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October 7/21, 1985 Council Meeting October 7, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 7, 1985 at Smyrna City Hall. The meeting was called to order at 7: 30 o' clock p.m. by presiding officer Mayor Protem Jim Hawkins. All council members were present except Jack Shinall. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron, Librarian Doris Morris, Police Chief R. E. Little and representa- tives of the press. Jim Hawkins stated that Mayor Bacon was not able to be with us tonight and sent his best wishes to him. Also, Jack Shinall received word this evening that his mother had just passed away and Jim asked everyone to remember Jack and his family in their prayers. Invocation was given by Hugh Ragan followed by the pledge to the flag. PUBLIC INPUT. Bob Arnold presented pictures and printed material about .. speed humps" currently being used in Decatur with great success to slow traffic. These humps are 12 feet wide and 3 inches maximum height at the center. Mr. Arnold said he thought this could be the answer to the speeding problems we have. Jim Hawkins thanked Bob for presenting the information to council and asked John Patterson to look into the speed humps and give his recommendation back to council. James Williams said that Mr. Patterson had alrady suggested that the City use this method on Turpin Road as a solution to a problem they are having there. Max Bacon said he thought this was a great idea but was concerned about liability on the City' s part. George White of C1.oudland Drive represented a group of 18 citizens present from the Bennett Woods area, also concerned with the speeding problem. Mr. White said Highview Drive is used as a thru-fare between North Cooper Lake Road and Concord Road and they did not feel they were receiving adequate police protection or patrols. Mr. White said they were concerned that there would be fatalities and asked for more frequent patrols to deter speeders. Hugh Ragan said he had ta1.ked to a number of people in Bennett Woods and felt the problem was legitimate. Hugh said the City would make their best effort to do something about the problem and wou1.d be working with Chief Little to somehow find a solution. DEPARTMENT REPORTS. (A) Doris Morris gave a library report including beginning book inventory, books added and removed leaving a total book volume as of October 1st of 4'1, 5~1~5. Total books and phonograph records circulated during the past 9 month period was 47,636. Doris also reported on programs and services offered by the library including the pre-school story time, summer reading program, voter registration and special accommodation for retired patrons, electronic magnifier for low or impaired visioned patrons. The library is open a total of 58 hours a week to the public. (B) Police Chief R. E. Little gave a report as of the first of the year. The Police Department answered 15,071 cal1.s and traveled 400,289 miles; calls are up 12% from last year and mileage up only 4% attributed to the fact that the department is 8 to 3.2 people short. Accidents are up 19% and there have been 501 DUI arrests. There have been 2,292 reported crimes with 1,163 arrests; about a 50% ratio which is far above the national average. Weapons and leather have been ordered and that should arrive within the next 60 days. The Police Department is making a survey of the needs for microfilm and getting estimates of cost. Chief Little also said he felt our salaries were getting competitive and thanked council for recent pay raises. PUBLIC HEARINGS: (A) Annexation of 7 roadways. Max Bacon read the 1.ist of streets to be annexed into the City, the legal descriptions having been read and made a part of the minutes of the September 16, 1985 meeting. There was no opposition and Mr. Patterson said these roadways were being annexed to provide for more consistent police enforcement and protection. Max Bacon made a motion the roadways be annexed. Kathy Brooks seconded the motion which carried 5-0. Kathy Brooks also asked Mr. Patterson to check into the possibility of using stop signs on Pat Mell Road to slow traffic. (B) Annexation of 2.027 acres, Mavell Road @ Seaboard Railroad. October 7, 1985 - Continued John Patterson said this property is contiguous to the City along the railroad right of waY , adjacent to Mavell Road and is being annexed to make the adjoining larger tract 1/8 contiguous. The entire tract will later come to council for rezoning. Phil Beegle was present representing Alisa Ann Thomas, applicant for the annexation. Jim Hawkins told Mr. Beegle that the annexation of this property would not guarantee approval of any rezoning request and Mr. Beegle assured council that he was aware of that. Mr. Beegle said they have met with the Smyrna Homeowners Association and have reached an agreement to build 4 units per acre, single family homes. Curt Boggs, a resident of Summerlin Woods said he was not opposed to the annexation, but was a member of the Homeowners Association and was not aware of any agreement they had made concerning the zoning. At the last meeting he attended they had agreed to 3 units per acre. After further discussion, Hugh Ragan made a motion the property be annexed to become a part of Ward 7. James Williams seconded the motion which carried 5-0. (C) Annexation of 9.87 acres on Atlanta Road @ Collier Drive. There was no opposition and Max Bacon made a Road across from Collier Drive be annexed into 2, the legal description having been read and September 16, 1985 meeting. James Williams 5-0. motion that the City to made a part seconded the 9.87 acres on become of motion a part minutes which Atlanta of Ward of the carried (D) Annexation of lot on Smyrna Hill Drive. ~ John Patterson said Hill Drive next to made a motion the 1.egal description 16, 1985 meeting. that Sam Cochran had requested annexation of a lot on Smyrna the skating rink. There was no opposition and James Williams lot be annexed into the City to become a part of Ward 4, the having been read and made a part of the minutes of the September Bob Davis seconded the motion which carried 5-0. (E) Transfer of beer/wine package license for Golden Gallon #46. Road. 2254 Atlanta The the request carried 5-0. be Frances tabled Jane Cambron to the next was not meeting. present and Hugh Ragan Kathy Brooks made a seconded the motion motion which (F) Variance of 6 feet on side yard line for garage construction at 3631 Crestview Drive. Jesus Onate requested the variance to reduce the side yard requirement from 10 feet to 6 feet for him to attach a two car carport to the side of his home. There was one person in opposition but Mr. Onate had a letter from the affected property owner stating she had no objection to the carport construction. Mr. Onate said the concrete pad is already there but they would add to it enough to accommodate two cars. James Weldon, a resident of Shirley Street said the lots in this neighbor- hood were small and felt the addition would detract from the design and appearance of the n",ighborhood. Following discussion, Kathy Brooks made a motion the variance be approved with the addition restricted to a carport and not enclosed. Hugh Ragan seconded the motion which carried 5-0. ~ (G) Variance to increase square footage of sign and construct additional building at The Crossings Shopping Center. Robert Pruitt represented The Crossings and said he came before council about a year ago requesting approval to construct a second pylon sign, which was approved. This allowed him, to raise the height to 45 feet but still restricts him to 120 square feet of signage. Mr. Pruitt requested he be a1.1owed to increase the copy area to 600 square feet. They also were requesting approval to construct a drive- thru banking faci1.ity for Georgia Federal Bank, on the property. Jim Hawkins said since these were two different variance requests, they would act on them individually. John Patterson said the existing sign is appro:x:imate1.y 30 feet tall with between 400 to 500 square feet of signage on one side. The proposed sign shows 560 square feet of signage on one side which is 8 to 9 times that a1.1owed. Max Bacon said he felt the increase in signage was excessive and after further discusison, James Williams made a motion the variance be denied because it far exceeds our ordinance and e:x:tra consideration was given last year when the sign variance was approved. Max Bacon seconded the motion which carried 5-0. Mr. said Mr. Pruitt was also asking for a variance thru facility and there is sufficient room for the requirements. Kathy Brooks made a motion this variance be seconded the motion which carried 5-0. to construct a drive- building and parking approved. Bob Davis October 7, 1985 - Continued (H) Rezoning of 931 Concord Road from Future Commercial to Limited Commercial. Dr. Remond Weinberg represented E. P. Logan in the request to rezone 931 Concord Road and there was no opposition. Dr. Weinberg said he was currently practicing at King Springs Shopping Center but had recently purchased this house. If rezoned, he will remodel the house for his office. John Patterson said the only condition he would recommend is that access be denied to McLinden Avenue and that a 6 foot fence be constructed across the rear property line. Dr. Weinberg said there is suff icient space for parking and they would comply with our parking requirements. Max Bacon said the Planning and Zoning Board had recommended the zoning be approved and made a motion the property be rezoned as requested. Bob Davis seconded the motion which carried 5-0. FORMAL BUSINESS: (A) Bob Davis made a Recreation Commission, carried 5-0. motion that representing (B) Bob Davis made a Commission to fill the Ragan seconded the motion Fran Ward Kington 1. Max to the Parks and the motion which be reappointed Bacon seconded motion that Pete unexpired term of which carried 5-0. City Hugh Paulsen Elsie be appointed to the Clean Rape, representing Ward 1.. (C) John Patterson read a list of articles to be declared surplus and sold at the auction October 12th as follows: 1977 Pontiac Firebird 1973 Ford Galaxie 1977 Ford LTD 1977 Pontiac LeMans 1982 Ford LTD 1978 Ford LTD 1974 Ford E100 1981 Ford Fairmont 1968 American LaFrance 1973 Chevy Station Wagon 2S87C7N128519 3W58H254333 7B63C28l800 2D29Z7P283786 2FABP31G3CB167236 8A27S261494 E15GHU87222 2FABP21B5BXl14750 K84749 (L94840) (Cab only) lN45R3D203175 Max Bacon made a along with other Wi1.1iams seconded motion these items be dec lared miscellaneous items confiscated the motion which carried 5-0. surplus by the and sold at the auction Police Department. James (D) Validate signatures Lake Road. for annexation of 25I acres on Mavell Road @ Cooper Attorney Camp read an application of annexation of 25I acres as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 41.0, 411., 41.2, 413; 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and the 17th District, 2nd Section, Cobb County, described as follows: being in Georgia, Land Lots 532 and being more and 533 of particular1.y BEGINNING at a point located at the southwest corner of the intersection of Cooper Lake Road (a 60 foot right of way) and Mavell Road (a 50 foot right of way); thence south 14 degrees 11 minutes 04 seconds west along the western right of way line of Mavell Road a distance of 610.3 feet to a point; thence south 13 degrees 07 minutes 53 seconds west a1.ong the western right of way line of Mavell Road a distance of 134.7 feet to a point; thence south 12 degrees 14 minutes 46 seconds west a1.ong the western right of way line of Mavell Road a distance of 78.47 feet to a point; thence south 11 degrees 42 minutes 06 seconds west along the western right of way line of Mavell Road a distance of 54.19 feet to a point; thence south 07 degrees 48 minutes 10 seconds west along the western right of way line of Mavell Road a distance of 79.27 feet to a point; thence south 05 degrees 32 minutes 19 seconds west along the western right of way line of Mavell Road a distance of 78.72 feet to a point; thence south 06 degrees 36 minutes 55 seconds west along the western right of way line of Mavell Road a October 7, 1985 - Continued distance of 76.45 feet to a point; thence south 08 degrees 49 minutes 38 seconds west along the western right of way line of Mavell Road a distance of 72.56 feet to a point; thence south 15 degrees 01 minutes 1.9 seconds west along the western right of way line of Mavell Road a distance of 51.65 feet to a point; thence south 20 degrees 34 minutes 22 seconds west along the western right of way 1.ine of Mavell Road a distance of 22.20 feet to a point; thence south 28 degrees 40 minutes 14 seconds west along the northwestern right of way line of Mavel1. Road a distance of 55.61 feet to a point; thence south 38 degrees 09 minutes 07 seconds west along the northwestern right of way 1.ine of Mavell Road a distance of 68.96 feet to a point; thence south 45 degrees 35 minutes 48 seconds west along the northwestern right of way 1.ine of Mavell Road a distance of 45.56 feet to a point; thence north 70 degrees 44 minutes 2l seconds west along the northeastern boundary line of property now or formerly owned by Alisa Ann Thomas a distance of 601..26 feet to a point; thence north 01 degrees 50 minutes 00 seconds east a distance of 1,547.17 feet to a point located on the southwestern right of way line of Cooper Lake Road; thence south 49 degrees 45 minutes 04 seconds east along the southwestern right of way line of Cooper Lake Road a distance of 162.12 feet to a point; thence southeasterly along the southwestern right of way line of Cooper Lake Road and fo1.1owing the curvature thereof a distance of 254.64 feet (said call being an arc on a curve which has a radius of 595.36 feet); thence continuing along the southwestern right of way line of Cooper Lake Road south 74 degrees 1.5 minutes 18 seconds east a distance of 328.99 feet to a point; thence south 72 degrees 37 minutes 38 seconds east along the southwestern right of way line of Cooper Lake Road a distance of 234.24 feet to the point which point marks the true point of BEGINNING, said tract containing 25.526 acres and being shown on p1.at prepared by Gudger Surveying dated September 25, 1.985. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of his 1.egal representative, s/LILLIAN H. CASTLEBERRY the of record 60% of title holders the land area of the above fee simple title, or described by acreage: Hugh Ragan made a motion the signature be validated and the pub1.ic hearing set for November 4, 1985. Kathy Brooks seconded the motion which carried 5-0. (E) Lifting of moratorium. Max Bacon said that in November, 1984, the City placed a moratorium on multi-family rezoning requests to determine if the City had the ability to provide certain services; i.e., water and sewer, roads, recreation facilities. Hensley-Schmidt was contracted to give a detailed report and they made several recommendations as options, some dea1.ing with land use intensity, impact fees and also dealt with our fee structure. Max said at this time he would not recommend that we implement any of the land use intensity plan or the impact fees. Max said he did have several recommendations, the first being the implementation of an architectural review committee with recommendations on its makeup and powers and duties and responsibilities. They would be charged with the responsibility of reviewing building plans, not from a standpoint of conformance to the Southern Standard Building Code, but from a quality of life position. They would not be reviewing square footage of a parking space but would review the parking space' s proximity to the front door or windows of the multi-family units. They would be less concerned with how a unit was constructed and more concerned with the square footage of the unit and the open space provided. The committee would be comprised of the City Engineer, Building Inspector, Code Enforcement Officer, City Administrator and chairman of the Engineering and Inspections Committee. They would meet only to review multifamily plans and would do so prior to the plans being submitted to council. If council is agreeable to this, the details will be worked out with a comprenhensive package being presenteg. We would not need to re...invent the wheel as this is not uncommon in other states, particularly in fast growth areas. Max said he would also like to see commercial zonings added for approval by this committee. This partiCUlar part would come prior to issuance of the building permit and not prior to the rezoning. The second recommendation is that we require the developer to present an impact statement to council to delineate the impact that that development would have on the infrastructure of the city. It would include the impact on the water and sewer system, transportation system, drainage, and population figures for parks and recreation and school impact. Tbe impact statement would be required at submission of would be helpful in the city' s review of the overall burden that this would place upon the City. In the future, it might also lead to the by which the City could impose or calculate an impact fee. 'l'his October 7, 1985 - Continued information would developer would be and the current road be submitted required to situation. prior submit to any rezoning information on being approved. fire and police Also, the protection The fee structure was in pretty good shape with one exception and that was in the electrical permits. We need to establish a minimum inspection fee and a re- inspection fee. Other fees, inc1.uding water and sewer taps are in line. The plumbing fees are out of line and need to be brought up with the surrounding area. Hugh Ragan said several people have asked about the status of the future land use plan and although it is not complete, it is in the final stage. After further discussion, Max Bacon made a motion the moratorium be lifted and the above described recommendations be implemented. Kathy Brooks seconded the motion which carried 5-0. Upon the recommendation of John Patterson, Max Bacon the building valuation data table along with the Brooks seconded the amendment which carried 5-0. amended the motion to include other recommendations. Kathy (F) Amendment to sanitation ordinance. James Williams read a proposed amendment to the sanitation ordinance by adding the following section: Be it hereby resolved, that Section 11-29 of the Code of Ordinances of Smyrna is hereby amended by designating the existing Section as and that new sections be added thereto so as to read as follows: of the City Section A; B. It shall be unlawful for any person to private or commercial container or on any where the so1.id waste or refuse was generated, place solid property or except; waste or location refuse into a different from 1 ) when the City of Smyrna, such container has been approved by the proper as designated by the Mayor and Council of the City, authority of 2) and such container is designated and intended for use by the location where the so1.id waste or refuse was generated. C. It shall be presumed that solid waste or refuse containing matter identifying the owner was under the possession and control and belonged to such owner at the time it was discarded, and therefore, that such owner discarded the same in the manner such solid waste or refuse shal1. be found, unti.l otherwise proven. D. The City Administrator is hereby as a reward to any person except a a conviction of any person viOlating the authorized, but not required, to city employee, for information provisions of the ordinance. pay $50.00 leading to E. Violations of this ordinance shall be punishab1.e as a misdemeanor as provided in the Code of Ordinances of the City. James Williams made a motion the amendment be approved as seconded the motion which carried 5-0. read. Kathy Brooks AWARD OF BID: John Patterson said bids were received from four companies for a rotary mower for the Parks Department. The low bid did not meet specifications and John Patterson recommended the second low bid from Coxwell Tractor be accepted. Kathy Brooks made a motion the bid be awarded to Coxwell Tractor at $7,050 for a John Deere Model 930 mower. Bob Davis seconded the motion which carried 5-0. COMMERCIAL BUILDING PERMITS: (A) Union Oil requested a building permit for new Street and South Cobb Drive. Kathy Brooks made a subject to approval of the City Engineer and Fire the motion which carried 5-0. construction at Powder motion the permi t be Marshal. James Wil1.iams Springs approved seconded (B) Ridgeview Institute requested a building permit for office/condominium tenant finish. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal at a total estimated cost of $35,000. Hugh Ragan seconded the motion which carried 5-0. (C) Tom Gorin & Company requested a building permit for construciton at Highlands Park at a total estimated cost of $420,000. Hugh Ragan the permit be approved subject to approval of the City Engineer and of a warehouse made a motion Fire Marshal. October 7, 1985 - Continued James Williams seconded the motion which carried 5-0. ( D ) The a total approved seconded Smyrna Post Office requested a permit to enlarge their estimated cost of $278,000. Kathy Brooks made a motion subject to approval of the City Engineer and Fire Marshal. the motion which carried 5-0. parking lot at the permit be James Williams CONSENT AGENDA: 23 be approved as Hugh Ragan made a submitted. Bob Davis motion the minutes of September 3, seconded the motion which carried 5-0. 16 and COUNCIL INPUT: James Williams in our county water billing and the next 30 days. said we are hopefully we continuing will have to work a final on discrepancies dispositon within are Cowan doing and Martha Morris in in conjunction with the the Inspections Department moratorium and changes Kathy Brooks commended for the gOOd job they adopted tonight. Carol Hugh Ragan reiterated the city-wide violators and told John Patterson we and see what can be done. problem we have need to take a with hard speeding look at and the traffic problem Jim Hawkins reminded everyone of the e1.ection November 5th and congratulated Max Bacon for being the next Mayor, having had no opposition in the qualifying period. Wards 1 and 7 are also unopposed but polls will be open because of the special referendum dea1.ing with 4 year staggered terms. With no further business, meeting adjourned at 9:29 p.m. ************************ October 21, 1985 The regular scheduled meeting of Mayor and Council was held October 21, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also P~esent was City Administrator John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams, Clean City Coordinator Elsie Rape and representatives of the press. Invocation was given by Bob Davis followed by the pledge to the flag. Nothing to report. DEPARTMENT REPORTS: (A) Patterson reported on the financial condition of the City through the first quarter of the fiscal year. About 15% of the revenues for the General Fund have collected and with property taxes being due November 15th, that figure increase consideraply. Expenditures in the General Fund are at which is in keeping with the passage of time. Mr. Patterson said you will have higher expenditures the first quarter and lower The utility fund has collected about 28% of projected revenues which is better than you would expect, with 26% of this fund being spent. In the State Grants Fund, 26% has been collected and the same amount spent. In the Revenue Sharing Fund, 25% of the revenues to date have been collected but through September 30th, only $3,200 was spent. Mr. Patterson said there were no departments out of line in their expenditures. (B) Chief Larry Williams made a Fire September they had 29 emergency calls. September and $119,000 year to date. 1,145 and the Prevention Bureau made 58 permits i.ssued. The fire department also have COmpleted the inspection and repair of Department report and stated that during Fire loss was approximately $5,200 in hours were spent on training in September inspections. Also, there were 116 burn conducts fire safety programs.and they hydrants throughout the City. (C) Rape stated the Clean C;lty Conunittee has placed neWSpaper recycling bins locations and they hoped to USe from these to buy plants and for their adopt-a-spot October 12th was also clean up day in Smyrna and Elsie introduced three high school October 21. 1985 - Continued students who participated by volunteering their time to clean along Spring Road. PUBLIC HEARINGS: (A) Rezoning at 1263 Hunter Street from R-15 to Office/Institutional. J. M. Proctor requested the rezoning and there were two people in opposition. John Patterson said that Mr. Proctor was the owner of four lots with a total of 200 feet frontage on Hunter Street. The rezoning is for three of those lots which they will sell for 0&1 development. The other lot would remain R-15 and Mr. Nichols plans to build a home there. Property to the west is LC with R-15 to the east and the rear of the property abutting a recently rezoned LC lot. Mr. Proctor and Mr. and Mrs. Bradley. in opposition. were sworn in by Attorney Camp. Mr. Proctor said his home was the only residence on Hunter Street and their property is actually the buffer zone between the businesses on Concord Road and homes at the end of Hunter Street. on Dunn Street. If these 3 lots are rezoned and sold. they would build their home on the fourth lot and still buffer these homes from the commercial development. Mrs. Bradley said they had owned their home on Dunn Street for 29 years and were opposed to any further commercial development on Hunter Street. Also. she had been told that the minimum lot frontage must be 85 feet for development and these lots are only 50 feet across. Mr. Camp said if the lot was platted and recorded prior to the adoption of our current zoning ordinance it would be grandfathered and he would have to build according to the recorded setbacks. Max Bacon said the only problem he had with the zoning was the accessibility to the property since Hunter Street is one-way and there is a lot of traffic now from the Nichols developments on the corner of Concord and Hunter and also thought the development would be an intrusion into the residential neighborhood. Mr. Proctor said if council would like to table the request he would be happy to meet with the City and resolve any prOblems concerning traffic and suggested the possibility of making Hunter a two-way street. After further discussion Max Bacon made a motion the rezoning be denied the property is inaccessible to Concord Road and the development would intrusion into the residential neighborhOOd. James Williams seconded the which carried 6-0. Max Bacon said if at some point and time information be gathered to make Hunter a two-way street. he may reconsider. Attorney said if the zoning was brought up again it would have to be readvertised posted. since be an motion could Camp and (B) Rezoning of 9.87 acres on Atlanta Road from R-20 to Office/Institutional. Attorney Gene Johnson represented applicants Paul Chastain and Johnny Roper and there were 5 in opposition. All were sworn in by Attorney Camp. John Patterson said this property was annexed into the City recently as R-20 and there are plans now for an office complex. To the north of this property is residential property along Atlanta Terrace. Trinity Baptist Church to the south and Smyrna Presbyterian Church across Atlanta Road. Gene Johnson said initially the owners of the property wanted it zoned commercial and the land use map indicates commercial use. but they were informed this would not be desirable to the residents in the area. They met with the nearby residents about an OD classification but this was also not acceptable to them and they indicated that 0&1 would be acceptable. They met again with the neighbors concerning use of the property under the 0&1 classification and had agreed to several stipulations. Mr. Johnson said the neighbors had now requested that no structures be built until the buildings on Atlanta Road were totaly developed and his clients requested that they be allowed to develop the property without that restriction. Raymond Reed spoke in opposition and said they were use of the property and had more or less reached would develop the property as it was first presented however. that the developments facing Atlanta Road this would ensure a quality development throughout. not opposed to a reasonable a compromise. if the owners it to them. They did request. be completed first because John Patterson and following a to provide an Max Bacon made a stated that water and sewer service to the property is adequate question from Chuck Camp. Mr. Johnson said they had also agreed acceleration/decel.eration lane. Following lengthy discussion. motion the zoning be approved with the following restrictions: October 21. 1985 - Continued 1) That Sections 10-12.1. 10~12.2. 10-12.3. 10-12.4 and 10-l2.5 of the planned office development section of the Code of Ordinances be adhered to; 2) That no warehouse developments be constructed on the property; 3) That section 710.17 of the Code be adhered to, or parking garages; disallowing parking lots 4) That an acceleration/deceleration lane be provided; 4) That no structure be erected until the completion of the office buildings fronting Atlanta Road; 6) The following restr:l..ctions and covenants shall apply to the property known as the Chastain/Roper property. a plat of which is prepared by Paul Lee Consulting Engineering Associates. dated August 16. 1985 as follows: A) The water retention area of the close proximity to the middle of the rear of the City of Smyrna Engineering Department. property shall be located property line subject to the at or in approval B) A 75 foot natural buffer shall be located along the western property line of the subject property and shall not be reduced until and unless the adjoining property ceases to be used as single fam:l..ly residential. C) Office structures fronting on Atlanta Road or traditional design and be equal to or better in located at the intersecion of Cherokee Street and the City of Marietta. Georgia. shall be of "Williamsburg" quality to those structures Page Street located within Bob to on vote seconded the motion. Following discussion Max Bacon amended the motion the development be equal to plans presented tonight of the development Cherokee Streets in Marietta. Bob Davis seconded the amendment and on the amendment and main motion carried 6-0. (C) Re~oning of 19.730 acres on Spring Road from Neighborhood Shopping to General Commercial. Richard represented Hiram S. Cochran. applicant and there was no opposition. John Patterson said this is an undeveloped tract located on Spring Road across from Morrison's Cafeteria. To the west is Cumberland Bridge Apartments with undevelop~d land to the east. Mr. Patterson said a letter had been received from Cumberland Bridge apartments expressing their strenuous objection to any change in zoning. The Planning and Zoning Eoard had recommended the zoning be approved. Bacon saj~d that at one time Cumberland Bridge apartments applied for on this same tract for additional apartments. but they were turned down and this could be the reason for their objections. Mr. Davis said the present NS classification does not allow movie theatres which they would like to have as one of their anchor tenants. They have been in constant touch with the Department of Transportation concerning the new design of Spring Road when the ramp is constructed to I-285 and will continue to work with them. Also. there are three existing curb cuts on the property but they will only use two of them. The Neighborhood Shopping classification also does not allow shops larger than 40.000 square feet and they have received a commitment for a health spa as one of their tenants which would exceed square footage allowed. Mr. Davis said they would also be agreeable to providing an acce1.eration/dece1.eration lane and this would also be one of the requirements by DOT. After disCJ.:(ssion. Bob Davis made a motion the zoning be approved with the stipulation that an acceleration/deceleration lane be provided if needed. Max Bacon seconded the motion which carried 6-0. (D) Variance to reduce required requirement for development of 19.730 parking acres on spaces and Spring Road. reduce yard and buffer There was Cumberland also were more no opposition in the audience but Mr. Patterson said the letter from Bridge apartments also opposed the variance request. Richard Davis the applicants and said he was a landscape and they a reduction froUl 1.23.8 required to 1.050 spaces to allow for area and be more aesthetically pleasing. October 21. 1985 - Continued Bob Davis made a motion the reduction in parking spaces to 1.050 spaces be approved. Jack Shinall seconded the motion which carried 6-0. Bob Davis said we had received a letter from Colonial Pipeline approving the variance to reduce the side yard and buffer requirement and made a motion a variance of 40 feet be approved on the eastern side of the property. abutting Colonial Pipeline. Jack Shinall seconded the motion which carried 6-0. (E) Variance to allow rental of apartment at 2720 Stonecreek Road. Mrs. Frances Grant requested the variance to allow rental of a basement apartment at her home and there was one person in opposition. John Patterson said Mrs. Grant came before council sometime ago and asked for a variance to rent the apartment and it was denied. Since then she has gone through the formal process of applying for a variance and provided all information necessary. The proprty is zoned R-15 which allows only one family per residence. Mrs. Grant said She was on a low income and had a retarded son who is not able to work and could not make ends meet without the additional income. Mr. S. J. Williamson of Stonecreek Road said he was opposed because he has lived there for quite some time and the neighborhood is 30 years old and is all single family homes. Mrs. Grant always has vehicles parked on the right of way and it is dangerous for the small children who walk to school. Mr. Williamson said the last time he was in Mrs. Grants home there were no restroom facilities in the basement and he also felt the variance signs were not properly posted. Mrs. Grant said she has had the basement remodeled and it has a full hathroom. carpeting. etc. She has also been using her yard for parking and said there are no vehicles parked on the street. She had rented the apartment for 7 months before she realized she would need a special permit. Mrs. Grant said she receives $488 per month Social Security. $117 from the Veterans Administration and her son gets $450 per month Social Security. Her home is not paid for because she had borrowed money on it to make repairs and her medical bills are quite high for her and her son since she is also a heart patient. Jack Shinall said he could sympathize with Mrs. Grant but this is a single family district and has to be restricted. We are constantly receiving complaints from allover the city about people renting their homes. Jack told Mrs. Grant he would be happy to work with her personally in any way he could and to help her son find work. but at this time would make a motion the variance be denied. KathY Brooks seconded the motion which carried 6-0. (F) Variance to eliminate 10 foot buffer required between non-residential and residential property at Smyrna Post Office. Russell Lawrence represented the post office and there was no Patterson said the post office is constructing a new parking Street and the existing parking lot. Our ordinance requires a along the boundary which abuts Crestwood Apartments. opposition. Mr. lot between Ward 10 foot buffer Kathy Brooks asked Mr. Lawrence if they had thought about using a fence and Mr. Lawrence said he would have to get approval for that. but would work on it. Kathy said the post office is donating the dirt they are excavating to the City and when the parking lot is finished. customers and employees will exit onto Ward Street with the entrance on Cherokee Road. After further discussion Kathy Brooks made a motion the variance be approved with the stipulation that if prOblems are encountered in the future. a fence be erected along the property abutting Crestwood Apartments. Hugh Ragan seconded the motion which carried 5-0. with Max Bacon abstaining. (G) Variance to reduce minimum side yard requirements at 3664 Lake Drive. Marie Boatfie~d requested a variance of 8 feet for construction of a garage at her home. There was no opposition and the adjoining property owner had provided a letter stating he had no objections. Mrs. Boatfield said she was requesting the variance to allow the garage to be built where it would not block the view of the lake behind her property. There will be a storage area in the back as part of the building and the garage will be used strictly for parking and storage of her vehicles. Hugh Ragan made a motion the variance be approved as requested. KathY Brooks seconded the motion Which carried 5-0. At the time the vote was October 21, 1985 - Continued called Jim Hawkins was out of the room with Jack Shinall conducting the meeting. (H) Transfer of beer/wine package license for Golden Gallon ff46, 2554 Atlanta Road. Golden Gallon requested a transfer of their beer and wine package license to Miss Frances J. Cambron. This request was tabled from the last meeting because Miss Cambron was not present. Miss Cambron stated that Penny Coley currently holds the license but has left the company. The police investigations was favorable and there was no opposition and Kathy Brooks made a motion the transfer be approved. Jack Shinll seconded the motion which carried 6-0. (I) Application for retail pouriYig"L'tcense for liquor, beer and ,wine. Owen E. Dorsey and Attorney Wayne Thorpe represented Days Inn of America in their request for a retail pouring license at their new location at 2700 Curtis Drive. There was no opposition. Mr. Thorpe said that Days Inns have never engaged in alcoholic beverages sales at their restaurants but several months ago asked him to assist them in obtaining a license for their inns throughout Georgia. Many facilities have elected not to sell but they have found that in order to compete in, major areas it is helpful to have alcoholic beverages available to their customers. They will not have a lounge and their experience so far is that their business is primarily from their guests. Max Bacon asked if they were aware of the 60/40 food requirement and Mr. Thorpe said they were and could foresee no problem in meeting that requirement. They will have a hospitality area off the lobby with light food served and they felt it would meet code requirements. Bob Davis asked about parking and Mr. Thorpe said that at a later meeting they would be requesting a variance to reduce the required number of parking spaces. After further discussion Bob Davis made a motion the license be approved with the stipulation that the license will not be granted until the requested concerning parking is either approved or denied. Max Bacon seconded the motion which carried 5-0. James Williams abstained, stating he is an employee of Days Inn. Jim Hawkins called for a 5 minute recess. FORMAL BUSINESS: (A) Home Occupation license at 2851 Ivanhoe Lane. Mrs. Maryam Shahabadi requested a home occupation license for a tailor/alteration business in her home. There was no opposition and Mrs. Shahabadi had a letter from her neighbors within a 300 foot radius stating they had no objections. Mrs. Shahabadi said she had heart problems and could not work continuously outside the hOme. Orders for alterations and tailoring will be taken by telephone. Jack Shinall reminded Mrs. Shahabadi that this is not a permanent license and it will be reviewed each year. Mrs. Shahabadi said she would not have any traffic at her home and she would have an extra telephone number, with the only advertising done through the telephone book. Jack Shinall made a motion the license be approved. Max Bacon seconded the motion which carried 6-0. (B) Request to extend work hours at the Fountains and the Meadows of Post Village. Richard A. Denny requested an extension of time allowed for construction at their newest developments, Monday through Sunday for a period of one year. Mr. Denny was not present and Bob Davis made a motion approval be given to Post Properties to extend the work hours at these developments from 7:00 a.m. to 8:00 p.m., Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday with the Saturday work being limited to areas away from residential neighborhoods. Sunday work will not be allowed and this permit will be good for 6 months. James Williams seconded the motion which carried 6-0. (C) Happy Hour Ordinance. Jim and which stated that Cobb County has passed an ordinance bann;lng Happy Hours recently adopted one and Max Bacon has been working on an ordinance be similar to theirs. Max Bacon said that several months ago we resolution asking bars to eliminate their multiple drink sales and every in town cOmplied. This ordinance is similar to the county's and's and Attorney Camp read the proposed ordinance to add Sections 3-80 and 3...81 prohibiting promotions commonly referred to as "Happy Hour." Following discussion, Max Bacon made a motion the ordinance amendments be approved to become October 21. 1985 - Continued effective at 12: 00 midnight. October 23. 1985. James Wi11iams seconded the motion which carried 6-0. (D) Wallace Pate presented the 1984-85 audit for the City of Smyrna and stated this is the best financial condition the City has been in for several years. Mr. Pate said there are certain State and Federal requirements now in effect that we need to comply with and We should work on that. Jack Shinall made a motion the audit be accepted as presented. James Williams seconded the motion which carried 6-0. AWARD OF BIDS: (A) John Patterson stated that bids were received from 3 companies to resurface the parking lot at the Parks and Recreation office. The low bid was from Able Asphalt at $5.540. Jack ShinaLL made a motion the low bid be accepted. to be paid from State Grants. Max Bacon seconded the motion which carried 6-0. (B) Bids were received from two companies, on buying uniforms for Public Works and Parks and Recreation personnel. John Patterson said rental of uniforms is the same cost to the City and he felt it would be wise to purchase the uniforms and let the employees have them. The low bid was from T&T Uniform. at $134 per employee. Jack Shinall made a motion the low bid from T&T Uniforms be accepted. James Williams seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Tolar Construction Company requested a building permit for tenant finish at 5300 Highlands Parkway at a total estimated cost of $300,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (B) Brawner Hospital requested a a total estimated cost of $18,000. subject to approval of the City the motion which carried 6-0. building permit Max Bacon made a Engineer and Fire for a 20 motion the Marsha1. x 30 addition at permit be approved Bob Davis seconded (C) Nea1 Loia Construction requested a bui1ding permit for tenant finish at 2401 Lake Park Drive at a total estimated cost of $7.000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. (D) Burger at a tota1 be approved seconded the King on South Cobb estimated cost of subject to approva1 moiton Which carried Drive requested a bui1ding permit for remodeling $10,045. Kathy Brooks made a motion the permit of the City Engineer and Fire Marshal. Max Bacon 6-0. CONSENT AGENDA: James Williams made can units for new 6-0. a motion approval be given to purchase 100 underground garbage installation. Kathy Brooks seconded the motion which carried COUNCIL INPUT: Jim Hawkins reminded everyone of the Halloween Carnival at Cobb Center Mall October 31st and the election November 5th. Jim Hawkins stated that James L. Davis. a 15 year employee had died today at Smyrna Hospital following a long bout Funeral Home in Marietta is in charge of arrangements. of the City of with cancer. Smyrna Hanley Jack Shinall thanked everyone for their of his mother two weeks ago. support and concerns over the death With no further business, meeting adjourned at 10:44 p.m. October 2l. 1985 - Continued ARTHUR T. BACON".J':'!AYOR "