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09-17-1984 Regular MeetingSeptember 5, 1984 - Continued Jack Shinall said that Gene McIntyre had resigned from the Parks Department to accept a position in DeKalb County. Jack also said the option agreement on the \ golf course should be. ready by Friday and then the concession agreement will be drawn and submitted to the Department of Interior for approval. (Public Safety) Jim Farley said the rescue truck has finally been delivered and they hope to have it in service by the next meeting. Jim Hawkins asked for a short meeting with the Public Safety committee following adjournment tonight. (Finance) James Williams said tax bills will be going out tomorrow. Max Bacon made a motion the rules be suspended to consider an amendment to the Clean City Commission ordinance. Jim Tolleson seconded the motion which carried 7-0. Upon the recommendation of Keep America Beautiful commission, Max Bacon read the following amendment to our ordinance and made a motion it be approved. Section 3Q2-B L The Commission shall elect from its membership, a Vice Chairman and such other officers as may be desired. Officers shall be elected on a calendar year basis but may be re-elected for succeeding terms. Kathy Brooks seconded the motion which carried 7-0. o With no further business, meeting adjourned at 8:39 P.M. September 17, 1984 The regular scheduled meeting of Mayor and Council was held September 17, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by pre- siding officer Mayor Arthur T. Bacon. All council members were present. Also present was City Attorney Charles E. Camp, .City Glerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris Morris, Building .Inspector Scott Stokes and representatives of the press. Y Invocation was given by Max Bacon, followed by the pledge to the flag. Citizens Reports: Brian Leiberman, a resident of Cumberland Bridge Apartments expressed his concern about the reckless driving by Domino's Pizza delivery cars and said on September 2nd he was hit by one of the cars while walking home. Chief Little said that two weeks prior to this incident he had met with the managers of both Domino's and also the District Manager. They all had assured him of. their full cooperation in disciplining or dismissing any employees guilty of driving recklessly, and indicated they would do whatever was necessary to•correct the situa- tion. Chief Little also said it would help if the citizens would get tag numbers from the vehicles if they have a complaint so they can place specific respons- ibility. Max Bacon asked Chief Little if he would meet with the managers again concerning this problem. Mayor Bacon recognized Ralph Bryant, democratic candidate for the Board of Comm- issioners. Rezoning: Williams B. Sanders requested rezoning of 1051 Concord Road from Future Commercial to General Commercial. There was no opposition from the audience. Mr. Sanders said this was a vacant house with a garage in the rear and he had a general lawn care business wanting to locate there. The businesses on either'side are zoned General Commercial, on similar size lots. Jim Hawkins asked Mr. Sanders if he would be willing to install a 6 foot wooden fence along the rear of the property, and the answer was yes. Max Bacon asked if they would be mixing chemicals on the prem- ises. Mr. Sanders said that had been discussed, and they could mix their chemicals elsewhere and they would make provisions for that. After further discussion, Jim September_17,_1984 - Continued Hawkins made a motion the rezoning be approved with the stipulations that a 6 foot wooden fence be placed along the back property line and also that mixing of poison- ous chemicals not be allowed on the premises. Jack Shinall seconded the motion. In response to a question from Mayor Bacon, Mr. Sanders said the parking require- ments would be met and he would be responsible for paving as indicated on their plans. Vote on the motion carried 7-0. Variance: William B. Sanders requested a variance at 1051 Concord Road on property just rezoned, to reduce the minimum lot size from 20,000 square feet required for General Commercial zoning, to 12,000 square feet. There was no opposition. Mr. Sanders said both businesses on either side of this location are zoned General Commercial, on similar size lots. Max Bacon pointed out that the businesses on either side were zoned several years ago before our existing ordinance was adopted and at that time there was no minimum lot size required. It was the general feeling that the property would be improved, and Jim Hawkins made a motion the variance be granted. Hugh Ragan seconded the motion which carried 7-0. Variance: Walter E. Moffett requested a variance for construction of a canopy at Cobb Center Amoco on South Cobb Drive. The project engineer for Amoco spoke on behalf of the request and said they planned to demolish the existing building and construct a new pump type station. The 40 foot setback requested is to enable traffic to flow around the back of the station. The 50 foot setback would only allow approximately 17 or 18 feet on the rear and would make it difficult for cars to pass. Jack Shinall said in a previous discussion with Mr. Moffett he had asked him to meet with Vic Broyles to look at the site. Mr. Moffett said he did not remem- ber that, and had not met with Mr. Broyles. Mr. Moffett said they would like to start immediately on some of the demoliton work. Jack Shinall said he still would like for Vic to inspect the job site and made a motion this be tabled to the next meeting. Kathy Brooks seconded the motion which carried 7-0. Variance: Jim Nichols requested a variance for an addition to his business within 10 feet of the rear property line and also to omit the 10 foot landscaped strip on Hunter Street at 1246 Concord Road. There was no opposition from the audience. Jack Shinall and Jim Hawkins both stated they had told Mr. Nichols previously they felt his property should be zoned 0&I even though he would probably still need a variance. Jim Hawkins said Mr. Nichols had tried to work with council and had filed an. application with the zoning board for 0&I, which was denied. Mr. Hawkins said he did not support the variance the first. time and seldom reversed his decision, but he would tonight because Mr. Nichols had attempted to do what was right. Mr. Nichols said he was asking approval to omit the 10 foot landscaped strip on Hunter Street because it was impossible to maintain with cars parking on the side of the road during baseball season. Mr. Nichols said he could park 29 cars on his lot now, and is required to only have 18 spaces. After further discussion, Jim Hawkins made a motion the two variances be approved. Jim Tolleson seconded the motion which carried 7-0. Variance: Cumberland Townhomes requested a variance on side yard setback from 35 feet to 15 feet on buildings 1D through 5D. Mandy Towers, project manager repre- sented Cumberland Townhomes and said that through their own error, they had ap- parently mis-staked the building and it did not come to his attention until 3 weeks ago. The building is complete except for three units, and they are within 80% of being completed. James Williams said this was the third variance for this project and he was very disappointed they were here again tonight, especially since one was a blanket variance. Hugh Ragan asked if there was any other logical reason for this violation. Mr. Towers said he did not know of any other reason other than the pins had been moved and the person who laid out the lot has been fired. Mr. Towers said these are the last 3 buildings in the project and did not think they would have any further problems. Jim Hawkins said he felt the Building Inspector should also be responsible for checking the line when he is called for a footing inspection to avoid similar problems in the future. Mr. Towers said they would landscape heavily behind these units and would do anything else they could to en- hance the buffer between these units and the adjoining property owner. James Wil- liams also advised Mr. Towers to meet with the Building Inspector to be sure the other buildings meet setback requirements. There was no opposition and James Williams made a motion the variance be approved with a fine of $300 assessed for each unit, totaling $1,500. Jim Hawkins seconded the motion which carried 7-0. James Byers requested approval to use temporary buildings for storage of electrical equipment and also to reside in the house at the same location at 3497 South Cobb I September 17, 1984 - Continued Drive. There was a large group in opposition and Mr. Byers Was sworn in with he spokesman for the opposition. Attorney Jer:6y..Ware represented Mr. Byers and stated f that Mr. Byers was an electrical contractor and does all of Sears electrical repairs on a 24 hour 7 day per week schedule. He is presently operating from a converted residence and is asking for the variance allowing him to live at the business loca- tion due to the nature of his work. When he receives calls at night he has to con- sult with various files and also computer information regarding credit ratings before Sears will allow him to take the job. Mr. Byers is also requesting approval to place a 32 x 12 temporary building on the lot for storage of equipment. Mr. Ware said it was a necessity for him and his wife to live at the same location of their business. He was operating under the assumption that no permits were required for a temporary building and had no intentions of violating our ordinance by moving the building onto the lot. Mr. Byers said he is the sole operator of Sears electrical service and 90% of his business is done on credit and he had to have access to the files and computer information when he received a call. At one time he was operating from his home and was approached by the City about being in violation by operating a business from his home. He then rented commercial space to comply with our ordinance. The representative for the opposition said he was upset to come home and find temporary buildings on the lot and felt they were an eyesore that would ruin the value of their homes. They have already had trouble getting down Magbee Drive because of trucks parking on the street. The driveway to the house is from Magbee Drive, with no entrance onto South Cobb Drive. After further discussion, Jim Hawkins said council was not under any obligation to vary from the law and he did not consider this to be a hardship case. Jim Hawkins made a motion the request be denied. James Williams seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Scott Stokes and recorded as follows: (1) Jim Nichols requested a permit for an addition to the building at 1246 Concord Road at a total estimated cost of $75,000. Scott was asked if the setback lines were adequate, other than the variance approved tonight and during discussion it was found that the footings had already been poured for this addition. Jim Hawkins made a motion the permit be tabled. Jack Shinall seconded the motion which carried 7-0. (2) Tenneco requested a permit to construct a canopy at 902 Cherokee Road at a total estimated cost of $20,000. Max Bacon 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. (3) Tenneco requested a permit for construction of. a canopy at 1166 Concord Road at a total estimated cost of $18,800. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal and asked Scott to check the setbacks on both Tenneco locations to be sure they are correct. Jim Hawkins seconded the motion which carried 7-9. (4) Ridgeway Development requested a building permit for office space on Lake Park Drive at a total estimated cost of $90,000. Jim Tolleson 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. Robert Kim McIntire requested approval to close a portion of Dunn Street from Legion Drive to Hunter Street for a block party October 6, 1984 from 3:00 p.m. to midnight. Jim Hawkins made a motion the request be granted. James Williams seconded the motion which carried 7-0. Jack Shinall made a motion that a portion of Bank Street be closed September 29th from 10:QQ a.m. to 5:00 p.m. for the Fall Festival. Max Bacon seconded the motion which carried 7-0. Post Properties requested approval to erect a directional sign on the right way of Windy Hill Road at Village Parkway. Jim Tolleson presented pictures of the proposed sign and Attorney Camp said we may be setting a precedent by allowing a sign on the right of way. James Williams made a motion the sign be approved, September 17, 1984 - Continued seconded by Jim Tolleson. After further discussion about the exact location of the sign, the motion and second were withdrawn. James Williams made a motion this f be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins made a motion that September 24, 1984 at 6:QQ p.m. be set to hear the appeal of the decision of Recorder's Court by Teri S. Jones and Rebecca Bridges. James Williams seconded the motion which carried 7-0. James Williams made a motion his appointment to the Parks and Recreation Commission be tabled to the October 1st meeting. Max Bacon seconded the motion which carried 7-0. Request for Bids: Max Bacon made a motion bids be requested for two (2) cabs and chassis for the Sanitation Department to be opened at the next meeting. Jack Shinall seconded the motion which carried 7-0. Jim Tolleson made a motion that $2800 be approved to install a wig wag light on Concord Road at Havilon Way to be paid from State Grants. Max Bacon seconded the motion which carried 7-0. Committee Reports: (Library) Doris Morris reported on library activities and said they would have a booth at the Fall Festival to sell new and used books. Also, citizens can register to vote at the library. (Parks) Jack Shinall reminded everyone of the Fall Festival on September 29th. (Public Safety) Jim Farley said the new rescue truck is almost ready to go into service. . Jim Farley reminded everyone of the tour of the State EOC center and needed to know in advance how many would attend so that he could make arrangements. Jim Hawkins called for a Public Safety Committee meeting September 1$th at 5:30 p.m. and also asked the City Attorney and Police Chief to be there. Jim said they need to discuss the problems we have had recently at South Cobb Plaza. (Water & Sanitation) Vic Broyles said the new pickup system is working out fine, but they still need two new cabs and chassis. Max Bacon made a motion the rules be suspended to discuss a sewer line problem on Hillside Road. Jack Shinall seconded the motion which carried 7-0. Max Bacon said there are four homes on Hillside Road at Bank Street that have crossed sewer lines and made a motion that $973.05 be approved from the E&C Fund to extend the line and provide individual service to these residents. This will' be for material only, with labor to be provided by city crews. Jack Shinall seconded the motion which carried 7-0. Max Bacon -said that,Wendell..Dean's father had passed away last night and expressed his sympathy to the family. (Public Works) Jim Tolleson said he would have a Public Works Committee meeting every Thursday before the agenda meetings. Mayor Bacon recognized ex -council member Sarah Jones in the audience. With no further business, meeting adjourned at 9:00 p.m.