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05-21-1990 Regular MeetingMay 7, 1990 meeting - continued involve 1,000 homes and three private vendors are being interviewed to discuss their proposals. Mr. Shinall said the City is establishing recycling locations at five different sites; Smyrna Hill Drive sanitation office, Jonquil Park, Tolleson Park, Fire Station #1 and Four Seasons mall parking area. Jack Shinall stated he would support a Local Option Sales Tax program to fund the new construction in Smyrna as an alternative to property tax increases and would address this proposal in more detail at a later date. Kathy Jordan also stated the Arts and Crafts Festival was very successful and well organized. Mrs. Jordan reported that she had recently become a grandmother again; her daughter Joanna gave birth to Taylor Alan Long on May 3rd. John -Steely gave a progress report from the Annexation Committee and said they will continue their aggressive annexation policy. Mayor Bacon also welcomed Ken Hildebrandt to his first meeting and first day on the job. Mayor Bacon stated that on May 6th, the Smyrna MUST Ministries had their dedication in their new building and we were very pleased that we could help them locate in the downtown area. Also on Friday, April 27th there was a very good article in the Marietta Journal about the downtown development and hopefully in about one year we will begin to enjoy the improvements and will have a complex that we will all be proud of. With no further business, meeting adjourned at 8:37 p.m. A. MAX BACON, MAYOR May 21, 1990 The regular scheduled meeting of Mayor and Council was held May 21, 1990 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, Public Works Director Vic Broyles, Personnel Director Jane Sargent, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Police Chief Stan Hook, Communications Director Steve Ciaccio, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best and representatives of the press. Invocation was given by John Hearst, pastor of Mount Zion Baptist Church followed by the pledge to the flag. Jack Shinall read a proclamation for Smyrna Dairy Queen, honoring them for 35 years of business in Smyrna and presented it to Doug Stoner. Mayor Bacon introduced Kevin Johns and Stan Wise, both candidates for the Eastern District Commission seat. CITIZENS INPUT: Nothing to report. May 21, 1990 meeting - continued PUBLIC HEARINGS: (A) Annexation of Mighty Casey's located at Spring and Hargrove Road John Patterson stated that Quik Trip is purchasing this property for construction of a new convenience store and have requested annexation into the City. There was no opposition. Bob Davis made a motion the property be annexed into the City subject to the site plan presented and approved by the City Engineer, and made a part of Ward 1. Wade Lnenicka seconded the motion which carried 7-0. (B) Privilege license - package beer and wine sales - Quik Trip, Spring and Hargrove Bob Davis made a motion the package license be continued to the June 4th meeting since the public hearing notices have not been posted on the property. Wade Lnenicka seconded the motion which carried 7-0. (C) Privilege license - beer and wine pouring sales - Rackem & Roll, 3231 South Cobb Drive John Patterson stated that Mr. James Larry Wright has requested a license for a billiard room with beer and wine at 3231 South Cobb Drive. The police investigation was favorable and there was no opposition. Mr. Wright said this would be a family recreation center with billiards and a few electronic games. A delicatessen area and bar area will also be provided for sandwiches, hot dogs and other deli -type foods but they will not have a fully equipped kitchen. Jim Hawkins said there is some concern that an establishment such as this would be able to meet the 60% food sales as required by the Code and asked Mr. Wright if he felt he could meet that requirement. Mr. Wright said he would, because he is going into the billiard and game room business, and not for the alcoholic beverages. The City ordinance requires the billiard room to close at 11:00 p.m. and they would prefer to stop beer and wine sales at that hour and be allowed to keep the tables open until later but it seems the nature of the business to have food and beverages available at all times. Kathy Jordan asked if beer and wine would be allowed at the tables. Mr. Wright stated it would probably be served anywhere on the premises since there will be tables located between the billiard tables. Jack Shinall asked about the minimum age limit and Mr. Wright said the way the ordinance reads, minors are not allowed. They do intend to operate a family business and he would like for them to be able to play if they are accompanied by a parent. Mr. Camp said the question of minors being allowed on the premises is governed by State law and he would have to check into it. John Steely stated that although Mr. Wright has stated no one under 18 will be admitted, he could foresee problems with minors outside the establishment and felt it should be closely supervised. Wade Lnenicka asked Mr. Wright how he would check ages of his customers since we have had recent problems involving alcoholic beverage sales to minors. Mr. Wright said they would check drivers licenses before being served. Discussion followed about parking and Mr. Wright stated there are 46 spaces provided in the shopping center and the two other businesses in the center close at 5:00 and 6:00 p.m. during the week, and most of his business would be conducted after those hours. Mr. Wright said he would be open from 11:00 a.m. to 11:00 p.m. Jim Hawkins asked Mr. Wright if he would be willing to add several stipulations to his application; first by adopting a dress code which would prohibit tank tops and shorts for employees and customers alike and second, to prohibit any beer or wine from being served at the billiard and video game area, limited only to the delicatessen area. Mr. Wright said he would be willing to adopt a dress code but felt that it would be difficult to restrict beer and wine to the delicatessen area and thought it would be difficult to enforce, but he would be willing to post a sign to that effect. Jim Hawkins then made a motion the license for an amusement center including May 21, 1990 meeting - continued billiards be approved. John Steely seconded the motion which carried 7-0. Jim Hawkins then made a motion the beer and wine pouring license for this location be approved seconded by John Steely. Jack Shinall said he would not support the motion because he thought it would be difficult to enforce an age limit when you have 18 year olds allowed in the billiard area where beer and wine will be served. Vote on the motion carried 5-2 with Jack Shinall and Kathy Jordan opposed. (D) Privilege license - liquor, beer and wine package sales for Mr. "T" Bottle Shop, 1184 Concord Road John Patterson stated that Mr. Edward Thomas, Sr. has applied for a package liquor, beer and wine license at this location, formerly Wayne's Package store. The police background investigation was favorable and there was no opposition. Jim Hawkins stated that he had originally voted against the license for Wayne's Package store because there are two homes within the 200 foot radius. Mr. Rozelle did obtain a waiver from one of the property owners before the license was granted and asked Mr. Thomas if he had obtained such letters. Mr. Thomas said he had not been informed that waivers were required but he would contact the property owners affected. Jim Hawkins made a motion the license be continued to the June 4th meeting. John Steely seconded the motion which carried 7-0. (E) Zoning request - 25.76 acres from RM8 to RAD for Phase II of Chateau Walk Subdivision John Patterson stated that Mr. Jack Thompson of Bear Properties is requesting this zoning from RM8 to RAD for single family detached homes for Phase II of Chateau Walk Subdivision. The Planning and Zoning Board had recommended the zoning be approved with several stipulations and there was no opposition. Mr. Thompson said this zoning was for the remainder of their property to complete construction of Chateau Walk. They are requesting smaller homes of 1250 square feet on the west side adjacent to the trailer park on Gray Road on lots 30 through 57 and possibly lot 58 and will provide an adequate buffer between those homes and the trailer park. Price range of these homes will average $98,000. Mr. Thompson said there are 39 homes in Phase I and they are 1800 to 2000 square feet. There are 76 homes proposed for Phase II. Jack Shinall stated the present zoning is RM8 which would allow over 200 condominiums so this zoning is a considerable reduction in density. After further discussion, Jack Shinall made a motion the zoning be approved with the following stipulations: 1) Price range of homes be $75,000 and up 2) Minimum lot size be 5700 square feet 3) 75% of the homes contain a minimum of 1350 square feet 4) Lots 30, 31, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 be allowed to have a minimum of 1250 square feet of heated and cooled floor space John Steely seconded the motion which carried 7-0. (F) Zoning request - 7.097 acres at Jane Lyle Road and Atlanta Road from R20 to RM12 for Phase II of Post Vinings John Patterson said that Mr. Dan Faulk of Post Atlanta Partners, Ltd. is requesting the rezoning of this property which is located at the southeast corner of Atlanta Road and Jane Lyle Road. An additional 84 apartment units will be built and Post also plans to reroute Jane Lyle Road to align with Ridge Road. Two people who asked to speak were sworn in along with Mr. Faulk. Mr. Faulk presented a letter of understanding from residents of Jane Lyle Road that they had requested be made a part of the minutes. Mr. Faulk said the letter was an agreement that Post would not buy any more of the land in the area within the next 5 years unless 75% of the owners agreed. This agreement would apply to any of the Post partners. Plans were presented of the development for 84 additional units contained in four buildings. There will be no additional amenities. Mr. Faulk said they would also relocate Jane May 21, 1990 meeting - continued Lyle Road as shown on the plans to align with Ridge Road and would move the back entrance for Phase I closer to Atlanta Road away from the residential section. Mr. Faulk said they are also asking for a variance on the setback on the relocated portion of Jane Lyle Road from 30 to 25 feet whichlis necessitated by the existing utilities. Wade Lnenicka said the Planning and Zoning Board had recommended approval of the zoning subject to stipulations that the road relocation be done at their expense and that the Jane Lyle relocation be matched as closely as possible to the Ridge Road alignment as planned by Cobb County to include a left turn lane. Mr. Faulk said they had no problem with either of the stipulations and had already agreed to them. The letter -of understanding also did not include names of four of the remaining homes on Jane Lyle because those people have indicated a desire to sell their property and Mr. Faulk said they would be discussing that with them at a later date. Wade Lnenicka asked about easements that may be required on the existing utilities and Mr. Faulk said those would be provided to the City. Mr. Vernon Overton of 2186 Cumberland Drive stated he was not actually opposed to the development but was concerned with the additional water runoff that may be added to his property. Mr. Overton said his home is about 300 feet from the Starvin Marvin and apartments at Atlanta Road and Paces Ferry Road and about 50 feet below level of them. Water runoff from these two developments have caused a severe erosion problem and caused him to lose a good bit of land. Mr. Overton said he was concerned that this additional development would worsen the problem. Mr. Overton was told that the City would control any potential drainage problems with this development and would also work with him and the County to help alleviate the problems he has now having. Mr. Ralph Hancock said he was here previously to oppose a commercial zoning on this property and was pleased with this development because he felt it was the highest and best use of the land. Mr. Hancock said he still was opposed to the extension of Ridge Road through their neighborhood but asked that the City allow Cobb County to complete this project with the Department of Transportation. Mr. Hancock said the runoff problems expressed by Mr. Overton are from developments in the County and also felt that none of his neighbors were opposed to the zoning. After further discussion Wade Lnenicka made a motion the zoning be approved as requested with the following stipulations: 1) The relocation of Jane Lyle Road be done at no cost to the City 2) The Jane Lyle Road relocation match the Ridge Road re -alignment as planned and now built by Cobb County to also include a left turn lane at that intersection 3) New entrance on Jane Lyle Road be engineered for right turns only going out of the apartments 4) Property to the south and east side of the relocated Jane Lyle Road be left as a natural buffer area or landscaped and maintained as a green belt area and not developed 5) Drainage from this property be controlled 6) Construction to be in accordance with plans submitted with this application dated April 12, 1990 Bob Davis seconded the motion which carried 7-0. (G) Zoning request - reduce front setback on Jane Lyle Road from 30 to 25 feet - Phase II of Post Vinings John Patterson stated that Post Atlanta Partners is requesting a variance on the building setback line from 30 to 25 feet for Phase II of Post Vinings. This variance is necessitated due to the realignment of Jane Lyle Road with Ridge Road. The existing utilities will remain in place thus causing a tight building area for the second phase. Post will swap the existing right of way of Jane Lyle for the new right of way to make both phases of their development contiguous. There was no opposition and Wade Lnenicka made a motion the variance be approved as requested to reduce the setback from 30 to 25 feet only on the relocated portion for Phase II with no effect on Phase I. Bob Davis seconded the motion which carried 7-0. May 21, 1990 meeting - continued FORMAL BUSINESS: (A) Business license request - Huckabee Bonding Company of Georgia John Patterson stated that D. Garry Huckabee and Luke Guidry have applied for a bonding license in the City. Huckabee Bonding Company is located at 2188 Austell Road, with the main office in Chattanooga, Tennessee. Mr. Huckabee is the president of the company and Mr. Guidry, as agent, will be the licensee. Police investigations were conducted on both applicants and there was no opposition. Mr. Huckabee stated he had been in the bonding business for 18 years and had never defaulted on a bond. His company has sufficient assets to cover the bonds he writes and Mr. Huckabee said he had presented a financial statement with his application. Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (B) Home occupation license request - Sathis Menon, 2320 Jay Lane John Patterson stated that Mr. Sathis Menon has submitted an application for his proposed business, S&P Systems to be located at 2320 Jay Lane. Mr. Menon's home will be used for an office only with no additional traffic or any other indication that a business is being conducted there. When questioned by Jim Hawkins, Mr. Menon stated that he understood that there could be no customers at his home and the nature of his business is such that he teaches computer related courses through his job at Georgia Tech, conducted at the customer's training sites. Jim Hawkins made a motion the license be approved seconded by Bill Scoggins. Vote on the motion carried 6-0 with Wade Lnenicka abstaining since his home is within the 300 foot radius of Mr. Menon and his name was one appearing on the petition supporting the license. (C) Ordinance amendment - Section 10-32, Vehicle Warning Lights John Patterson said that green warning lights have been adopted for use as the identification for the operating command post at emergency sites. The green light was selected because it had no other use and was distinct and has been successful. At a recent fire, however, a security company was using a green revolving light which caused confusion as to where the command post was located. This ordinance will restrict the use of green flashing or revolving lights to public safety personnel. Kathy Jordan made a motion the new ordinance be adopted as follows: Sect. 10-32 - Vehicle Warning Lights Green flashing or revolving lights on vehicles are to be used by public safety personnel to indicate the operating command post. Motor vehicles licensed for use on public roads, unless operated by a fire, police, ambulance, or emergency management agency of the City of Smyrna, Cobb County, or State of Georgia and intended to become a command post, shall not be equipped with flashing or revolving green lights. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Artcraft Paint and Body Shop requested a building permit for new construction at 2360 Old Concord Road at a total estimated cost of $90,000. Kathy Jordan made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. (B) Quik Trip Corporation requested a building permit for new construction at 2671 Spring Road (formerly Mighty Casey's) at a total estimated cost of $175,000. Bob Davis made a motion the permit be approved. Jim Hawkins seconded the motion which carried 7-0. BID AWARDS: Nothing to report. May 21, 1990 meeting - continued 141#N 4:4Z 9W. ":4: iU.IF (A) Renovation of building at 1307/1309 West Spring Street John Steely made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka read a letter from a Smyrna resident commending our library staff and reported that tomorrow night at 7:30 the Friends of th Library will have a final organizational meeting. Mr. Lnenicka stated that in two weeks council will hear the rezoning application for property at the corner of Atlanta Road and Quarles Avenue This business has been operating from a period of time now but the zoning was never changed to reflect the current use. Bill Scoggins said at the last meeting the City was strongly criticized about the condition of our parks and Tolleson Park in particular. Mr. Scoggins invited everyone to tour the parks now because they are in beautiful condition. Jack Shinall stated at the last meeting he had mentioned the possibility of a local option sales tax as a funding mechanism for the downtown development but has since found that it cannot be done. Any local option sales tax must be passed county -wide with those funds distributed among the different cities. Kathy Jordan reported that citizens can now to register to vote at any fire station as well as the library and city hall. John Steely reported the Annexation Committee would meet on Wednesday night at 7:00 p.m. with residents in the Elizabeth Street area. The newly appointed members who have been asked to serve on the Annexation Committee will also be present. John Patterson read an editorial from WGST radio on April 7th commending the City's elected officials for steps they have taken to revitalize downtown Smyrna. With no further business, meeting adjourned at 9:34 p.m. A. MAX BACON, MAYOR MELIN'PA DAmER6V, ��TY CLERK ..D 4; �;�IOK§ JORDANSri LETTER OF UNDERSTANDING If our rezoning petition 90-001 is duly approved without any opposition from the homeowners listed on Exhibit A hereto, neither POST ATLANTA nor POST VININGS, LTD. will acquire any of the homes listed on Exhibit A within the next five years unless seventy-five percent (75%) of the then current property owners agree to the acquisition. POST ATLANTA W. Daniel Faulk, Jr. President Attachment 17-0741-012 Rex & Shirley Nelon 2173 Cumberland Dr. SE Smyrna, Ga. 30080 17-0741-019 Rex & Shirley Nelon 2173 Cumberland Dr. SE Smyrna, 0a: 30080 17-0741-014 Lowell G. Sidwell 2177 Cumberland Dr. SE Smyrna, Ga. "30080 17-0741-017 Paul-L. & M. F. Harrison 172'Cumberland Dr. SE Smyrna, Ga. 30080 17-0742-001 J. J. Holder - Evelyn Black 2252 Cumberland P1. SE Smyrna, Ga. 30080 17-0742-002 J. J. Holder - Evelyn Black 2252 Cumberland P1. SE Smyrna, Ga. 30080 17-0742-003 Bobbie V. Styles 2232 Cumberland P1. SE Smyrna, Ga. 30080 17-0742-004 Beverly J. Howell 2222 Cumberland P1. SE Smyrna, Ga. 30080 17-0742-005 James S. Chadwick 2210 Cumberland P1. SE Smyrna, Ga. 30080 17-0742-006 Esper L. Amos 2200 Cumberland Dr. SE Smyrna, Ga. 30080 17-0742-007 Vernon H. Overton 2186 Cumberland Dr. SE Smyrna, Ga. 30080 17-0742-008 Julian & A. Johnston 2176 Cumberland Dr. SE Smyrna, Ga. 30080 17-0742-009 Laverne C. Kitchens Smith 2166 Cumberland Dr. SE Smyrna, Ga. 30080 17-0771-031 17-0771-032 17-0772-002 17-0772-022 . 17-0772-021 17-0772-020 17-0772-019 17-0772-023 17-0772-039 Raymond Cheney Chester W. Crane W. G. Hayes G1ennW. Greeson Arthur 0. Harris Carl & Virginia F. Ponder William F. Prater Chester W. Crane Chester W. Crane 2280 Honeysuckle Ln. SE 2278 Honeysuckle Ln. SE 3400 Valley Vista Ext. SE 2230 Cumberland Dr. SE 2240 Cumberland Dr. SE 2250 Cumberland Dr. SE 2260 Cumberland Dr. SE 2278 Honeysuckle Ln. SE 2278 Honeysuckle Ln. SE Smyrna, Ga. 30080 Smyrna, Ga. 30080 Smyrna, Ga. 30080 Smyrna, Ga. .30080 Smyrna, Ga. 30080 Smyrna, Ga. 30080 Smyrna, Ga. 30080 Smyrna, Ga. 30080 Smyrna, Ga. 30080 A*