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04-18-1983 Regular Meeting (2)April 4, 1983 Continued Jim Hawkins said he was receiving complaints almost daily about cars loitering at Lake Court Park during the day and night hours. Jim said he has observed aban- doned cars there and asked Chief Little to have the area patroled regularly. Also, there is raw garbage on the ground and it looks as if the park is being used for a dump. Jim said the- drain pipe under the road is also badly eroded and asked the Street Department to check into that. James Williams expressed his personal thanks to our Police and Fire Departments for their efforts during the fire at Dickson Shopping Center. Vic Broyles said they were all at the scene of the fire last night trying to help and it was not just the county fighting the fire. Max Bacon stated that Forest Bedford passed away on Friday and he would be sorely missed by everyone. Jim Tolleson said they had all lost a friend when Corky passed away. Jim said he was very glad to have Sarah Jones back tonight after her surgery. Jim Tolleson said there would be a special meeting of C.M.A. next Monday night at 7:00 p.m., Marietta City Hall. Announcements: Next council meeting April 18, 1983; Spring Festival April 23rd. Mayor Bacon said that next Friday, Ed Salem would speak to the Smyrna Optimist Club at their breakfast at 7:00 a.m. and asked all council members to come as his guest. With no further business, meeting adjourned at 9:15 p.m. April 18, 1983 The regular scheduled meeting of Mayor and Council was held April 18, 1983 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presi- ding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Public Works Director Jim David, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. Mayor Bacon announced that Item 7 on the agenda, the rezoning request of 7.8 acres on Argo Road from Residential to Light Industry had been withdrawn on Thurs- day by the applicant, Henry G. Kalb and would not be heard tonight. Citizen Reports: A citizen at 3015 Clifton Road complained of water runoff flood- ing her driveway and said the storm drains were also stopping up during heavy rain. Mayor Bacon asked Jim David to check into this problem tomorrow. A resident of Spring Creek Place requested that Pasadena Boulevard be renamed to Forest Bedford Parkway. Mayor Bacon said the street name was being changed to Village Parkway at the property owner's request. Mrs. Stumph of 1555 Spring Street complained of heavy trucks using Spring Street and said they were making deliveries to•a business across the street. Mrs. Stumph said her driveway had been ruined because this is a very narrow street and was also concerned about the increase in commercial development. Jim David said he would check on her driveway tomorrow. Mr. Sanders, a resident of Lake Drive said that "no parking" signs had recently been placed on the cul-de-sac and asked that they be removed. Mr. Sanders said April 18, 1983 Continued he had talked with several of his neighbors and no one had requested the signs or knew why they were placed There. Max Bacon said the City had received com- plaints and also seen pictures where as many as 7 or 8 cars were parked on the cul-de-sac at one time. Mayor Bacon told Mr. Sanders we would check into his complaint. Bill Lucas, owner of Bill's Tire on Atlanta Road addressed council concerning a notice of a violation of the city ordinance which he received from the City Marshal. Mayor Bacon told Mr. Lucas he knew he was involved in a law suit and felt he was trying to use this violation notice to involve the City in the suit. Validation of Signatures: Attorney Camp read an application for annexation to the City of Smyrna as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorpor- ated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lots 341, 342 and 379 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly shown on plat prepared by Alan Lord, Registered Land Surveyor, dated May 9, 1960 and being more particularly described as follows: Beginning at an iron pin located on the northwesterly right of way of Church Road at its intersection with the common land lot line of Land Lots 342 and 379; thence northeasterly along the northwesterly right of way of Church Road a distance of 328.5 feet to an iron pin; thence north 37 degrees, 22 minutes west 390 feet to an iron pin at the centerline of a creek; thence southwesterly along the centerline of said creek and following the meander- ings thereof, a distance of.50 feet; thence north 1 degree, 30 minutes west along the common land lot line of Land Lots 342 and 379 a distance of 150 feet to a point; thence southwesterly a distance of 175 feet to a point at the centerline of said creek; thence southwesterly along the centerline of said creek and following the meanderings thereof a distance of 613 feet to a point at the intersection of a branch; thence southeasterly along the centerline of said branch and following the meanderings thereof, a distance of 630 feet, more or less, to the intersection of said branch and the north- westerly right of way of Church Road; thence northeasterly along the.north- westerly right of way of Church Road a distance of 260.8 feet to an iron pin and the point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/O.B. & J.D. LOGAN Jack Shinall made a motion the signatures be validated, and the date of public hearing set for May 16, 1983. Jim Hawkins seconded the motion which carried by a 7-0 vote. Rezoning: Bobby J. Wallace requested rezoning of 1581 Spring Street from R-15 to Limited Commercial. Mrs. Stumph, a resident of Spring Street, said she was opposed and did not know what Limited Commercial zoning was. Ted Jones represen- ted Mr. Wallace and said the property has been sold to Larry Lang, owner of Atlan- ta Sweepers who planned to renovate the house and use for his office. James Wil- liams said there was some question about the outside storage of equipment. Mr. Jones said at present there will be two trucks at the location which are about the size of pickup trucks with sweepers attached. In the future, there should not be any more than 3 or 4 trucks at the most. Mayor Bacon asked if. there would be a lot of mechanical work being done at the location, and the answer was no. Mrs. Stumph said this was a residential community and the residents there were seriously concerned about the businesses taking over the neighborhood. Also, the pickup trucks may soon turn out to be heavy equipment on the streets. April 18, 1983 Continued Mayor Bacon read the minutes of the Planning and Zoning Board meeting where the rezoning was recommended for approval. Jim Tolleson said this is a very transi- tional neighborhood and he was surprised when the first 0&I zoning was approved several years ago, and there was no one in opposition at the meeting. Jack Shinall asked if the property was rezoned if the house would meet the setback require- ments. Mr. Jones said the house would be used as is, and without a survey could not tell what the setbacks were at this time. Also, they will use the existing buffers. There is presently a gravel driveway and Mr. Lang has agreed to pave this. After further discussion, James Williams made a motion the rezoning be approved. Max Bacon seconded the motion which carried 7-0. Rezoning: Ralph Pete Combs requested rezoning of 18 acres at the intersection of Concord and Hurt Roads, from Neighborhood Shopping to Residential Townhouse District. Mr. Combs and a Hurt Road property owner were sworn in by Attorney Camp. Mr. Combs said they were requesting rezoning to build fee simple townhouses at 61 units per acre and showed pictures of the type buildings they would con- struct. The selling price will be from the mid- to high- $60,000's. Mr. Combs said the 4 acres on the corner of Hurt and Concord is under contract, but he is not asking for it to be rezoned and it will remain 0&I. There will be two roads into the development, one on Concord at Ashley Court and the other at.Hurt Road at Kenland Road. If traffic should be a problem in the future, Mr. Combs said he would be willing to work with the City on having a signal installed. Mr. Combs said the minimum square footage of the units will be 1200 with some up to 1400 or 1500 square feet, with 117 total units built in 4 phases. Also, the development will have a restrictive covenant where people buying the units will be required to maintain their yards and homes. Bill Bowman, owner of property on Hurt Road at Kenland said he was concerned that adequate buffers would not be used on Hurt Road, since those residents are in the County, which would decrease the value of their property. Mr. Bowman said he was afraid the same consideration would not be given them, as county residents, as the property owners on Concord Road who are in the City. Mr. Combs assured Mr. Bowman that they would use exactly the same buffers on Hurt Road as they would on Concord. Mayor Bacon read the minutes of the Planning and Zoning Board meeting where they recommended the rezoning be approved. After further discussion, Pete Wood and 4 other residents were sworn in by Attor- ney Camp. Mr. Wood then asked if any stipulations approved with the rezoning would also apply if the property was re -sold and Mr. Camp said they would. Jeff Pickard, a resident of Ashley Court was concerned about having a traffic light at the intersection and said it was a very dangerous location. Sarah Jones said a light would not be installed at any time in the near future, but Mr. Combs had agreed to help if one should be needed in the future. ti C� Another resident asked if Chief Little was prepared to help patrol this area. Sarah Jones said he was, and we hope to have additional manpower approved for the Police Department in next year's budget. After further discussion Sarah Jones made a motion the rezoning be approved sub- ject to the following stipulations: 1. Sales price from $60,000 to mid- $60,000's. 2. The 4 acres at the corner of Hurt and Concord also owned by Mr. Combs is to remain zoned 0&I. 3. There are to be two entrances; one on Concord Road at Ashley Court and the other on Hurt Road at Kenland Drive. 4. Buffer and shrub screening to be provided on Concord and Hurt. 5. Units will be minimum 1200 square feet. 6. 6.5 units per acre maximum (117 total units). 7. Covenants by developer to require maintenance by purchaser and restric- ted parking. 8. Attached storage sheds on non -basement lots. ` Jim Tolleson seconded the motion to approve the rezoning which carried 7-0. April 18, 1983 Continued Mayor Bacon called for a 5 minute recess. Rezoning: B. Wilmont Williams, Williamscraft Builders, requested rezoning of property in Land Lots 707 & 734 on Pasadena Boulevard, from Office -Institutional to RM-16. There was no opposition. Mr. Williams said he has owned this property for approximately one year and would like to build when the road is completed. There will be 66 units; 33 one bedroom and 33 two bedroom units. Mayor Bacon read the minutes from the Planning and Zoning Board meeting where they recommended the rezoning be approved. James Williams made a motion the zoning be approved as requested. Jack Shinall seconded the motion which carried 7-0. Variance: Jim Bechtel with Post Properties asked for a variance in the required number of parking spaces for their new development, the Hills of Post Village. Mr. Bechtel said they were requesting approval of 1.75 spaces for two bedroom units and 1.50 spaces for one bedroom units, which has proven to be adequate from their past experience. There was no opposition and James Williams made a motion the variance be approved. Sarah Jones seconded the motion which carried 7-0. Mr. Bechtel requested that the next item on the agenda, a request for clarifica- tion of Section 503 of the zoning ordinance, parking in buffered area, be with- drawn. Mr. Bechtel said they had redrawn their plans and were in compliance. Variance: First Atlanta Bank requested a variance on setback requirements from 40 feet to 15 feet for an automatic teller machine to be located in Belmont Hills Shopping Center. A representative of First Atlanta Bank showed a plat of the shopping center and where the teller machine would be located. Jim Hawkins asked why it had to be this close to Cherokee Road and the answer was so that it could be easily seen and would have easy access without taking away from the parking for merchants. The building will be 20 feet from the curbline and in the event Cherokee Road is ever widened, the machine would be relocated by the bank. After further discussion, Elbert Coalson made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. Variance: Tom Yeager requested a variance from the sign ordinance for Cumberland Crossing Shopping Center. Mr. Yeager requested approval for a second sign in front of the shopping center which would be a marquee -type sign to identify all the merchants. Also, he requested a variance from the maximum 120 square feet to 200 square feet. Mr. Yeager said he has lost tenants because they do not have any exposure from Highway 41. Also, if this variance is granted they will not use any portable signs. Jim Tolleson said he had been to the shopping center and had no problem with the additional sign which would be placed at the top of the hill near the telephone company. Jim said their existing sign is very small for a shopping center this size. Jim Tolleson made a motion the variances be approved, seconded by Jack Shinall. Vote on the motion carried 7-0. Commercial .building permits: Commercial building permits were presented by Ins- pector Larry Dunn and upon his recommendation, the following permits approved: (1) Smyrna Hospital requested a permit to construct 2 greenhouses and a main- tenance building at a total estimated cost of $17,000. James Williams made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Sarah Jones seconded the motion which carried,7-0. (2) Nautical Nights requested a permit for 3266 South Cobb Drive at the Crossings Shopping Center at a total estimated cost of $32,000. Jim Hawkins made a motion the permit be approved subject to approval of the Fire Marshal, and City Engineer. Jack Shinall seconded the motion which carried 7-0. (3) American Fitness Center at the Crossing Shopping Center requested a permit to add 7,000 square feet to the existing structure at a total estimated cost of $25,450. James Williams made a motion the permit be approved subject to appro- val of the Fire Marshal and City Engineer. Elbert Coalson seconded the motion which carried 7-0. Residential Business License: Robert Johnson requested a residential permit for Atlantic Video Communication, 1485-A Diane Court. There was no opposition and Mr. Johnson said his business is a communications service using video equip- ment similar to what is used in our council room for weddings, conferences, etc. Max Bacon made a motion the license be approved, seconded by James Williams. Vote on the motion carried 7-0. April 18, 1983 Continued Attorney Camp stated that last Fall .the City passed a resolution authorizing the Housing Authority of Cobb County to finance revenue bonds for Post Village. Since then, the Tax Equity and Fiscal Responsibility Act (TEFRA) Act was passed that requires a public hearing be held by any municipality authorizing these bonds. Mr. Camp said we need to publish an ad in the newspaper that a public hearing will be held and the appropriate resolution approved, which will authorize the Cobb County Housing Authority to finance the bond issue. Jim Tolleson made a motion the newspaper advertisement be published announcing a public hearing for May 2, 1983. Sarah Jones seconded the motion which carried by a 7-0 vote. Attorney Camp stated that several large developers have approached Council about the City creating its own Housing Authority which would allow us to issue bonds to finance some of the projects underway now. Mr. Camp said we would be able to use some of the funds generated for purchase of major equipment, but they could not be used for salaries. These builders feel they have a closer working relationship with the City than they do the County. If created, the authority would have no personal liability and the Mayor and Council would have no liabil- ity. The property itself would be good for any liability incurred. Jack Shinall asked if Cobb County would be able to come into the City without our permission and Mr. Camp said no, not without a release from the City to do so. Mr.. Camp said the minimum number of Board members should be 5. Sarah Jones said that the City could receive from $20,000 to $30,000 from this one project alone, if the Housing Authority is established. Jim Tolleson said they had discussed appoint- ing the same members that serve on the Hospital Authority for the Housing Auth- ority which he felt was a good idea. Mr. Camp said if council wanted to establish the authority they would need to pass a resolution and either name members of the Hospital Authority as its members at the same time, or appoint the members within 30 days after the resolution was adopted. Mr. Camp also said that within 90 days there will be another major undertaking that would go through the -Cobb County Housing Authority if ours is not approved by that time. If, our own author- ity is -appointed soon enough, we can give a letter of intent to the developer that will enable him to obtain his financing. After further discussion, Jack Shinall made a motion the resolution adopting the Authority be read and approved at the May 2, 1983 meeting and the members appointed at that time. There will be 7 members appointed, with one from each ward. Jim Tolleson seconded the motion which carried by a 7-0 vote. Appointment: James Williams made a motion that Phagan Durham be appointed as Clerk of the Civil Service Board to fill the unexpired term of A. L. Boyd. Sarah Jones seconded the -motion which carried 7-0. Mayor Bacon said he had received a letter from John Williams, owner of Post Prop- erties requesting that Pasadena Boulevard be renamed to Village Parkway and Smyrna Roswell Road changed to Windy Hill Road. Mayor Bacon said most of Smyrna Roswell Road was in the County, and they would be changing the name to Windy Hill Road from U.S. 41 to 6-points (Hawthorne & Matthews Street intersection). Max Bacon made a motion that Pasadena Boulevard be renamed to Village Parkway. Jack Shinall seconded the motion which carried 7-0. James Williams said the residents at 2510 Matthews Street were having a problem with people from Cameron Court apartments parking on their property and made a motion that "no parking" signs be erected there. Sarah Jones seconded the motion which carried 7-0. Jack Shinall said the committee wanted to make additional inquiries about the possibility of painting and restoring the water tower and made a motion the bid awards be tabled. Elbert Coalson seconded the motion which carried 7-0. Jack Shinall made a motion the bid for the water service truck be awarded to Wade Ford at $11,112.42. Their bid was within $200 of the low bid and based on their past service record, the committee felt we should buy the vehicle from Wade. Jim Tolleson seconded the motion which carried 7-0. Sarah Jones said the committee and entire council were still in the process of studying the three bids received for an aerial fire truck and made a motion the award be tabled to the May 2, 1983 meeting. James Williams seconded the motion which carried 7-0. I April 18, 1983 Continued Committee Reports: (Parks) Elbert Coalson reminded everyone of the Spring Festi- val this Saturday, from 10:00 to 5:00 p.m. (Water) Jack Shinall said they were still working on the proposals for contract- ing garbage collection service and should have something ready for review shortly. (Library) Doris Morris reminded everyone of National Library Week this week. (Engineering & Inspections) Jim Hawkins said that several weeks ago the City Marshal sent out letters to property owners on Concord Road who were in violation of the City Ordinance and were given to May 1st to comply. Jim said we are follow- ing up on the letters and these people are expected to comply by May lst. (Finance) Jim Tolleson asked all department heads to meet with their committee as soon as possible concerning their budget request. - Mayor Bacon said the lift station at Willowbrook should be out soon and they will begin boring under the railroad tracks within the next day or two. By next week we should have bids ready to go out for the Woodland Arms lift station. With no further business, meeting adjourned at 9:22 p.m. ARTHUR T. BACON, MAYOR JA ES E. T6"ZL SON, WARD 1 -% /AMQES9. '1HAWKIN9, WAR�� S WILLIAMS, WARD 3 SHINALL, WARD 5 SA H JONES, WARD 7 WILLOUISE C. SPIVEY, CITY C K A - MAX BACON, WARD 2 ELBERT R. COALSON,,WARD 6