July 6/20,1987 Council Meeting
July 6. 1987
The regular scheduled meetin.g of Mayor and Council was held pursuant to the
Charter on July 6. 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 ~x~ept for Jerry Mills. Joel Harrell and Kathy Brooks.
Also present was City Administrator John Patterson, City Clerk Melinda
Dameron. City Attorney Charles E. Camp and representatives of the press.
Invocation was giv~n by J. W. Frady.
followed by the pledge to the flag.
pastor of Calvary Baptist Church.
CITIZENS INPUT:
Nothing to report.
Jack Shinall said there were several people in the audience tonight concerning
item 8 (B) on the agenda. the stop sign at Bank and Fraser Street and he would
like to go ahead ap.<iacton that. Jack said the 3-way stop sign at Bank and
Fraser was placed there for a 90 day trial period and he had advised people in
the area that he would b~asking their feelings about the sign and asked if
anyone in the audience had <an.Y comments.
Olen Pressley of 9713J3c:tIl:lc.$treet said he was probably the biggest beneficiary
of the sign. He has two small children and the sign slows traffic enough to
where they now feel it.is\safefor them to go into the yard. Mr. Pressley said
there have been several accidents at the intersection. with one of our police
vehicles being involv~din an accident approximately 2 years ago. Mr. Pressley
said he was speaking f9r all the neighbors in the area and urged the City to
keep the sign up.
Jack Shinall
Police Department
it is too close
Broyles said there
removed. he would
activate the blinking
was placed there after recommendations from the
Works department that it not be installed because
sign at Bank & Sanford at the top of the hill. Vic
other ways to slow speeding and if the sign is
signs warning cars of poor visibility and also re-
light.
Jack Shinall said realizes the traffic is a problem for people living
directly in front of the intersecton but he is charged with protecting the
entire area and out 200 responses to his letter, only 11 people were in
favor of keeping the sign. Jack Shinall said the 3-way stop sign would be
removed and other meaSures taken to slow traffic and protect people living at
the intersection.
Mayor Bacon
hospital having
of town.
Harrell was on vacation. Jerry Mills is in the
kidney transplant. and Kathy Brooks was called out
DEPARTMENT REPORTS:
Recreation and Library.
were given from Public Works.
Parks and
PUBLIC HEARINGS:
(A) Rezoning request by RCCInvestment - property at Spring and Campbell Road
from Future Commercial to General Commercial.
Bob Davis said he had been on vacation and had not had the opportunity to meet
with Bob Crim of RCC Investments and review their proposal. and made a motion
this be tabled to the July 20th meeting. Jim Hawkins seconded the motion which
carried 4-0.
(B) Rezoning
Limited
- property at Concord and Hurt Road from
Hugb Ragan
bad agreed
Woods
Davis
. Long just before the meeting tonight and he
time to talk to residents in the Bennett
a motion this be tabled to July 20. Bob
4-0.
(C) Variance request reduction in number of parking spaces for shopping
center development at 6550 Concord Road.
John Patterson said that Boyd Hagood is requesting a variance to reduce the
required n~l:>er of parking spaces from 5.5 to 4.89 spaces per 1.000 square
feet for d~y~lopm~nt of a new 15.000 square foot shopping center at the old
Soutb~rn :eel 1, facility. Previous cases have indicated that 4.5 spaces is
sufficient for a shOpping center of this size. There was no opposition.
July 6. 1987 - continued
Mr. Hagood said his shopping center would be built in conrormity with the
Kroger shopping center to the rear and the owners of that property have given
him a cross parking agreement. Krogers felt this development would facilitate
the flow of traffic into the center since they will be tied together. Mr.
Hagood said the nature of business of his tenants would require only short-
term parking. The shopping center will consist of two buildings connected by a
canopy with very attractive landscaping and they will also provide an
acceleration/deceleration lane on Concord Road.
Jim Hawkins made a motion the variance be approved to reduce the parking to
4.89 spaces per 1.000 square feet with the stipulations that an
acceleration/deceleration lane be provided on Concord Road and the curb cuts
conform with the City Engineer's requirements. Jack Shinall seconded the
motion which carried 4-0.
(D) Variance request
Pinehurst Drive.
side yard
setback
for
addition at 1195
carport
John Patterson said that Janice Jackson is requesting a reduction in the side
yard setback from 23 1/3 feet to 8 feet to facilitate a carport/screened porch
addition to her home at 1195 Pinehurst Drive. An existing carport has been
removed and rebuilding of the structure requires a variance to conform to our
existing ordinance. The screened porch addition will be on top of the carport.
There was no opposition.
William Jackson said several years ago the driveway had been dug out and a
carport constructed at the basement level of the house. The carport has now
been removed and they would like to rebuild it. with a screened porch
addition. Mr. Jackson said they did not realize a variance was required until
the contractor came to buy his building permits.
Jim Hawkins said he had no problem with the variance since they are only
asking to re-build the structure that has been there for several years. and
made a motion the variance be approved to reduce the side yard setback from
King Springs Road to within 8 reet or the right of way. Jack Shinall seconded
the motion which carried 4-0.
FORMAL BUSINESS:
(A) Approval to
Concord Road.
alleyway behind J. R. Nichols property on
15
foot
convey
John Patterson said that Jim Nichols has acquired the Ward Proctor property on
Hunter Street for construction of an orfice building. In acquiri.ng this
property. he also acquired a small triangular piece of property which is
behind a 15 foot alleyway from the Proctor property. Mr. Nichols now owns all
the property surrounding this alleyway and has asked that it be deeded to him.
Jim Hawkins made a motion the alleyway lying behind Parcel 33 in Land Lot 523
adjacent to the small triangular lot to the rear as shown on the plat be
deeded to Mr. Nichols to connect these two lots. provided Mr. Nichols pay all
legal fees involved. Jack Shinall seconded the motion which carried 4-0.
(B) Request
Center.
to extend working hours for renovation at Belmont Hills Shopping
Jack Shinall said when this request was brought before council July 6th. the
contractor, Scoggins. Inc. was requesting approval to work 24 hours a day at
the shopping center. by removing the old facade and replacing it with a new
system. Jack said he has met with the contractors and owners of the shopping
center and they feel they can get the job done by working until midnight. Jack
said the shopping center does not abut any residential property except on the
north end and they have agreed to do that work during daylight hours. Jack
said there is a definite safety problem with demoliton during the day and made
a motion Scoggins. Inc. be allowed to work at the shopping center from 7:00
p.m. to midnight. Monday through Friday; 10:00 a.m. to midnight on Saturday.
with no Sunday work. for a 90 day period. Jim Hawkins seconded the motion
which carried 4-0.
BID AWARDS:
(A) Maxi-sweep pool vacuum.
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1600 Parhvood Circle
Suire 300
Arlan~ 30339
404-952-91
July 17. 1987
Mr. John Carlin
o Sleepy Lane
rna. Georgia 30
RE:
Buffer behind
o Sleepy Lane - Atlanta Road Property
Dear 11r. Carlin:
I preciate you
1 night. \>Je
concerns. We ag
your concerns rega
ur wife takin
good nei
e following
our proposed
time to talk with me
ors and answer your
items as a result of
rezoning.
1)
8' ft. high solid wood fence, the
e agreed upon by your wife and
e architect~ The fence is to
minimum of 25' ft. into our
the common p~operty line to act
screen.
2)
the fence and the common
to be planted with two (2)
of bushes
3)
shes and/or trees are to be placed
manner between the fence and the
of our 75' ft. buffer so as to
headlights from cars in the parking
above.
We agr to these i if our proposed re-zoning is approved.
and we pe you will see fit to support us with these above
condit~ons added.
Sincerely.
'\...tJ . '/ 9 ~
W. Daniel Faulk. Jr.
President
WDF : mm
July
1987 - continued
JOEL HARRELL. WARD 2
~~/??,~
VES M. HAWKINS; ARD 4
KATHY BROOKS. WARD 6
A. MAX BACON. MAYOR
,.-/ --,~
/, 'J /""
JE~~~~Z~r~ 3
t./ /_....-p-~
. //1
(;:ifJ"?>l/(jl..~ )
". " ,
July 6. 1987 - continued
John Patterson said that only one vendor sells this product which will provide
easy access and portable vacuuming of our 3 city pools. Bids were received for
the gas engine and electric engine models.
Jim Hawkins made a motion the bid of $3.142 be awarded to Maxi-Sweep for the
electric engine model, Hugh Ragan seconded the motion which carried 4-0.
(B) John Deere 710:Bbackhoe.
John Patterson said ~~e Public Works department is in need of a new backhoe
for the Street Department and three bids were recently received. Jack Shinall
made a motion the low hid of $66,700 be awarded to Metropolitan Tractor. Bob
Davis seconded the mot:i.on<which carried 4-0.
COMMERCIAL BUILDING PERMITS:
Nothing to report.
CONSENT AGENDA:
Jack Shinall made a motion the June minutes be approved as submitted. Hugh
Ragan seconded the motion which carried 4-0.
INPUT: Jim Hawkins commended the Parks and Recreation Committee and
for the good jqbonthe 4th of July. Jim said the turnout was good. in
of the rainy weat"h~r....Jim also asked everyone to remember Jerry Mills in
prayers. who will.be having a very serious operation tomorrow.
COUNCIL
staff
spite
their
Jack Shinall
transplant. Jack
article about
we do have to
ordinances and
for their
of a response
department head
Mills well; this will be his second kidney
had a lot of response from the recent newspaper
the City and we are going to work on that but
legal process. We will have to adopt some new
forward with them. Jack also thanked everyone
stop sign and said he has never had this high
Jack said we would also be contacting each
our employees obey the speed limits.
Hugh Ragan
provide the
commended the parks
also wished Jerry
that we have a newly adopted budget which will
expect with no tax or fee increases. Hugh
efforts in the 4th of July festivities and
his operation and recovery.
With no further
adjourned at 8:27 p.m.
************************
July 20. 1987
The regular meetillgofMayor and Council was held July 20. 1987 at Smyrna City
Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor A.MaxBacon.All council members were present. Also present was
City Administrator John Patterson. City Attorney Charles E. Camp. City Clerk
Melinda Dameron and repr~sentatives of the press.
Invocation was
Patterson. followed by the pledge to the flag.
and Evan Wix who will be representing the south
Olympics in Provo. Utah next month.
pollution
of the street
there to stop
touch with her.
of 3530 Creatwood Trail asked for the removal of
front of her home and said it has caused a lot of
Jones said the main problem there was the condition
which needs repaving. Joel Harrell said the sign was placed
speeding. but.. they would take another look at it and get back in
DEPARTMENT REPORT13:Report.s were given by Fire Chief Larry Williams and
Building Inspector Scott STokes for the Community Development Department.
(A)
Jane
of 13 parcels in Land Lots 700 and 741 at Atlanta Road and
July 20. 1987 meetinR - continued
John Patterson said the legal description for this property which totals
26.558 acres was read into the minutes of the June 15th meeting. A total of 13
parcels are being combined for future development of an apartment complex.
There was no opposition and Dan Faulk and John Williams with Post Properties
represented the applicants.
Joel Harrell said the next item on the agenda deals with the possible rezoning
of this property and in order for him to address the comments he was about to
make he would also have to address the rezoning. Joel said this acreage is
comprised from 13 individual property owners and annexation and rezoning from
residential to RM-12 has been requested for development by Post Properties.
Joel said he had no problem with Post Properties or the developments they have
in the area which are all first class. but he did have a problem with the land
use for this area. which is the real issue being considered. Because of this.
Joel said he could not. in good conscience. support the annexation and then
debate the rezoning. For that reason. Joel Harrell made a motion the
annexation be denied. Motion died for lack of a second. Jerry Mills then made
a motion the annexation be approved to be made a part of Ward 2. the legal
description having been read and made a part of the June 15th meeting. Jack
Shinall seconded the motion which carried 6-1. with Joel Harrell opposed.
(B) Rezoning request for 26.588 acres in Land Lots 700 and 741 at Atlanta
Road and Jane Lyle Road from R-20 to RM-12.
John Patterson said this is the property soon to be owned by Post Properties
to be developed for an apartment complex consisting of 319 units. They have
complied with all city codes including buffer requirements. etc. To the north
of this property is Neighborhood Shopping with R-30 to the east, R-15 to the
west and south. This is an area in transition and there is some apartment
development underway to the north of this tract. The Planning and Zoning Board
recommended approval with several stipulations. There was no opposition.
Dan Faulk with Post Properties said they were proposing a 319 unit apartment
development which will be comprised of all 1- and 2-bedroom units. The amenity
package will be on Atlanta Road away from the residential area. The community
will be heavily landscaped and they felt would have a positive effect on the
neighborhood. They had met with the neighbors on June 18th and the primary
concerns then were the possibility of opening up Argyle Drive and that
adequate buffers be provided. Mr. Faulk said they made it clear that Post has
no intentions or desire to open Argyle Drive and since the meeting that night
they have amended their original plans to provide a 75 foot buffer adjacent to
the residential areas instead of 35 feet that was shown on the original plan.
The main entrance will be on Atlanta Road with another entrance on Cumberland
Drive. They need the entrance on Cumberland Drive because the State is
planning to widen Atlanta Road and install a raised median and they have
indicated that a median cut would not be provided at this intersection.
Because of that. they need the access from the Cumberland Drive side. Mr.
Faulk said they felt this was the highest and best use for the property and
would have the least impact on the surrounding area.
John Williams stated there is a gas line easement along the north side of
this property and they would not have any construction north of the easement.
The homeowners at Argyle Estates will have the advantage of the 75 foot buffer
in addition to this easement. which will provide them with a very substantial
buffer.
During discussion there were several people in the audience who had questions
and Gerald Sarns was then sworn in along with Dan Faulk and John Williams. Mr.
Williams said his company had a very close feeling about the City of Smyrna
and they hoped they had been good neighbors. In terms of land use for this
property. the staff at Post has worked very hard to be sure they have a
quality plan that addresses the buffers. traffic conditions and other concerns
expressed and they felt that most of those concerns had been satisfied.
Mr.Williams said the widening of Atlanta Road would change the character of
the area and felt that single family residences would disappear over a period
of time and it was important to attract quality developments along Atlanta
Road. Mr. Williams said he felt his development would set the tone and
solidify the commitment to quality.
Gerald Sams. a resident of Cumberland Drive expressed his opposition to the
entrance on Cumberland Drive which is a residential section. There was also
some concern about Cumberland Drive/Jane Lyle Road being included in the
annexation petition and Jerry Mills stated it was our standard practice to
July 20. 1987 - continued
include contiguous roadways in our annexations to give our police department
jurisdiction. Arter further discussion about the curb cut on Cumberland Drive.
John Patterson said he felt that the State would abandon that part of
Cumberland Drive when the Ridge Road extension was completed. John Williams
said if the State would give them a median cut at the development. the
entrance on Cumberland Drive would not be necessary but they cannot get a firm
commitment from the state and they need to finalize their plans for
construction.
Lee Browning. a res~dent or Jane Lyle Road said she agreed that Post built
quality developmentsbut.sbe objected because it would be in the front yard or
four homes on Jane Lyl~Roadand their plans do not reveal the impact it will
have on them due to the close proximity.
Tom Harper asked for a clarification of the buffers. Dan Faulk said they will
provide a 75 foot natural buffer and in some areas where it may be sparse.
they will actually supplement the buffer. with approval or the city.
Joel Harrell thanked Post Properties for working with residents in the area
and stated again that he had no negative feelings towards them. but he did not
feel this was good landl.ls~ for the property. Since it abuts residential on 3
sides. some people CQl.lld... cp.nstrlte this as spot zoning and he was concerned
about the erfect itwPli,J..d"ha,Yeon surrounding home values. In addition. there
are still a lot or unanS"lVl;!.re<iquestions about the fltture of Atlanta Road. The
Planning and Zoning :eoarddid recommend approval but the Future Land Use map
or the City shows th;i.s<area remaining R-20. For those reasons. Joel Harrell
made a motion the zoning be denied. which died for lack of a second. Jerry
Mills then made a motion the property be rezoned from R-20 to RM-12 for
construction of 3T9.p-:pp-rtment units with the stipulations that a 75 foot
bufrer and 6 footol?~q'l..t~.fence be provided adjacent to residential property.
with no aCcess toA'l;'gyl~I)riye. and that a letter to John Carlin. 3320 Sleepy
Lane from Dan Faulk cpnc~rning the bufrer behind his home be made a part or
the minutes. Also that ~n exit be allowed rrom Jane Lyle Road engineered to
allow right turns onlyou.t or the development. Jim Hawkins seconded the motion
which carried 6-1. with Joel Harrell opposed.
(c) Rezoning request by RCC Investment - property at Spring and Campbell Road
rrom Future Commercial General Commercial.
John Patterson
rezoning of the
in May 1986 and he
shopping center.
the east and south
Crim with RCC Investment was requesting
and Campbell Road. This zoning was denied
the same zoning tonight for construction of a
the north is Office/Institutional with R-20 to
the west.
There were 5 or 6 whor~<ised their hands in opposition and three spokesmen for
the group were sworn i.n w~th Mr. Crim. Mr.Crim said the plans they were
presenting tonight was the culmination or about 18 months work and meetings
with area residents. They :proposed to build a shopping center consisting of
approximately 72.000 square feet.'" Spring Road will be widened along the entire
rrontage to add an acc~leration/deceleration lane. There will be one curb cut
on Spring Road anq a curb cut from Campbell Road at the rear of the property
for the loading area~/Thiscurb cut will be turned so that only a right hand
turn can be made fortrucks.that might attempt to come in from the other end
of Campbell Road. There will be no thru-traffic at the back of the shopping
center and in ract the back area will be either planted or landscaped.
Campbell Road will bere,....routed at their expense and the State Department of
Transportation has agre~cl .that this is a much safer way to handle traffic at
this intersection. Mr'C;J:"iJ.'l'\said they have also agreed to give the City a bond
for 2 or 3 years to<g'l..tarantee landscaping maintenance. The project will be
designed to ..m~et th~J..OOYear flood plain rules in terms of water runoff and
have also a~;r~ed to make a. pre-payment of the maintenance bond for all
retention ponds ror at least 3 years in advance. Mr. Crim said they have
agreed to place sidewalks along the entire frontage of Spring Road and to
further provicle for the sar~ty of the pedestrian traffic. were willing to
provide a $25.000 bond or letter of credit for the City to use as they see fit
for sarety improvements<in this area.
Bob Davis saidbelllentioned sidewalks on Spring but asked if they would also
agree to placing sidewalks on Campbell Road and Mr. Crim said they would agree
to that also.
Mr. Crim said he <had asked our city engineer to review the site plans and to
the best of his knowledge. he can build without any variances.
July 20. 1987 - continued
Mayor
Mr.
Drive
Bacon asked about the existing traffic light at Spring and Campbell and
Crim said when Campbell Road is re-routed it will intersect at Carolyn
and the existing light will be moved down to that intersection.
Linda Owens asked if this would be strip shopping center and Bob Davis said it
would not be classified as a strip shopping center because of the size of the
development; the anchor tenant will occupy 45.000 square feet with about 12 to
15 smaller shops. Mrs. Owens said she felt like there were already too many
shopping centers in the area and did not feel the City needed one at this
location.
Jack Hammond said
concerned with the
this.
he did not
commercial
have a problem with the development but was
encroachment into the neighborhood adjoining
Pam Lee stated she was a real estate appraiser and was also concerned with the
commercial encroachment into the residential area. Also. she was concerned for
the safety of the school children and the increase in traffic accidents.
After further discussion Bob Davis said that in the past Bob Crim came before
council with a similar proposal and since then he has made a lot of
commitments to ensure the safety of the children in the area which makes this
request the best we've ever had and may be the best we will ever get for this
property. Four traffic impact studies. an analysis of the drainage situation
and land use impact have also been conducted to ensure the citizens in that
area the best possible development on the site. Bob said he felt we had
reached a point where the citizens are protected and the engineering work has
been done in order to ensure a good development, and for those reasons made a
motion the rezoning be approved as requested with the following stipulations:
1) That the site revert back to future commercial if a building permit
is not secured for a shopping center within 6 months..
2)
Road and
and right
That the eastern most lot be limited to one curb cut on Campbell
that the curb cut on Spring Road would be limited to right turn in
turn out only.
3) That the developer pays for all relocation and improvements of
Campbell Road and that the old right of way of Campbell Road be conveyed to
RCC Investment with the exception of a triangle comprised of the portion of
Campbell Road from the traffic island east to the point of the end of the
right of way and then back of Campbell Road to a point that would put it
exactly parallel with the traffic island. This triangle would remain the
property of the City of Smyrna.
4) The developer will pay for all cost associated with the relocation of
the traffic light currently at Campbell and Spring to the new intersection of
Campbell. Carolyn Drive and Spring and that the developer would pay for any
costs associated with making that signal useful and effective at that
intersection.
5) The developer will give the City a 3 year bond to guar~ntee all
landscaping that would be done according to city specifications.
6) The developer will give the City evidence of a 3 year contract with a
maintenance firm responsible for maintaining the storm water retention system.
7) The developer would install the necessary curb and gutter work and
sidewalks along Spring Road and Campbell Road adjacent to his property.
8)
credit to
safety for
The developer would pay
be used by the City
the children that attend
to the City a $25.000 irrevocable letter of
in any way deemed necessary to improve the
Argyle School.
9) The shopping center be developed such that there not be a drive thru
behind the shopping center but that there would be grass and shrubbery planted
behind the shopping center with only limited access to either end of the
shopping center for delivery and sanitation purposes.
10) The curb cut
would be constructed as a
left out traffic only.
on Campbell Road at the rear of the shopping center
directional shute that would only allow right in and
Jerry Mills seconded the motion which carried 6-1, with Joel Harrell opposed.
July 20. 1987 meeting - continued
(D) Rezoning request by E. C. Long - property at Concord & Hurt Road from
Limited Commercial to General Commercial.
John Patterson said Mr.L9Pg is requesting his property be rezoned for a small
shopping center. Heha$r~~entlyconveyed some of his property to the City to
allow construction of a road which would con.nect Con.cord and No. Cooper Lake
Road, next to Atkins Eb~rmacy. For that reason if the zoning is approved.
there needs to be a stipulation that the side yard setback be reduced
slightly. To th~n9-rt:ti pfthis property is Office/Institutional. with Limited
Commercial to the east, ..south and west.
Two people raised their bands in opposition and Mr. Long was sworn in with Sue
Brissey. Hugh Raga:rl said Mr, Long was at the last meeting and he asked that
the rezoning be tabledito tonight to give him and Pete Wood. the spokesman in
the Bennett Woods area time to work out any disagreements they might have.
Mr. Long said they
broader and less
property was not
objectionable uses
to Neighborhood
reduced to 10 feet.
not donated property
sufficient room for
acre and Mr.
center 7
from
excessive
cut on Concord
with eliminating
street and he
Patterson said
within the next
Hurt Road.
the General Commercial change to allow
land in the future. Mr. Long said this
be able to use it for any of the
Commercial. Mr. Long said he would agree
ask that the side yard on the west be
the GC category. Mr. Long said if he had
City for the road construction he would have
under Neighborhood Shopping. This is a .65
was proposing a 7.000 square foot shopping
Hugh Ragan said his plans show 2 curb cuts
one curb cut on Concord Road which seems to be
that size and had some concerns with the curb
intersection. Mr. Long said the only problem
not know exactly what would be done on the new
off Concord Road at the present time. John
receiving plans for the new road from the county
then we could determine how it will tie in with
Hugh
said
metal
about
area
size
type of construction of the building. Mr. Long
building with masonry exterior walls and a
he has received many complaints from citizens
's other shopping center on Spring Road and
very nice to conform to the homes in the
also expreSSed their concerns over the
for a development such as this.
Sue Brissey
center on
neighborbood.
commercial
already a
would only make
and said she had been to Mr. Long's shopping
did not need a development like that in their
they have been fighting the encroachment of
for 20 years. Also. Hurt and Concord is
and a curb cut for a shopping center there
Hugh Ragan Mr.
not have' a
who is the
people there
those reasons made
the intervening
stipulations:
in previous conversations that he would
store at the location. Pete Wood.
Bennett Woods area had indicated that the
probl~$ with the development and for
zoning be approved from Limited Commercial to
or Neighborhood Shopping with the following
1)
donation of
granted as a condition of the
of a new road.
2) No curb cut be allowed on Concord Road; no service stations or
convenienCe stores be allowed on the property.
3) BUilding
building with stucco
neighborhood.
with a very attractively designed
a metal roof. conducive to the
4)
to 7.000 square feet of retail space with
. to minimize the impact in the area.
no more
second. Jerry Mills then made a motion the rezoning
seconded the motion which carried 6-1. with Hugh Ragan
be
July 20. 1987 - continued
(E) Beer. wine and liquor package license request - Oasis Bottle Shop. 3181
South Cobb Drive - John G. Gulla. applicant.
John Patterson said that Mr. Gulla has requested the license for Oasis Bottle
Shop as principal for the new corporation purchasing the businesses which has
been in operation for several years. The background investigation by the
Police Department was favorable and there was no opposition.
Mr. Gulla said he owns 51% of the corporation. He is a citizen of the United
States and has resided here for 9 years. Mr. Gulla said he previously worked
as a manager of a liquor store in Roswell and understood our ordinance. Mr.
Gulla said he has been in this business for 7 years and does not hold any
other interest in any other liquor store.
Jim Hawkins made a motion the license be approved. Kathy Brooks seconded the
motion which carried 7-0.
FORMAL BUSINESS:
(A) Purchasing procedures.
Hugh Ragan made
council meeting.
a motion the purchasing procedures be tabled to the next
Jack Shinall seconded the motion which carried 7-0.
(B) Banking services agreement.
John Patterson said in July 1983 the council awarded banking serices to First
National Bank of Cobb and bids were recently obtained for proposals for
banking services to benefit ourselves of the technology available today. After
reviewing the proposals. John Patterson said it was the recommendation that
the banking services be awarded to National Bank of Georgia.
Hugh Ragan said this has been discussed for several months now and this is a
very controversial issue. Hugh thanked everyone for their input and he felt
that most of the concerns expressed had been resolved. The City Administrator
and Finance Director evaluated the bids and it was determined that NBG had the
best total package for the best service to the City for the least amount of
money. Based upon that. Hugh Ragan made a motion the banking services be
awarded to National Bank of Georgia for a 2 year period, with an automatic
renewal for an additional year unless this body brings the banking services
agreement back up for additional consideration prior to the automatic renewal
taking place. Additionally. that we continue to use Trust Company Bank for the
funds associated with the sewer rehabilitation program and that all State
Grant accounts be awarded to Smyrna Bank & Trust. Kathy Brooks seconded the
motion.
Jim Hawkins said he would oppose the motion because he had several
reservations about it. Jim said we bid services which might help the City but
they are far-reaching. such as the lock box service for utility payments at
the bank and account reconciliation which will take a lot of work off our
accounting department. Jim said his concern is that smaller banks cannot
provide these services and once we make the change. for several years we will
be eliminating the smaller banks from having a fair and equal opportunity to
receive the benefit of some of the City business. Jim said Trust Company could
not be considered a small bank. but even they had stated they could not
provide the lock box service or account reconciliation.
Jerry Mills said he was also opposed to taking business away from the smaller
local banks. Vote on the motion to approve the banking services carried 5-2
with Jim Hawkins and Jerry Mills opposed.
(C) Petition from Emergency Management Department.
John Patterson said the Emergency Management Department had petitioned through
the Civil Service Board to Mayor and Council to be included under the Civil
Service statutes of the City and is being presented tonight for either
approval or disapproval by council as specified in Section 77-l(B) of the
Charter.
Bob Davis said
these employees
consideration at
there
under
all
did not appear
Civil Service
appears to be
to be any compelling reason for placing
at this time and the only reason for
the desire for greater job security for
July 20. 1987 - continued
personnel signing the petition. This is basically a new department that is
still in the formation stages and while Civil Service procedures are valuable
in the Fire and Police Department hirings. it would make hiring and firing
procedures much more cumbersome in this department and for those reasons. made
a motion the request be denied. Jerry Mills seconded the motion which carried
6-1, with Jim Hawkins opposed.
(D) Zoning ordinance amendments.
John Patterson said there were several ordinance amendments to be considered
tonight including parking space requirements. accessory structures and the
Standard Housing Code which all come within the Community Development
committee.
Jack Shinall made a motion that Section 906.14.1 and 906.19,
Requirements be deleted and replaced with the following section:
Parking
(906.14.1) Multifamily, apartment developments: One and three-quarters
(1.75) parking spaces for~ach dwelling unit. For a club building or similar
facility. which is an ac~essory use to a multifamily project. one space per
two hundred (200) square feet of gross floor area is required.
(906.19) ShOpping centers and developments: Four and one-half (4.50) spaces
per one thousand (1,000) square feet of gross floor area.
Jim Hawkins seconded the motion which carried 7-0.
Jack Shinall
under Chapter
follows:
made
6,
a motion the ordinance be amended by adding a new section
to be entitled Article IX. Standard Housing Code to read as
ARTICLE IX. STANDARD HOUSING CODE.
Section 6-110. Buildin~ Code - Adopted:
Penalty for Violation.
There is hereby adopt~d pythe City. for the purpose of establishing rules and
regulations relating 'Pfin~i'Pally to the use. occupancy and maintenance of
existing residential bt;l.ildings. this certain housing code known as the
Standard Housing Code; latest edition. promulgated by the Southern Building
Code Congress. Birmirigb~. Alabama. and the whole thereof. save and except
such portions as are in conflict with this Code of Ordinances or are
hereinafter deleted~lnod.ified or amended of which not less than three (3)
copies have been andno",aI:"gfiled in the office of the Building Official. and
the same are herepy..adpgted,. six (6) monthsC,i.fter issue and incorporated as
fully as if set oUt",t;:J.'7:p.gtl1 herein with the above exceptions. and from the
date on which this>$'7gt;'i.oT1 shall take effect the provisions thereof shall be
controlling in construction_ etc.. of all buildings and other structures
within the corporate limits of the City.
Any person violating any of the provisions of the Building Code shall be
punished as provided in Section 1-8 of this Code of Ordinances.
Hugh Ragan seconded the motion which carried 7-0.
Jack Shinall made a !!'lotion that Section 501 be amended by adding a new sub-
section 501.11 to read as follows:
(501.11) Accessqryst-rt,lCt]..l.reS will be limited to one per lot. The size of the
accessory structure wi1.1not exceed one fourth (1/4) the total square footage
of the principal PWi.lding. The accessory structure will be built with
materials and styl~ similar to the principal building or any material and
style commonly associated with an accessory structure. The height shall not
exceed 15 feet.
Hugh Ragan seconded the motion which carried 7-0.
(E) Approval of condemnation of property.
John Patterson sC,i.idthepre-construction conference for Phase III of the rehab
will be next ThurSday and it is imperative that we secure all easements prior
to commencement of construction. Mr. Raymond Reed owns the property at the
corner of Church Street and South Cobb Drive and we have been working with him
for quite some time and feel we can reach an agreement for the easement prior
to taking action on the condemnation. In the event that we cannot reach an
agreement. we need approval this evening to authorize the City Attorney to
proceed with
July 20. 1987 - continued
Jack Shinall said this easement was necessary before we can begin Phase III
and made a motion the city attorney be authorized to proceed with condemnation
of the property at the corner of South Cobb Drive and Church Street in LL 379
and 414. in the event a reasonable agreement with the property owner cannot be
reached. Jerry Mills seconded the motion which carried 7-0.
(F) Resolution - Dobbins Air Force Base.
Mayor Max Bacon read a resolution opposing the proposed conversion of Dobbins
Air Force Base to serve as a supplemental facility to Hartsfield International
Airport and requested that copies be sent to Senators Fowler and Nunn,
Congressman Buddy Darden and Governor Joe Frank Harris. Jerry Mills made a
motion the resolution be adopted. Jack Shinall seconded the motion which
carried 7-0.
(G) Approval to surplus Emergency Management equipment
trailer mounted generator).
(3 Kaiser jeeps,
Bob Davis made a motion this item be tabled indefinitely for further study.
Jack Shinall seconded the motion which carried 7-0.
(H) Validation of signatures to annex 4.337 acres in Land Lots 742 & 699 -
Atlanta Road and Jane Lyle Road.
Attorney Camp read an
Marion Blackwell. Jr.. as
application
follows:
for
annexation of the above property by
We, the undersigned. who constitute 100% of the electors resident and 100% of
the owners of the land area by acreage. as described below, which is
unincorporated and contiguous to the City of Smyrna. hereby apply to have said
area annexed into the City of Smyrna under the provisions of laws of the State
of Georgia. Said property being annexed being described as follows:
All that tract or parcel of land lying and being in Land Lots 699 and 742.
17th District. 2nd Section. Cobb County. Georgia described as follows:
BEGINNING at an iron pin set at the intersection of the south right of way
line of Jane Lyle Road (40 foot right of way) and the northeast right of way
line of an abandoned trolly car right of way (50 foot right of way); thence
running south 21 degrees 49 minutes 21 seconds east 475.67 feet along the
northeast right of way line of said abandoned trolly car right of way to a
point; thence north 67 degrees 40 minutes 24 seconds east 286.08 feet to an
iron pin found on the east line of Land Lot 699; thence south 13 degrees 06
minutes 12 seconds east 6.08 feet along said land lot line to an iron pin
found; thence south 03 degrees 10 minutes 55 seconds east 13.32 feet along
said land lot line to an iron pin found; thence south 87 degrees 15 minutes 04
seconds east 98.12 feet to an iron pin found; thence north 89 degrees 01
minute 42 seconds east 101.82 feet to an iron pin found; thence north 88
degrees 46 minutes 37 seconds east 70.97 feet to an iron pin found; thence
south 83 degrees 48 minutes 38 seconds east 55.47 feet to a point; thence
north 40 degrees 46 minutes 57 seconds west 261.73 feet to an iron pin found;
thence north 34 degrees 29 minutes 59 seconds west 205.03 feet to an iron pin
found on the south right of way line of Jane Lyle Road; thence south 89
degrees 00 minutes 00 seconds west 482.08 feet along the south right of way
line of Jane Lyle Road to the point of BEGINNING. said tract being improved
property and containing 4.733 acres as shown on that certain survey for
Atlanta Road Associates. dated November 21. 1986. last revised December 16,
1986. prepared by D. W. Lynah Surveyors and bearing the seal of David W.
Lynah. Georgia Registered Land Surveyor #1845.
WHEREFORE. THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION:
Witness
described
PARTNER
the hands
above:
and
ALANTA
seals of 100% of the record title holders of the land
ROAD ASSOCIATES. BY MARION BLACKWELL. JR.. GENERAL
Joel Harrell made a motion the signature be validated and the public hearing
date set for August 18. 1987. Bob Davis seconded the motion which carried 7-0.
BID AWARDS:
(A) Renovation of Cobb Park restrooms.
July 20. 1987 - continued
Kathy Brooks made a motion the renovaton of Cobb Park restrooms be awarded to
Cobb Home Improvement Company. the low bidder at $8.460. to be funded through
CDBG. Jack Shinall seconded the motion which carried 7-0.
(B) Air compressor for Public Works department.
Joel Harrell made a motion the portable air compressor bid be awarded to
Sullair Corporation, the low bidder at $8.275. Jerry Mills seconded the motion
which carried ]-0.
COMMERCIAL BUILDING PERMITS:
None to present to council.
CONSENT AGENDA:
(A) No parking signs - Ventura Place.
Jack Shinall made a motion the consent agenda be approved. Joel Harrell
seconded the motion which carried 7-0.
COUNCIL INPUT:
surgery.
All council members welcomed Jerry Mills back following his
Jack Shinall said
improvements behind
them taken care of.
we were still having a lot of trouble on sewer line
the homes on Bank STreet and asked John Patterson to have
Hugh Ragan requested ~hat John Patterson have all the Emergency Management
equipment moved to the back side of the parking lot so that it will not be
visible from King Street.
Mayor Bacon announced that the Justice Department has approved our annexations
for 1986 and also the relocation of the polling place for Ward 3 from
Hawthorne Elementary School to the new Judicial Building.
With no further business. meeting adjourned at 11:05 p.m.
HUGH