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March 9/16, 1987 Council Meeting March 9, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 9, 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 Joel Harrell. Also present was City Attorney Charles E. Camp, City Administrator John Patterson and representatives or the press. was given by Reverend York Chambliss. the pledge to the flag. Trinity Baptist Church. CITIZENS INPUT: Nothing to report. DEPARTMENT Commission. Reports were given by Public Works. Recreation and Library. Clean City PUBLIC HEARINGS: (A) Rezoning request at 981 Concord Road. John Patterson said that Bob Davies was representing Michael A. Perry in the rezoning of this lot rrom FC to LC ror an of rice in the existing single family residence. There was no opposition. There were no plans submitted with the application and Jim Hawkins made a motion this item be tabled until a definite plan was submitted. Jerry Mills seconded the motion which carried 6-0. (B) Variance request at 981 Concord Road. Jim Hawkins made a motion the variance at 981 Concord Road also be tabled. Bob Davis seconded the motion which carried 6-0. (C) Variance request at 2721 Ivanhoe Lane - front yard setback. John Patterson said that Gordon Gaddis had requested the variance to extend the living space in his home by adding an addition to the house and needs the variance to reduce the rront yard setback from the existing 36 reet to 25 feet. There was no opposition. Mr. Gaddis said they were increasing the size or the rront bedroom and adding a bathroom on the north side of the house which will extend 10' 8" beyond the existing front wall. A letter was submitted rrom the adjacent property owner stating he had no objections to t~ addition. With little discussion Jack Shinall made a motion the variance be approved. Kathy Brooks seconded the motion which carried 6-0. (D) Variance request - 3191 Lusk Drive - reduction in parking requirements. John Patterson said reduce the parking for the new shopp Since that require a The Urban 25.000 and feet. There that on November 3. 1986. council approved a variance to ratio from 5.5 spaces to 5.0 spaces per 1.000 square feet ter where McArthur's Concrete is currently located. has secured a good anchor tenant. but they will in parking to 4.5 spaces per 1,000 square reet. recommendation for shopping centers with between 400.000 square feet or rloor space is 4.0 spaces per 1.000 square was no opposition. Mr. Michael Savage represented eliminate the park about 100 spaces. included in the plans provide easier access pleasing. spaces to meet for the the developers and said if approved. they would e back side of the parking lot consisting or are really not needed. but were originally city requirements. The additional space will fire department and be more aesthetically Jim Hawkins made a motion the variance be approved from 4.5 to 4.0 spaces per 1.000 square reet or rloor . Jack Shinall seconded the motion. Hugh Ragan said he had some concerns this development because this is probably the busiest intersection in Smyrna and could not support the motion. Vote on the motion carried 5-1 with Hugh Ragan opposed. Mr. Savage thanked council and city staff for the cooperation he has received with this development. Jack Shinall also John Patterson to rollow through with a parking requirements study his committee. March 9. 1987 - continued (E) Zoning request at 1261 Hunter Street. John Patterson said that Jim Nichols was requesting that the 4 lots found at 1261 Hunter Street be rezoned from R-15 to Limited Commercial to allow additional buildings ror orfice space. The Planning and Zoning Board recommended the zoning be approved. There was one person in opposition who was sworn in with Mr. Nichols. Jim Nichols said he was buying these rour residential lots from and he would like to condense them to two lots for development building exactly like those racing Concord Road. Access is Concord Road and Mr. Nichols said he would like to have a Concord if the zoning was approved. One or the proposed buildings will Street and the other will race Concord Road. There will be one curb cut on Hunter Street ror an entrance only. Mr. Nichols said he had also agreed. at the request of one of the neighbors. to move the paved parking area to 50 feet off the residential line. The entrance rrom Hunter Street will also provide parking for the ball park during summer months and eliminate parking on the street. Ward Proctor office from Mrs. Bragley said she was told. that there would be no parking within 50 feet or her property and would oppose the zoning under any other circumstances. Jim Hawkins said it was his understanding that Mr. Nichols had agreed to place the paVed parking 40 feet off the alley between their property and she was also entitled to a 10 root buffer. Mr. Nichols said that Mrs. Bradley had indicated a prererence for a fence in the bufrer area rather than shrubbery and he was also willing to do that. Arter further discussion Jim Haw~ins made a motion the zoning be approved rrom R-15 to Limited Commercial with the following stipulations: I} No paved parking be allowed within 50 feet of Lots 37 and 38 lying in Land Lot 523 of the 17th District or Smyrna. being owned by the Bradleys 2) Both the entrance and exit to Hunter Street be designed in accordance with the City Engineer. Jerry Mills seconded the motion which carried 6-0. (F) Rezoning request RD-4. - property at Mann Street and Church Road from R-15 to John Patterson said that Church Street be rezoned and north is Mr. Ellard is 1400 square feet. The stipulations. There were sides were sworn in by Mr. Camp. requesting that this parcel on Property surrounging it to the to the west is Riviera Apartment duplex with each.unit containing about Zoning Board recommended approval with in opposition and representatives rrom both Jack back There was some discussion he woglg work with the City driveway in a safe location on Church Road and Mr. whatever was..reasible adequate water retention. said the Mr. 1065 spoke in opposition traffic in front of his for rezoning tonight. water . Tedrord house. which is said been adjace~t to the property being Jack opinion. told compatible Mr. to Ellard zoning he was requesting was not. in his the property. There have been numerous accidents at March 9. 1987 - continued well as ve and below which was the reason for wig-wag lig on Church Street at Flagler. We have had tion on Church Street and on Mann. where the grade or particular piece of property will cause a very derinitive the property that backs up to Stephens Street. Based on the storm water retention difficulty. non-compatibility to the . Ja all made a motion the zoning be denied. Jim motion h carried 6-0. (G) Beer and wine pouring license request - Pizza Hut. 3815 South Cobb Drive. John Patterson the appointed opposition. said that Walter T. Roper, Jr. had submitted an application agent for the new Pizza Hut at King Springs Plaza. There was as no Jack Shinall stated favorable. Mr. Roper license and had read beverages. Jack Shinall seconded the motion which the police investigation and administrative report was said he understood that he was responsible ror the erstood the city ordinance relating to alcoholic e a motion the license be approved. Bob Davis carried 6-0. (H) Liquor. beer and wine pouring license request (management change) - Smyrna Oakdale Moose Lodge #1917. 3780 South Cobb Drive. John Patterson said the Smyrna Oakdale Moose has held a license since 1984 and the previous license holder is now deceased. Mr. Vincent Abercrombie has submitted an application as appointed agent ror the lodge and will be manager. There was no opposition. Hugh Ragan said the favorable. Mr. Abercr beverage ordinance. license be approved. police investigation and administrative report was said he had read and understood the alcoholic ittle discussion. Hugh Ragan made a motion the lIs seconded the motion which carried 6-0. (I) Beer and wine pouring license request (management change) - Sizzler Steak & Seafood Restaurant. 2731 South Cobb Drive. The applicant was not present and Jack Shinall made a motion the license be tabled to the next meeting. Bob Davis seconded the motion which carried 6-1. (J) Inc.. Beer and wine package license request (management change) - Cartwheels. Cobb Center Mall. John Patterson said that Valerie Lynne Shoenberger had submitted an application as the appointed agent for Cartwheel's. Inc. Ms. Shoenberger is the bookkeeper for the company and will be responsible for subject license. There was no opposition from the audience. Ms. Shoenberger said would be responsibl adminis ive report Jerry M Is seconded th she had read and understood the ordinance and knew she Brooks said the police investigation and favorable and made a motion the license be approved. tion which carried 6-0. FORMAL BUSINESS: (A) Validation of signatures to annex property on Camp Highland Road. John Patterson said that Odell Stamey. Doris Stamey, James Kenneth Chadwick. Patricia Chadwick. Mr. & Mrs. W. H. Ferguson and Albert M. Ashkouti have requested the annexation of approximately 18 acres on Camp Highland Road. Attorney Camp read the application as follows: We the undersigned. who constitute sixty percent (60%) of the owners or the land area by acreage of the area described below. which is unincorporated and contiguous to the Cit . hereby apply to have said area annexed into the City of Smyrna he provisions of the Code of Georgia Annotated. Sections 69-904 through 69-912 (Georgia Laws. Acts 1966. Pages 409. 410. 411. 412. 413; 1971. 399; Pages 1011. 1012; said property to be annexed being described as follows. to t: tract or parcel of land lying and being in Land Lots 620. 621 and 677 h District. 2nd Section, Cobb County. Georgia. being more described as rollows and being known as 4500. 4596 and 4570 Camp ad: March 9. 1987 - continued BEGINNING at an iron pin pl~ced on the northwesterly corner Drive (SR280) (being a 200 foot'l"'tght or way) and Camp Highland a 60 foot right of way) and run)J-i.n.p :northwesterly along said or South Cobb Drive north 44 de.p~e.e.s 18 minutes 14 seconds west or 560.25 feet; thence north 86 <'l.eg'l"ee.l'; 15 minutes 00 seconds west of 164.11 feet; thence south 00 d,eS:rees 50 minutes 00 seconds west a of 193.63 feet to an iron pinfo-und on the north line of Land Lot 670; thence north 86 degrees 34 minutes 45 west a distance of 165~71>feet to an iron p'tn found; thence south 69 15 minutes 50 seconds west a distance of 807.30 feet to a point; thence south 46 degrees 02 minutes 47 seconds east a distance of 365.00 reet to an iron pin round; thence south 3$de.grees 21 minutes 30 seconds west a distance of 127.47 feet to an iron pi:n~et on the norther:Ly right of way line of Ga:y'lor Street (being a 40 foot rig'ht of way); thence continuing along said right or way line south 59 degrees 12 minutes 59 seconds east a distance of 87.95 feet; thence south 52 degrees 23 minutes 47 seconds east a distance of 178.<48 reet; thence south 43 degrees 33.m.inutes 31 seconds east a distance of 60.45fe.et to a point on the northerly right of way line Camp Highland Road; thence continuing along said riphtqf way line degrees 51 minutes 37. seconds east a distance or 211.18 feet; north 59 46 minutes 27 seconds east a distance or 80.63 fee.t; north 60 degrees 41 minutes 17 seconds east a distance of 137.63 feet; north 60 degrees 18 minutes 41 seconds east distance or 79.74 feet; north 59 de.grees 56 minutes 04 seconds east a 146.52 reet; north 58 degrees 34.minutes 27 east a distance .81 feet; north 59 degrees 30 minutes 30 seconds east a distance of 418.62 reet to an iron pin placed at point of beginning. Also. all that tract or parcel Or land lying and being in Land Lot.670 of the 17th I)istrict. 2nd Section. Cobb County. Georgia. and being more particularly described as rollows and being ~nown as 4571 Camp Highland Road; BEGINNING at on sout'h~rly right or way of Camp feetrrom corne'l"or.the intersection of Camp Highland Road; continuing thence along the southerly right Highland Road a distance of 164.4 reet to a point; thence distanc.e of 220.0 reet; thence nO'l"theasterly a distance of point; thence northwesterly a distance of 220.0 reet to a southerlY right of way of Camp Highland Road and point of beginning, 17th all that tract or parci$!l of. ..land lying and being in Land 2nd Section.. CohbCounty. Georgia. being.IDore as follows and being known as 4541 Camp Highland Road: 620 of the particularly iron pin; thence a point .on the..E>o"Ui:.ll~'l"lY right or way or Camp HighlanCl.Road 480 southwesterlyc:o'l"ne.r;<ofthe intersection of SouthCobpprive. .and continuingt.he.nce~long the souther'lY right of.W-9..yof Camp south 56 degrees 25<:!lli.nutes w.est a distance of 12,5. o "feet to an thence south 22 degrees 32 minutes east a distance of 343.0 feet; 55 degrees 00 east a distance of a distance of to point; thence distance or to point; thence west a distance or 177 to an iron pi.n way of Camp Highland Road point of beginning. minutes right of Also. all that tract or parcel or land lying and being in 620 and 677 of the 17th District. 2nd Sec:tion.Cobb County. Georgia. known as Camp Highland Road. being more particularly described as follows: the centerline being a of the centerline Dr Camp the southwesterly WHEREFORE. THE UNDERSIGNED HI!1.R]J;tJN"rO SET THEIR HANDS MAKE SAID APPLICATION FOR ANNEXATION.TO THE CITY OF SMYRNA. THEREBY W:ltness the signature of 60%6rthe electors resident in the area below: slODELL STAMEY. DORIS STAMEY. JAMES KENNETH CHADWICK; CHADWICK. W. H. FERGUSON. MRS. FERGUSON. described PATRICIA sig:nature of representative. title holders or the the land area above . or March 9. 1987 - continued S/ALBERT W. H. FERGU OUTI. ODELL STAMEY. JAMES KENNETH CHADWICK. PATRICIA CHADWICK. Hugh date O. Ragan made a motion the signatures be validated and the public hearing set ror April 6. 1987. Kathy Brooks seconded the motion which carried 6- (B) Appointment to C1ean City Commission. Bob Davis made a motion that Frank Vogel of 2683 Carolyn Drive be appointed to the Clean City Commission representing Ward 1. to replace Pete Paulsen. Jack Shinall seconded the motion which carried 6-0. BID AWARDS: (A) 20-year feasibility study for Library. John Patterson said a contracat was awarded October 6. 1986 ror this study but it did not work out and asked council tonight to approve the second 10w bid by Margaret Brown of Dalton. Georgia. These funds were secured through a state grant. Hugh Ragan made a motion the contract be awarded to Margaret Brown at a cost or $6.500 which will include 35 work days plus travel expenses. Kathy Brooks seconded the motion which carried 6-0. (B) Paving of Municipal Court parking lot. Jim Hawkins made a motion the paving contract for the court parking lot be awarded to the low bidder. JTR Enterprises at $6.580. Jack Shinall seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Wiring Professionals requested a building permit for an ofrice/warehouse at 2321 Benson Pool Road at a total estimated cost of $90.000. Kathy Brooks made a motion the permit be approved subject to the Certiricate or Occupancy not being issued until all requirements are met. Hugh Ragan seconded the motion which carried 6-0. CONSENT AGENDA: (A) 3-way stop signs at Bank and Fraser Streets (90 day trial period) (B) Approval of $21.359 for renovation to outside of annex building (C) February 1987 and November 1986 minutes Hugh Ragan made motion the consent agenda be approved. seconded by Jim Hawkins. Chuck said the minutes of the November 1986 meeting during the recorder's court appeal by Lynn Rolre contained too many remarks that were marked unintelligible and suggested they not be approved until some of these answers could be more clearly distinguished. Jack Shinall made a motion the November 1986 minutes be removed from the consent agenda. Bob Davis seconded the motion which carried 6-0. Vote on the main motion to approve the consent agenda carried 6-0. COUNCIL INPUT: Bob Davis reminded everyone that the E911 was now operational. In response to a question by Jerry Mills. John Patterson said the drainage study should be completed and presented to council by the end of this month. The engineer conducting the study has also ofrered to assist the City in construction or improvements by providing proriles on the creek near Flagler Circle and also provide for on-site inspection during construction. Jack Shinall said the City is currently involved in surveying and right of way acquisition for Phase III of the sewer rehabilitation in the Flagler Circle. Hughes Street area. Hugh Ragan thanked Rita Littlejohn ror filling in tonight in the absence of the City Clerk. Max Bacon said he had recently talked with some of the people in Ward 7 about the "trenching" of their yards and had asked Chuck Camp to come up with an March 9. 1987 - continued address this issue. Mr. Camp said the p:l:;'el5ently stirr ifenr9rced, and he was also working 9ndrarting this subjept particularly, which would make the young the actual damage they are doing and to be sure they make With no rurther business. meeting adjourned at 9:24 p.m. ******************** March 16. 1987 The regular scheduled meeting of Mayor and Council was held March . 1987 at Smyrna 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 . Also pre.sent was City<Attorney CharlesE, Camp. City Administrator John :p,gtterson. City Clerk Melinda Dameron and:l:;'epresentatives or the press. Invocation was given py Al Turnell. pastor of Smyrna First Methodist Church. followed by the pledge to the flag. Kathy Brooks read a resolution urging the Federal Government to n9t consider the request by Cobb County to sell their portion of the Dobbins surplus property which was conveyed to the City and County in 1976. Kathy.e,r()oks made a motion the resolution be approved with a copy to be mailed to C9ngressman Budd.Y parden. and Senators Nunn Fowler. Jerry Mills sepond.edi:4e m9tion which carried 7-0. Mayor Bacon ir the county has no intention of using their portion or the property the City would like to have it deeded. to them for construction of a new civic center. MaY9r Bacon presented an engraved plaque to Don Wix and other of the Smyrna Athletic Associati9niinappreciation or their involvement with our young people. The City's program is an excellent one and there were 361 young adults who participated this season. DEPARTMENT REPORTS: Reports were presented from Police. Management and Finance Departments. Fire. Emergency PUBLIC HEARINGS: (A) Rezoning request at 981 Concord Road. John said that Bob Davies is representing Michael A. Perry in their rezone this property fr9mFuture Commercial to Limitedq9mmercial. home is located on the property and plans are to modify it to an of rice. There was no opposition. the curb cut fence will the front as said the property was under contract for use the house for a c4iropractic office through providing paved parking. etc. Mr. Davies would be closed with ingress/egresss provided from be provided on the back of the property line with required. on Jim Hawkins said the Planning and Zoning Board had approved. and made a motion the zoning be approved from Limited Commercial with the stipUlations that at the time sold. or at the time the building is occupied as Limited paved parking be provided within 60 days; that a 6 foot erected along the back line; that the entrance Street be constructed in a manner agreeable with the City Mills seconded the motion which carried 7-0. (B) Variance request - 981 Concord Road - front and side yard John Patterson said that three variances were also being prop~rty just zoned by reducing the rront setback from 50 reducing the yard setback on the east side from 50 reet to reducing yard setback 9n the west side rrom 33 1/3 feet to Therewa.s no opposition. on the 40 feet; and by 20 feet. Mr. Davies conform to said the structure was built as a single family home and does not the setback requirements of a commercial zoning. The adjacent home March 16. 1987 - continued the still residential and requires a 50 foot setback. The ack yard is necessary due to the widening of Concord Road and the other variance is to meet requirements for developments on corner lots. Hawkins said in talking to the adjacent homeowner. he learned that he was coming berore council for a similar zoning and was not variance tonight. Jim Hawkins made a motion the variances be the stipulation that the variance will run with the existing the house is ever removed. any new structure will meet all setback requirements. Jack Shinall seconded the motion. Jim said he has been concerned with the number of variances on Concord Road. including these .d he would like to go on record as being in favor of any than Limited Commercial being required to meet all requirements of the code. The request by Mr. Davies tonight however. has been done time and time again on Concord Road and it is only fair to the owners of this property that they be treated in a like manner. Vote on the motion to approve the variances carried 7-0. (c) Rezoning request Office/Distribution. 3855 South Cobb Drive from General Commercial to John Patterson said that Vaughn Wilburn is requesting that this property be rezoned from GC to OD for development of a 50.550 square root mini warehouse project around and behind the Quiktrip on the corner of this location at King Springs and South Cobb Drive. There was no opposition. Mr. Wilbur said he was president of Fabrication Analysis Construction Team. Inc. and they specialize in building and construction of mini-warehouses. In 1985 they were the leading builder in the nation in terms of square footage and last year were nominated as builder or the year in the self-storage racility industry across the nation. Mr. Wilbur said they were not aware of the past history or this property or knew why it was zoned General Commercial but knew there was a ruture planning map in City Hall that shows this area prior to being zoned General Commercial. as being used exactly as they were proposing tonight. The land use map shows this property as being Office/Institutional and since there is no Office/Distribution category on that map. were told by a representative at Hensley-Schmitt that mini- warehouses would rit in the O&I category. Joel Harrell told Mr. Wilbur that O&I and OD were two entirely difrerent categories. John Zimmerly with FACT presented aerial maps. census tract information. etc. to indicate the market for mini-storage in this particular area of South Cobb Drive. Mr. Zimmerly said mini-storage thrives on apartment dwellers and it was apparent from driving through the apartment complex adjacent to this property that the residents there were in desperate need of storage and this site is conveniently close to them. Mr. Zimmerly said the future land use plan prepared by Hensley-Schmitt designates this area as O&I and according to Ken Heiserman with Hensley-Schmitt. that includes both the categories in zoning or OD and O&I. Mr. Zimmerly said the current use and zoning was not in compliance with the future land use plan. Jack Shinall stated that Ken Heiserman had been removed as the general engineer handling this project and the O&I category does not contain mini warehouses. This was a word or mouth statement rrom the engineer who had been removed from the land use plan portion of the study and they were totally wrong in assuming that OD is a part of O&I because it is not. and it is distinguished clearly by our ordinances. Joel Harrell ror council accordingly. also stated and does not that the land use plan is no more than a guideline mean that they are bound to make zoning decisions Dick Rubin. one of the owners of the property said in May 1986 they purchased the property and it was zoned GC. They had originally anticipated putting a shopping center on the 4 acres but due to the growth in Smyrna. there was not a market ror a shopping center of that size. They were then contacted by Quiktrip about a new store at this location and the owners then relt that by cutting down on the size of the shopping center it may generate some interest. They also considered an automotive service center but again there was not sufficient interest. They now felt that the mini-warehouse development may be the best use or the property to provide adequate storage facilities for residents or the apartments. Mr. Rubin said he had read the minutes of the council meeting where the property was zoned General Commercial and was ramiliar with the stipulations on the development. March 16, 1987 - continued Jack plan use the very not lend of the OD classification on the land use perhaps council felt the ruture land OD. have also do. in fact. have mini-warehouses in the City in his judgment. was not not best suited for compatible with surrounding properties. Also. Meroney gone on record in writing as opposing this rezqI'ling and we rrom him stating his opposition. The Planning and Zoning Board denial of this request. the some discussion about three variances also on theagencia for tonight and Mr. Wilbur said they would be willing to withdraw on the side adjacent to Quiktrip. Joel lIa.irell said that on February 23. 1987. the Planning and Zo:n:i..ng.~oard had recommended denial of this zoning; also a letter was received. frgtllQuiktrip stating their opposition to the proposed zoning and insomuch as council saw fit 15 months ago to rezone this property to General Commercial center made a motion the rezoning to OD be denied. Jim Hawkins seconded the motion carried 7-0. (D) Variance request at 3855 South Cobb Drive. The Cobb three variances requested for. development or mini-warehouses at 3855 South were not heard due to the zoning denial. (E). .. .Rezqning request Cooper Lake Road west or King Valley Road from Office/Institutional to R-12. said that Mr. rezoned from O&I and east is R-20 recommended the zoning Robert White is requesting that for construction or 62 to the south and west. be denied. There was no opposition. acre to and Ann property. said his construction company was Venture Homes. Inc. and he has Smyrna for about 8 years. currently building on Nickajack Road at They desire to build single-ramily residential homes on this It is a rough piece of property with the railroad bed On the south use plan was prepared for R-12 which would yield 63 homes. that plan to and Zoning they did not reel .that was a and Hugh a higher zoning would The plans to R-15 which of . Mr. White the reasons for 12 was and houses away rrom the railroad also of the lying lots. Mr. White said also later on ir the Ragan said he was approve variances on he realized he had a be willing to work . Mr. White said he was providing more buffer increase the density or were going to build the same the zoning. Homes will range from $140~OOO price range. Mr. to tonight from a guarantee that 15 development. track and make that houses more bed and was not the house. Mr. White pric;:e . house. regardless or square.feet in the $109.000 to Hugh Ragan said we need to protect the integrity of the neighborhood and keep sqmetlling that is consistent with the surrounding area. Hugh also reminded Mr. White that water arid sewer service would be provided by the county. Hq.ghltagan made a motion the zoning be approved from with the following stipUlations: 1) 2) contain a minimumo:f1800 square reet of heated rloor space to provide consistency and in the area 3) and sewer service be approved by Cobb County March 16, 1987 - continued 4) Site plan be approved by the City Engineer to ensure that city ordinances are complied with and that provisions are made ror sare ingress and egress into the development. Jerry Mills seconded the motion which carried 7-0. (F) and wine pouring license request (management change) - Sizzler Steak Restaurant. 2731 South Cobb Drive John the a police opposition that William E. Hassell has submitted an application as fizzIer Steak Restaurant where he is the manager. The on administrative check were favorable. There was no rrom the audience. Mr. Hassell said he was r City and realized he woul no previous problems at made a motion the license carried 7-0. liar with the alcoholic beverage ordinance or the responsible ror it. Mr. Hassell said he has had this location. With little discussion, Jack Shinall be approved. Kathy Brooks seconded the motion which FORMAL BUSINESS: (A) Ordinance revision - Section 19. Soil Erosion. Sedimentation Control and Tributary Protection. John Patterson said we have been mandated by the State Environmental Protection Division to modify our ordinance to reflect "Cobb County District" where ever it says "Smyrna" in the Soil Erosion and Sedimentation Control and Tributary Protection ordinance. The particular soil and water conservation districts are not by city. but by county or regions and thererore. our code needs to say Cobb County District whererver it says Smyrna because this is the basin area we are in. Joel Harrell made a motion the following ordinance amendments be approved: Section 19-2 (18): By replacing "Smyrna" with "Cobb County District" throughout said section. Section 19-10: By adding a new Section 19-10 to read as follows: (a) EFFECTIVITY. on March 21, 1977. This article (Ordinance No. 85-10) shall become errective (b) VALIDITY. Ir any section. subsection. paragraph. clause. phrase. or provision or this article shall be adjudged invalid or held unconstitutional, such decisions shall not erfect the remaining portions or this article. Section 19-3: following: By deleting Section 19-3 in its entirety and replacing with the SCOPE AND activity un lands. except EXCLUSIONS: This ordinance shall apply to any land-disturbing by any person on any lands other than Federal and State rollowing: A. "Surrace mining." the "Georgia Surface hereafter amended; as same is derined in sub-section (a) or Section 3 of Mining Act of 1968" (Ga. Laws 1968. p.9) as now or B. Granite quarrying and land clearing for such quarrying; C. Such minor land-disturbing activities as home gardens and individual home landscaping. repairs. maintenance work and other related activities which result in minor soil erosion; D. The construction of single-family residences when they are constructed by or under contract with the owners ror this occupancy; E. Agricultural practices involving harvesting of products of the rield p forestry 1 management po operations. 1 vestock and con f rarm buildings; the establishment. cultivation or or orchard. preparing and planting or practices, including harvesting. rarm poultry management practices. and the March 16. 1987 - continued F.. . <ArlYcprOject carried out t1Jl.4el:'. t-he technical supervision of the Soil Conservation Service of the United States Department of Agriculture; G. Any project involving one acre or less; provided. however this ex~~ption shall not apply to any land-disturping activity within 200 feet of thiepank of any State waters and ror purpOseS or this paragraph, 'state waters '. excludes channels an4 drainageways whichb.;;nl'~W<;iter in them only during and<i1llll'lediately after rainfall events and intermittent streams which do not havewal:.er in them year round; provided, however. that any person responsible ror a project which involves one acre or less. whiC::l1:inyplves land-disturbing activit-Y,iand which is within 200 feet of any such exclUi;led c::hannel or drainageway m14st-prevent sediment from moving beyond the boundaries of the property on which such project is located. H. whole mainten<;inceprqjects. or both, undertaken or f:i1'l<;inced in or both, bythg:O~partment of Transportation.. ... the Georgia Or the Georgi;;(..TollwCl.yAuthori ty; or any road c::91'lSt-ruction project. or both. ..undertalten by any county or municipality; or and maintenance. or e.ither, by any water or sewerage. authority established by the General Assembly or this state; provided. however. that such projects shall conform to the specifications used by th~:o~partment of Transport<;ition for control of soil erosion and sedimentation on its highway construct-on projects; or I. Any land-disturbing activities conducted by any airport authorit-y, but any such l<;ind...disturbing activity sha1-1 conform as may be reasible and practicable to the minimum standards set forth Section 5 of this ordinance; J. AnY land-4'lsturbing corporation. municipal regulatpl:'Y j-y.r'lsdiction of disturbing activity shall minimum standards set forth in conducted by any electrical or any puplic Service Commission. may be feasible and Section 5 or this ordinance. mempership under the any such land- practicaple to the Section 19-4(d)(1)(c): throughout said section. Replace "Smyrna" with "Cobb County District" Section 19-4(B)(4): said section. Replace "Smyrna" with "Cobb County District" throughout Bob Davis seconded the motion to approve the amendments which carried 7-0. Mayor was Bacon said that item 5-B. revision to Section 712.4 or the ordinance, removed rrom the agenda. (A) Police Vehicles. John Patterson said that depart-~ent. Three bids State Contract price. Hawkins made a motion $10,900 each which is seconded the motion which bids for 6 new vehicles were from Wade Ford. Based recommendtion of the be awarded to Wade Ford, only 3% above the state contract carried 7-0. (B) PA system for Judicial Building. John Patterson said a new Syste~ WaS necessary the n~"jr,Ti.c::o'l;!.rtroom and recommended the low bid be awarded. Jim Hawkins made a motion the low bid of $1.770 be awarded to Northside !51ectronics to be paid from the.Contingency Fund. l(:<;ithy Brooks seconded the motion which carried 7...0. COMMERCIAL BUILDING PERMITS (A) Jerf and John Long requested a building permit of rice medical condominium at 3452 South Cobb Drive $1, Jim Hawkins made amotion the building Ragan the motion which carried 7-0. or an cost of . Hugh (B) on motion the carried 6-1. & Laws requested.apuilding permit for the at a total esti~ated cost of $2.735.000 building permit be <;ipproved. Hugh Ragan with Joel Harrell opposed. center made a which March 16. 1987 - continued (c) Pinkerton & Laws requested a building permit for construction at the site of the new shopping center on Lusk Drive at total estimated cost or $356.000. Jim Hawkins made a motion the permit be approved. Jerry Mills seconded the motion which carried 6-1. with Joel Harrell opposed. (D) Pinkerton & Laws requested a building permit for construction at the site of the new shopping center on Lusk Drive at a total estimated cost or $570.000. Jim Hawkins made a motion the permit be approved. Jerry Mills seconded the motion which carried 6-1. with Joel Harrell opposed. CONSENT AGENDA (A) 4th or July rireworks display (B) Civil Service Board - fire personnel classirication (C) Parade permit and street closing for Jonquil Festival (D) Blocking of Bank Street on April 4th (E) Restriping of Concord. Benson Poole & Cherokee Road Kathy Brooks made a motion the consent agenda be approved. seconded by Hugh Ragan. Jim Hawkins said he did not remember seeing item B and was not familiar with it. After discussion. Jack Shinall made a motion that item B be removed from the consent agenda. Bob Davis seconded the motion which carried 7-0. Joel Harrell then made a motion that items A. C. D and E on the consent agenda be approved. Jerry Mills seconded the motion which carried 7-0. COUNCIL INPUT Jack Shinall said the workshop with the Planning and Zoning Board last weekend was very beneficial and he would like to follow through with specific guidelines to pass on to the Board and re-establish the planning process to aid council in moving ahead. Kathy Brooks also said it was a very productive session and she looked rorward to working more closely with the Planning and Zoning Board. Hugh Ragan said we do have a new court room and are in the process of developing a new court system. Hugh asked those that have not already done so. to stop by and see the newly renovated building. Hugh Ragan also reminded everyone the new 911 system is in operation and encouraged everyone that needs emergency assistance to use it. Mayor Bacon said the restriping of Concord Road was approved on the consent agenda tonight and we will also install reflectors. Mayor Bacon asked John Patterson to meet with Georgia Power and work up the cost ror street lights on Concord Road all the way to Hurt Road. Mayor Bacon reminded everyone that on March 26th Thea Powell would be here ror a town hall meeting to discuss issues pertaining to the city and county. Mayor Bacon congratulated SAA again ror the rine job they are doing. We have some good youth associations and council has some ideas about recognizing these other groups. With no further business. meeting adjourned at 9:51 p.m. M. HAWKINS. WARD 4 HUGH