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06-06-1988 Regular MeetingJune 6, 1988 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 6, 1988 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 Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Bud Abbott, pastor of Smyrna First Baptist Church, followed by the pledge to the flag. i CITIZENS INPUT• Nothing to report. Mayor Bacon recognized Senator Hugh Ragan, Commissioner Emmett Burton, School Board Members Bill Raybon and John Davidson. Cobb County School Superintendent Dr. Thomas Tocco, Bill Raybon and John Davidson presented the deed for a 1 acre tract on the southeast corner of Powder Springs Street and Sanford Place, adjacent to Cobb Park, to the City of Smyrna. Wade Lnenicka read a proclamation honoring Joe Forte, a resident of Smyrna who is an ACC official and also has invented an aero-dynamic whistle which is being manufactured and distributed world wide. PUBLIC HEARINGS• (A) Annexation of 1.68 acres in Land Lot 302 - Benson Poole & Jones Shaw Road John Patterson said that James A. Evans, Jr. has requested the annexation of this property at the northeast right of way of Benson Poole & Jones Shaw. The legal description was read into the minutes of the May 2, 1988 meeting. There was no opposition and Kathy Jordan made a motion the property be annexed to become a part of Ward 6. Jack Shinall seconded the motion which carried 6-0. Mayor Bacon said the Cobb Marietta Water Authority today had requested that we amend our outside watering ban to include weekends and requested a suspension of the rules. Wade Lnenicka made a motion the rules be suspended, seconded by Bob Davis. Vote on the motion carried 6-0. Wade Lnenicka made a motionithe City extend the outdoor watering ban to include Saturday and Sunday, from midnight Friday through midnight Sunday and continue the present ban we have in effect from 4:00 p.m. to 9:00 p.m. Monday through Friday. The weekend ban will remain injeffect through June 30th and the conditions will be reassessed at that time. Kathy Jordan seconded the motion which carried 6-0. Mayor Bacon also announced that Commissioner Emmett Burton or one of his staff members will be at City Hall the first Wednesday of every month from 2:00 to 5:00 p.m., beginning this week to meet with residents in the Smyrna area about any problems or complaints they may have. (B) Annexation of 0.2587 acres in Land Lot 412 - Lake Drive John Patterson said Mrs. L. F. Dobbs has requested the annexation of this small tract which is being sold to McDonald's for additional parking and to provide an additional exit onto Lake Drive. The legal description was read into the May 2, 1988 minutes. There was no opposition and Jim Hawkins made a motion the annexation be approved to become a part of Ward 4. Bob Betenbaugh seconded the motion which carried 6-0. (C) Variance request - reduce front yard setback, Bethel Baptist Church, 2581 Spring Street. John Patterson said that Bethel Baptist Church is requesting that the front yard setback be reduced form 75 feet to 14 feet for an addition to the front entrance of the sanctuary and an addition between the sanctuary and educational building which will be about 39 feet from the front property line. In addition, they are requesting a reduction in parking requirements from the 125 required to 50 through a cross parking agreement with The Crossings Shopping Center. There was no opposition from the audience. Don Dorsey with Chegwidden, Dorsey, Holmes Architects represented the applications and said there would be two additions to the church within the setback but neither of the additions would be any closer to the right of way than the existing building. There are 50 to 75 parking spaces on the property now and the auditorium will accommodate 500 people. The church has an agreement with owners of The Crossings Shopping Center to allow them to use their parking facilities on Sundays and evenings, which will be more than adequate. Mr. Dorsey said a variance was June 6. 1988 meetina - continued granted in August 1987 for a similar addition but the project was shelved due to cost. His firm has recently been commissioned to design an addition within their budget and because of the length of time involved since the last variance was approved, thought it would be appropriate to come before council again tonight for approval. Following discussion, Bob Davis made a motion the variances be granted as requested. Jack Shinall seconded the motion which carried 6-0. FORMAL BUSINESS• (A) Tourist services zoning ordinance. John Patterson said the zoning ordinance needs to be amended to add the tourist services category to better control construction of motels/hotels and also remove those categories from O&I and GC categories. Bob Davis made a motion the ordinance be amended by adding a new section 715 to read as follows: Section 715. Tourist Services. The intent of this section in establishing the TS district, is to provide areas within the City which provides facilities used primarily by tourists. It is the intent of this section in establishing the TS district, to preserve existing tourist services areas and encourage the continued concentration of tourist services so as to promote the orderly development and economic stability of such areas. Such uses normally require a location that is readily accessible to the interstate highway system. Within any TS district, the following uses shall be permitted: (7.15.1 Motels and hotels: (7.15.2) Extended Stay motels and hotels provided that: a. A 75 foot buffer shall be provided where it abuts single family residential and a six-foot fence, or wall, placed on the property line. b. Required area, yards and height requirements shall be the same as those specified for RM-12. C. Distance between building structures: Building structures which are front face to front face or back face to back face or front face to back face shall be not less than sixty (60) feet apart. Building structures which are side face to side face shall be not less than thirty (30) feet apart. Building structures which are side face to front face or back face shall be not less than forty (40) feet apart. d. Arrangement of buildings: No building structure shall be situated so as to face the rear of another building structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation or unless the units are more than sixty (60 feet apart. e. Structure length: Building structure shall not exceed two hundred fifty (250) feet in length. f. Recreation area: One (1) acre of land shall be set aside as open space and be developed for recreational purposes for each fifty (50) building units planned for the development in accordance with the assumed needs of the occupants (or a proportionate percentage for less than fifty (50) building units). The minimum size of a single recreational area shall be ten thousand (10,000) square feet. (7.15.3) Churches and other places of worship and accessory facilities. (7.15.4) Public buildings and uses other than those already permitted, pro- vided that there is no outdoor storage of equipment and materials. (7.15.5) Retail sales and services accessory to the operation of a motel or hotel, conducted wholly within the building housing the use to which such activities are accessory, provided that the floor space used for such secondary uses shall be limited to twenty-five (25) square feet per room provided that: a. Every public entrance to such a use shall be from a lobby, RA June 6, 1988 meeting - continued hallway or other interior portion of the primary use structure. b. No show window, advertising or display shall be visible from the exterior of the primary use structure. C. No merchandise shall be stored or displayed outside of the primary use structure. However, the requirements of (a) and (b) above shall not apply to restaurants and cafeterias secondary to a hotel or motel; these secondary uses may be located in a structure other than the primary use structure. The following accessory uses are permitted: 1. Barber shops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments. 2. Book stores. 3. Drug stores and apothecary shops. 4. Florists. 5. Convenience food stores. 6. Gift shops. 7. Cafeterias and restaurants. 8. Lounge and/or package store for the consumption and/or sales of alcoholic beverages. 9. Private clubs. 10. Newsstands. (7.15.6) Schools: public elementary, middle and high schools and private and parochial elementary and high schools having curriculums approximately the same as ordinarily given in public schools, special schools for exceptional children, with or without students in residence, either public or private. (7.15.7) Automobile service stations, provided that no major auto repair shall be permitted and gasoline or other service facilities are located not less than fifteen (15) feet from any property line. Also, that a new sub -paragraph be added to Section 402 to read as follows: Section 402. Defined words and terms. Extended Stay Motel and Hotel: One (1) or more buildings in which lodging or dwelling are provided for tenants, wherein the term of stay is designed for more than one nights lodging. Rental units consist of one or more rooms plus a bath, without separate kitchen facilities common to apartments. Any atypical motel or hotel unit used as an apartment. Included, but not by way of limitation, in distinguishing extended stay facilities from apartments or hotels or motels are: a. Weekly rental rates, as opposed to nightly charge with 24 hour check -in - check out periods. b. Whether or not daily mail service is provided. c. Whether or not linens, towels, and the like usually found in motel and hotels are furnished. d. and any other factors which tend to demonstrate that the business depends upon extended tenant occupancy, excluding property zoned for apartments. Also, that sub -paragraphs 710.13, 713.3 and 713.4 be deleted in their entirety and that Section 802 be amended to include the same minimum requirements as General Commercial. Jim Hawkins seconded the motion to approve the amendments which carried 6-0. (B) Amendments to fire code. Jack Shinall said this amendment tonight was achieved through a joint effort with the public, building industry and government. Input was received from every sector and it has taken about 9 months to complete. The new ordinance adopts the National Fire Protection Association standards; deals with the naming of streets, apartment complexes and other buildings which gives the City full authority to select name or suggest changes; provides for lock box systems on all new commercial buildings which will allow the City access to a key to enter buildings without destroying the property; gives developers ability to either place one large fire extinguisher for every 4 living units or to put a fire extinguisher in every apartment; and last, will require all new multi -family dwellings to have sprinkler systems. Jack said we will be the only governmental body in Cobb County to have this ordinance June 6, 1988 meeting - continued and will be one of only 5% of the governments across the Nation that will require sprinkling of multi -family dwellings. Jack Shinall read a letter from the Cobb Developers Association commending our government and Jack also commended Captain Jim Ruffner and Chief Larry Williams for the good job they did in preparing this ordinance. Jack Shinall made a motion the ordinance be amended by deleting the existing Chapter 10, Fire Protection and Prevention in its entirety and replacing with the new Chapter 10 to become effective at 12:00 midnight, June 6, 1988. Wade Lnenicka seconded the motion which carried 6-0. (C) Closing of un-named street parallel to Atlanta Road at Jane Lyle Road. John Patterson said Post Properties has requested this street be closed and abandoned and conveyed to them, to facilitate their new Post Vinings development. The street previously only served the 5 homes fronting it which have now been torn down for the new apartment construction. Wade Lnenicka said the road serves no practical purpose and is now part of the Post Vinings development. Post has reached an agreement with the State Department of Transportation concerning access to the property from Atlanta Road. Wade Lnenicka made a motion the roadway, approximately 577 feet in length beginning at Jane Lyle Road and running parallel to Atlanta Road in a northwesterly direction be closed and abandoned, and conveyed to Post Properties. Jack Shinall seconded the motion which carried 6-0. (D) Set date for Ward 3 election - appointment of Election Superintendent. Jim Hawkins made a motion the special Ward 3 election to fill the unexpired 4-year term of Jerry Mills be held July 12, 1988, with qualifying June 22-24 from 8:00 a.m. to 5:00 p.m., with the run-off election if needed to be held July 26, 1988. Kathy Jordan seconded the motion which was withdrawn after discussion. Jim Hawkins then amended his motion to include that Linda Smith be appointed Election Superintendent. Kathy Jordan seconded the amendment. Vote on the amendment and main motion carried 6-0. Last day to register is June 14th. Validation of signatures to annex 5.65 acres in Land Lot 677. John Patterson said that R. L. Potts, et al have requested annexation of this 5.65. acre tract in Land Lot 677, on the east side of South Cobb Drive just south of Camp Highland Road. The legal description was read by Attorney Charles E. Camp: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) 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: Beginning at an iron pin set on the eastern right of way of South Cobb Drive, 386 feet south of the centerline of Camp Highland Road where it intersects with South Cobb Drive; thence north 05 degrees 28 minutes 20 seconds east a distance of 85.00 feet to an iron pin; thence south 82 degrees 01 minutes 27 seconds east a distance of 80.47 feet to an iron pin; thence south 81 degrees 57 minutes 00 seconds east a distance of 128.24 feet; thence south 84 degrees 05 minutes 46 seconds east a distance of 210.00 feet; thence north 06 degrees 41 minutes 07 seconds east a distance of 253.68 feet to an iron pin on the south right of way of Main Street (having a 30 foot right of way); running thence south 82 degrees 11 minutes 52 seconds east along said right of way a distance of 105.48 feet to an iron pin; thence leaving the right of way of Main Street and running south 06 degrees 20 minutes 31 seconds west a distance of 201.92 feet to an iron pin; thence south 06 degrees 59 minutes 57 seconds west a distance of 187.42 feet to an iron pin; thence south 05 degrees 29 minutes 37 seconds west a distance of 112.28 feet; thence south 82 degrees 56 minutes 55 seconds east a distance of 113.62 feet to an iron pin found on the westerly right of way line of Lois Street; thence along said right of way line south 06 degrees 41 minutes 26 seconds east a distance of 136.91 feet; thence continuing along the right of way of Lois Street south 06 degrees 44 minutes 51 seconds west a distance of 311.56 feet to an iron pin found on the eastern right of way line of South Cobb Drive (being a 200 foot right of way); thence running in a northwesterly direction along the eastern right of way of South Cobb Drive the following course and distances: north 38 degrees 17 minutes 25 seconds west a distance of 469.76 feet; north 39 degrees 44 minutes 13 seconds west a distance of 111.89 feet; north 40 degrees 44 minutes 04 seconds west a distance of 305.56 feet to an iron pin set on the eastern right of way of South Cobb Drive and point of beginning. I June 6, 1988 meeting - continued WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/HARRY P. JILES, S. H. HUDSON, R. L. POTTS Bob Betenbaugh made a motion the signatures be validated and the public hearing set for July 5, 1988. Jim Hawkins seconded the motion which carried 6-0. BID AWARDS: (A) Public Works facility. John Patterson said bid requests were recently sent to 25 firms, with 6 responding. The request was written in a manner that would allow us to accept or reject any or all of the six items listed, with item #1 being construction of the main structure, light equipment shed and heavy equipment shed and items #2 through 6 being such things as fuel tanks, vehicle lifts and other equipment for the shop. After evaluating the bids it has been decided to eliminate items 2 through 6 and perform that work through in-house personnel or on a separate contract basis. Wade Lnenicka said after careful evaluation of the bids it was decided to eliminate items 2 through 6 which should amount to a considerable savings by performing the work in-house of requesting separate bids for each item. The apparent low bidder on item #1 was West Enterprises at $417,310 with the second low bids being Williams Construction at $419,628. After the detailed comparison it turns out there was a difference between those two bids which involved the heating system and resulted in a deduction of $6,050 from the original bid, making his net bid come to $413,578. Mr. West did not bid the heating system that was specified and when offered a chance to amend his bid, chose to hold his original bid price of $417,310. Wade Lnenicka made a motion the bid be awarded to Williams Construction for item #1 at the total bid price of $413,578, being the low bid and also the bidder with the best local references and record of good performance, with the committee to make recommendations back to council at the June 20th meeting concerning the award of items 2 through 6. Jim Hawkins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Exxon Company requested a building permit for new construction at the southeast corner of Spring and Atlanta Road at the total estimated cost of $470,000. Wade Lnenicka made a motion the permit be approved. Bob Davis seconded the motion which carried 6-0. (B) Filson & Wareham requested retail/warehouse building at 2301 $650,000. Kathy Jordan made a motion the motion which carried 6-0. CONSENT AGENDA: a building permit for new construction of a Benson Poole Road at a total estimated cost of the permit be approved. Jack Shinall seconded (A) Approval of May minutes (B) Set date for City auction (June 18) (C) Approval to surplus equipment Wade Lnenicka made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka said he was still working on the situation with the trains at Ann Road. They met with railroad officials and have seen some improvements in the last 30 days; hopefully this problem has been resolved. Wade Lnenicka said the watering ban is important and the metro area needs to be uniform in their policy. Also, he was very proud to be a part of the movement for the new public works facility. Jim Hawkins reminded members of council that this would be a very active week at City Hall; starting tomorrow budget hearings will be held in the evenings with the department heads and council members. Jack Shinall said the City took a giant step forward tonight with passage of the new fire codes. The police station is still under renovation and Mr. Shinall said they are pricing furniture now. Jack Shinall also thanked Bit Rhodes for his assistance in obtaining the surplus June 6, 1988 meeting - continued property from the Board of Education tonight. Kathy Jordan also expressed her appreciation to Dr. Tocco and the Board of Education for the donation of the property tonight. Bob Betenbaugh reported on Parks activities. With no further business, meeting adjourned at 8:50 p.m. A. MAX BACON, MAYOR MELINDA)DAMFROI "CflkY CLERK WADLEL /BOB AVIS, WARD ;KA, I f AR-D 2 jaS M Z?i kATHY Br� J(!P AN, WARD 6 BOB BETENBAUGH, WARD 7 June 20, 1988 The regular scheduled meeting of Mayor and Council was held June 20, 1988 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 Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend J. W. Frady, pastor of Calvary Baptist Church. CITIZENS INPUT: Captain Bill Hayes of the Smyrna Police Department, Shawn Cochran, Wink Winkenhofer and Sue Brissey all spoke in favor of the proposed salary adjustments for city employees being considered with the budget tonight, especially in the Police and Fire departments to bring those starting salaries more in line with other departments in the area. Mayor Bacon recognized Joe Thompson, candidate for the State Senate and potential Ward 3 candidates James Williams and Bill Scoggins. PUBLIC HEARINGS• (A) Request for package beer and wine license - Circle K Convenience Store, 1828 Spring Road. John Patterson said that Mr. Lloyd Hall as attorney for Circle K has submitted an application as the appointed agent for two stores in Smyrna. Mr. Butchko will be the manager for the Spring Road location. The police investigation was favorable and there was no opposition. Mr. Hall said he was a former county attorney with Rockdale County and was with GMA and had helped draft several alcoholic beverage ordinances across the State. There was some confusion about who would be the agent because the application was not clear, but Mr. Hall said it was his understanding that as a resident of Cobb County he would be the agent and the one to be basically responsible for maintaining the license, with the managers at each location to forward him any notices of violations. Attorney Camp reminded Mr. Hall that he was also the person responsible for ensuring that all employees were fully trained and would be responsible for any violations that may occur. After discussion, Bob Davis made a motion the license be approved. Jim Hawkins seconded the motion which carried 5-1, with Wade Lnenicka opposed. (B) Request for package beer and wine license - Circle K Convenience Store, 2539 Old Concord Road. John Patteson said Mr. Lloyd Hall had also applied for the license at this location and being no opposition, Jack Shinall made a motion the license be approved. Bob Davis seconded the motion which carried 5-1, with Wade Lnenicka opposed.