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10-01-1990 Regular MeetingOctober 1, 1990 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 1, 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, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio', Police Chief Stan Hook, Public Works Director Vic Broyles, Community Relations Director Kathy Barton, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Jane Mears, Finance Director Emory McHugh and representatives of the press. Invocation was given by David Smith, pastor of the 7th Day Adventist Church followed by the pledge to the flag. CITIZENS INPUT• Richard Hemphill, pastor of Trinity Baptist Church and also president of the Smyrna Ministerial Association commended council for their action in developing an ordinance to regulate the adult entertainment business in our city and urged them to adopt it tonight. Joe Lee Thompson, Chairman of the Citizens Committee on Code Review and Revision said his committee consisted of approximately 50 citizens including ministers, civic leaders, lawyers, educators and various homeowners groups. The committee as a whole met on two occasions and the steering committee met on three occasions. They felt that Smyrna should adopt an ordinance to regulate and control nude dancing and related businesses. While they are very much opposed to adult entertainment they realize that rules and regulations must be adopted. Therefore, the committee voted unanimously to support adoption of the ordinance as presented tonight. Liz Snow gave a report from the Friends of the Library and stated among their other fund raising efforts, they are now collecting Big Star grocery receipts and will be the first library on the program to receive new computers. Also, on October 11 & 30, November 15 and December 11 the library will have professional story tellers during story time. Membership is still open and anyone joining in 1990 will be considered charter members. Sue Brissey reported that on Sunday she witnessed a dump truck using the old Smyrna landfill on North Cooper Lake Road which she understood, had been closed several years ago. The truck did not have a tag number but Mrs. Brissey gave the description to John Patterson for further investigation. Vic Broyles said it was difficult to keep the gate closed and it was suggested that perhaps a permanent barrier be placed across the entrance. Mike Reynolds, resident of Cedar Cliff Subdivision spoke for Eddie Hellmann on behalf of the Citizens Committee on Code Review and Revision and stated they supported council's efforts to prevent the nude dancing from coming to the City and totally agreed with the ordinance presented tonight. Jeff Jerrell presented a check for $10,000 from Executive Golf, Inc. to the City's Parks and Recreation Department. PUBLIC HEARINGS• (A) Annexation of Lucille Pilgrim property in LL271 John Patterson stated this annexation was continued at the last meeting in order to facilitate discussion about the future use of this property. This is a 4.67 acre tract in Land Lot 271. There were two people in the audience opposed and were sworn in by Mr. Camp. Mr. Bernard Siler of 208 Mark Lane stated he was opposed because there are 200 year old trees on this property which will be destroyed in order to build houses for a market that is depressed now. A different zoning or use might be acceptable, but not for the development that is proposed. Mr. Joe Boling said he was not here in opposition to the annexation of the property but was against the rezoning from R20 to RAD which will allow approximately 20 homes on 4.7 acres. Mr. Boling said he would like the property to remain R20 or at least R15. Also, his home had appraised in excess of $200,000 and had been told that this development would decrease the value. October 1, 1990 meeting - continued Jack Shinall made a motion the annexation be approved as requested by the property owner and made a part of Ward 5. John Steely seconded the motion which carried 7-0. (B) Rezoning of 4.67 acres on Land Lot 271 from R20 to RAD (Conditional) John Patterson said Mr. Jack Thompson is requesting the rezoning of this property just annexed into the City for an additional phase of Chateau Walk Subdivision. The Planning and Zoning Board approved the rezoning with several stipulations. Jack Thompson stated this development, if approved, would be the third and final phase of Chateau Walk Subdivision with homes selling probably from $120,000 to $130,000. Homes now in the development are selling from $80,000 to $100,000. Average square footage for this development will be 1350 but the homes being built now are 1800 to 2000 square feet. Mr. Thompson said the homes they were proposing would be larger than the existing homes on Mark Lane. John Steely said this property is partially in the flood plain and was concerned about the water problem. Mr. Thompson said there is about one acre that is about 6 inches below the flood plain according to his engineer and they are prepared to fill that in. To his knowledge, none of the land is considered wetlands. Mr. Thompson said they would put a 10 foot buffer around this property which will back up to.a sewer line easement that is there now, giving a total 25 to 30 foot buffer. Jack Shinall said this is an RAD zoning and asked about the minimum price and size of the homes. Mr. Thompson said the floor price would be $80,000 to $85,000 and 1350 square feet would be the minimum floor size. While they felt the homes would be larger, they wanted the option of building the smaller size. Ken Hildebrandt said one acre of this property is about 6" to one foot beneath the flood plain elevation and thought possibly it may be considered wetlands. The Corps of Engineers would have to make that determination but they have not completed a study. At the present time, however, it is not considered to be wetlands. Joe Boling spoke in opposition and said there are now 5 homes on about 25 acres of land. These homes all have an an average of 2500 to 5000 square feet. RAD zoning would open the door and allow him to build anything he wanted to do. Mr. Boling said he did not agree that 6 inches of fill would bring this property out of the flood plain and his engineering study had also shown that this property would be considered wetlands. Also, development on this land has not been approved by the Corps of Engineers. Mr. Boling said he would like at least an R15 zoning because this plan would devalue homes in the surrounding area. Mr. Thompson said they need to get the zoning approved before proceeding with the approval from the Corps of Engineers. They will not be ready to develop this particular site for at least 12 to 14 months and it will take that long to get a ruling from the Corps. Jack Shinall said if 20% or more of the property is in the wetlands he would not support the zoning and that would be one of the stipulations if he moved to approve. In RAD zoning the developer is allowed, basically, to draw his own plans and Mr. Shinall said he could not support the plan as presented tonight. Mr. Shinall said that approximately 60% of this property sits adjacent to larger developments with 40% adjacent to the same type of development. At the last meeting the zoning was delayed 2 weeks to meet with homeowners of the area. RAD zoning is the worst category the City has on the books and Mr. Shinall said he has asked for research to see that it is either eliminated or severely restricted. Mr. Shinall made a motion the zoning be approved for RAD conditional with the following stipulations: 1) Minimum lots in the development be 6,000 square feet and no more than 20% of the lots may be that small. 2) The houses in the development have a minimum square footage of 1500 square feet. 3) The average home price, or minimum price, be no less than $85,000. October 1. 1990 minutes - continued 4) That there be an undisturbed natural buffer (the undisturbed buffer of 10 feet be retained in hardwoods as they abut to the private driveway) to run with the deeds and plats in Lots 44, 43, 42, 29, 28, 27, 26, 25, 24, 23, 22, 21, and 20. Basically, the 10 foot undisturbed buffer run the total outside measurement of the property. 5) If 20% or more of this property is found to be in the wetlands or classified as wetlands according to the FEMA category, that no construction whatsoever including clearing be allowed on this property until such time as a totally new plan be submitted to this council indicating the wetlands and specifically outlining the proposal for the construction and the specific details of how FEMA allows construction in the wetlands. Jim Hawkins seconded the motion which failed 2-5 with Jack Shinall and Jim Hawkins voting for. John Steely then made a motion the zoning be denied. Wade Lnenicka seconded the motion which carried 5-2, with Jack Shinall and Jim Hawkins opposed. (C) Rezoning of 14 acres in Land Lot 196 on Hurt Road from R20 to RAD Conditional John Patterson stated that Reed Konigsmark is requesting this rezoning for a 32 lot subdivision. A portion of this property is also in the flood plain and the Planning and Zoning Board had recommended approval with several stipulations. There was one person in the audience in opposition who was sworn in with Mr. Konigsmark. Mr. Konigsmark said they had met several times with homeowners in the area and would like to ask that the zoning be continued to the next meeting to give him an opportunity to meet with them again. Jack Shinall made a motion the zoning be continued to the first meeting in November. Bill Scoggins seconded the motion which carried 7-0. (D) Variance - front building setback line at 2611 Old Roswell Road John Patterson stated that G. Phillip Beggs with Habitat for Humanity is requesting this variance from 40 to 32 feet to allow a front porch addition to the new home at 2611 Old Roswell Road. There was no opposition. Bob Dean represented Habitat for Humanity and stated when they built the house they did not realize the porch addition should have been included in the setback and although the porch is smaller than they had originally planned, it still encroaches into the setback. Bill Scoggins made a motion the variance be approved as requested with the stipulation that the porch not be enclosed for a room addition. Wade Lnenicka seconded the motion which carried 7-0. (E) Variance - front, side and rear setback at 1798 Davenport Street, Mt. Zion Baptist Church John Patterson stated that Mount Zion Baptist Church is requesting variances on the front setback from 35 to 11 feet; side setback from 25 to 11 feet and rear setback from 30 to 3 feet to facilitate the addition of restrooms and enlargement of the pastor's office. There was no opposition. Reverend John Hearst said they will add a wheelchair ramp with handicap restrooms in the front part of the church to accommodate the elderly people. The enlargement of the pastors office will be to the rear of the building which is already 3 feet over the building line. Bill Scoggins made a motion the variances be approved as requested. Wade Lnenicka seconded the motion which carried 7-0. (F) Closing of North Cooper Lake Road John Patterson stated that at the September 4th meeting, approval was given to advertise for the closing of North Cooper Lake Road on the north side of the Seaboard Coastline Railroad tracks, just south of Derby Lane. The road closing was prompted by the proposed at -grade intersection of North Cooper Lake with the East/West Connector. Signs were posted on the roadway and all other advertisements have been met as required by law. A large group was sworn in to speak either for or against the road closing. October 1, 1990 meeting - continued Bud Flournoy, a resident of North Cooper Lake Road spoke in support of closing the road because of the additional traffic that would be generated from leaving it open and intersecting with the East/West Connector. Henry Mitchell of 4117 North Cooper Lake Road stated he was also in favor of closing the road because of the traffic, which would double if it intersects with the East/West Connector. Phyllis Duke of 4561 Derby Road said she could understand the people on North Cooper Lake Road wanting it closed, but it saves her about 15 minutes going to work in the morning. Also, she would prefer to see traffic on North Cooper Lake than on Reed Road which is the route people will take if North Cooper Lake is closed. Jerry Pouncey of 4100 West Cooper Lake Drive said he opposed closing the road. His principal concern is where the traffic will be diverted to and felt that it would also go onto Reed Road, by the elementary and middle schools. Mr. Pouncey suggested limited access form the East/West Connector or a bridge at the intersection to alleviate the traffic concerns. John Steely said he also would like to do that, but at the present time the intersection would be at -grade. Cobb County has estimated the cost of a bridge at $3 million and the funds are not available. Mr. Steely said a limited access was also considered, but there are approximately 1500 people living in the area that are opposed to that. Mr. Steely said he did not think a limited access ramp would help, because it could only serve traffic going to Mableton. Mr. Camp asked Mr. Pouncey if he asserted any personal injury or damage which was uncommon to his neighbors as a result of this road closing. Mr. Pouncey said he did not think there was any unique damage to his property; his concern was for safety of the area in general. George White of 3885 Cloudland Drive said he favored closing the road because in the 21 years he has lived there he has seen continued increase in traffic to the point that it is now like a major thoroughfare. Mr. White asked that council abide by the petition presented several weeks ago signed by some 1500 citizens. Gary Eubanks of 600 St. James Place, Marietta said he was not a resident but did own the property immediately south of the proposed road closing and spoke in opposition to the closing since he thought it was premature. Mr. Eubanks said he observed traffic in the area between 6:30 a.m. and 8:30 a.m. and basically it averages a car a minute. Mr. Eubanks said it did not make sense to close a road now in anticipation for a problem that may or may not develop. Secondly, he did not think problems had been sufficiently studied and he personally thought Reed Road would get additional traffic. John Steely asked Mr. Eubanks how the closing would affect him personally since he lived in Marietta. Mr. Eubanks said when he bought the property it faced on a road that had access to the north, and now it will be cut off. Mr. Eubanks said it also appeared that the City was creating a barrier at the CXS railroad and he did not think those people south of that could reasonably be expected to be interested in coming into the City. Mayor Bacon stated there was a town hall meeting several weeks ago and petitions were presented with close to 2000 names requesting the road closing. Up until tonight there was no opposition to the road closing. Wade Lnenicka said he attended the town hall meeting and it was clearly evident that the people there that night, and those here tonight want the road closed based on their concerns for the safety of the neighborhood and traffic that could result from an at -grade crossing of that street with the East/West Connector. If we could build a bridge to by-pass the intersection it would be great, but funds are not available to do that. Mr. Lnenicka said he did not think it was premature because governments and people change. By the time the East/West Connector is built we may have a new administration that may feel differently. The people now have strongly expressed their opinion and overwhelmingly want the road closed and want the assurance of closing it now rather than waiting for an uncertain future where it may or may not be done. Mr. Camp asked Mr. Eubanks if he had any claim of unique damage to his property over and above others in the area as a result of the road closing. Mr. Eubanks said he did not, but did feel there was some question as to compliance with the statute because the road is so heavily used now. October 1, 1990 meeting - continued Bill Scoggins asked Mr. Eubanks if the road closing would cause him any hardship. Mr. Eubanks said he had stated his case and felt the hardship is probably more for the people who live in the subdivisions, especially for the next 2 years. Andy Henshaw of 4055 West Cooper Lake Drive agreed to the closing of the road but also felt that it may be somewhat premature. Also, he was not sure the argument of acting on the mood of the citizens now was a valid one. Mr. Henshaw suggested they vote to close the road 2 years from now. John Steely said Cobb County would start construction the end of December and they, themselves would close the road at that time during construction. Mr. Steely said his motion would be to close the road permanently at that time. Mr. Henshaw said if that was the case, then he would have to support the closing. Bobby Daniel stated he lived at the corner of North Cooper Lake and Austin Drive and felt this closing was not premature and thought it was their only option. i John Steely said the people who live on North Cooper Lake Road are the ones who will suffer a hardship if it remains open and would never be convinced that traffic would not increase if it connects with the East/West Connector. A south -bound ramp would only make matters worse because people then would use the ramp and make a u-turn to travel in the other direction. Mr. Steely said there is already a lot of cut through traffic on Reed Road but could not see an increase as a result of this road closing. Mr. Steely said that overall, he felt this would be for the betterment of our whole community and made a motion that North Cooper Lake Road be closed at the East/West connector tie-in effective January 1, 1991. Bill Scoggins seconded the motion. Jim Hawkins said the last thing we want at this intersection is shopping center and convenience stores but suggested that council wait until after the 1% Local Option Sales Tax referendum in November to see if the commissioners will agree to fund a bridge at the intersection. If not, there is still time to vote to close the road. John Steely said if the road is closed tonight they could also re -open it later when and if funds could be provided for a bridge. Mr. Hawkins asked Mr. Camp if we still had a right to close the road since there were some tonight that had objections. Mr. Camp said there was no guarantee we will come out without a law suit one way or another but they must show a damage that is unique to them and their property, not common to the general public. Mr. Camp said while this is a permanent closing, council can always re -open a road after it is closed. Mayor Bacon stated that Wade Lnenicka serves on the Cobb Municipal Association 1% Local Option Sales Tax Committee and he would look into funding for a bridge. After further discussion, vote on the motion carried 7-0. Mayor Bacon called for a 5 minute recess. (G) Annexation of property at 2680 Mathews Street - Bertram and Helen J. Eib Bill Scoggins stated at the September 4th meeting the petition for the annexation of this property was validated. There was no opposition to the annexation and Mr. Scoggins made a motion the property be annexed and made a part of Ward 3. Wade Lnenicka seconded the motion which carried 7-0. (H) Annexation of .23 acres on Mathews Street - Lloyd D. Milholland There was no opposition to the annexation. Bill Scoggins stated this petition was also validated at the September 4th meeting and made a motion it be annexed into the City and made a part of Ward 3. John Steely seconded the motion which carried 7-0. (I) Privilege license - liquor, beer and wine pouring - Town Club at Park Center, 2401 Lake Park Drive John Patterson stated that Mr. Don Maynard is requesting a pouring license for Town Club at Park Center, formerly Papa's Restaurant. The police investigation was favorable and there was no opposition. Mr. Maynard said he was Vice President of the corporation which also operates The Lark and Dove Restaurant and Cameron Catering. Mr. Maynard said they would provide a very high quality corporate party facility and would be open to the general public only by reservation. Since the majority of their business is in private parties and catering, most of their sales is from food. Mr. Maynard said he was familiar with the City ordinance and understood October 1, 1990 meeting - continued he would be the person responsible for any violations of that ordinance. Bob Davis made a motion the license be approved. Jack Shinall seconded the motion which carried 7-0 FORMAL BUSINESS: (A) Ordinance amendment— Section 402 & 501, satellite dishes John Patterson stated this proposed amendment would place restrictions on the site and location of satellite dishes since there is no specific provision for them in our ordinance. Bob Davis read the amendments and made a motion they be approved, seconded by Bill Scoggins. Harold Maddox of 644 Burbank Drive questioned the maximum height of 10 feet. Mr. Maddox said he had a satellite dish and his was larger than that, and most of the dishes were at least 12 feet. Also, the distance from property line may not allow efficient operation and reception. After further discussion, Jack Shinall made a motion the ordinance amendments be tabled to the next meeting. John Steely seconded the motion which carried 7-0. (B) Ordinance amendment - adult entertainment John Patterson said a citizens committee was recently formed to assist council in the creation of an ordinance that would regulate adult entertainment establishments. Our city attorney attended the meeting and assisted in the generation of the ordinance presented tonight. Jim Hawkins said this ordinance was to pass stringent regulations on all adult entertainment and not just nude dancing. Mr. Hawkins read the purpose of this ordinance which is perceived to be in the best interest of the City by protecting the public health, safety and welfare of the City and character of its neighborhoods. Nudity in itself is an expressed right under the First Amendment but a case is pending in the U.S. Supreme Court which could change that within the next year. This is a lengthy document which will be on file in the City Clerk's office. Fees at this time have not been established but that is not necessary for passage. Mr. Hawkins said we are not encouraging any businesses of this nature to apply but our legal recommendation was to adopt an ordinance to provide stringent regulation. Mr. Hawkins made a motion the ordinance be adopted as presented. Jack Shinall seconded the motion which carried 7-0. (C) Bid openings Bids for laptop computers for the Fire Department were opened, read and recorded as follows: Advanced Electronic Systems $12,483.13 Dell Computer Corp. $13,134.00 DP Enterprises, Inc. $18,158.44 National A.I. Lab $15,840.00 GRID Computer $21,529.20 Index System $23,596.10 IBM (one item only) $ 3,671.91 Computerland of Atlanta no bid Kathy Jordan made a motion the bids be referred to the Fire Committee for their recommendation back to full council. John Steely seconded the motion which carried 7-0. Bids for the Cobb Park press box were opened, read and recorded as follows: Cobb Home Improvement $ 7,986.98 Sims & Son Construction $15,028.00 B.L. Law Construction $13,995.00 Bill Scoggins made a motion the bids be referred to the Parks Committee for their recommendation back to full council. John Steely seconded the motion which carried 7-0. Bids for the Community Center/Library telephone system were opened, read and recorded as follows: October 1, 1990 meeting - continued Opus Telecommunications $47,031.00 Tel Plus Communications $26,636.00 American Inditel $22,349.00 AT&T $44,055.10 Southern Bell $33,549.07 Rolm Company $28,968.07 West Georgia Sound & Comm. $54,905.00 Wade Lnenicka made a motion the bids be turned over to the Parks and Recreation and Library Committees for their recommendation back to full council. Bill Scoggins seconded the motion which carried 7-0. Bids for radio system modifications and recorded as follows: Garrett Diversified Electronics Loudon Communications Northside Electronics Marietta Communications Radio Systems, Inc. for;the Fire Department were opened, read F $1,760.00 $1,450.00 12,077.00 no bid ,$2,260.00 Kathy Jordan made a motion the bids be,turned over to the Fire Committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 7-0. (D) Validate petition to annex property at 2261 Dixie Avenue and 2232/2226/2212 Happy Hollow Attorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) 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 Lot 492 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the eastern side of Dixie Avenue, said point being 104 feet from the intersection formed by the north side of Park Street with the eastern side of Dixie Avenue; from said point of beginning running northwesterly along the east side of Dixie Avenue a distance of 200 feet; thence northeasterly a distance of 300 feet; thence easterly a distance of 559 feet to a point; thence southeasterly a distance of 110 feet to the western right of way line of Happy Hollow Road; continuing thence south along the western right of way of Happy Hollow Road a distance of 160 feet; thence west a distance of 140 feet; thence north a distance of 35 feet; thence westerly a distance of 468 feet; thence southwesterly a distance of 277 feet to the easterly right of way line of Dixie Avenue and point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/HORACE E. BARROW Kathy Jordan made a motion the petition be validated and the public hearing set for November 5, 1990. John Steely seconded the motion which carried 7-0. (E) Amendment to bond schedule John Patterson stated our DUI fines were lower than other agencies in the area on a recent survey conducted -and the Police Committee is recommending that our bond schedule be modified to increase fines for DUI. John Steely made a motion the bond schedule be amended to increase the first offense DUI to $450 ($550 for nolo contendere plea); $750 for the second offense; and $1,050 for the third offense. The maximum fine allowed under State code is $1,000 but the $50 over and above that is a surcharge fee that will be included in the police officers training fund and the police officers annuity and benefit fund. Kathy Jordan seconded the motion which carried 7-0. October 1, 1990 meeting - continued BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: CONSENT AGENDA: Nothing to report. (A) Request bids for playground equipment at Brinkley and Creatwood Parks (B) Approval of September 17, 1990 minutes (C) Approval to surplus equipment for auction (D) Re -schedule auction to November 3, 1990 Jim Hawkins made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 7-0. COUNCIL INPUT: John Steely thanked those that came for the North Cooper Lake Road closing tonight and also for those signing the petitions. Stan Hook reported on the progress of the formation of the DUI task force, which was slight delayed because the State budget has not yet been approved. Jack Shinall stated at the next meeting he would like to have an addition or amendment to the RAD zoning classification. Also, Mr. Shinall said he would like Planning and Zoning Board hearing notices posted on the property and advertised as our council meetings are to give the zoning board members the opportunity of hearing input from others that might be affected by zoning changes. Sherry Reavis reported on parks activities and Kathy Barton reported from the Community Relations Department. Wade Lnenicka thanked the STEP units for working Campbell Road and recognized Campbell Road residents Shirley Reeves and Evelyn Duncan who distributed American flags to residents on the entire street. Mayor Bacon said that on October 11th there will be a meeting at the F. T. Wills Educational Center hosted by the Cobb County Commissioners to provide an opportunity for citizens to express their opinions about the commissioners and the job they are doing. With no further business meeting adjourned at A. MAX BACON, MAYOR 12,- Z e 49��� BOB pViVIS', WARD W 3 ,OCK SHI9A-LL, W 5 JOHN S ELY, WARD 10:52 p.m.