07-15-1985 Regular Meeting (2)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.
************************
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
July 15, 1985 - Continued
Jim Hawkins asked if Shell would be applying for a beer package license and
Mr. Culbreth said he could not answer that because he did not know how much
-� square footage they would have available.
After further discussion, Jack Shinall said that both sides have very legitimate
arguments but this is a variance to our ordinance and made a motion the variance
request be denied. Kathy Brooks seconded the motion which carried 7-0.
Show Cause Hearing: Max Bacon said that in October, 1984, a variance was granted
to Mr. Charles Miller for construction of a shopping center at the southeast
corner of Spring & Atlanta Road. To date, construction has not begun and tonight
we have a building permit for Exxon, who purchased the property from Mr. Miller,
who no longer has any interest in it. Max said he has not seen the plans for
Exxon and does not know if they will require the variance. Mr. Miller was not
present and there were no comments from the audience and Max Bacon made a motion
the variance approved October 15, 1984, be rescinded. James Williams seconded
the motion which carried 7-0. In addition to the variance being approved, Max
said there were some additional agreements made between Mr. Miller and the
property owners on Atlanta Terrace.
Jim Hawkins said also on October 15, 1984, a variance on the front setback
requirements was approved for Mr. John Goss representing D'Lites of America.
Jim Hawkins read a letter from Mr. Goss stating that D'Lites of America did
not purchase the property and had no objections to the variance being rescinded.
There were no comments from the audience and Jim Hawkins made a motion the
variance approved October 15, 1984, be rescinded, seconded by Max Bacon. Jim
Hawkins said it also seems that Mr. Goss made application when he should not
have because he did not own the property at the time. Jim said he thought we
should have the property owners present when a variance is being considered.
Vote on the motion carried 7-0.
Rezoning: John Dickson represented Louie M. Biship in his request to rezone
property at 1026 Concord Road from residential to Limited Commercial. There
was no opposition from the audience. Carol Cannon also represented the applicant
and said she had purchased the property and would use it for a catering service.
They will be taking orders by phone and delivering, mostly for weddings. Every-
thing will be special orders, with no retail sales. In response to a question
from Jim Hawkins, Ms. Cannon said she would be agreeable to placing a 4 foot
wooden fence along the rear of the property. Mayor Bacon said the building
inspector would also be inspecting the site to be sure they were in compliance
with our parking requirements. The Planning and Zoning Board had recommended
the zoning be approved and Jim Hawkins made a motion the rezoning be approved
as requested. Max Bacon seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by
Inspector Scott Stokes and recorded as follows:
1) Moran & Company requested a building permit for tenant finish at 4400 Highlands
Parkway at a total estimated cost of $45,000. 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 7-0.
2) Hickory Construction Company requested a building permit to repair fire
damage at Cobb Center Mall, 2600 South Cobb Drive at a total estimated cost
of $45,000. Kathy Brooks 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.
3) Exxon Company U.S.A. requested a building permit for new construction at
1420 Spring Road (at Atlanta Road) at a total estimated cost of $250,000. Max
Bacon made a motion the permit be tabled. Hugh Ragan seconded the motion which
carried 7-0.
Report on Bid Opening: John Patterson said the City purchased a curbing machine
several years ago, which was surplused at the July 1st meeting. Bids were opened
July loth at 2:00 p.m. and we received one bid for $6,500 from South Coast
Enterprises. Mr. Patterson recommended the bid be accepted. Max Bacon made
a motion the bid of $6,500 be accepted from South Coast Enterprises. Jim Hawkins
seconded the moiton which carried 7-0.
Report on Bid Opening: John Patterson stated bids were opened today at 2:00
p.m. to pave the service road at Ward Park. Bid requests were sent to 5 companies
but only .one bid was received from Black Top Paving. There is $6,000 budgeted
July 15, 1985 - Continued
for this work and the total bid was a little over $10,000. Mr. Patterson recommended
that the scope of the project be limited to the portion relating to the SAA
building which is a service road to the north side of the property. The bid
for this portion of the work is $5,877 and Mr. Patterson recommended the bid I
be awarded to Black Top Paving at $5,877. Jim Hawkins made a motion the bid
be;awarded,•seconded by Max Bacon. Vote on the motion carried 7-0.
Max Bacon said everyone was aware of the problem we are having with the Seaboard
Railroad in the Argyle Estates Subdivision. It has been discussed with the
City Attorney and people from the County and we need assistance from the Federal
government. John Patterson said we are probably to the point that we need 'to
monitor the conditions. The EPD and EPA will monitor the smoke and the Federal
Railroad Administration can install a decibel meter to monitor, the noise level
which will also require the cooperation of the residents.' there-. Max,, -.Bacon made
a motion that John Patterson be authorized to contact' the EPA, EPD and Federal
Railroad Administration for their assistance in monitoring these conditions.
Bob Davis seconded the motion which carried 7-0.
Home Occupation Moratorium: Attorney Camp read a proposed amendment to the
Home Occupation Ordinance, by adding the following sections to the existing
ordinance: ,
Resolved, that the following sections of the Home Occupation License ordinance
shall be amended so as to read:
SECTION 505.13
A Home Occupation License is merely a privilege to be granted only under circum-
stances meeting the requirements herein stated in Section 505 and there is
no vested right to such license. Each applicant shall affirmatively show to
the satisfaction of the Mayor and Council: why such license should be granted;
that the grant of such license will not impede or infringe enforcement of the
zoning or other ordinances of the City; that the license will not be used for
any illegal purpose; that a regular business license for the occupation sought
could not otherwise be granted; that licensee has no other regular place of
business or address; that licensee is of good character and has not been convicted
of any crime involving moral turpitude; that denial of such license would create
an undue hardship on the applicant and will not adversely affect the citizens
or property values in the neighborhood; and that the owner of the property
where the license is to be issued does not object or is a party to the application.
SECTION 505.14
Home Occupation Licenses shall be granted on a calendar year basis for one
year only, subject to renewal by Mayor and Council at the first meeting in
February of each calendar year, after review by the license committee. The
license committee of Mayor and Council shall recommend to the full Council
such renewals as may be made without further application, such licenses as
to which further information or re -application should be required and such
licenses which shall not be renewed.
SECTION 505.15
The following events shall be cause for revocation
License, in the manner of other privileged licenses:
of a Home Occupation Business
a) Conducting such activity as creates a nuisance or
b) Violation of any law or ordinance (except for
the City, County, State of Georgia or United States of
c) Making a false statement in connection with the
or hearing in connection with such license.
d) Failure to pay the license fee or any tax or
County, or State of Georgia.
is illegal;
minor traffic offenses) of
America.
application or any document
other fee to the City, Cobb
SECTION 505.16
The fee for a Home Occupation Business License shall be equal to the regular
business license fee in the category most similar to the occupation sought
plus $100.
Kathy Brooks said the fee for a residential license is now $50 and the City
has been losing money as a result. Also, we have had many requests for residential
permits in the past few months. Kathy Brooks made a motion the ordinance amendment
be approved as read. Jim Hawkins -seconded the motion which carried 7-0.
Exchange of Right of way: Attorney Camp said when the City re-routed Village
Parkway and we accepted dedication of a certain portion from the developer there was
July 15, 1985 - Continued
c"
one section of street which was cut off from the old right of way and the new
right of way was moved over several feet, at the end of Turpin Road. The City
has paved that section, but we do not own it nor do we have an easement. The
actual owner discovered we were using property which we do not own. Their proposal
is to trade us the right of way we are now using for another similar piece
.of property that we had left when the right of way was permanently established.
They will give us a quit claim deed this week, after the documents -are executed.
James Williams made a motion a portion of the right of way at the end of Turpin
Road be exchanged and the Mayor be authorized to sign the conveyance deed.
Jim Hawkins seconded the motion which carried 7-0.
Executive Golf, Inc. Tom' Rogers with the law firm of Moore & Rogers represented
Executive Golf, Inc. and stated they were now very close to having their financing
arrangements for .construction of the golf course. They have obtained a letter
of inducement from' the,, Development Authority of Cobb County to issue bonds
in the amount of $1,500,000 to finance. construction but they need Council approval
of an agreement to substitute the Development Authority for the original
Concessionaire, Executive Golf, Inc. Mayor Bacon said he was concerned with
the City's liability in the event Executive Golf should go bankrupt and Chuck
Camp also asked if there was an attornment agreement in the event of any breech.
Following discussion, Jim Hawkins said we have seen nothing in writing and
asked Mr. Rogers to meet with Chuck Camp and John Patterson to finalize their
plans and have something in writing for council to study. Jim also said they
did not want to delay them or cause any undue hardship and we would' have a
special called meeting if necessary to approve their request. Hugh Ragan also
said he would like to see a listing of the differences discussed tonight as
opposed to the original agreement.
Committee Reports: Monika Meyers reported on library activities.
Max Bacon reported on the 4th of July activities held at King Springs Park
and thanked Ridgeview Institute, Smyrna Hospital and the American Legion for
their donations. Max also reminded everyone of the Awards Banquet for the Clean
City Commission this Thursday night.
(Water) James Williams made a motion the rules be suspended to allow a request
for bids for a water line. Max Bacon seconded the motion which carried 7-0.
James Williams stated the City does not have a water line to service the Churchill
Downs Development off Cooper Lake Road. James Williams made a motion bids be
requested to extend the service line to this development, to be opened July
29th. Max Bacon seconded the motion which carried 7-0.
Jim Hawkins also thanked Ridgeview Institute, Smyrna Hospital and the American
Legion for their contributions to the 4th of July festivities and commended
the Parks staff for a good job.
Sherry Reavis reported on upcoming events in the Parks Department.
Kathy Brooks asked about the traffic light on Cherokee Road and Vic said he
had been assured by the county that it would be up first thing tomorrow morning.
Kathy also asked Chief Little to have an extra patrol car available when the
light is back in service.
Kathy Brooks stated the moratorium on home occupation licenses should be lifted
the first meeting in August.
Hugh Ragan read a letter from a citizen commending the Police Department for
their quick response and courtesy when they were recently called. The letter
stated the officers were very kind, considerate and gentle and especially commended
Officers Clack, Lewellyn and dispatacher Lyn Ban.
Hugh Ragan reported that Roland Williams had been elected as chairman of the
Civil Service Board.
(Fire) Chief Williams stated the Smyrna Fire Department is now certified by
the State and a presentation will be made at the next meeting. Also, the Fire
Department delivered 300 gallons of drinking water to residents at Smyrna Towers
today during the water line break.
(Emergency Management) Jim Farley reported that all warning sirens were back
in service.
With no further business, meeting adjourned at 9:58 P.m.
July 15, 1985 - Continued
ARTHUR T. BACON, MAYOR WILLO ISE C. SPIVEY,4ATY CLEIK
B DAVIS, WA MAX ACON, WARD 2
V
;,WARD 3
HUGH
AWKINS, WARD 4
1
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