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10-01-1984 Regular Meetinge I� October 1, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 1, 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, Assistant Public Works Director Vic Broyles, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis, City Engineer Jim Mallett, Assistant City Clerk Melinda Dameron, Building Inspector harry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Jim Tolleson recognized Frank Wyatt, candidate for Chairman of the Board of Com- missioners. Jim Tolleson said that Mayor Bacon was here earlier but had to go home for a few minutes and should be back soon. There were no citizens reports. Variance: James Williams made a motion the variance request by Post Properties to place a -directional sign on the right of way be tabled to the next meeting since there was no representative present. Hugh Ragan seconded the motion which carried 6-0. Variance: Paul Suggs requested a variance for an additional sign at Sterchi's, 3197 South Cobb Drive. Mr. Suggs said this sign would be directly in front of the store with a changeable reader board and would replace the portable signs they have used in the past for advertising. Jim Hawkins said if the existing sign was relocated they could add the reader board and not need the variance. Mr. Suggs said it was not economically possible to relocate the other sign and they could not place a reader board on this sign because of the poor visibility. Also, if the present sign is moved to the front of the building there will be a problem with it overhanging the right of way of South Cobb Drive. After further discussion, Jim Hawkins made a motion the variance be denied. James Williams seconded the motion which carried 6-0. Variance: - John Coss requested a variance on the front building setback line from 5Q feet to 30 feet for DILites of America, Inc. Mr. Coss said the proposed building site is in the front of Kroger shopping center on South Cobb Drive. In order to place the building on the site they need more depth and would like to reduce the front setback from 50 feet to 30 feet. The abandoned service station on the lot now has a canopy that extends 22 feet further on the front than where they propose to place their building. Jim Hawkins said their plans indicated they would be paving over the detention area for the shopping center. Mr. Coss said they were proposing an underground detention area but the engineering work is costly, and needed to know whether or not it would be � f possible for them to build on the location before proceeding with the engineering work. Mr. Coss said he had .already met with their drainage engineer and knew the system could be built because it is done all the time. They have tried to reposition the building on the lot so that the variance would not be required but they are not able to work out the number of parking spaces they would need. Jim Hawkins said he would like for Mr. Coss to meet with our engineer and show him what they had in mind for the detention area and also understood there was some problem concerning the right of way. Jim Hawkins made a motion the variance be tabled to the next meeting. Max Bacon seconded the motion which carried 6-0. Variance: Walter E. Moffett requested a variance on front building setback from 50 feet to 40 feet for construction of a canopy at Cobb Center Amoco on South Cobb Drive. The project engineer for Amoco spoke and said he had met with Mr. Broyles as was requested at the last meeting. Vic Broyles said his recommendation was that the variance be approved because this addition will still be further from the right of way than the Union Oil station next door. Jack Shinall made a motion the variance be approved, seconded by Kathy Brooks. Mr. Williamson from the audience spoke and said this intersection is terribly conges- ted now and asked if they could stop cars from going left onto Powder Springs Street. Mr. Moffett said they are eliminating one of the driveways onto Powder Springs Street to get further away from the intersection and they are also increasing the turn radius onto South Cobb Drive, which will help the traffic problem. They will also be eliminating one of the driveways onto South Cobb Drive. Jack Shinall said the City has talked to the State about changing the timing on the lights, with 'ff6 success. They are now looking at the possibility of using turn signals. Vote on i1�� T.i•:��,J.a7i1 October 1, 1984 - Continued the motion failed 2-4, with Max Bacon, James Williams, Jim Hawkins and Hugh Ragan opposed. Variance: N. C. Sloan requested a variance on the rear yard setback from 50 feet to 34 feet for construction of a self -serve mart at Union Oil, 2691 South Cobb Drive. Mr. Sloan said this was a larger building than they had originally planned and have received approval of the property owner to the rear. Vic Broyles said there may be some changes required by the Department of Transportation, one being that they would have to close one of the existing curb cuts onto South Cobb Drive and thought they would also ask for an extra 14 feet on the curb. Mr. Sloan said he was not aware of. such requirements and had not been contacted by the State at all. Kathy Brooks made a motion the variance be tabled until these questions could be resolved. Jack Shinall seconded the motion which carried 6-0. Variance: Charles Miller requested a variance to omit the 10 foot landscaped strip for construction of a new shopping center on Spring Road and Atlanta Road. Mr. Miller said they had a 12Q foot setback from Spring Road and a 70 foot setback from Atlanta Road to the property line. The proposed site is 50,000 square feet and meets all setback requirements. The variance, if approved, will allow them to pave their parking area up to the property line. If they are required to use the landscaped strip they will lose approximately 1500 square feet, or 18 to 2Q% of their leasable space and would place an economic burden on them. Mr. Miller said they have talked to the neighbors in the area, and received their approval. Also, they will have an acceleration/decelleration lane on Spring and Atlanta, as required by the State and would also replace the sidewalk on Spring Street. Mr. Miller said the entrance on Atlanta Road has been approved in principal by the Department of Transporation. There was some discussion about the ownership of Atlanta Terrace and Max Bacon said he would also like to see more detailed plans and something in writing from the Department of Transporation. Max Bacon made a motion the variance be tabled to the next meeting. James Williams seconded the motion whic-h carried 6-0. Commercial Building Permits: Commercial building permits were presented by Building Inspector Larry Dunn and recorded as follows: (1) Papa Pirozkie's requested a building permit for construction of a new restaurant on Lake Park Drive at a total estimated cost of $250,000. James Williams made a motion the permit be approved, subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (2) Jim Nichols requested a permit for an addition to the building at 1246 Concord Road at a total estimated cost of $75,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-1, with Max Bacon opposed. Approval of Mobile Home: Kathy Brooks read a letter from Harry L. Hollingsworth requesting approval to temporarily occupy a mobile home (camper) at 2538 Glendale ` Circle. Mr. Hollingsworth's home at the same address burned and he is unable to find a place to rent for the 4 to 6 weeks required to restore the house because he has 5 school age children. This will be a 174 foot camper to be used for sleeping purposes only. Kathy said Mr. Hollingsworth is a 100% disabled veteran. Kathy said his neighbors have been contacted and they have no objection to them sleeping in the camper. Kathy Brooks made a motion approval be given to the Hollingsworth's to use the camper for 4 to 6 weeks. Jim Hawkins seconded the motion which carried 6-0. Bid Opening: Bids for two (2) cabs and chassis for the Sanitation Department were opened, read and recorded as follows: Peach State Ford $30,200 each LN8000 Series - 1985 model Delivery date: March or April 1985 ALTERNATE: For immediate delivery $29,935.27 - LN8000 $28,630.42 - LN7000 Commercial Equipment $30,200 each LN8000 series - 1985 model Delivery date: March or April 1985 ALTERNATE: For immediate delivery $29,935.27 - LN8000 $28,630.42 - LN7000 October 1, 1984 -_Continued Max Bacon made a motion the bids be turned over to the committee with their recommen- dation back at the next meeting. Jim Hawkins seconded the motion which carried 6-0. There were no bids for the installation of the Powder Springs Street bridge. Max Bacon made a motion bids be resubmitted for the first meeting in November. Jim Hawkins seconded the motion which carried 6-0. Request_ for Bids: Jack Shinall made a motion bids be requested for a new chassis for a 1970 model 350 series truck in the Parks Department to be opened at the October 15th meeting. Jim Hawkins seconded the motion which carried 6-0. Ordinance Amendments: Hugh Ragan read two (2) proposed ordinance amendments as follows, and made a motion they be approved. Article XIII, Section 1307 Penalties for violation. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined a minimum of $200.00 and not more than $500.00 for each offense. Each day such violation continues shall constitute a separate offense. Chapter 19-8, Soil Erosion & Sedimentation Control Penalties and incentives. Any person or persons violating any provision of this ordinance shall upon conviction be punished by a fine of not less than $200.00 and not more than $500.00 for each offense. Each day such violation continues shall constitute a separate offense. The amendments have been advertised, and Jack Shinall seconded the motion which carried 6-0. Hugh Ragan made a motion the proposed amendments to the ordinance for variance re- quirements be tabled to the next meeting. Max Bacon seconded the motion which carried 6-o. J.M.E.R.S. Kathy Brooks said there are two changes that must be made to our JMERS ordinance by December, 1984 in order for the City to comply with a 1983 Supreme Court ruling. This amendment will change the benefit formula from 1.25 to 2% and from 1.0 to 1.75% and will not affect any employees on roll now; only future employees. Hugh Ragan also said the amendments would not affect anyone on council, only full time employees. Kathy Brooks made a motion the amendments to the JMERS plan be approved. Max Bacon seconded the motion which carried 6-0. Approval of Minutes: Jim Hawkins made a motion the minutes of September 5, 17 and 24 be approved as submitted. Max Bacon seconded the motion which carried 6-0. Appointment to Parks Commission: James Williams made a motion that Maurice Blount, 1807 Teasley Drive be appointed to the Parks and Recreation Commission representing Ward 3. Max Bacon seconded the motion which carried 6-0. Committee Reports: (Parks) Sherry Reavis said the Fall Festival last Saturday was very successful and stated the Halloween Carnival would be at Cobb Center Mall on October 31st. Jack Shinall asked Vic Broyles to pursue the turn signals at the major intersections on South Cobb Drive. (Library) Doris Morris reported on library activities. Jim Tolleson announced that Jim David had retired September 26, 1984, and Vic Broyles is now Director of Public Works. With no further business, meeting adjourned at 8:45 p.m.