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September 15 ,1986 Council Meeting September 15. 1986 The regular scheduled meeting of Mayor and Council was held September 15. 1986 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. Also present was City Clerk Willouise Spivey. City Administrator John Patterson. City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Bud Abbott from the First Baptist Church. followed by the pledge to the flag led by Boy Scout Troop 573. CITIZENS REPORTS: Nothing to report. REPORTS: . Finance also introduced J. Fire Prevention Bureau Reports were given from the Fire. Police. Emergency and Community Development departments. Larry Williams D. Ruffner who was recently promoted to Captain in the to fill the vacancy left by Captain Jim Tidwell. PUBLIC HEARINGS: (A) Annexation of 20.50 acres on Ridge Road. There was no opposition and Joel Harrell made a motion that 20.50 acres in Land Lots 624 and 625 on Ridge Road be annexed into the City to become a part of Ward 2. the legal description having been read and made a part of the minutes of the August 18. 1986 meeting. Bob Davis seconded the motion which carried 7-0. (B) Rezoning of 20.50 acres on Ridge Road from R-20 to R-15. John Patterson said that Mr. Fred Skiba was representing Marjorie Rabb Wallace in their request to rezone this property just annexed. The Planning and Zoning Board has recommended the zoning be approved. Adjacent property is residential. primarily R-20. This tract will be added to the smaller tract recently annexed in for development of a subdivision. There were 7 in opposition and representatives from both sides were sworn in by Mr. Camp. Mr. Skiba said the property is accessed now by a driveway from Ridge Road which they plan to develop into a full entrance into the subdivision and dedicate to the City. The reason for the rezoning is due to the shape of the property which is triangular shaped and very difficult to layout. The average lot size of the 38 lots is in excess of 20.000 square feet. All the homes will be in s of 2800 square feet in the price range of over $200.000. Mr. Skiba they felt it would be a beautiful community with a lot of custom homes b built as well as homes built by his company. Joel Harrell asked about particular detail hasn't comply with city regulat" s. accessed from 2 or 3 locations. water runoff and Mr. Skiba said that dealt with by the engineers but they would Sewer is on the property and city water is Jim Hawkins some whole square feet asked Mr. Skiba if there was any way to increase the size of smaller lots. Mr. Skiba said he would attempt to. but in the vision there are only 9 lots ranging from 15.000 to 15.300 and everything else is well in excess of that. Mills said it was questionable as to whether or not the sewer line on rty belonged to the City because originally it was a private line Raymond Moon. Mr. Skiba said he would cooperate with any parties involved to allow them to utilize the line. There was some discussion about the site visibility distance on Ridge Road from the proposed entrance. Mr. Skiba said the mandatory site requirement in the county is 320 feet and have in excess of 270 feet which is 30 to 40 feet short of meeting requirements. Mr. Skiba said their entrance would be flared out to provide better visibility and the problem would not be moving the road 15 or 20 feet. disagreed ad spoke in opposition on behalf of his n were opposed because of the concentration square foot lots joining the rear of their lots. They to the size of the homes or type of development but the topography prevented the builder from moving the road September 15. 1986 - continued and increasing the lot si:pes~.WhlaY were also concerned for the safety of the neighborhood with the additional traffic and proposed entrance. Emory Osborne and Max Blackman also spoke in opposition because of the smaller lots adjacent to their homes and safety on Ridge Road. Mr. Blackman asked that they be given the same consideration that the Cedar Cliff homeowners had been given. After further discussion. Joel Harrell made a motion the petition presented tonight be made a part of the minutes as well as the letter of September 11. 1986 from Ann Kirk. President of Cedar Cliff Neighborhood Association and the drawing as prepared 1::>Y Civil Design. Inc. of Atlanta. Georgia dated May 12. 1986 entitled "Zol}ing Plat for A.F.R. Properties.i:I;nc. and that the subject property be rezoned from R-20 to R-15 subject to the following stipulations: 1) All homes in the proposed subdivision shall have a minimum of 2800 square feet of heated floor space and shall be of an architecture compatible with the existing homes surrounding the property. 2) All utilities shall be installed below ground and street lights shall be installed with fiberglass poles. 3) All homes shall have attached 2 car garages. 4) Lot shown as #3 fronting on Ridge Road shall not be subdivided and shall remain at 0.966 acres as shown and shall have only one single family residence constructed on it. 5) Lots 3 through 11 as shown on plat shall have a minimum of 17.500 square feet each and shall be a minimum of 100 feet in width at the front set back line. 6) Lots 3 through 15 and lots l7 through 2l shall have a rear setback of not less than 45 feet. 7) of foot sewer easements shall be granted at lots 38 and in the vicinity 4 and 5 so as to provide for possible future sewer connections for lots facing Ridge ROaCl.with the exact location to be determined developer's engineer and. the city engineer prior to final platting. locations where t:ne~.ewer easements come into the right of way proposed new access road.~ewer manholes shall be installed in the street with stubs to the.right of way line for future tie-ins. by Also of 8) Traffic control devices shall be placed at the intersection of Ridge Road and the new access ro~d ~t the developer's expense. Thesecontrol devices shall consist of three.,.way stop signs or full traffic $ignals. i.e.. lights. as deemed appropriate by the city engineer.. During construction of this subdivision. the developer will also bere$ponsible for providing flagmen as nece$sary to protect this intersection for construction vehicles ingress and lagre$S to Ridge Road. 9) Prior to approval of final plat by the city. the developer shall show evidence of protective cov~nants for the subject subdivision. lO) Subdivision of the SUbject property shall result in no more than a total of 38 lots as shown on plat. (C) Annexation of 22.80 acres on Argo Road. Jerry Mills seconded the motion to approve the zoning which carried 5-2 with Jack Shinall and Kathy Brooks opposed. John Patterson said this Property is . located in Land Lot 617. fronting on Argo Road just north of HighlanCl$Park. There was no opposition and Hugh Ragan made a motion the property be annexed into the City to become a part of Ward 7. the legal description having been read and made apart of the August l8. 1986 meeting. Jerry Mil:L$ seconded the motion which carxied 7-0. (D) Variance request to increase square footage of sign for 7-11 at l828 Spring Road. September 15. 1986 - continued Bob Davis made a motion the variance be tabled to the next meeting so that he could meet with representatives of 7-11 since there are some questions about the configuration of the sign. Jack Shinall seconded the motion which carried 7-0. (E) Variance request to increase square footage of sign for 7-ll on Old Concord Road. Jack Shinall made a motion the variance be tabled to the next meeting. Bob Davis seconded the motion which carried 7-0. (F) Variance request to allow off premise sign for Castellaw Funeral Home. John Patterson said that Mr. B. C. Castellaw has recently found out that his existing sign on Church Road at South Cobb is to be removed due to modifications to the intersection. He is asking for a variance to place the sign on the adjacent corner where the church is located. The sign is very attractive and will be in keeping with the appearance of the surrounding property. There was no opposition from the audience. Mr. Castellaw said he had obtained a letter of approval from the church allowing a directional sign to his business. City ordinance allows only one sign per property frontage and Mr. Castellaw said their existing sign was on South Cobb Drive and his sign would actually be facing Church Road. With little discussion. Jim Hawkins made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. (G) Variance request to reduce rear and side yard setback requirements for development on Concord Road @ Lamar Circle. John Patterson said that John Dickson had requested two variances for this property at 737 Concord Road; one to reduce the rear yard setback from 50 feet to 20 feet and also to reduce the west side setback from 33 1/3 feet to 14 feet for development of a shopping center. There was no opposition from the audience. Mr. Dickson said this was a valuable piece of property and economically fel.t the best use was for a shopping center. There are two curb cuts on Concord now but they were proposing an ingress lane only from Concord with the exit onto Lamar Circle. The property has been zoned General Commercial years. Mr. Dickson said he had obtained letters of approval from the property owners. Mayor Bacon said a letter was received by the this afternoon from Elizabeth Nix. owner of 3262 Hampton Court her previous approval of the development because she was unaware riances and did not realize how near the building would be to her Dickson said he talked to Mrs. Nix. showed her the plat and explained what he was proposing and she stated that anything improvement over what is on the lot now. a 0 City late rescindi of the home. Mr. thoroughly would be an Jim Hawkins said this pr rty was already zoned General Commercial when it was ed and felt t should work with Mr. DiGkson. The variances are not vere as they might appear since only one or two points of the center will not meet the setback requirements and not the entire building. Jim Hawkins made a motion the variances at 737 Concord Road be approved as requested. Hugh Ragan seconded the motion with the added stipulation that there be an understanding that right turns only would be allowed from Concord Road. Vote on the motion carried 4-3. with Jack Shinall. Kathy Brooks and Bob Davis opposed. (H) Liquor. beer and wine pouring license request for Jade Villa Chinese Restaurant. 3240 South Cobb Drive. wkins made a motion the license be tabled to the next meeting to give to meet with the applicant. Mr. Wing San Chung ordinance and how it should be enforced. Jack ich carried 7-0. FORMAL BUSINESS: (A) Validation of signatures to annex property on Oak Drive/Oakdale Road. September 15. 1986 - continued Attorney Camp read the application for annexation of 9 parcel$ on Oak Drive!Oakdale Road as follows: We the undersigned. who constitute sixty percent (60%) of thelalectors resident in the area described below and who constitute sixty percent (60%) of the owners of the land ar~a by acreage of the area describ~(l1::>elow. which is unincorporated and contiguous to the City of Smyrna, hla:rlapyapply to have said area annexed into the City of Smyrna under the provi$ions of the Code of Georgia Annotated, Sections 69-904 through 69-912.(Georgia Laws. Acts 1966, pages 409. 410. 4ll. 412. 413; 1971, 399; 1976. pages lOll. l012. said property to be annexed being described as follows to wit: All that tract or parcel of land lying and being in Land Lots of the 17th District, 2nd Section, Cobb County, Georgia. partic~larly described as follows: more a point marked by an iron pin at the northeasterly Corner of and Oak Drive. thence>running east along the north sicloe of Oak .20 feet to a point; thence northeast a distance of 50 feet to the right of way line of South Cobb Drive; thence southeast a di$tance of the westerly right of way line of South Cobb Drivoe>; thence a distance of 160.0 feet to a point; thence W$$terly a of 150 feet to a point; thence south a distance of 487..e feet to the south land lot line of. L4nd Lot 753; thence west a distance of 300.0 feet to a point; thence north a <iistance of 265 feet to a point:,; .thence southwesterly a distance of 370.0 feet to a point; thence northwe$terly a distance of 165 feet to 4.pgint on the easterly right of way of Oak dale Road; thence 275 feet northeasterly to the north right of way of Oak Drive and the point of BEGINNING. WHEREFORE. THE UNDERSIGNED HEREUN~O SET THEIR HANDS AND SEALS. AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of 60% of the electors resident in the area described below: $!DONALD C. EVANS, MARY JOYCE EVANS, GEORGIA E. HIATT. WALTER RAY LIGHT, MARY I. LIGHT Witness the signature of the record title holders of the fee simple title. or his legal :representative. of 60% of the land area described by. .acreage: s!DO.N,f\.J:-.:Q ... C. EVANS. MARY JOX<:::Ei EVANS. JEAN E.. FRAZIER. ROBERT L. DIXON. LOUISE 'B. WHITMIRE. B. M. CHES~ER. SUE MARIE CHESTER. THOMAS T. WHEATLEY the 20. be validated and Harrell seconded hearing which signatures property on North Cooper annexation of 3.709 acres in Land Lot as follows: that tract or parcel 2nd Section. Cobb as follows: land lying and being in Land <::ounty. Georgia being more All degrees one half inch seconds west of Land said pipe point of BEGINNING and containing 3.709 acres. ,II,IfIIIIII'WICX ~ CITY OF SMYRNA N/F FLORENCE I-l GEORCSE ES7:4TE EXISTING ZONING COBB COUNTY " R-2O EXIS77NG ZONING CffY OF SM'Y'RNA "R-2O PROPOsED ZONING COBe CotINTY" R-I$ PROPOSED ZONING CITY OF SMYRNA" R-I$ AREA COBB COUNTY" 19.$$ AC; AREA CITY OF SMYRNA .1.2/AC. 7"OTAL AREA" 20. 74 AC. DENSITY" LB:!! LOTS/AC. ;\ ~ ~ ~ ~ " N/F CEDAR CUFFS - UNIT I @ @ i ~. @ .. ~ ! ~ L CITY OF SMYRNA N/F ad [)ANIELL --) .- 4371 MS Cf3""->$;.~ -GIQIS"f_ \.2~.o......~.."'....~ N:,u ~f "1 z;: _TO --= scou: -) ~ ~ ~ 1JI" --( "'" 2;..,.. ..,., :lalIt.... flI\,.&T pgIf A,FR PROPERTIES, INC, f,JIIlIO I"DI'S UOlI . R~ ,.,,,.. ClI'f'!'W'lC'"' 2 _ sr~ "''"'"'' ~ 0# e:o.. CJ~7L DESIG/'i , INC. !..... ~ -- ~It.-'''' ~~.1.!13. ..!QiatllO I QIlJ'f' I ~ .,,",""'~ I ~t2"86 I .-.,1.."..... cr-... :""""""' I f7 Cedar Cliffs Neighborhood Association, Inc. c/o 1669 Cedar Cliff Drive Smyrna, Ga . 30080 Mr. Joel Harrell Councilman, Ward 2 City of Smyrna Dear Mr. Harrell and Members of the Council: September 11, 1986 This letter is to re-affirm the support of the residents of Cedar Cliffs and this Association for the rezoning of the Wallace property from R-ZO to R-lS incorporating the stipulations outlined in our letter to you on June 29, 1986. Since then. Mr. Skiba has agreed to increase the minimum heated floor space from 2000 square feet per home to 2800 square feet per home. He has also agreed that no matter how the final platte is submitted, there will~ be no more than the original number of lots (38). At our regular Quarterly Meeting last night, support for this rezoning was unanimous and enthusiastic. As you know, this is a rather unique position for us to take, but we have learned that strict qual~ity control can be more important to property values than the difference between R-20 and R-15 lot sizes. Furthermore, while we all would rather the forest remain undisturbed forever. we realise that this is an unrealistic, if not foolhardy, point of view. Mr. Skiba's plan for 38 homes on this property is, we feel, both reasonable and desirable in terms of density and total impact on the Ridge Road area and the city itself. We urge you to approve this rezoning without delay for the benefit of the entire community. Thank you, as always, for your attention in this matter. I shall be happy to speak at the Council Meeting regarding our position on this matter. I would also appreciate the Council's acceptance of this correspondence through Mr. Harrell. as time did not permit me to write to each of you individually. Sincerely, Ann Kirk, President, CCNA, Inc. i. Harrell Ward City of rna June HarreLl: a meeting spon Cedar Cli s on June 24. 1986. Mr. T. L. Halfen discussed the plans of AFR Properties, Inc. to develope a 20.74 acre tract off of Ridge Road, subject to its rezoning from R-20 to R-15. A portion of tract (1.21 acres). currently owned by Ridgeview Institute. lies within the city s of Smyrna and will soon be up Smyrna Ci.ty for rezoning. Following Mr. Skiba and Mr. fen. the Cedar Cliffs residents to support the rezoning of this property from subject to stipulatioDs: 1) Homes viI as close as al d by 2) On be will 3) 4) 5) s stree Mr. Skiba's agreeing four lots that border the aith in meeting with ulations was g Present at the meeting were erty up for rezoning. at our convenience residents appreciated. Attached is a copy of the subdivision plan presented to us by Mr.Skiba. Thanks as always for your responsive representation of the people of Ward 2. cc: Mr. !>1r . F'red Skiba Max Us n Sincerely, ;(~ Ann Kirk, President, CCNA,Inc. 00 g L} a-~ i--- ok y'-- - 4/3fJ-99'tbo ~ 3 b 3 j/ 0 .y-33 11& 'i52--27 "f;/.Jb-/b. / 3 ::;-- - -;/ 6 7 September 15. 1986 - continued EFORE THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness or his acreage: the signature of the record title holders of the fee simple title. legal representative. of 60% of the land area above described by siR. B. GUNN Hugh Ragan made a motion the petition be validated and the public hearing set for October 20, 1986. Bob Davis seconded the motion which carried 7-0 BID AWARDS: (A) Employee Benefit Analysis John Patterson said that money was budgeted this year to conduct a comprehensive benefits analysis to ensure the benefits we are providing our employees are comparable with the market and are meeting the needs of the employees. A request for proposals was sent to several consulting firms with several responding. Hugh an said that none of the 4 responding actually bid on the same level service and each one had a different procedure for conducting the study which made the analysis a little more difficult than they had anticipated. The Finance Committee felt the best proposal was from A. S. Hansen Company who is not the low bid. but it was their feeling they were providing more for the dollar. Hugh Ragan made a motion the benefits analysis be awarded to A. S. Hansen on the following basis: 1) Proven success and ability in addressing all areas under the scope of services in a qualitative manner. 2) Proposal clearly evidenced a depth of analysis in thinking that was absent in all other proposals. 3) Proposal reflected an approach which is in sync with the participative management style. 4) A. S. Hansen is an Atlanta-based firm with extensive experience. 5) outst professional credentials of the personnel assigned to the study are ing. Fund with improved O. will be $15.000 from the budget which was allowed for this study additional $5.000 to $10,000 coming from the $183.000 budgeted for benefits package. Kathy Brooks seconded the motion which carried 7- (B) Park Equipment John Patterson said there improve Rose Garden Hills y. Based upon the motion the low bid bleachers sets. 10 picnic the motion which carried 7-0. were funds budgeted in the CDBG block grant to park and bids were received from several firms recommendation of John Patterson. Kathy Brooks of $5.137.00 be awarded to Bliss Products for 4 tables and 6 park benches. Hugh Ragan seconded (c) Sherw00d Road Sewer System John Patterson said some time ago bids were requested from several firms to provide service to the Sherwood Road sewer basin area which heretofore has not had sewer service. Bids were received from 8 contractors with Unity Construction being the low bidder. Joel Harrell made a motion the low bid of $188.677 be awarded to Unity Construction for installation of the main trunk line and two lines to provide service to a portion of the Concord Road area. Joel said these areas were determined to be top priority in order of need. John Patterson said the line segments were costed out based upon linear feet and they anticipate that segments A, G and H on the plat were properly scaled off. but if not there may be some variation in final cost. Jim Belk said this contractor had also included in his bid price whatever rock he felt was there to cover excavation. Jim suggested council e some leeway in the approved price until they get more accurate fig res. September 15, 1986 - continued After further discussion Joel Harrell withdrew his original motion.?nd made a motion the bid be awarded to Unity Construction in an amount not to exceed $200,000 subject to the bid award being conditional on necessary easements being acquired prior to October 18, 1986. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Steel Construction requested a building permit for new construction at 5400 Highlands Parkway at a total estimated cost of $650.000. H~~hRagan made a motion the permit be approved subject to approval of the Inspections Department. Fire Marshal and City Engineer. Kathy Brooks seconded the motion which carried 7-0. COUNCIL INPUT: Bob Davis congratulated Doyle Purvine and Department for completing the smoke divers Captain Ruffner on his appointment. Dana Fawbush in the Fire school and also congratulated Jerry Mills said Whitfield Street was contractor again. he was getting a lot of complaints from residents on about the cleanup and landscaping not completed ~ince the installed and asked Jim Belk to get in touch with the Jim Hawkins also congratulated>Captain Ruffner on his recent Hawkins stated he was working on the stop sign at Clifton Place and hoped to have one in place soon. Jim Rita Jack Shinall said the residents of the Oaks of Concord Road had requested a stop sign within the development and asked Mr. Patterson to check first to see if the streets have been dedicated. Kathy Brooks reported on parks activities and reminded everyone of the Fall Festival this weekend. Mayor Bacon said the golf course was now officially open and there were 255 people to play Sunday. Mayor Bacon also reminded everyone that Howard's Delicatessen had moved into the City at Cobb Center Mall and tonight was their first night to be open for business. meeting adjourned at 10:10 p.m.