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
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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.