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12-03-1984 Regular MeetingDecember 3, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 3, 1984. 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. Little, Acting Fire Chief Hubert Cochran, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Dameron, City Engineer Jim Mallett, Civil Defense Director Jim Farley, Librarian Doris Morris, Building Inspector Scott Stokes and representatives of the press. Invocation was given by Kathy Brooks, followed by the pledge to the flag. Jim Tolleson stated that Mayor Bacon was not feeling well tonight and would not be at the meeting. Citizens Reports: Bogey Stoner, owner of the Dairy Queen said he read in the paper where the City would be reviewing all privilege licenses to determine if they should be renewed for 1985. Mr. Stoner requested that the pouring license for McArthur's Park in the South Cobb Plaza shopping center be denied and cited numerous incidents of disturbances caused from the patrons of that establishment. There was a meeting in August with himself and other businesses in the area, but there have been no improvements. Mr. Stoner said it was now to the point that his maintenance people were afraid to be there at night. Jack Shinall stated he introduced an ordinance which was passed that all privilege licenses would - be reviewed prior to being reissued and they would review all complaints. They have met with the Police Committee and have notified the owner of this establishment that they want a meeting with them to go on record of bringing these complaints out. Jack said that last week, he and Kathy Brooks met. personally with the owner and brought out quite a number of things they were presently looking at. The next step is for the Police Committee to get with him and for the Privilege License Committee to review the license for next year. Jim Hawkins said the owner has been sent a registered letter voicing our concern over things they felt must be corrected. Attorney Camp told Mr. Stoner he felt it would be appropriate to prepare a written statement for Mayor and Council and that they may also want him to testify at the hearing. Also, he should give dates and times of these incidents. Rezoning: Harvey Nix requested rezoning of property on South Cobb Drive in Land Lot 379 from Office/Distribution to General Commercial. Mr. Harold Bentley represen- ted the applicant and said this application was previously tabled because he did not have plans. Mr. Bentley said he left a set of plans at City Hall today and also had a set for Council to review tonight. Mr. Bentley said if the zoning was approved, Stanley Tools would construct a very attractive building for a rental business. They have made a request to the State for a curb cut on South Cobb Drive but have had no response. Also, they will provide an acceleration lane if it is required. Mr. Bentley said if they do not get the curb cut, Stanley Tools will not take the property. Also, they meet all required setbacks and will not need any variances. Mr. Bentley also assured council that there would be no outside storage at all. Storage of the rental equipment is within the structure itself. Jack Shinall stated on September 24th this request was approved by the Planning and Zoning Board but he did have some problem with the property remaining General Commercial if this type building is not constructed. Jack Shinall made a motion the rezoning be approved contingent upon the curb cut being approved by the State; if this authorization is not given, then the property would remain under the present category. Max Bacon seconded the motion. Hugh Ragan said he would like to amend the motion that no outside storage be allowed and the motion and second were withdrawn. Jack Shinall then made a motion the zoning be approved contingent upon the State authorizing the curb cut. If not, the zoning will remain as is. Also, the General Commercial zoning will require that no outside storage be allowed. Max Bacon seconded the motion which carried 6-0. Privilege License: Glen Stinson requested a beer pouring license for Pizza Hut at 2542 Atlanta Road. Mr. Stinson said the person holding this license previously t. was found to not meet the residency requirements. Mr. Stinson said he represents Pizza Hut in the Atlanta Area and as a resident of Cobb County would be their agent to hold the license. Mr. Stinson said he does not hold any other licenses and has no financial interest in the business. Jim Hawkins said he thought a license holder must be affiliated with the company in some way. Mr. Camp said that Mr. Stinson was agreeing tonight to be totally responsible for the license. Originally the ordinance did allude to ownership of the business which was changed by amendment. There was no oppo3ition and Kathy Brooks made a motion the license t:C ., tT)T):` 3i7(N1 . J-7,,C'! December 3, 1984 - Continued be approved. James Williams seconded the motion which carried 5-1, with Jim Hawkins opposed. / I Variance: Gene Hoaster requested a. variance on front yard setback from 40 feet to 35 feet on Lots 16, 17 and 17A of Belmont Hills Subdivision. on San Fernando Drive. When asked if there was any opposition, three people raised their hands but said they were not really opposed, they just wanted to know what his plans were. Mr. Hoaster stated there are four lots on San Fernando Drive that he wants to buy for construction of single family homes. He needs the variance because the lots drop steeply at the rear of the property. He also plans to buy lot 18 which has a recorded 30 foot building line and would not need a variance on that lot. Mr. Hoaster said the front setbacks on this subdivision varied from 20 to 40 feet. Mr. Hoaster said he wanted to build 2-story homes, 1,368 square feet, with basements which would sell from mid to high $60's. Mr. Hoaster said between lots 16 and 17 there is a catch basin at the street and water pours out onto the side of the hill and he would extend this pipe to the creek himself at no cost to the City. Mr. Hoaster said he may not build on lot 17 but even if he did not, would extend the drainage pipe. There were some questions from the audience concerning the existing sewer problems in the area and Mr. Hoaster said the sewer line would be piped back to the line at the creek. Vic Broyles stated the. contract has already been let to replace that line all the way to Bank Street. Jim Belk with Welker and Associates also stated the contract was underway now and the line should be completed to Cherokee Road about the first or middle of April, when Mr. Hoaster's construction is completed. After further discussion, Kathy Brooks made a motion the variances be approved. Jim Hawkins seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Scott Stokes and recorded as follows: 1) Mr. Rawlins of 3110 Atlanta Road requested a building permit to remodel at that address at a total estimated cost of $10,000. Hugh Ragan 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. 2) Morgan and Company requested a building permit for tenant space at 4200 Highland Parkway at a total estimated cost of $376,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. Kathy Brooks made a motion the amendments to the J.M.E.B.S. retirement plan be tabled to the December 17th meeting. James Williams seconded the motion which , carried 6-0. Report on Bid Award: Hugh Ragan said the committee recommends that the low bid of $13,200 \be accepted to renovate the house on Bank. at King Street and made a motion it bb approved. Kathy Brooks seconded the motion.which carried 6-0. Approval of Minutes: Max Bacon made a motion the minutes of November 5, 1984 be approved as submitted. Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of November 19, 1984 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. Bid Opening: Bids for engineering services for the City were opened, read and recorded as follows: HENSLEY-SCHMIDT Principal $65/hr Senior Engineer $47/hr Jr. Eng./Sr. Tech. $33/hr Technical/Clerical $22/hr Inspector $33/hr Survey Crew $60/hr MALLETT & ASSOCIAT,ES Reg. Prof. Engineer $35/hr Reg. Land Surveyor $35/hr Project Engineer $30/hr Tech./Draftsman $25/hr Survey Party $50/hr Outside Consult. -at cost Reimbursible Exp.-at cost ALTERNATIVE: $14000 monthly fixed amount for 10 hours per week guaranteed WELKER & ASSOCIATES Civil Engineer $42/hr Asst. Engineer $35/hr Draftsman $31/hr Electrical Eng. $56/hr Survey Crew $14-35/hr December 3, 1984 - Continued MAYES, SUDDERTH & ETHEREDGE, INC. Printing $11.55/hr Typist $24.88/hr Lab Technician $17.00/hr Drafter-1 $16.92/hr Drafter-2 $23.45/hr Sr. Drafter-3 $26.97/hr Technician.$26.83/hr Sr. Technician $37.50/hr Jr. Engineer $27.00/hr Engineer $42.00/hr Sr. Engineer $53.00/hr Jr. Landscape Architect $24.00/hr Landscape Architect $39.00/hr Sr. Landscape Architect $50.00/hr Jr. Architect $27.00/hr Architect $38.00/hr Sr. Architect $50.00/hr Survey Party (3) $53.65/hr Survey Party (4) $65.50/hr Principal $80.00/hr Mileage @ 0.22/mile Reimbursible expenses & sub- contract consultant if requested 1.10 times invoice J. S. ROSS & ASSOCIATES, INC. Professional Engineer $60/hr Project Engineer $35/hr Jr. Engineer or Civil Tech. $25/hr Reg. Land Surveyor $50/hr Civil Technologist $25/hr Draftsman $18/hr Computer & Operator $35/hr Survey Crew (4) $70/hr Survey Crew.(3) $60/hr Survey Crew (2) $50/hr Blueprinting (in house) 180 sq. ft. Blueprinting (outside) At cost + 10% Travel out of metro area @ 0.20/mile N Hugh Ragan made a motion the bids be turned over to the Engineering Committee with their recommendation back to full council on December 17th. Max Bacon seconded the motion which carried 6-0. Ordinance Amendments: Kathy Brooks read proposed amendments to the zoning ordinance as follows, and made a motion they be advertised for approval at the January 7, 1985 meeting. THAT SECTION 906 BE AMENDED BY ADDING A NEW SECTION AS FOLLOWS: Section 906 - Required Parking Spaces (906.27) Warehouses - mini. Four spaces. minimum plus one space per two thousand (2,000) square feet of gross storage area in excess of eight thousand (8,000) square feet, provided in the event the development contains an apartment, the minimum spaces shall be increased to six (6) spaces. THAT SECTION 713 BE AMENDED BY DELETING SECTION 713.4.1 IN ITS ENTIRETY AND REPLACING WITH THE FOLLOWING: Section 713 - OD Office -Distribution District (713.4.1) Mini warehouses, for self storage only, which may include one (1) apartment for a security guard or caretaker provided the apartment is an integral part of the warehouse complex and not a free standing unit and provided said apartment shall not be leased or rented to any second part. Jack Shinall seconded the motion which carried 6-0. Request for Bids: Vic Broyles said there. were two water lines on Atlanta Road near Brawners Hospital that need to be tied together and extended, to provide better fire protection for the people in that area. Vic said the cost should run about $25,000. Max Bacon made a motion bids be requested, to be opened at the December 17, 1984 meeting. Jim Hawkins seconded the motion which carried 6-0. Appointments: Max Bacon made a motion that Sharon Darby be appointed to the Clean City Committee to fill the unexpired term of Patsy Elrod. Jack Shinall seconded the motion which carried 6-0. Hugh Ragan made a motion that Sally Foster be appointed to the Clean City Committee -y to fill the unexpired term. Kathy Brooks seconded the motion which carried 6-0. Committee Reports: (Parks) Sherry Reavis reminded everyone of the Festival of Music on December 6th at the let Baptist Church and the lighting of the tree in Memorial Park afterwards, with refreshments served at City Hall. December 3, 1984 - Continued (Library) Doris Morris reported. the Library's annual Christmas program would be December 19th. f Jim Tolleson asked what progress has been made on hiring a City Administrator. i James Williams said they hoped to be ready the last meeting in December to advertise for the position. Jim Tolleson said that 17 insurance companies have filed suit challenging the premium fees paid to municipalities and those funds have been frozen. Jim said he was in a meeting last Saturday at the General Assembly and he thought this issue would soon be resolved. With no further business, meeting adjourned at 9:00 p.m. December 12, 1984 A special called meeting of Mayor and Council was held December 12, 1984 at City Hall. The meeting was called to order at 6:03 p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present except James Williams and Jim Tolleson. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron, Police Chief R. E. Little, and representatives of the press. Mayor Bacon stated this was a show cause hearing concerning the recent suspension of the liquor, beer and wine pouring license for McArthur Park on South Cobb Drive. Attorney Rob Flournoy represented Kyong S. Moon, owner and Mr. Camp stated the license was actually issued to McArthur Reeves. Mr. Flournoy said that at one time McArthur Reeves owned the business, originally known as Frontier Palace, Inc. and later McArthur's Park. In July, 1984, Mr. Moon purchased all assets and apparently the license was transferred. Mr. Camp said he did not believe the license was transferred; our records show McArthur Reeves as the license holder. Alo, Mr. Reeves had submitted a letter dated Friday, December 7, 1984, surrendering the license as of 3:30 p.m. that day and stating that he world no longer be acting as agent. Mr. Flournoy said that formally, he was not aware that the license had been surrendered. Mr. Flournoy presented a motion to be filed with the City Clerk that charges and factual details had not been provided to his client, and the law. requires that due process has not been met. The allega- tions are that Mr. Moon has sold to minors and allowed minors on the premises. Max Bacon said it was his understanding that McArthur Reeves had the license and Mr. Flournoy said he was under the impression that Mr. Moon had a valid license. Mr. Camp said it appears that the suspension of the license by the City, and the letter from Mr. Reeves stating he was surrendering the license ;were almost simultaneous; both actions took place the same day. If Mr. Moon desires a written enumeration of the charges, that would call for a continuation of the hearing. Mr. Flournoy said he would be ready within a week to continue with the hearing after the charges have been submitted and meanwhile would make new application for Mr. Moon to have the license in his name. Jim Hawkins said he did not see why we should continue with the hearing since the license has been surrendered by Mr. Reeves and Mr. Moon does not have a license to do business. Mr. Camp said that under these circumstances, we would not have a show cause hearing and any further action would be a new application by Mr. Moon. Jim Hawkins said there were a lot of people here tonight that have an interest in this, and they would have an opportunity to speak at the hearing when the new license is considered. With no further business, meeting adjourned at 6:19 p.m.