil felt the additional request was excessive.
James Newton said at the first meeting, Mr. Culbreth had agreed to leave the
existing buffer as is and there had been very little communication since then.
They were unanimously opposed to any variance at this time, because of the
continuing problems they have had with the creek and would like for them to
live up to their promise to not disturb the buffer. Mr. Newton requested that
the variance request be denied, and if they want to build, they could buy a
portion of their adjoining property and let them worry about the problems with
the creek. Mr. Newton said they have spent years hauling in dirt and replanting
trees to try and correct the problem.
Mr. Culbreth said he stood by his statement that
because he would be moving the entire building
They had also planned extensive landscaping to
to dredge or relocate the creek; it will remain
were asking to vary from 50 feet to 30 feet c
asking for an 11 foot encroachment to construct
enhance the property.
the buffer would not be touched
forward an additional 6 feet.
the property and didn't plan
as it is now. Originally, they
z the rear, but now were only
building that would definitely