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10-17-1988 Regular MeetingOctober 11, 1988 meeting - continued requires that an offer of settlement be made and Mr. Patterson said he wanted everyone to be aware of the terms of the settlement offer and possible liability on the part of the City in the event we lose the case in court. John Patterson said that Wit Carson has received a contract of $64,900 for the property on Bank Street at the end of King Street. Wit is now acting solely as agent for the City at a 5% commission fee. A formal appraisal has not been made but an estimated value of the property has been determined by Clint Bucker at $55,000 to $65,000. Jim Hawkins made a motion we accept the offer of $64,900. Bill Scoggins seconded the motion which carried 6-0. :With no ther business, meeting adjourned at 7:12 p.m. A. MAXACON,� MAYOR MELIIrA D 0 CI91 TY :•' PAVA WADE +•D • +�'• • 1S M4.+INS WARD 4 2002 October 17, 1988 The regular scheduled meeting of Mayor and Council was held October 17, 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 except for Bob Davis. 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 Skye Allison, pastor of Smyrna Church of the Nazarene, followed by the pledge to the flag. CITIZENS INPUT• Senate. Mayor Bacon recognized Ken Parris, candidate for the State Kathy Jordan read a proclamation for Poppy Day and presented it to representatives of the American Legion Ladies Auxiliary. DEPARTMENT REPORTS: PUBLIC HEARINGS• Reports were given by Parks and Recreation and Finance. (A) Rezoning request - 3452 South Cobb Drive from 0&I to GC (Conditional) John Patterson stated that Glenn Brock is requesting this zoning for Long & Cox Properties from 0&I to GC Conditional to facilitate a Goodyear Tire and Service Center, a diner and auto service center. This property was zoned from R-20 to 0&I on August 18, 1986 for a medical office building but the owners have been unable to market the property under the 0&I category. Property to the north and east is zoned General Commercial, with R-15 to the south, R-15 and General Commercial to the west. This zoning request was tabled at the October 3, 1988 meeting. There was no opposition from the audience. Mr. Brock presented a plan for the development and said they had, at the request of council, attempted to make as many accommodations as possible to the adjacent homeowners. Specifically, as shown in the colored rendering, they have added a concrete wall around the dumpster and agreed to add additional buffering behind the car care center. The proposed privacy fence behind the Goodyear Car Center was removed at the suggestion of the City Engineer to allow the additional buffer and instead will have a privacy fence that will be attached to each end of the building with a gate to allow them to get to the maintenance area for the buffer. October 17. 1988 meetina - continued They also made an attempt to move the car center forward but were unable to do so and still provide adequate parking. Although this is a minimum size building for Goodyear, they are still off the 10 foot setback about 2 feet on both sides. Jim Hawkins said he had spent some talking with the residents of Lake Drive and said one concern he still had was with the gate, and he would prefer to do away with it completely to discourage littering, vandalism, etc. After further discussion, Jim Hawkins made a motion the zoning be approved from Office/Institutional to General Commercial (Conditional) with the following stipulations: 1) that a 12 foot buffer be observed; 2) red kelly brick, or some type of brick be used on the exterior of the back of the building with no windows or bays being visible from the back of the wall; 3) that an 8 foot privacy fence be installed as shown on the plat presented tonight, with no gates being allowed; 4) buildings cannot be re -arranged from the drawing presented; 5) white needle pines and red tip photinas be planted in the 12 foot buffer. Jack Shinall seconded the motion which carried 6-0. (B) Rezoning request - 770 Windy Hill Road from Future Commercial to General Commercial. John Patterson said that Everett Royal is requesting this rezoning to construct a recreational camper sales facility. The 100 year flood fringe will be filled to facilitate the development and the 100 year flood way will be maintained. Mr. Royal has also deeded the necessary right of way to widen Windy Hill Road. There was no opposition. Mr. Royal said this property is about 60% in the flood plain and it will be filled at least 1 foot above the flood line in accordance with State and local codes. They will also try to improve the drainage problems on Windy Hill Road in conjunction with their development. Mr. Royal said he has signed a conditional lease with Discount Campers to sell tents, campers, etc., but no large motor homes. This will be a 2880 square foot building with a 35 x 80 showroom with a small office and parts room. The retention pond will be built to serve this development and the adjacent property since the retention pond for that parcel was never constructed. Following discussion, Kathy Jordan made a motion the zoning be approved with a stipulation that the back portion of the property remain in its natural state. Jim Hawkins seconded the motion which carried 6-0. (C) Variance request - side yard reduction at 1721 Cutler Ridge John Patterson said that Bob Thornton is requesting this variance to reduce the minimum side yard from 10 feet to 8 feet. A mistake was made during the layout of the footing boards and not discovered until after they had been poured. The house is now almost complete and ready for occupancy. There was no opposition. Mr. Thornton said they laid out the footings and had a survey made before any concrete was poured. The surveyor assured him there was 18 feet to the property line. The bank later required a foundation survey and at that time he learned the original surveyor was no longer in business. He then called Gaskins for a survey and discovered there was 8 feet on the side line instead of the 18 they were originally told existed. Mr. Thornton said they have had this lot surveyed a total of 5 times. Following discussion, Wade Lnenicka made a motion the variance be approved. Bill Scoggins seconded the motion which carried 6-0. (D) Variance request - minimum lot width reduction at 2756 Stone Creek Road John Patterson said that James D. Cunningham has requested this variance to reduce the minimum lot width at the building setback line. He is proposing to divide the October 17, 1988 meeting - continued lot into two fee simple lots which will contain the 15,000 square feet required to build but the lot widths will only be 62 and 68 feet instead of the 85 feet required. There were 6 people in opposition. Mr. Cunningham was sworn in with Linda Mercer, owner of the lot, and representatives of the opposition. Mr. Cunningham said the lot is in the flood plain and it will require a lot of additional expense to fill and make drainage improvements required for development. All other requirements can be met with this exception. Mr. Cunningham said lot width of the other homes in the subdivision varied from 80 to 78 feet and these would not be out of line. Mr. Cunningham said he was proposing to build homes approximately 13,000 to 15,000 square feet in size to be leased or rented. Mr. Stephen Williamson of 2661 Rosalyn Lane spoke in opposition because he felt the variance was excessive and would not be in keeping with the other homes in the neighborhood. After further discussion Jack Shinall said applicants for variances must prove an unusual hardship for a variance to be granted and a financial hardship has not been proved to be an unusual hardship. Secondly, the lots as proposed would be the smallest lots in the neighborhood. For those reasons, Jack Shinall made a motion the variance be denied. Bill Scoggins seconded the motion which carried 6-0. FORMAL BUSINESS• (A) Bid opening - computer hardware for Library. Bids for new computer equipment were opened, read and recorded as follows: Phoenix Business Systems $13,365 MS Data Systems, Inc. $16,945 Universal Data Consultants $15,390 DP Enterprises $25,250 IBM $16,948 Kathy Jordan made a motion the bids be turned over to the committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 6-0. (B) Appointment to Parks & Recreation Commission - Ward 1. Kathy Jordan made a motion the appointment be tabled to the next meeting. Wade Lnenicka seconded the motion which carried 6-0. (C) Appointment to Parks & Recreation Commission - Ward 6. Kathy Jordan made a motion Sarah McDaniel be reappointed to the Parks Commission representing Ward 6. Jack Shinall seconded the motion which carried 6-0. (D) Business license request - J&J Security Alarm, 4499-F South Cobb Drive. John Patterson said that Jeffery J. Buckner has applied for a business license to install burglar alarms. in the City. The police investigation was favorable and Mr. Buckner is also licensed through the State of Georgia. Mr. Buckner said his office is located just outside the City, but was requesting the license to allow him to install residential and business alarms in the City. He is bonded and licensed by the State. Mr. Shinall asked Mr. Buckner to furnish a copy of his bond for our files. Jim Hawkins made a motion the license be granted. Wade Lnenicka seconded the motion which carried 6-0. DTn AWADnQ . Jack Shinall made a motion the low bid of $21,500 be awarded to Harolds Sales & Service for new fire hose. Kathy Jordan seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: There were no permits for consideration. October 17, 1988 meeting - continued CONSENT AGENDA• (A) Approval to request bids - fire department vehicle (B) Amendments to FY89 budget (C) Agreement - Executive Golf, Inc. (D) Re -naming of King Springs Park to Tolleson Park Jim Hawkins made a motion the Consent Agenda be approved with the exception of item (C), the agreement with Executive Golf, Inc. Kathy Jordan seconded the motion which carried 6-0. COUNCIL INPUT: Jack Shinall reminded everyone that this is Fire Prevention month. Jim Hawkins read a letter from the Jesse Coleman Council concerning the Red Ribbon Campaign October 24-30 promoting a drug free Georgia, and asked for the City's participation. Wade Lnenicka asked about the water line construction on Atlanta Terrace. John Patterson said Welker & Associates is funding the relocation of this line but it is still in the design stage. Wade Lnenicka said the construction of the new Public Works facility is coming along well and we hope to have it ready for occupancy by next month. Jim Hawkins said at the last meeting he made a statement that the water ban had been lifted and that was incorrect. The water ban is still in full effect. Mayor Bacon thanked Bob Betenbaugh and the Parks Committee for approving the re -naming of King Springs Park. With no further business, meeting adjourned at 8:51 p.m.