07-16-1984 Regular Meeting (2)July 9, 1984 - Continued
no soil and sediment control measures taken except for the first 50 to 75 feet �-
down the creek.
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(Public Safety) Jim Hawkins said the Civil Service Board is working on requirements
for hiring a Fire Chief and he hoped they would have a recommendation by the next
meeting so that we can begin testing.
(Finance) James Williams reminded everyone that the 1984/85 Revenue Sharing public
hearing would be held the next meeting.
Max Bacon asked about the status of the Future Land Use dap: Willouise Spivey said
they are finishing up now and should be ready for the first public hearing soon.
Max Bacon said council has talked about raising the fees for variances and he would
like to see it done. Hopefully this may cut down on some of the variance requests
we are receiving. Jim Tolleson said he would also like to give some of them to
the Zoning Board for consideration before coming to Council.
Mayor Bacon read a letter received on July 3rd from the Department of Natural Re-
sources concerning soil and sedimentation control which stated the City has failed
to control erosion in certain areas. Six developers in Smyrna were recently found
to be in violation. As a result of that letter, Mayor Bacon said a meeting was
held with all builders and he felt everything was worked out.
With no further business, meeting adjourned at 9:05 p•m•
July 16, 1984
The regular scheduled meeting of Mayor and Council was held July 16, 1984 at Smyrna
City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer
Mayor Protem Jim Tolleson. All council members were present. Also present was City
Clerk Willouise Spivey, Jim Whitfield representing City Attorney Charles E. Camp,
Assistant Public Works Director Vic Broyles, Acting Fire Chief Hubert Cochran,
Assistant Librarian Monika Myers., Civil Defense Director Jim Farley and representa-
tives of the press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
.
There were no citizens reports.
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Rezoning: Central Glenn, Inc. requested rezoning of property at the corner of
Concord Road and Hollis Street in Land Lot 485 from Limited Commercial and Future
Commercial to Neighborhood Shopping. Mr. Ray Newton represented Central Glenn and
said they would like to construct a building containing approximately 6,000 square
feet for retail sales. They felt this was the highest and best use of the property.
Mr. Newton said he disagreed with the Zoning Board recommendation and felt they
did not deal with the issues at their meeting. The next item on the agenda was
a variance request on the same property and Mr. Newton said his architect had recom-
mended a 20 foot rear yard setback instead of -the 30 feet required by our ordinance.
They would like to have the reduced setback approved, but could still develop the
property with the 30 foot setback. Mr. Newton said there is already retail sales
on Concord Road and the trend has already been established.
There was one person in the audience in opposition, but did not wish to speak.
Following a question from Jim Hawkins, Mr. Newton said they would have 5 or 6 stores
in the shopping center for rent and they did not want to be limited on the use
of the property; he felt the Limited Commercial category was too restrictive. Jim
Hawkins said he had some problem with 5 or 6 stores with the size of the lot and
the traffic was terrible now.. Also, Hollis Street is a residential street and the
plans were showing an exit onto Hollis. Mr. Newton said he was completely surrounded
by commercial property including the property to the north. Jim Hawkins said if
it was commercial, he was not aware of it, though there may be some Future Commer-
cial on Dell Avenue.
Jack Shinall said he felt the present Limited Commercial zoning was very good and
not restrictive and felt Mr. Newton would not be denied the use of the property
by denying the zoning. After further discussion, Jim Hawkins made a motion the
July 16, 1984 - Continued
zoning be denied and the minutes of the Planning. and Zoning Board meeting be made
a part of this meeting. James Williams seconded the motion which carried 6-0.
The variance request by Ray Newton was not heard due to the zoning denial.
Public Hearing -Revenue Sharing: James Williams said this was a public hearing
for the 1984/85 Revenue Sharing budget and read a list by department of the projec-
ted expenditures totaling the $180,760 allocated. Sue Brissey said she thought
the $25,000 approved for Parks and Recreation was too high and thought the money
could be better used by the Street Department to help clean up the City. Jim
Tolleson said the money has to be spent for equipment, and not salaries. James
Williams made a motion the Revenue Sharing budget be approved' -as submitted. Max
Bacon seconded the motion which carried 6-0.
Variance: Charles B. Miller requested a variance on the proposed new construction
of a shopping center at the intersection of Spring Road and Atlanta Street. Mr.
Miller said the variance was requested to extend them the highest and best use
of the land. This is a 1.4 acre tract to be developed into 8 to 10 specialty retail
stores. They were requesting a 12 foot setback from the Atlanta Street side or
approval to build within 40 feet on the Spring Street side. In addition, they were
asking approval for their driveway on the Atlanta Street side to cross Atlanta
Terrace, a dedicated un-opened street. Mr. Miller said they would prefer the var-
iance on the Atlanta Street side. Their property line is actually 75 feet from
{ Atlanta Street and would have plenty of room for future widening. This plan was
preferred because it would allow most of the parking on the Spring Street side.
Mr. Miller said the Department of Transportation has already verbally approved
a curb cut on each side. The other alternative is to reduce the setback on Spring
Street side from 50 feet to 40 feet and not as desirable because most of the parking
would be behind the stores.
Max Bacon asked Mr. Miller how it would affect the development if the variances
were denied and Mr. Miller said it would place a heavy burden on them. Jack Shinall
said he had a serious problem with a shopping center at that location and was sur-
prised that it was already zoned Neighborhood Shopping. The traffic is very bad
now and if Atlanta Road is widened it will take a majority of Atlanta Terrace.
Gary Eplin also spoke and said he was the broker and Mr. Miller strictly a develop-
er and assured council that they would develop this property. The center will be
similar to another shopping center they built in DeKalb County and said the small
specialty stores they build are not traffic generators.
Hugh Ragan said the City Attorney had stated there may be some legal problems later
on with the road widening if council granted a variance to cross Atlanta Terrace.
After further discussion, Max Bacon made a motion the variances be denied. Hugh
Ragan seconded the motion which carried 6-0.
Commercial Building Permits: Bethel Baptist Church on Spring Road requested a
building permit to complete the third floor -of their building 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. Jim Hawkins seconded the motion which carried
6-0.
Request for Bids: Jack Shinall made a motion bids be requested for four (4) 1985
model pickup trucks to be opened the first meeting in August. One truck is for
Inspections, one for the Fire Department and two for Parks and Recreation. Jim
Hawkins seconded the motion which carried 6-0.
Request for Bids: Vic Broyles said that for several years, the Water Department
has requested approval to purchase a sewer jet machine. This equipment is rented
when needed and the charge is $75 per hour with a minimum of 3 hours. The machine
is needed to keep our sewer lines cleaned and updated.. Max Bacon made a motion
bids be requested to be opened August 6, 1984. James Williams seconded the motion
which -carried 6-0.
Request for Bids: Vic Broyles stated the water line on Atlanta Road has been raised
and lowered so many times, it needs to be replaced. This is approximately 300 feet
of 8" line and the job too big for city crews to handle. Mr. Broyles said he would
_.� also like the bids to be opened at a special meeting to avoid further delay. Max
Bacon made a motion bids be requested to be opened at a special called meeting
on July 23, 1984. Jim Hawkins seconded the motion. Mr. Broyles also said that Atlan-
ta Road Body Shop would share in the expense of installing this line. Vote on the
motion carried 6-0.
July 16, 1984 - Continued
Request for Bids: Jim Hawkins said the Public Safety Committee had recommended
that bids be requested for a new antenna tower to improve the police, fire and r
public works communications. Jim Hawkins made a motion bids be requested, to be'
opened the last meeting in August. James Williams seconded the.motion which carried
6-0. r
Max Bacon made a motion that 275 obsolete garbage containers be declared surplus.
Vic Broyles said the containers would be crushed and sold for scrap metal. Hugh
Ragan seconded the motion which carried 6-0. . 1,
Approval to Settle Claim: Jim Whitfield representing City Attorney Charles Camp
said he was asking for approval from council tonight to complete the settlement
negotiation's •with,;McIntosh- Paving Company (Prime Constructors); the contractor
for the paving and widening of Pasadena Boulevard. Mr.,Whitfield said litigations
have gone on for quite a few months and several meetings have been held to reach
some common ground. Terms of settlement are outlined in an earlier letter which
basically is the retainage amount in the contract and cost overrun due to the delay
in completing the project. Mr. Whitfield said that basically, the City Attorney's
position is to recommend settlement. Jim Hawkins made a motion the settlement be
approved. James Williams seconded the motion which carried 6-0. Jim Hawkins stated
that the City will attempt to regain a portion of this money from Cobb County.
Kathy Brooks read a petition presented to her from residents of Old Spring Road
and Ventura Road requesting that the creek in that area be cleaned and dredged.
Kathy said there were 36 names on the petition, and they all live along the creek.
Kathy said she would turn this over to Vic Broyles for him to determine the cost.
Max Bacon said he had received a petition and several complaints from residents
in Creatwood Subdivision about additional traffic from Vinings North Subdivision.
Max made a motion approval be given to install a stop sign at the intersection
of Mohawk Place and Shawnee Trail. James Williams seconded the motion which carried
6-0.
Approval of Condemnation: Hugh Ragan made a motion the City Attorney be authorized
to proceed with the condemnation of property belonging to Rosanna M. & Angelo Masi
and Robert B. McDonald for the purpose of installing a sewer line as was discussed
at the last meeting. Jack Shinall seconded the motion which carried 6-0.
Committee Reports: Hugh Ragan said at the last meeting there was some discussion
about erosion and sedimentation control in the City. Several sites were found in
violation and since then we have tightened up because if we don't, the State will
do it for us, but there are still some developers who do not want to comply. Hugh
said we do not have a choice about this matter and read a few excerpts from a letter
written today to the developers, and said they were going to force us to issue
stop work orders if they do not comply and the City is about ready to issue some t
now.
(Library) Monika Myers reported on library activities, in the absence of Doris
Morris. Kathy also stated that 63 people registered to vote today at the library.
Kathy Brooks also stated that Domino's Pizza had placed signs on utility poles
throughout the City and noticed four on her way to City Hall tonight.
Jack Shinall said the individual who owns the business just north of the corner
of South Cobb Drive and Bank Street. decided he would have some grading done around
his property also. He is in violation of five different ordinances and the owner
firmly stated he did not know he had to get a permit. Today a letter was hand
delivered to him outlining the violations and Jack said he thought this was an
example of the steps that would have to be taken to enforce our erosion and
sedimentation ordinance.
(Parks) Jack Shinall said the Smyrna Parks and Recreation Department is hosting
the Red Cross Swim -A -Cross July 21st. This is a fund raising event for the Red
Cross and last year our staff was the number one fund raiser for the Atlanta area.
Jack Shinall stated the Pony League is beginning tournament play tonight at Cobb
Park and Sanford Place will be blocked for one week.
(Fire) Jim Hawkins said the pumper truck has been temporarily repaired and can
now be used. Jim said he appreciated the efforts of our Fire Department and this
truck will be used as a backup vehicle.
July 16, 1984 - Continued
(Water) Max Bacon said at the last meeting, a citizen from Stephens Street com-
plained of low water pressure. Max read a letter from Vic Broyles stating the low
pressure is being caused 'from a dead end line and when repaired, will eliminate
the problem for all parties concerned. Cost of repairing the line would be $350.
Max Bacon said that some while back, council approved no parking signs on Lee Street
and they have helped some. However, there is still a problem with parking on Lee
Street from Quarles Avenue to Concord Road. Max Bacon made a motion the rules be
suspended. Jim Hawkins seconded the motion'which carried �6-0. Max Bacon then made
a motion that no parking signs be placed on Lee Street from Quarles Avenue to Con-
cord Road. Jim Hawkins seconded the motion which carried 6-0.
Jim Hawkins said' he had 'instructed the City Marshal' td,check:!the'- psychiatric office
on the corner of Concord and Lee Street and felt that may be some of the problem.
There is an open driveway on Lee Street and this property was zoned with the
stipulation that the driveway not be used for customer entry or exit.
Jim Tolleson said that Mayor Bacon is feeling better, but had asked him to sit
in for him tonight.
Jim Tolleson asked Chief Little about the radar use on weekends. Chief Little said
he did not know if they were working this weekend or not; he would look into it.
Jim Tolleson said he had noticed the tennis court lights were staying on late at
night and there were timers on them. He asked Jack Shinall to remind Sherry Reavis
to have this checked.
With no further business, meeting adjourned at 9:06 p.m.
July 23, 1984
A special called meeting of Mayor and Council was held July 23, 1984 at Smyrna
City Hall. The meeting was called to order by presiding officer Mayor Arthur T.
Bacon at 5:30 o'clock p.m. All council members were present except Hugh Ragan.
Also present was City Clerk Willouise Spivey.
Bid Opening: Bids for the replacement of an 8" water line on Atlanta Road were
opened and recorded as follows:
1) J. E. Lovern $12,900
2) D&H Construction $16,750 + $50 per cu. yd. for rock excavation
After discussion, Max Bacon made a motion the bids be rejected due to the high
cost. Jack Shinall seconded the motion which carried 6-0. The City will install
the line and pay from the E&C Fund. Dempsey Mosley, owner of Atlanta Road Body
Shop will pay for the pipe and fittings.
Hugh Ragan arrived at the meeting late.
Variance: S. M. Landress requested approval of a variance at 4130 West Cooper
Lake Drive on the side yard setback. The setback violation was discovered at the
time of final survey and the encroachment less than one foot. Hugh Ragan made a
motion the variance be approved and the builder, Buel Johns, be fined $100 for
the violation. Jim Hawkins seconded the motion which carried 7-0.
Meeting adjourned at 5:53 p.m.
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