09-03-1985 Regular MeetingSeptember 3, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on September 3, 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 Administrator John Patterson,
City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City Clerk
Melinda Dameron and representatives of the press.
Jim Hawkins said that Mayor Bacon was not able to be here tonight because he
was not feeling well.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
DEPARTMENT REPORTS: John Patterson stated that in the future as we develop
a good format for monthly reports the department heads will present those, with
3 or 4 at each meeting. Tonight there are no reports to be given.
PUBLIC HEARINGS
(A) Appeal of Recorder's Court decision: Robert P. Watson appealed his August
15, 1985 guilty verdictc,of, dr.iving&,tooffastifor<�c.oriditions.
John Patterson stated that on July 28, 1985, Robert P. Watson was involved in
\ t an accident on Cherokee Road. A witness stated that Mr. Watson passed his car
traveling east on Cherokee Road and that he never applied brakes before striking
a vehicle which crossed his path. Excessive speed by Mr. Watson was a contributing
factor in this accident. He was charged with the accident and was cited for
driving too fast for conditions. He pled not guilty on August 8, 1985 and was
found guilty in Recorder's Court on August 15, 1985. He then filed an appeal
of the decision with the City Clerk. Council set September 3rd as the date his
appeal would be heard. All witnesses have been ordered to attend.
Mr. Watson, arresting officer Samuel Slover and all witnesses were sworn in
by Attorney Camp. Mr. Watson said he felt he was not guilty and his witnesses
were not given the opportunity to speak in court. Also, there was some incorrect
information in the accident report which indicated the point of impact of the
vehicle. Mr. Watson also stated that the driver of the other car did not have
on his head lights nor his turn signal. Mr. Watson said he knew the speed limit
on Cherokee Road and was not going any faster than 40 or 45 miles per hour.
When Mr. Howland's car turned in front of him he applied the brakes but could
not avoid the car.
Donna Chastain and Wanda Gison spoke on Mr. Watson's behalf and stated they
were both passengers in his car and Mr. Watson was not exceeding the speed limit.
Also, neither of them were given an opportunity to speak in court. Both witnesses
also stated that the driver of the other car did not have head lights on or
a turn signal and when he turned left in front of them and there was no way
to avoid the car. They were told in court that if they were not subpoenaed they
could not speak but the officer at the accident took their names and told them
it would be helpful if they would appear in court on Mr. Watson's behalf.
Officer Slover said the summons issued to Mr. Watson was issued in part due
to the evidence at the scene and testimony from witnesses. Mr. Watson stated
at the scene of the accident that he was doing approximately 45 miles per hour
and another witness stated that Mr. Watson had passed his car at a much higher
rate of speed. When he made contact there were no skid marks to indicate that
brakes were applied and the force of the impact turned the other car 180 degrees
clockwise and knocked him off the road. Mr. Watson's car was turned about 90
degrees from the impact. Both witnesses that appeared in court said there was
no application of brakes. Officer Slover said he felt there was no neglect on
the other drivers part and his vehicle was already 75% in the driveway to his
home when he was hit. If Mr. Watson had been driving at a reasonable speed the
accident would not have occurred. Officer Slover said it was his policy to not
subpoena those that have an interest in the case, but advise them to appear
in court.
,< Sherwood Pierce said Mr. Watson's car passed him just before the accident occurred
and witnessed the accident. He did not see any tail lights or brake lights applied
before the impact and also stated that Mr. Watson's car was going over 40 miles
per hour when he passed him.
William Howland was the driver of the other car involved and said he estimated
the speed of Mr. Watson's car at 60 miles per hour. Also, his head lights and
September 3, 1985 - Continued
turn signal were on but he switched them off after the accident occurred.
After further discussion Hugh Ragan made a motion the decision of Recorder's
Court be upheld based on the testimony heard. Jack Shinall seconded the motion
which carried 6-0.
(B) Variance: Union Oil Company requested a 16 foot rear yard variance to
construct a convenience store which they feel is necessary to remain competitive.
John Patterson said that on October 1, 1984, Union Oil requested the same variance
which was tabled to the next meeting until Department of Transportation requirements
could be determined; i.e., eliminating one of the curb cuts and donating additional
right of way. Union Oil requested a further delay to the November 5th meeting,
and the request was eventually withdrawn. Union 76 applied for a 16 foot rear
yard variance on August 6, 1985. The variance would allow for the construction
of a 2,100 square foot convenience store on the site. The company argues that
without this variance they would have to construct a building with 35% less
retail space which would reduce their competitive posture and adversely affect
the economic feasibility of the project. The smaller building would be approximately
1,365 square feet. Amoco, located across Powder Springs Street has an 865 square
foot store. Two considerations that need to be addressed are the closing of
the South Cobb Drive entrance nearest Powder Springs which DOT has requested
and the prohibiton of left turns into the station from Powder Springs Street
by east bound traffic between 4-8 p.m.
N. C. Sloan represented Amoco and there was no opposition. Mr. Sloan presented
pictures of the proposed store and stated the natural buffer would remain
undisturbed. Hugh Ragan asked Mr. Sloan if they could not use the smaller building.
Mr. Sloan said they could, but the reduction in their selling space could mean
the difference in success and failure. Max Bacon and James Williams both stated
the smaller building would still be larger than the Amoco across the street
and did not see where denying the variance could cause them any undue hardship.
After further discussion Kathy Brooks made a motion the variance be denied since
she did not feel an undue hardship would be placed on Union Oil to construct
a smaller building. Hugh Ragan seconded the motion which carried 6-0.
(C) Beer and wine package license: Cobb Center Amoco (Robin Kim Jackson, applicant)
made application to sell beer and wine by the package at the service station/con-
venience store located at the corner of South Cobb Drive and Powder Springs
Street.
John Patterson said this is the second request by Cobb Center Amoco. The first
request was denied on August 6, 1984 due to opposition by the neighbors, primarily
the Lutheran Church and the James House Apartments. Amoco now has the support
from the James House Apartments and the Lutheran Church. The Police Department
has conducted an investigation on Miss Jackson and found no record which would
preclude her from holding the license.
Attorney Roy Barnes represented Miss Jackson and there was no opposition. Mr.
Barnes said the Lutheran Church across the street is within 200 feet from the
station but there is some ambiguity in the City's ordinance concerning distance
requirements from churches. Section 3-26(8) requires 300 feet from the front
door of customer entry to the property line and later in the same paragraph
requires 200 feet from the building to church property line. The James House
Apartments are also located within 200 feet of the location but they have letters
from both waiving the distance requirements. Attorney Camp said the intent of +
the ordinance is that the 300 foot requirement be from front door of customer
entry to the church property line in lineal feet. The 200 feet portion means
that under no circumstances shall the building itself be closer than 200 feet
to the church property line. Jack Shinall said his only concern before was the
fact that there was opposition from the residents at James House Apartments.
Tonight however there is no opposition and the application was properly posted
and advertised. Based on the facts presented tonight the circumstances have
substantially changed from the last application. Jack Shinall made a motion
the license be approved seconded by Kathy Brooks. Hugh Ragan said he could not
support the motion since the church is within 300 feet. Bob Davis also said
he was concerned with the letter from the church waiving the distance requirement
for a license renewal, which was signed by the secretary. John Patterson said he spoke with the pastor and two members of the church council and they indicated
that Amoco did not misreprsesent themselves and understood it would be a new
license. After further discussion Jack Shinall amended the motion to approve
the license subject to a new:.,., letter from the Lutheran Church indicating that they are
September 3, 1985 - Continued
waiving the distance requirements for a new license application. Kathy Brooks
seconded the amendment. Vote on the amendment and main motion carried 5-1, with
Hugh Ragan opposed.
FORMAL BUSINESS
(A) Max Bacon made a motion that Bank Street be closed September 14th from
8:30 a.m. to 6:00 p.m. for the Jonquil City Fall Festival. Bob Davis seconded
the motion which carried 6-0.
(B) Hugh Ragan made a motion that Martha Aiken be reappointed to the Housing
Authority to represent Ward 7. James Williams seconded the motion which carried
6-0.
AWARD OF BID: John Patterson said that specifications were mailed to 8 or 9
firms asking for bids for fire fighting equipment and radio equipment for the
Fire Department. We received 7 bids and all items were broken down by category.
Mr. Patterson recommended that council award the low bid for all items with
the exception of the portable radios. These should be awarded to the local firm
whose total bid price is only $70 more. The portable radios would be awarded
to Miller Communications; the antenna tower and other radio equipment awarded
to Northside Electronics with Harolds Sales and Service to get the bid for most
of the firefighting equipment. Hugh Ragan made a motion the bids be awarded
as recommended. Kathy Brooks sconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS: Commercial building permits were presented by
John Patterson and recorded as follows:
(1) C&S Builders requested a building permit for remodeling at 3903 South Cobb
Drive, Suite 108 .at a total estimated cost of $30,000. James Williams 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.
(2) Smyrna Hospital requested a building permit for construction of a passageway
at a total estimated cost of $25,000. James Williams 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) National Bank of Georgia requested a building permit for remodeling at
2890 Atlanta Road at a total estimated cost of $25,000. 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) The Fountains of Post Village requested a building permit for construction
of 352 units at a total estimated cost of $7,234,000. Bob Davis 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.
(5) The Meadows of Post Village requested a building permit for construction
of 350 apartment units at a total estimated cost of $6,946,650. Bob Davis 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.
Max Bacon recognized Senator Jim Tolleson in the audience.
CONSENT AGENDA: James Williams made a motion the minutes of August 5 & 19
be approved as submitted. Hugh Ragan seconded the motion which carried 6-0.
COUNCIL INPUT:
study and asked
the rough draft.
Jack Shinall said the committee was moving along on the salary
for a Finance Committee meeting tomorrow night at 6:00 to review
Max Bacon said that hopefully at the next meeting, we would be ready to adopt
a "Happy Hour" ordinance.
If��S Bob Davis made a report on library activities.
Max Bacon asked John Patterson about the status of the situation with the Seaboard
Railroad. Mr. Patterson said that next week the Federal Railroad Administration
would be in ,the area taking noise samples from property owners abutting the
tracks. Hopefully these results will prove that the trains are a nuisance and
September 3, 1985 - Continued
that other arrangements need to be made.
Jim Hawkins said that King Springs Pool is still open and registration is still
open for classes sponsored by the Parks and Recreation Department. Jim also
reminded everyone of the Fall Festival on September 14th.
Jim Hawkins said the Clean City Commission has two locations available to deposit
newspapers for recycling; one at the fire station on Spring Road and another
at Cobb Center Tire on Benson Poole Road.
With no further business, meeting adjourned at 9:05 p.m.
************************
September 16, 1985
The regular scheduled meeting of Mayor and Council was held September 16, 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 Administrator John Patterson, City Attorney Charles E.
Camp, City Clerk Willouise Spivey and representativaes of the press.
Invocation was given by Kathy Brooks followed by the pledge to the flag.
PUBLIC INPUT: Sue Brissey of 471 Havilon Way asked about the status of the Concord
Road parking lots. Attorney Camp said the City has not instituted legal action
on Concord Road parking lots at this point and time. Mrs. Brissey said it has
been 4 years since she initially brought this before council. Some have complied
and others have totally ignored us. Chuck Camp said to his knowledge there are
only two that are not within compliance now; the others have either complied
or are grandfathered. Mrs. Brissey said she disagreed; there were many others
that had not complied. Mrs. Brissey said she also noticed today that someone
has made a parking lot on the right of way of Atlanta Road and also complained
of the eyesore created by AAA Cab on Atlanta Road @ Spring Road. Jim Hawkins
recommended that Mrs. Brissey come to City Hall and talk with John Patterson
regarding the parking lot situation and we would'check into her other complaints.
Frances Grant of Stonecreek Road stated she had recently been denied a variance
to rent the basement of her home and said this was her primary source of income.
Without it, she would be forced to sell her home. John Patterson said at the
time the first request was made a letter from Mrs. Grant's attorney was submitted
and she did not go through the variance procedure as required. Jim Hawkins recom-
mended that Mrs. Grant make an appointment with Mr. Patterson to help her with
the variance procedures.
DEPARTMENT REPORTS: John Patterson said the department head reports would probably
begin next month and we are still working on a format for those reports.
PUBLIC HEARINGS:
(A) Variance request by Post Properties, Inc. on parking and buffer requirements
for F&M Villages, Inc.
There was no opposition and Richard Denney represented Post Properties. Mr. Denney
said they were asking for a variance to reduce the number of parking spaces from
1,426 to 1,177. Mr. Denney said they used the formula as they did in all their
villages for parking; being 1.5 spaces per 1 bedroom and 1.75 for 2 and 3 bedroom
units. The second variance is for parking in the buffer due to the tightness
of this remaining site and is needed for the development to be aesthetically
pleasing. This property is zoned for 16 units per acre and the variances would
have no effect on density. 600 of the development will be 1 bedroom and 400 2
bedroom apartments.
N
John Patterson said for the last 5 years Post has developed their projects based 1
on this same formula for parking and there appears to be no problem with it. j
The buffer strip they are asking to encroach upon is along Village Parkway and