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06-19-1989 Regular MeetingJune S. 1989 meetina - continued organizational meeting of the committee established to fund the changes that must be made but did not attend. Mr. Shinall said everyone involved had pledged themselves to giving our children the best educational opportunities available and felt this will be one of the best things that has ever happened to our city in many years. Mayor Bacon closed the meeting by stating he had never known any individual that loved our city as much as Bob Betenbaugh did. Not only was he a good council member, but a good family man and he will be hard to replace. Bob had a tremendous impact on this council the short time he served. With no fu ther business meeting adjourned at 10:14 p.m. WARD 7 - VACANT June 19, 1989 The regular scheduled meeting of Mayor and Council was held June 19, 1989 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 Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by David Autry, pastor of Faith United Methodist Church followed by the pledge to the flag. CITIZENS INPUT: On behalf of the Hands, Feet and Mouth Organization, Cheryl Bursh requested assistance for their organization whose goal is to strive to make changes in the outcome of the lives of some 80 children who live in the Rose Garden Hills community. Ms. Bursh said their sole support is through volunteers and they need assistance with funding, audio/visual equipment and operating materials. The address for the Hands, Feet and Mouth Organization is P. O. Box 478, Smyrna, GA 30081. Jerry Nelms, a resident of Crestview Drive requested increased police enforcement through the STEP units in his neighborhood and especially at the intersection of Crestview and Wisteria. Mr. Nelms said it was not safe for his 4-year old son to go into the front yard alone because of the numerous traffic violations; primarily running the stop sign and speeding. Mr. Nelms said they were also requesting speed humps if the increased enforcement did not curtail the violations. Jim Hawkins requested Mr. Patterson to have the STEP unit moved to this intersection and have a progress report ready for the July 17th meeting. PUBLIC HEARINGS: (A) Rezoning of 1.66 acres at South Cobb Drive and Wisteria Lane from R15 to General Commercial. John Patterson said that Paul Chastain of Unocal Partnership is requesting the rezoning of this 1.66 acre tract to build an auto service center. To the north, east and west is R15 single family, with Residential High Rise (vacant) to the south. There was a large group in opposition and the spokesman for the group was sworn in along with applicant Paul Chastain. June,19, 1989 meeting - continued Mr. Chastain said they were requesting this zoning to construct a car service center consisting of approximately 3,000 square feet. The building will be placed about 100 feet from the rear property line and they are also proposing a 10 foot undisturbed buffer with an additional 40 foot landscaped buffer. Mr. Chastain said they would also be willing to provide an 8 foot privacy fence on the property line adjoining the homes. An acceleration/deceleration would probably be provided after they receive the curb cut approval from the State Department of Transportation. Mr. Chastain said the need for a development of this type had been determined through their demographic study according to the number of people in this area, income, age, traffic patterns, etc. They are trying to give enough buffer so as to not disturb the quality of lifestyle for homes behind the development. Jim Hawkins asked about the plans for the remainder of the 1.66 acres not required for this development. Mr. -Chastain said they did not have any plans, other than for future expansion. Jim Hawkins said one of the concerns council has had in the past is that once you zone a piece of property General Commercial it opens it up to a wide range of uses and asked Mr. Chastain if he would have any problems with a condition being placed on the zoning restricting use of the property to a Minit-Lube according to the site plan presented tonight. Mr. Chastain said he felt a stipulation such as that would be too restrictive and could not agree to it because any other use, even an auto supply store, would require rezoning. Jerry Nelms presented a petition signed by approximately 35 individuals in the neighborhood along Alpine Drive, Crestview, Wisteria and Magnolia Drive area in opposition to the Jiffy Lube or any commercial development. There are 6 homes abutting this property and all these people are retirees who have lived in their homes for quite a number of years. Mr. Nelms said they view this as spot zoning and are concerned about the amount of traffic in the neighborhood and especially with the high rate of speed on South Cobb Drive. Also, there have been a high number of accidents at this intersection. Jim Hawkins said he had checked the records today and there had only been 8 reported accidents at this intersection at the last 3 years. Another concern he mentioned earlier was the speed limit on this portion of South Cobb Drive. Mr. Hawkins said we are required to get State approval to alter the speed limit on South Cobb and are in the process of requesting a reduction in this area of South Cobb from 55 to 45. We should know something in 30 to 60 days. Jack Shinall said the property fronting South Cobb Drive will eventually have either a GC or some other type of high density zoning; there is no way to prevent that. Mr. Shinall said council is charged with denying zoning based on health, morals and welfare of the community, with specific facts and was a little confused about the reasons for opposition. Mr. Nelms said they have an existing need for some type of traffic control in the community because it is a thoroughfare from South Cobb Drive to Bennett Woods and Lake Park Subdivision. By having the commercial structure there they felt traffic would increase and cause a detriment to the neighborhood. They also felt this business would create a noise problem for the adjacent homeowners and did not think this development would be in keeping with the long range plans of the City. Mr. Chastain said this development would not create traffic but would appeal to the traffic already there. Cost of the land prohibits any 0&I use and an office development also generates more traffic than their development. Mr. Chastain said he felt they had addressed the neighborhood problems by providing an adequate buffer and personally did not think the homes would be impacted. Wade Lnenicka asked Mr. Chastain if he had a contractual commitment for this property. Mr. Chastain said he had letters of intent from two different national oil companies for development. Both are identical in operation and are waiting for a decision. Jack Shinall told Mr. Chastain he had some concern over future expansion of this property and thought any development would have to be firmly established prior to rezoning. Jim Hawkins said there had been some good points on both sides tonight and agreed this was a very expensive piece of property, unthinkable to be used as single family residential. However, what has to be weighed tonight is what will be fair to everyone concerned and what is reasonable as far as planning for our city. Jim Hawkins made a motion the zoning be denied on the grounds June 19, 1989 meeting - continued that it is surrounded on three sides by R15 single family and on one side by residential high rise. The property is designated on the future land use map as 0&I and this zoning would be the most compatible. Bob Davis seconded the motion. Wade Lnenicka said he would support the motion because he felt the GC. category, without being defined, is too broad and felt 0&I would be a proper use for this property. Jack Shinall said he, too, would support the motion and pointed out that 0&I does not require buffers that Mr. Chastain has proposed tonight. They would be smaller, with buildings closer to the property and would more than likely create more traffic. However, as presented tonight Mr. Shinall said he could not support the motion because of the vagueness of the construction. Vote on the motion to deny carried 6-0. (B) Rezoning of 4.84 acres on Aline Wolfe Drive from RM10 to Residential High Rise. John Patterson said that John Hallman of East Cobb Corporation is requesting this rezoning to build high rise housing for the elderly. This property is located just across from the Church Street park facility with the Senior Citizens Center. Property to the north is zoned Light Industry, with General Commercial to the south and Limited Commercial and high density residential to the west. The Future Land Use map shows this property as high density residential. The Planning and Zoning Board recommended the zoning be approved. There was a group in the audience who asked to be sworn in to allow them to ask questions during the hearing, although they were not actually in opposition. The applicant for the rezoning and several others were sworn in by Attorney Camp. Paul Linney represented the applicant as the architect and partner in the project. Mr. Linney said they are proposing 386 one bedroom units that will be marketed exclusively to the elderly between 67 and 74 years of age. The building will be approximately 105 feet tall with a total of 12 stories. Coverage of the property will be approximately 53% building and pavement with 47% green space. Jack Shinall asked if these apartment would only be leased or rented to the elderly. Mr. Linney said that is what they have identified as their market, but did not know if they would be rented exclusively to this age group. Mr. Hallman said the city code requires that one member of the family living in the apartment be 62 or older and that would be the case in all instances. Mr. Linney said he had been involved in several other retirement home communities but this would be the first project of East Cobb Corporation. The structure will be primarily synthetic stucco with controlled angle lighting, focused down to the parking lot. They would like to have a back entrance to the K-Mart shopping center behind them, only for pedestrian traffic. Aline Wolfe is now a two lane arterial road and they will widen the street on the west side by 12 feet. Construction traffic will use Church Street with no traffic through the condominium development adjacent to this property. Mr. Linney said the project may be built in phases, but with the full 386 units they did not expect to need any more than 20 to 25 full time employees and those will be related primarily related to food service. There will be no nursing care facilities since this will be an independent living facility only. Mr. Linney said the apartments would rent from $850 to $900 per month. Mr. Linney said one of the reasons for choosing this site was that restaurants and shopping were within walking distance and typically, developments of this type generate one fourth of the normal traffic usually generated from an apartment complex. Jim Hawkins said the next item on the agenda was for a variance for access allowance on Aline Wolfe Drive and asked if they anticipated further variances. Mr. Linney said they did not expect any other variances and felt the building could be built within code requirements. Kathy Jordan asked if the units would be Federally subsidized and Mr. Linney said they would not; only private funds will be used. If the development is built in phases, it could take 3 to 3 1/2 years for completion of the site. There was some discussion about water service and John Patterson said the developer would be required to provide whatever lines were needed to provide adequate flow. June 19. 1989 meeting - continued Chuck Edwards spoke on behalf of .the Oakridge Condominium Homeowners Association and said they were not necessarily opposed to the development but had some concerns including traffic through their neighborhood and buffers. They were also concerned with the location of the entrance of the development. Mr. Linney said the entrance for service vehicles will to the south with the main entrance further north, near the curve of Aline Wolfe Drive, but the plans could be changed to move the main entrance away from the curve in the road to discourage through traffic. Also, a 10 foot buffer will be provided as required by code. Jim Hawkins told Mr. Edwards that if this development proposed a serious traffic problem he would be glad to meet with the Oakridge homeowners association again to look into closing Aline Wolfe Drive. Marshall Roberts spoke in opposition to the development because when the property was zoned for a funeral home in 1966 there was a stipulation that it be restricted to that use. Mr. Roberts said he was opposed to the zoning, on general principles. If the property is zoned, Mr. Roberts said he thought the City should close Aline Wolfe Drive and require the developer to provide access to the complex from the west side of the funeral home. Mr. Camp informed Mr. Roberts that council is not bound by the stipulations in the 1966 minutes; that is what rezoning is for. Also, the property has already been zoned one time since then from commercial to RM10. There was some discussion about access to the development and Mr. Camp said if there is a public street available to the property, you cannot deny the owner the use of that street. After further discussion, Jim Hawkins made a motion the zoning be approved with the following stipulations: 1) That the developer provide an extra lane on the west side of Aline Wolfe Drive to the southerly most curb cut; 2) That the southerly curb cut be no closer than 20 feet from the center point of Aline Wolfe and Medlin Street (at least 20 feet north of the curve); 3) That an acceleration/deceleration lane be installed on Church Road at Aline Wolfe Drive; 4) No right turn sign be installed at the entrance of the development, meaning no right hand turn onto Aline Wolfe Drive; 5). That no construction vehicles be allowed to travel east on Church Street in order to reach the construction site. Bill Scoggins seconded the motion which carried 6-0. Mayor Bacon called for a 5 minute recess. (C) Variance - access allowance on Aline Wolfe Drive for development of residential high rise. John Patterson said John Hallman of East Cobb Corporation is requesting a variance to allow access to his new development from Aline Wolfe Drive. Section 1015-12 of the code requires access by way of a major or minor thoroughfare and there is some question as to whether or not this street would be classified as a thoroughfare street. There was no opposition to the variance and Jim Hawkins made a motion the variance be granted as submitted. Bill Scoggins seconded the motion which carried 6-0. (D) Variance - side yard setback at 944 Dell Avenue for carport addition. John Patterson said that W. J. Strickland is requesting a variance to reduce the side yard setback from 10 feet to 6 feet for a carport addition to protect his motor home from the elements. There was one person in opposition who was sworn in with Mr. Strickland. Mr. Strickland said they wanted to put an aluminum carport on the side of their home which will be connected to the house with a covered walkway. A concrete pad is already there but' the motor home is being damaged by the weather. June 19, 1989 meeting - continued Sue Wix said she owned the house next door and was opposed to the variance. Her house is rental property now, but one of the main reasons for moving from the house was because of the camper which is an eyesore and devaluates her property. Mrs. Wix said she was opposed to the variance and was also opposed to him parking this vehicle on that side of the house. Mrs. Wix presented pictures and said Mr. Strickland has two driveways now and it would be much better if he would park his two cars on her side and move the camper to the other side of the house. Mrs. Wix said her rentors have not complained about the motor home but if she ever decided to sell the property it would be a problem for her. Jim Hawkins said he did not believe the carport addition could worsen the situation and whether the variance is granted or not, we cannot make Mr. Strickland move his motor home. Also, he does live in his home and has a considerable investment in it. Jim Hawkins made a motion the variance be approved. Bill Scoggins seconded the motion which carried 6-0. (E) Variance - side yard setback at 2654 Estelle Court for utility building. John Patterson said that Roger Rosine is requesting a variance from 10 feet to 6 feet on the side yard setback for a utility building at his home. The building was already under construction when our permit department discovered it had not been permitted and Mr. Rosine said he did not realize that he needed a permit. There was no opposition. Mr. Rosine said he has very little storage at his home, and the building would be used for storage only of bicycles, tools, etc. A letter was also presented from the adjoining property owners stating they had no objections to the variance. Jack Shinall made a motion the variance be approved as requested. Kathy Jordan seconded the motion which carried 6-0. (F) Privilege license - liquor, beer and wine package sales - Freddie Mac's Package Store - 4924 South Cobb Drive. John Patterson said that Freddie Douglas Mac is applying for a license to operate a retail package store at 4924 South Cobb Drive. This license was approved November 16, 1987 but due to financial problems, Mr. Mac was unable to open in the required time period. The police investigation was favorable and there was no opposition. Mr. Mac said legal and financial problems prevented him from opening when he first applied but everything is now in order and he is ready to open for business. The location meets all distance requirements and Mr. Mac said he was familiar with city and State ordinances concerning sale of alcoholic beverages. Jack Shinall made a motion the license be approved. Bob Davis seconded the motion which carried 6-0. (G) Privilege license management change - beer and wine package sales - Tenneco, 902 Windy Hill Road. John Patterson said Robert C. Walburn is applying as the new agent for the Tenneco license and also holds other licenses for the Munford Corporation d/b/a Majik Market. The police investigation was favorable and there was no opposition. Mr. Walburn said he does hold several other licenses in the City for Majik Market and has read and is familiar with our ordinances. Also he has requested additional copies of the ordinance for his employees to keep, to ensure that they are also familiar with them. With little discussion, Jack Shinall made a motion the license be approved. Jim Hawkins seconded the motion which carried 6-0. (H) Privilege license management change - beer and wine package sales - Tenneco, 1166 Concord Road. There was no opposition and Jim Hawkins made a motion this license also be approved for Robert C. Walburn as agent. Bill Scoggins seconded the motion which carried 6-0. June 19, 1989 meeting - continued (I) Privilege license management change - beer and wine package sales - Tenneco, 2610 Cobb Parkway. There was no opposition and Bob Davis made a motion the management change be approved for Robert C. Walburn as agent. Jim Hawkins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Extension of work hours for John Wieland Homes. John Wieland Homes was not represented in their request and Bob Davis made a motion this item be tabled to the next meeting. Jack Shinall seconded the motion which carried 6-0. (B) Approval to request proposals for traffic study John Patterson said the need for a traffic study for the City had been established by council at their planning retreat. The county has authorized some funds to assist with the study to review and analyze short-range trends in travel demand. Bill Scoggins made a motion proposals be requested for the traffic study. Wade Lnenicka seconded the motion which carried 6-0. (C) Approval of 1990 budget Jim Hawkins said council has had several lengthy meetings on the new budget which totals $18,862,117, an increase of approximately 8%. This is not as significant an increase as we have had in past years and signifies the decrease of construction. Mr. Hawkins said copies were available in the City Clerk's office and gave a breakdown of the total proposed expenditures, by department. Jim Hawkins made a motion the 1990 budget totaling $18,862,117 be approved as presented. Jack Shinall seconded the motion which carried 6-0. (D) Approval of millage rate Jim Hawkins made a motion the millage rate for 1990 remain at 10.6%, no increase from last year. Jack Shinall seconded the motion which carried 6-0. (E) Bid opening: water meters and repairs Bids for new water meters and repairs were opened, read and recorded as follows: A&P Water & Sewer Company No bid BTR Water Measurement, Inc. $6,746 total bid price Delta Municipal Supply 3/4" $22.50 1" $95.00 1 1/2" $225 1 1/2 female $225 2" flange $285 2" female $285 3" flange $425 3" female $425 4" flange $775 6" $1580 8" $2500 10" $3000 Southern Meter & Supply 3/4" $24.90 1" $66.45 1 1/2 $143.30 2" flange $221.90 2" female $221.90 3" flange $473.00 3" female not available 4" $631.25 6" $1237.50 8" & 10" not available Davis Meter & Supply 3/4" $25.11 June 19, 1989 meeting - continued Davis Meter (cont'd) 1" $55.19 1 1/2" flange $151.47 1 1/2" female $174.00 2" flange $188.88 2" female $223.70 3" flange $417.00 3" female not available 4" meter $2935 + $1000 6" meter $3990 + $1785 8" $6500 + $1965 10" $10,900 Jim Hawkins made a motion the bids be turned over to the Finance & Administration Committee for their recommendation back at the next meeting. Bill Scoggins seconded the motion which carried 6-0. (F) Validation of signatures to annex 4.5043 acres on North Cooper Lake Road Attorney Camp read the petition to annex property in Lane Lots 333 and 334 as follows: We the undersigned, who constitute sixty percent of the electors resident and sixty percent of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows:' All that tract or parcel of land lying and being in Land Lots 333 and 334 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a 1/2 inch rebar set at the intersection of the land lot lines common to Land Lots 334, 387, 333 and 388, aforesaid district , section and county, running thence along the eastern land lot line of said Land Lot 333, south 1 degree 33 minutes 53 seconds east, a distance of 353.8 feet to a 1-inch pipe found; thence leaving said land lot line and running south 86 degrees 14 minutes 30 seconds west, a distance of 569.23 feet to a 1/2 inch rebar set on the eastern right of way line of North Cooper Lake Road (being a 50-foot right of way); running thence along said eastern right of way line north 8 degrees 57 minutes 25 seconds east, a distance of 151.11 feet to a point; continuing thence along said right of way line, along the arc of a curve to the left, an arc distance of 199.45 feet (said arc being subtended by a chord having a bearing of north 4 degrees 3 minutes 5 seconds west, a chord distance of 197.80 feet, and a radius of 446.76 feet) to a 1/2 inch rebar set; thence leaving said right of way line and running north 85 degrees 18 minutes 46 seconds east, a distance of 369.63 feet to a 1-inch pipe found; running thence north 67 degrees 27 minutes 41 seconds east, a distance of 192.54 feet to a 1-inch pipe found on the eastern land lot line of said Land Lot 334; running thence along said land lot line south 1 degree 33 minutes 53 seconds east, a distance of 60 feet to a 1/2 inch rebar set, being the point of beginning; being improved real property containing 4.5043 acres as shown on that certain boundary survey for Herman L. Miller, prepared by William W. DeLoach (Georgia Registered Professional Land Surveyor No. 1711) of Pearson & Associates, Inc., dated May 31, 1988. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hand and seals of 600 of the record title holders of the land described above: s/HERMAN L. MILLER Jim Hawkins made a motion the petition be validated and the public hearing set for July 10, 1989. Wade Lnenicka seconded the motion which carried 6-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Set date for public auction - July 15, 1989 June 19, 1989 meeting - continued Kathy Jordan made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: Wade Lnenicka reported the City had won the Jebco lawsuit involving the rezoning of property at the intersection of Hurt and Concord Road. Bill Scoggins reported on parks activities. Jim Hawkins said he has received complaints about the timing of the turn signal on South Cobb Drive and Concord Road and has asked the engineering department to have the timing checked. Jack Shinall reminded the citizens that when they feel they need the services of additional patrol through the STEP units it is not necessary to come to council meetings, and arrangements can be made by calling John Patterson at City Hall. Mayor Bacon reminded everyone that the Special Election will be July 11, 1989, with qualifying to be held June 26, 27, 28. With no further business, meeting adjourned at 10:17 p.m. A. MAX BACON, MAYOR MELI A D R N CITY BOB,EAVFS, WARD J- WADE, LNENI KA, WARD 2 , Wes' 3 SHINALL, WARD 5 WARD 7 VACANT W � � :�;;•� _ • • � � mod• �