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January 5/19, 1987 Council Meeting January 5. 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on January 5. 1987 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jack Shinall who was ill. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and representatives or the press. Invocation was given by Pastor Don Pope or Smyrna Baptist Church, followed by the pledge to the rlag. Nothing to report. REPORTS: Reports were given by Parks and Recreation, Library and Works Departments. PUBLIC HEARINGS: (A) Annexation of 2.5 acres at 725 Cooper Lake Road. There Cooper legal meeting O. was no opposition and Hugh Ragan made a motion the 2.5 acres at 725 Lake Road be annexed into the City to become a part or Ward 7. the description having been read and made a part of the minutes or the of December 15. 1986. Jim Hawkins seconded the motion which carried 6- (B) Rezoning request at 1502 Whitfield Street from R-15 to RTD. John Patterson said that Bill Davis of Northwest Corridor Properties is requesting the rezoning of this 2.035 acre tract from R-15 to RTD for construction of 14 townhouses. The property generally in the area is multi- family in use, while contiguous property is Single-family. There are a number of improvements that the developer has decided to put in and the Planning and Zoning Board has recommended the rezoning be approved conditional upon several stipulations. There was no opposition from the audience. Sherman Whitaker represented Mr. Davis who had been called out of town. Jerry Mills said this rezoning was previously tabled because there was some concern about whether or not the homes would be rented or sold. In talking further with Mr. Davis he has indicated the units will be occupied through lease/purchase agreements which will give many people the opportunity to purchase a home without a lump-sum down payment. Jerry said this development would improve the neighborhood and should increase surrounding property values. Jerry Mills made a motion the property be rezoned as requested subject to the recommendations of the Planning and Zoning Board and Zoning Department as follows: 1) Widen North Avenue to 24 feet back of curb to back of curb. b) Curb both sides of North Avenue. 3) Install a cul-de-sac at the end of North Avenue. utilizing the alley as much as possible. 4) Install 2 street lights on North Avenue. 5) Save as many trees as possible. Jim Hawkins seconded the motion. Hugh Ragan stated that since this property is surrounded by single-family residential, he could not support the motion. Vote on the motion to approve the zoning carried 5-1. with Hugh Ragan opposed. (C) Rezoning request at 1540 Whitfield Street from R-15 to RD. John Patterson many years as a that the home Mincey is the approved with opposition from the existing home at 1540 Whitfield Street has been used for duplex. The property is up for sale and there is a requirement be rezoned to RD to accommodate the uses there now. Ms. Jean owner. The Planning and Zoning Board recommended the zoning be the stipulation that improved parking be provided. There was no the audience. Ms. Mincey said the house is built in such a way that it can be easily converted into a duplex and the purchaser of the property has made the rezoning a stipulation of the sale. Improvements will be made to the property to improve the appearance. January 5. 1987 - continued Jerry Mills said that arter inspecting the property he felt this would be an improvement to the neighborhood, which is transitional. Jerry Mills made a motion the rezoning be approvedSl,lbject to the Planning and Zoning Board and Zoning pepartment recommendations and particularly the letter from Scott Stokes marked Exhibit "A" and attached to the application. Jim Hawkins seconded the motion which carried 6-0. (D) Variance request minimum rloor area. at 1540 Whitfield Street to reduce front setback and John Patterson said two variances are now required on the property Jl,lst zoned; one to reduce the required 40 foot front setback to 25 feet and the reduction of the minimum rloor area from 850 to 700 square reet. There was no opposition. Jerry Mills said he realized the variances would be required along with the zoning application. and saw no problem in granting them. Jerry made a motion the variances be approved to reduce the front setback from 40 feet to 25 feet and also reduce Ininimum rloor area from 850 to 700 square feet on the existing structure subject to recommendat:i.ons of the Zoning Department and Planning and Zoning Board and particularly the letter from Scott Stokes marked Exhibit "A" which reads as follows: "To convert the above listed structure from single family to a two family structure a few items will have to be constructed to meet the City of Smyrna standards. First. a one hour separation between tenants will be required rrom the floor to the bottom of the roor deck. This requires one layer of type X 5/8" sheet rock each side of Party will continuous from floor to roof deck. Second. each occupant shall have its own electrical service with ready access to all overcurrent devices protecting his own branch circuits. Third. two parking spaces per dwelling will be needed and all four shall be graded and paved accommodate four cars. Fourth. any other items that may be needed to comply with the above minimum standards." Joel Harrell seconded the motion which carried 6-0. (E) Variance request setback. at 2690 South Cobb Drive to reduce side and front John Patterson said that Mr. Bohby Myer has requested two variances ror a canopy that has already been constructed on his property at 2690 South Cobb Drive. A variance is required to reduce the side setback from the 10 reet required to one foot and also reduce the rront setback from the required 50 feet to 5 ree-t. There were no building permits issued prior to con:struction. There was no opposition to the variances. Mr. Harold Farmer represented Mr. Myers. Mayor Bacon asked how the been constructed without a bUilding permit. Mr. Farmer said the built in an effort to clean up remove three 40-root trailers wooden building. An old canopy was removed which extended the and the contractor advised Mr. Myers that a building permit not be necessary. Since he was not personally aware of the code requirements, they proceeded with the construction. canopy had canopy was an old Mr. Myers said they used the canopy to work on cars and protect them from the weather; it will not be used for storage. The violation was called. to their attention by Mike Hutchinson and they subsequently contacted the afrected adjacent property owners and have obtained their approval of the variances. Arter next Hugh further discussion, Kathy Brooks made a motion this be tabled to the meeting since Jack Shinall was unable to attend and this is in his ward. Ragan seconded the motion which carried 6-0. (F) Liquor, beer and wine package license request - Oasis Liquor Store. 3181 South Cobb Drive. John Patterson said that Sai Hyun Lee had applied ror a liquor, beer and wine package license for Oasis Liquor Store on South Cobb Drive. This will be a transrer of ownership and this location has held a license since 1972. The appliC;;:i.tion has been reviewed and.. the police investigation or the applicant was favorable. There was no opposition from the audience. Jim Hawkins said since this is a transfer or the license. the survey verifying distance requirements is not necessary and they are also grandrathered under January 5. 1987 - continued parking requirements. Jim Hawkins advised Ms. Lee that the City has started. at the Mayor's request. a new policy which is that the Alcoholic Beverage Committee will screen all applications prior to the public hearing but realized they had not been notified of the new requirement. Jim Hawkins made a motion the transfer or license be approved. subject to verification of the information submitted on the application by the committee. Jerry Mills seconded the motion which carried 6-0. Jim Hawkins asked Ms. Lee to call John Patterson following morning to establish a time and date for the meeting with the c ittee. (G) Beer and wine pouring license request - Oyster King, Inc., 2365 South Cobb Drive. John Patterson said that Mr. Charles Patrick Lanzo had submitted an application for a license to allow him to serve beer and wine at his new restaurant. formerly Little Miss Carol's Restaurant. The police investigation was favorable and there was no opposition. Mr. Lanzo said this would be a seafood restaurant and he had just sold a business in Kennesaw in February. His parents have been in the restaurant business since 1948 and have had 10 to 15 other restaurants during that time. Kathy Brooks questioned the number of parking spaces indicated in his application and Mr. Lanzo said the owners had told him there were 67 spaces available. Mr. Lanzo said he had read and understood the ordinances of the City. Kathy Brooks made a motion the application be approved subject to the Committee's review and verification or information submitted on the application. Jim Hawkins seconded the motion which carried 6-0. Mr. Lanzo was also asked to contact John Patterson about the time and date or the meeting with the committee. FORMAL BUSINESS: (A) Appointment of City Clerk. Upon the recommendation Dameron be appointed seconded the motion Attorney Camp. or Mayor Bacon. Jim Hawkins made a motion that Melinda City Clerk to replace Willouise Spivey. Jerry Mills which carried 6-0 and the oath or ofrice was given by (B) Fringe Benefits Resolution. Hugh Ragan said that as a result of changes in IRS tax laws. it is necessary for the City to adopt a resolution concerning vehicle use and read the proposed resolution as follows: BE IT RESOLVED by the Mayor and Council of the City of Smyrna that the City of Smyrna (city) does not maintain any vehicles. of any type. ror the private use of any city elected orficial or employee. All city vehicles are designated for ofricial use only and will be restricted to usage in the best interest of the City. Certain city personnel are required to utilize city vehicles ror commuting purposes and representation or the City at certain official functions. Use of these vehicles is only for the purpose stated and other non-official use is deemed personal and will be reported as taxable rringe income, accordingly. The transport of non-city personnel in these vehicles is prohibited unless there is an ofricial established purpose ror transporting them (i.e.. spouse accompanying or city guests). As a general rule, personnel required to commute will insure the availability or vehicles for general official use during city operating hours. During vacation periods or other absences rrom the City (other than approved orficial travel). personnel required to commute will insure vehicles are at the City location. available for use. Personnel required to commute in city vehicles are subject to taxes and social security withholding from their pay as the use of these vehicles has been determined to be a taxable rringe benefit. Personnel required to commute in non-personal use vehicles (i.e.. service trucks. police cars or clearly-marked rire vehicles). because they are on-call or cted to return to the City during non-operating hours. are exempt from the t able fringe benefit rules. However. they are still subject to the rule pertaining to transport or non-city personnel. January 5. 1987 - continued Hugh ~ag~n made a motion the resolution be adopted as read. Kathy Brooks seconded the motion which carried 6-0. BID AWARDS: (A) Brinkley building construction. John Patterson said that $30.000 haP. been budgeted ror construction or a new restroom/concession building at Brinkley Park. Charles Cook. president of the Smyrna ~ittle League has orfered to assist in the construction of the building and has secured many donated items including labor and materials. Kathy Brooks made a motion council approve the construction or the building with Charles Cook as a volunteer general contractor and that city staff be allowed to buy material as needed for constructiop or the building within the scope of funds budgeted. Jim Hawkins seconded the motion which carried 6-0. (B) Concrete mix. John Patterson said that bids were recently requested for ready-mix~d concrete to obtain the lowest price per cubic yard. The low bid received Was rrom Williams Brothers at $39.00 per cubic yard. Joel Harrell made a motion the low bid be awarded to Williams Brothers. Bob Davis seconded the motion which carried 6-0. (C) Stone Products and Sand. John Patterson said that bids were recently secured for ston~.p+:oducts and sand. Invitations were mailed tot.hreecompanies.withtworesponp.;i,ng. Upon the +:ecommendation or John Patterson. Joel Harrell made a motion the low bid be awarded to Allatoona Construction. Bob Davis seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) MacLean-Riggins requested a building permit for a warehous~ap.dition at 2381 Ventura Road at a total estimated cost of $80.000. Kathy Brooks made a motion the permit be approved. Hugh Ragan seconded the motion which carried 6- O. CONSENT AGENDA: (A) December minutes (B) Agreement with CSX Transportation Company Hugh made a motion the consent agenda be approved. Jim the motion which carried 6-0. seconded COUNCIL INPUT: Mayor Bacon wished-everyone a happy and prosperous new year and with no rurther business. meeting adjourned at 8:30 p.m. ******************** January 19, 1987 The regular scheduled meeting o.r Mayor and Council was held 19. 1987 at Smy+:na City Hall. The meeting was called to order at 7:30 0' p.m. by presiding of ricer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson. City Attorney Charles E. Camp. City Clerk Melinda Dameron. and representatives of the press. Invocation was given by Reve+:end Harris Fennell. pastor of the Smyrna Assembly of God. followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. Hugh ~agan read a proclamation in honor or the anniversary and presented it to Joe Lee Thompson. member of the club and several other members. Smyrna Lions Club 40th Paul Clayton. the oldest Jack Shinall read a procla;IIlat;i,on for "Hugs Not Drugs" month in February and presented it to Scott Anderson from Brawners Psychiatric Institute. Reports were given rrom Fire. Development p.epartments. Emergency Management. January 19. 1987 - continued PUBLIC HEARINGS: (A) Variance request for off-premise sign Springs Road and South Cobb Drive. Quicktrip Corporation. King John Patterson said that Wayne Sanders. representing Quicktrip Corportion was requesting this variance for an off-premise sign. Section 6-98 of the ordinance stipulates that in commercial districts. one business sign is allowed r property frontage. and must be located in rront of the building line. ktrip has been issued a sign permit ror a free standing sign which will be located on the front portion of the property facing South Cobb Drive. At the present time. Kingstowne Apartments has a grandfathered billboard type sign located on the King Spring Road side of Quicktrip's property but will have to be moved due to the widening of King Springs Road and also because of the City's requirement for a decel lane. There was no opposition to the variance. Mr. Sanders said the existing sign for Kingstowne Apartments is a large bill- board type and the new sign will be much smaller and more attractive. Joel Harrell said a new company had recently purchased Kingstowne and they were making quite a few improvements to the property. Joel said he thought this new sign would also be an improvement and made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (B) Variance request - side yard setback at 1381 Quarles Avenue. John Patterson said required side yard already been built. were sworn in by Mr. that Matthew Yagadics had requested a reduction on the setback from 10 feet to 0 feet ror a carport that has There was one person in opposition to the variance and all Camp. Mr. James Yagadics represented his parents and stated they were not aware that they were breaking any law when they had the carport built. There are several dirrerent homes adjacent to theirs that have similar structures and Mr. Yagadics presented pictures of his parents home and others on the same street with carports. Mr. Williams of 1370 Quarles Avenue said he was opposed because these lots are not large enough for a structure such as this. Mr. Williams said he told Mr. Yagadics in August of last year that there were code restrictions he would have to comply with before a carport could be built and he felt they continued with the construction knowing they were in violation of city codes. Mr. Williams said he also had a carport but his had been there for 25 or 30 years. before our zoning requirements were in efrect. Mr. Williams said the roof of Mr. Yagadics carport is sloped toward his house. causing the water to run off directly onto his property. Also. he thought one of the posts of the carport was actually on his property line. Mr. Williams requested that this variance be tabled until he could receive a plat of the survey he recently had done. After further discussion, Joel Harrell made a motion the variance be tabled to the next meeting until Mr. Williams could get his plat of survey and during the interim. he would meet with both neighbors to see if this problem could not be resolved. Bob Davis seconded the motion which carried 7-0. (C) Variance request - side and front yard setback at 2690 South Cobb Drive. Patterson said that Bobby Myer was requesting this variance ror his Smyrna Tire. ror a 52 x 40 canopy that has already been constructed. Permits were not issued. and the canopy was placed 5 feet from the front property line and 1 foot from the north side line. Thererore. a variance of 9 feet is required on the side and 45 reet on the front. There was no opposition. Mr. Myer aid by installing the canopy, he was able to remove two 40 root trailers an old building, which had' improved the appearance of the property. The canopy will be used only to protect them from the elements when they are changing tires and he would not have any outside storage. Mr. Myer said the old tires they take off cars are picked up three times a week. Max Bacon said this was tabled from the last meeting and at that meeting it was learned that the person who built the canopy did not have a business license. but he has since purchased one. Hugh Ragan told Mr. Myer that if he had not purchased a building permit already. he would be required to do so. January 19. 1987 - continued After f~rther discussion. Jack Shina~l made a motion the variances subject to a rine of $100 per vio~ation. for a tota~ fine of building permit also be purchased. Kathy Brooks seconded the carried 7-0. FORMAL BUSINESS: (A) Validation of signatures to annex property at 410 Lake Drive. Camp read an applicationror annexation of .68 acres in Land Lot 412 Dona~d P. Lummuss as fo~lows: We ~and undersigned. who constitute sixty percent (60%) or the OWll.erS or the by acreage oT the area. described below. which is unincorpg'!:"ated and to the City of Smyrna. hereby apply to have said area ann.exed into the of Smyrna under the provisions of the Code or Georgia Annotated. Sections 69-904 through 69-912 (Georgia Laws. Acts 1966. Pages 409. 410. 41~. 412. 41-3; ~97~. 399; 1976, Pages lOll. 1012; said property to be annexed being descr~bed as follows. to wit: All that tract of land lying and being in Land Lot 412 of the 17th District. 2nd Section. Cobb County. Georgia. being more particularly described as follows: Being Lot 1 of the J. Y. Wootton S~bdivision and beginning at the point on the north side of Lake Drive 450reet west of South Cobb Drive and thence running northwesterly a~ong the west line.of Lots Nos. ~. 2. and 3 or said subdivision a distance of 350 feet to an iron stake and the property of C. J. Huggins; now owned by T. L. Dickerson. thence running southwesterly along the <Dickerson property a distance of 146 feet to lot no. 2 of said subdivisiQn; thence running along the line of lot no. 2 in a northeasterly direction a distance or 356.5 reet to the north side of Lake Drive; thence running along the north side of Lake Drive a distance of 100 feet to the point of beginning. WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title. or his legal representative of 60% of the land area above described by acreage: s/DONALD P. LUMMUSS Jim Hawkins made a motion the petitiql1. be validated and the hearing set Tor February 16. 1987. Jerry Mil~sseconded the motion which carried. 7-0. (B) Appointment to Planning and Zoning Board. Bob Davis made a motion that Marion Wilhelm be reappointed.to the Planning and Zoning Board representing Ward 1. Jim Hawkins seconded the motion which carried 7-0. (C) Change in zoning stipulations at 1326 and 1322 Concord Road. John Patterson said the widening Qf Atlanta Road would have an impaqt upon the intersections of Concord/Spring and Atlanta Road to the pointthaot Concord Road would be widened up to Lee Street in order to provide an additional turn lane. These businesses at 1326 and 1322 Concord Road are on either side of the intersection of Lee Street and Concord. When both of these properties were zoned by the City several yearsagq.there was a stipulation that no curb cuts be allowed on Lee Street. The Department of Transportation that the City allow curb cuts QnLee Streets to allow a thrQl,lgh these properties. with an entrance only from onto Lee Street. Jim said this was a stipulation that when their property was zoned in an commercial traffic. The State is now to Lee Street and will not. install the stipulation is dropped. Jim Hawkins made Concord Road be allowed onto Street. seconded the motion. Arter cuts on Lee Street at 1326 would allow southbound the City Engineer. Joel tho~ght the State would make the cuts constrl,lction. Vote on the amendment and main January 19. 1987 - continued (D) Ordinance amendment - Home Occupation Licenses. John Patterson said that some or Home Occupation Licenses rind ways to control these impact upon the neighborhoods. time ago a moratorium was placed on the issuance and council has studied the ordinance to try and licenses so that they will not have an adverse said that in reviewing the ordinance. the Community Development found that they had one of the most stringent ordinances in the Also. they found that throughout the City there are only 20 or these currently issued. One thing the committee has recommended to tion is that we strictly follow the ordinance as rar as who can for a home occupation license. In the past. some license applications have been accepted which should have never reached council. Many of the problems we have encountered is not with people that have a home occupation license; the majority or the problem is with people operating businesses out of their homes illegally. Jack Shinall made a motion that Section 505.14 or the ordinance be deleted in its entirety and replaced with the following: (505.14) Home occupation licenses shall be granted on a calendar year basis ror one year only, subject to renewal by mayor and council at the first meeting in February or each calendar year. after review by the license committee. The license committee of mayor and council shall recommend to the full council such renewals as may be made without further application. such licenses as to which rurther information or reapplication should be required and such licenses which shall not be renewed. All new applications for home occupation licenses shall be considered only after payment to the City or an administrative investigation fee of $250.00. Kathy Brooks seconded the motion which carried 7-0. Jack Shinall made be n~unbered 505.17 the ordinance be amended by adding a new section to as follows: (505.17) Upon conviction of any violation of any section or sub-section of Section 505 et seq. Home Occupation. the fine shall be a minimum of $500.00. Joel Harrell seconded the motion which carried 7-0. BID AWARDS: (A) Heating and air conditioning maintenance contract. John Patterson said that recently, proposals were received rrom 3 companies for preventive maintenance on the 9 heating and air conditioning systems in our city buildings. Based upon the recommendation of John Patterson. Hugh Ragan made a motion the low bid or $1.600/year be awarded to J. R. Nichols Company. Joel Harrell seconded the motion which carried 7-0. (B) Five vehicles. John Patterson said that recently sealed bids were requested rrom 9 metro area dealers for a total of 7 trucks. Two of the vehicles. dump trucks. only had two bidders, or which the low bid was withdrawn and the other did not meet S irications. Based upon the recommendation or John Patterson, Joel Harrell a motion the low bid rrom Days Chevrolet be awarded for 5 of the trucks and that the bid for the 2 dump trucks be rejected and re-bid. Kathy Brooks seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Jerry Mills said that Miller Communications had requested a building permit for new construction at 1359 Spring Street where their existing of rice would be removed after construction. Jerry said he talked to Mr. Miller about the construction and asked him to modify the plans for the metal building to make the rront more attractive from Atlanta Road. but he had not heard back rrom him. Jerry Mills made a motion the building permit be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. CONSENT AGENDA: (A) NLC Conference of Cities - expenses from contingency. (B) Communication center organization restructure. January 19. 1987 - continued Jim Hawkins made a motion the consent agenda be approved. Kathy Brooks seconded the motion which carried 7-0. COUNCIL INPUT: Jim Hawkins said the E9l1 is being put in place and should be 9pgl;'ational March 1st and errective March 1st the communications center of the City will be under direction of the Emersgpcy Management Director. Jim said 4e thQught this would be a step forward f'or our city and the personnel in this department will be well trained to do a professional job. Jim Hawkins parked on the in putt;ing a council 4aving said there is quite a problem in his neighborhood wit4 street for indefinite periods of' time. Jim asked for stop to this problem and hoped it could be cl.eared to take any formal action. Mayor Bacon reminded everyone or the CMA quarterly meeting tomorl;'qw pightat Kennesaw City Hall. Mayor Bacon also expressed his appreciation to Senator Jim Tolleson ror his assistance with the LARP paving program. Theria.'\Aias sQme misunderstanding this year as to whether or not the cities or.~"t;~te would handle the contracts. Senator Tolleson also provided assistance in runding for re-striping of Spring and Concord Roads. With no rurther business. meeting adjourned at 9:10 p.m.