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08-06-1994 Regular MeetingAugust 6, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 6, 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 Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Kittle, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry, Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director, Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by Kathy Brooks, followed by, the pledge to the flag. Jim Tolleson said that Mayor and Mrs. Bacon were in Alabama on vacation and intro- duced Don Jones, State Court Judge candidate. Citizens Reports: R. D. Wilson of Flagler Circle complained of an error on his water bill. Tom Gibson with Smyrna Athletic Association requested a parade permit for opening ceremonies on August 18th. Mr. Gibson was asked to give the parade route to Chief Little. Paul Shannonhouse of Falling Water Drive expressed his concern again with the water retention problem from Afton Downs. Mr. Shannonhouse said the dam had been finished � but he was concerned about future safety of his property. The dam was not built i4 to specifications and the banks are eroding and washing away,. Vic Broyles stated the stop work orders for Afton Downs had been lifted after Jim Mallett approved the dam. Mr. Shannonhouse said his concern was the slope of the dam, which is not adequate, and was at a 45' angle. Also, a portion of the dam is on his land. He has a considerable amount of money invested in his home and wanted some assurance from council that something would be done to.prevent future flooding. After further discussion, Jim Tolleson asked Vic to meet with Jim Mallett at Mr. Shannonhouse's home this week. North Smyrna Park: Jack Shinall said the City realized we would have a problem in providing recreation facilities on the 77 acres given to us by the Department of Interior and we looked for other avenues that would benefit the City and citizens. The property can only be used through a concession agreement and we decided to work toward placing a golf course on the property. We were approached by J. Wayne Nix about building a 9 hole course and also by F. Eugene Jerald about building an 18 hole par 56 course. This use of the property meets the City's on -going ideas to try to make the Parks Department as self-sufficient as possible, and the City will not spend one dime to develop the course. It will be developed completely by the concessionaire. The City will receive revenues in the form of a percentage of the gross, or percentage of gross plus a flat fee. Jack Shinall made a motion the Mayor be authorized to enter into an option for concession agreement with Mr. Jerald for 90 days. During this time they will have to reach an agreement on fees, development-, of the course and construction time and this will be submitted to the Department of Interior prior to any final agreement. Kathy Brooks seconded the motion which carried 6-0. Privilege License: Robin Kim Jackson requested a license for beer package sales at Cobb Center Amoco, 2711 South Cobb Drive. There were several residents from James House Apartments in opposition and Mr. Perry representing the opposition was sworn in with Ms. Jackson. Ms. Jackson said the existing structure would be torn down and they would construct a convenience store with self-service type gasoline operation. Kathy Brooks said the survey indicated the James House apartments within the 200 foot radius and noticed they had not submitted a letter waiving the distance requirement. Ms. Jackson stated her copy of our ordinance says that apartments are not considered as residential. Attorney Camp stated there may be some ambiguity in our ordinance because Section 3-26 says the place of business will not be located within a distance of 200 feet of any lands zoned for any residential classification and the section Ms. Jackson referred to excludes apartments in the definition of a single-family home. Ms. Jackson said she had contacted Mrs. Southern at James House apartments and at first she said she saw nothing wrong with the license. Mr. Perry presented a petition signed by 14 residents of the apartments, opposed to the package license. Mr. Perry said he has lived there for 19 years and they have a good clean operation. They are now bothered by people stopping and drinking in their parking lot late at night and the residents have to clean up the mess. �Mr. Perry also stated that he carries the mortgage on the property and he has filed for foreclosure. August 6, 1984 - Continued Ms. Jackson said she had also talked to the Lutheran church council and they voiced - some of the same reservations that Mr. Perry did; however, she had to maintain an image with Amoco and if she did not, she would lose her lease. She said she would i work with the police department to eliminate any problems they may have. Kathy Brooks asked if they would continue with construction if the license was denied, and Ms. Jackson said she did not know. After further discussion, Kathy, Brooks made a motion the license be denied since the apartments are within the 200 foot distance requirement. Jim Hawkins seconded the motion which carried 6-0. Residential Business License: Kirk Woody requested a residential license for Woody Enterprises, Inc. d/b/a General Lawn Care at'2976 King Street. Mr. Woody said he has lived at this address for 2 years and prior to that, operated his business'from his home at Foxmoor Apartments for 5 years. When they moved, he mailed his license in and it was returned to him at the new address. He was not aware of .the require- ments for getting a license in a residential area. Mr. Woody said he kept his equip- ment locked in a building in the back yard and his trucks are parked in the yard beside the storage building. They, are now in the process of trying to move the bus- iness to a site on Concord Road and have made application for rezoning at the new location. Jim Hawkins said he has talked to Mr. Woody and some of the neighbors and what he said about the way, he received his license is correct. Mr. Hawkins said he could not speak for council at the time the rezoning is heard, but felt he was trying to work in the right direction. Mr. Woody, said his brother and two other people work for him full time. They park their vehicles in his driveway after they a load the equipment and leave for the day. Max Bacon asked how long it would take him to move after acquiring the site on Con- cord Road. Mr. Woody said they were ready to move, but it would be mid -September before the rezoning could be approved. Mr. Woody said he was asking council to ap- prove the license for his home for the time being until they can move to the other site. Jack Shinall asked Mr. Woody, if he stored chemicals at his home. Mr. Woody said he did, but they are licensed by the State. However, they stay locked up and separate from other equipment. Also, they do not purchase anything that is restrictive, such as paroquat. Harold Flynn spoke in opposition and said this business is right in his back yard, and he knew this was against the wishes of the people in the' neighborhood. It is a full blown business and they would like to have the house reverted back to strictly residential. After further discussion, Jim Hawkins made a motion the license be denied and that _ Mr. Woody be given 45 days to relocate his business, seconded by Hugh Ragan. Jacky Shinall said he was still concerned about the storage of chemicals and amended the motion to state that no chemicals will be mixed on the premises. Jim Hawkins seconded the amendment. Vote on the amendment and main motion carried 6-0. Variance: Ben Holt requested a variance to construct a second office building on the lot at 1295 Marston Street. Mr. Holt said the lot extends from Marston to Haw- thorne Street and the existing house is being used as an office. They, would like to construct a 710Q square foot office/warehouse and our ordinance allows only one building per lot. The Fire Marshal, in reviewing his plans, had recommended that the new building not be attached to the existing structure. Mr. Holt said this would be a metal building with stucco siding. The entrance will be from Hawthorne Street with a warehouse entrance on Marston Street. The two buildings will be about 20 feet apart. Mr. Holt said Jim Mallett has already approved the plans with the ex- ception of this request tonight. After further discussion, James Williams made a motion the variance be approved with the understanding that Mr. Holt would not ask for further variances. Motion died for lack of a second and the variance was denied. Variances: James R. Nichols requested two variances for his office at 1246 Concord Road; one for an addition to come within 10 feet of the adjoining residential pro- perty and the other to omit the 10 foot landscaped strip required on Hunter Street. Mr. Nichols had a letter from the adjoining property owner stating he had no objection to the building location. The lot is zoned Limited Commercial and Mr. i Nichols said he is sub -leasing the building and has 9 offices there now. Jim Hawkins read from the minutes of September, 1982 when the property, was rezoned for Travis Gann. At that time there was no discussion about leasing offices or adding any, ad- August 6, 1984 - Continued ditional businesses; it was zoned for one office. Jim said he thought Mr. Nichols 1 actually had a,planned office development which falls under the Office/Distribution 1 zoning and requires a 30,000 square foot lot, which he does not have. Jim said he thought the intent of the law on Limited Commercial is to have one business per lot. Attorney Camp said there` are no restrictions on number of businesses as long as the floor space and number of parking spaces qualify. Mr. Nichols said when he purchased the property and had it surveyed, they, discovered that the City had encroached on his property line along Hunter Street but he agreed to move the stakes and re -describe the property with no concessions by the City, so his lot was originally larger than it is now. Also, he had paid for the material for the City to install a sewer line and storm drains. Mr. Nichols said he needed the 10 foot setback because of the natural water flow on the property and the building has to be placed as shown to not •cover the manhole. Also, there is an abandoned alley between his property and the adjoining property, so he would really be 20 feet from the other line. Mr. Nichols said the other variance to omit the 10 foot landscaped strip is being requested because in the summer, cars from the baseball field park there and it is a nuisance to maintain. In response to a question from council, Mr. Nichols said the new addition would be attached to the existing building by a fixed brick wall. Jim Hawkins made a motion the two variances be denied. Max Bacon seconded the motion which carried 5-1, with James Williams opposed. Jim Tolleson introduced Tom Cauthorn, candidate for Superior Court Judge, and then called for a 5 minute recess. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and recorded as follows: (1) Astor Foods requested a building permit for new construction at Highlands Park at a total estimated cost of $750,000. Hugh Ragan made a motion the permit be approv- ed subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (2) Lake Cumberland Apartments requested a permit for fire damage repair at 2611 Viking Drive at a total estimated cost of $56,000. Jim Hawkins made a motion the permit be approved subject to approval of the City, Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. (3) Wendy's requested a permit for an addition to the building at 238Q South Cobb Drive at a total estimated cost of $50,000. Kathy Brooks 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. (4) Foxmoor Apartments at 1119 Medlin Street requested a building permit for fire damage repair at an estimated cost of $14,000. Jim Hawkins 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. Bid Opening: Bids for installation of the Stephens Street sewer line were opened read, and recorded as follows: (1) D&H Construction Company, $93,856.00 total (2) American Constructors, Inc. $106,427.50 total (3) Ivie & Associates - $114,317.00 total (4) Lovern Construction $88,427.50 total Max Bacon made a motion the bids be turned over to the Water & Sewer Committee and Jim Mallett with authority to accept the low bid. Jack Shinall- seconded the motion which carried 6-0. 1 Bid Opening: Only, one bid was received on the four (4) 1985 model pickup trucks which was opened, read and recorded as follows: Wade Ford $8,696 each on 1984 models (1985 not available) $607 less each with 306 engines August 6, 1984 - Continued Jack Shinall made a motion the bid be rejected and new bids be sent out to be opened the next meeting, with some changes in specifications to include 1984 and 1985 models. Max Bacon seconded the motion which carried 6-0. Bid Opening: Bids for a Myers MHV7 sewer cleaner were opened, read and recorded as follows: (1) W. W. Williams Company $45,744.75 - 56-60 day delivery (2) Manning Equipment $45,583.00 - 180 day delivery (3) Enviroquip $44,743.28 - 90-120 day delivery Max Bacon made a motion the bids be turned over to the Water and Sewer Committee with their recommendation back to full council at the next meeting. Jim Hawkins seconded the motion which carried 6-0. Ordinance_ Approval: Max Bacon made a motion an ordinance be approved to establish the Clean City Commission (copy to be made a part of these minutes). Max said this ordinance will also change the terms of office for members already appointed and we are in the process of hiring a Coordinator which will be a salaried position. Jim Hawkins seconded the motion which carried 6-0. CDBG Program: Jim Hawkins made a motion the Mayor be authorized to sign the new contract under the Community Development Block Grant program. Hugh Ragan seconded the motion which carried 6-0. DUI Task Force: Jim Hawkins made a motion that $29,500 be approved for the City to continue in the DUI Task Force, which is already a budgeted item. James Williams seconded the motion which carried 6-0. Conveyance Deed: James Williams made a motion that the old city well on North Avenue be deeded to Mr. & Mrs. Wolff, owners of the adjacent property with the understanding that they will be responsible for all legal fees involved. Jim Hawkins seconded the motion which carried 6-0. Approval of Minutes: Jack Shinall made a motion the minutes of July 9, 1984 be approved as submitted. Kathy Brooks seconded the motion which carried 6-0. James Williams made a motion the minutes of July 16, 1984 be approved as submitted. Jim Hawkins seconded the motion which carried 6-Q. Committee Reports: Max Bacon said we are still receiving complaints about the Domino Pizza delivery cars and asked Chief Kittle to contact the managers of the two loca- tions to arrange a meeting with them and Mayor and Council. (Parks) Jack Shinall said the City would be hosting the State swim meet again this year beginning August 9th. Sherry Reavis said this was the State Swim and Diving Championship and invited everyone to attend. Jack Shinall said last Monday night there was a good meeting with .some of the bus- inesses on South Cobb Drive and the Police Department. There was a good exchange of ideas to take care of some of the problems they, have had. (Library) Doris Morris said there were 332 participants in the Summer Reading Pro- gram and announced the contest winners. Hugh Ragan said he had received a large number of complaints about speeding and people running through red lights after they change. Hugh asked everyone to please be mindful of the dangers they were creating and asked Chief Kittle to have his men write tickets if necessary to those guilty. (Inspections) Hugh Ragan said that as of July this year, the City, has issued build- ing permits totaling $55,935,855 in construction. The City is growing and we have something to be proud of. Jim Tolleson read a statement concerning discrimination against the handicapped and said the City is in the middle of a self -evaluation program to ensure compliance ' with Federal regulations. R. K. O'Hara has been appointed to head the program and employees from each department have also been appointed to determine the needs for their respective departments. I/ N 1, I GEORGIA ASSOCIATED SERVICES, INC. A SUBSIDIARY OF GEORGIA FEDERAL BANK. FSB 20 MARIETTA STREET N.W., ATLANTA, GEORGIA 30303 • 404/588-2426 GEORGE W. BRYAN PRESIDENT August 24, 1984 City of Smyrna c/o Mayor Arthur Bacon Smyrna, Georgia RE: Mill Pond Road Charles J. Jones, Inc. Dear Sirs: This letter is written in connection with the acceptance of Mill Pond Road by the City of Smyrna as a public road. It is understood, accepted, and agreed upon that for a period of two years from the date hereof, or until all of the condominium construction projects fronting on Mill Pond Road shall have been completed, whichever date occurs first, Charles J. Jones, Inc. will: (1) cause Mill Pond Road to be repaired from time to time as may become necessary on account of the operation of construction vehicles thereon or otherwise; and (2) cause Mill Pond Road to be resurfaced, so as to restore it to as good condition as exists on the date hereof, upon the expiration of the aforesaid period of time. Georgia Associated Services, Inc. has designated, and will retain, sufficient funds in its accounts with Charles J. Jones, Inc. to pay for all the foregoing road repair and resurfacing. 'We appreciate the City's cooperation in this matter. Yours very truly, George . Bryan Acknowledged and Agreed: Charle J es Inc. By: (Charles Vy Jones, President) GWB:es August 6, 1984 - Continued Announcements: CMA Quarterly meeting August 9, 1984 at Smyrna City Hall. Next Coun- cil meeting August 20, 1984. With no further business, meeting adjourned at 9:29 p.m. August 20, 1984 The regular scheduled meeting of Mayor and Council was held August 20, 1984 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 Clerk Willouise Spivey,, City, Attorney, Charles E. Camp, Police Chief R. E. Kittle, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley,, Assistant City, Clerk Melinda Hiatt, Building Inspector Larry, Dunn, Librarian Doris Morris and representatives of the press. Invocation was given by Hugh Ragan followed by, the pledge to the flag. Mayor Bacon recognized John Davidson, candidate for Board of Education and Frank Johnson, State Representative. Citizens Reports: Walt Hendry, read a letter addressed to the City Council requesting the resignation of Mayor Bacon due to his continuing unfortunate illness. The letter also requested that the City contact the election commission and arrange for a special mayoral election to possibly be placed on the November 4th General Election ballot. Mr. Hendry, stated that Mayor Bacon had been absent for 6 months or more from his duties. He also asked if the Charter specified a certain length of time the Mayor Protem could preside in the absence of the Mayor. Jim Tolleson said that the City, has been running smoothly; checks have been signed, warrants have been signed, and the day, to day, problems have been taken care of. Attorney Camp said the Mayor Protem can be active as long as necessary. James Williams told Mr. Hendry, he felt he should have given the Mayor the courtesy of contacting him personally, about this matter before making a big issue out of it. Frank Johnson spoke and said Mayor Bacon was a gentleman of honor and dignity. He had the misfortune of having surgery, with the possibility, of losing his life and his recovery, time was extended because of his wife's illness also. He is strong in spirit and pride and would have been back much sooner but it took him a little longer because of Dorothy's extended illness. However, he did not stay away. He was here practically every day from the time he came home from the hospital and did have to miss a few meetings, but he knew they were in good hands. Mr. Johnson said he thought it was a shame that a petty fight would lead to the turmoil here tonight. Following Mr. Johnson's comments, the entire audience gave Mayor Bacon a standing ovation. Rick Halpern said that Belmont Hills Shopping Center would be celebrating its 30th anniversary on September 29th and requested approval to hang a banner on Cherokee Road and also one on Atlanta Road at the intersection for 10 days, to advertise the celebration. Jack Shinall made a motion the rules be suspended. Max Bacon seconded the motion which carried 7-0. Jack Shinall made a motion the two banners be approved for 10 days. Max Bacon seconded t'h6 motion which carried 7-0. Debbie Seidel with Atlanta Ski Club requested a permit to hold a 10 kilometer road race on November 3rd, in conjunction with the ski and leisure show at Cumberland Mall the same weekend, from 8:00 a.m. to 9:15 a.m. Chief Little said that only a portion of the route would be in the City and he could handle it with no problem. Jim Moates with Smyrna Jaycees requested approval to hold a bucket brigate on Satur- day August 25th at the intersection of Spring and Hargrove and also Cherokee Road at South Cobb Drive, to benefit Muscular Dystrophy. Chief Little said this would be no problem for his department.