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05-04-1981 Regular Meeting (2)May 4, 1981 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 4, 1981 at City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief Everett Little, Fire Chief Don Atkinson, Assistant Public Works Director Vic Broyles, Director of Parks and Recreation Bill Johnston, Civil Defense Director Jim Farley, Building Inspector Dan Steely, and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. 1 There were no citizen reports. Mayor Johnson read a proclamation declaring the week of May 10-15 as Senior Citizens Week in Smyrna. The proclamation was presented to Mrs. Rose Weldon, President of the Smyrna Senior Citizens. Mayor Johnson commended all, the Senior Citizens for their good program in Smyrna. Annexation: Mayor Johnson stated that Bennett Realty Company, R. B. Bennett, Sr., President, requested annexation of 13.49 acres located in Land Lot 264 which is the required 1/8 contiguous to the corporate limits of the City of Smyrna and the signer constitutes 60% of the owners of the land area by acreage. The legal description was read into the minutes of Mayor and Council meeting of April 6, 1981, and the signatures validated. This hearing has been advertised twice in the local newspaper over a period of 15 days, as required by State law. John Steely made a motion the above described 13.49 acres be annexed into the City of Smyrna and made a part of Ward 7. Elbert Coalson seconded the motion which carried by unanimous vote. Rezoning: R. B. Bennett, Sr., requested the rezoning of 13.49 acres located in Land Lot 264 from R-20 to R-15. James H. Pruitt was in opposition to this rezoning. He stated that since there was only one means of ingress and egress to the property, Council should see a site plan before rezoning. He felt the rezoning to R-15 would decrease the value of his home on Manson Avenue, zoned R-20. John Steely said that since the entrance to this property would be made through property presently zoned R-15, he did not think the rezoning would cause any decrease in value of Mr. Pruitt's property. Fred Fites of 221 Deerwood Circle had some question about drainage. He was advised this was only a zoning hearing and that the drainage problems would be taken care of when the building permits were issued. The builder must comply with all the drainage requirements called for in the zoning ordinance before construction can begin. After further discussion, John Steely made a motion this property be rezoned from R-20 to R-15. Jack Shinall seconded the motion which carried by a 7-0 vote. Rezoning: Reed Konigsmark requested rezoning of property located on Hamby Street at Sunset from R-15 and GC to RM-10, for duplexes. Jerry Mills stated that he had talked with Mr. Konigsmark and was asked to make a motion that this rezoning be tabled until the next Council meeting. Jim Tolleson seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion to suspend the rules and allow the Church Street zoning which had previously been applied for by Mr. Konigsmark to become a part of this agenda. Jim Tolleson seconded the motion which carried by unanimous vote. Jerry Mills then made a motion to table the Church Street zoning request until the next meeting. Jim Tolleson seconded the motion which carried by a 7-0 vote. A petition bearing the signatures of 49 residents was -presented to Mayor and Council, opposing the rezoning request by Steve Buggay to build a duplex on Brown..Circle. This request was heard by the Planning and Zoning Board and -advertised, but was withdrawn from the agenda tonight. Alcoholic Beverage Pouring License: Sorrentino's Restaurant, 2361 South Cobb Drive, requested a wine, beer and liquor pouring license. Elbert Coalson read a letter from Police Chief Everett Little stating he could find no reason why the applicant, Mr. Joseph P. Yamello, should not be granted the license. A motion was made by Elbert Coalson to approve the pouring license for Sorrentino's Restaurant. Jerry Mills seconded the motion which carried by a 7-0 vote. Commercial building permits were presented by Dan Steely, and the following action is recorded: (1) Columbia Square Corp., developers of the shopping center at 2750 Hargrove Road requested a building permit for construction estimated at $1,643,000. Dan Steely said he had inspected the plans and recommended the permit be approved, subject to approval of the Fire Marshal. Jim Hawkins made a motion the permit be granted, subject Continued - May 4, 1981 to approval of the Fire Marshal. Jack Shinall seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion that Mayor Johnson be authorized to sign the contract with the Department of Transportation for paving of 21 streets in the City. Max Bacon seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the minutes of April 6, 1981 be approved as submitted. John Steely seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the minutes of April 7, 1981 be approved as submitted. John Steely seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion the minutes of April 20, 1981 be approved as submitted. Max Bacon seconded the motion which carried by a 7-0 vote. Elbert Coalson made a motion to approve the cashing of a 30-day Certificate of Deposit in the amount of $100,000 and the funds deposited in the General Fund. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports: (Parks) John Steely advised the C. 0. Canada plaque had been received and June 13th had been designated for the ceremony date. John Steely made a motion that bids be requested for the relighting of the ballfield at Jonquil Park. Jim Tolleson seconded the motion which carried by a 7-0 vote. This expense to be paid from Revenue Sharing funds. (Civil Defense) Elbert Coalson read a letter from Jim Farley, Director of Civil Defense, stating that due to the financial situation of the City he was requesting the outdoor siren program be discontinued as of May 20, 1981. During discussion, Jack Shinall suggested maybe we should wait until the budgets are reviewed before taking any action. Elbert Coalson made a motion that the outdoor siren program be discontinued until more money is available. Jerry Mills seconded the motion which carried by a 6-1 vote. Max Bacon voted against. The only outdoor siren that will be in operation now is the one behind the Police Station. (Water) Jack Shinall reported we have received two bid quotes on a cash register for the cash collections department and they are as follows: IBM - $6,044 NCR - $7,370 Jack made a motion that the quotes be turned over to the Water Committee for study of the feasibility of purchasing this machine. The committee will report back to full Council before any action is taken. Jerry Mills seconded the motion which carried by a 7-0 vote. Jack Shinall said we had run into some engineering problems with the sewer outfall line and suggested that when a developer has to attain an easement by crossing property that is not his in order to complete the sanitary system, a recorded ease- ment be submitted to the engineering department prior to the beginning of construction. Also, that the building permit department not issue building permits until they receive a written report from the engineering department stating all easements have been ob- tained and the system is connected either to our system or a Cobb County sewer system. (Permits & Inspections) Jim Hawkins reported we need to add two sections to our zoning ordinance, the Residential Duplex Districts and the Residential Townhouse Districts. Jim read the Residential Duplex District ordinance as follows: It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Zoning Ordinances, City of Smyrna, and the sections of this ordinance may be renumbered to accomplish such intention. Article VI, Section 601 of the Zoning Ordinances of the City of Smyrna shall here- by be amended to add a district known and designated as RD (Residential Duplex) District, containing two (2) dwelling units per lot. Article VIII, Area, Yard and Height Requirements, Section 801 shall be amended to add a designation for RD Residential Duplex) District with a minimum lot area total of 12,500 square feet; maximum two (2) units per lot; minimum floor area of 850 feet per unit; minimum lot width of 75 feet with a maximum height Continued - May 4, 1981 of two (2) stories or 35 feet; maximum lot coverage of 45%; minimum rear yard of 30 feet; minimum side yard of 7.5 feet; and with minimum yard requirements adjacent to a public street of 50 feet, arterial 40 feet, collector and local 20* feet. Article VIII, Area, Yard and Height Requirements, Section 801 shall be amended to add a designation for RD-4 Residential Triplexes or Quadriplexes) with a minimum lot area total of 15,000 square feet; maximum four (4) units per lot; minimum floor area of 700 feet per unit; minimum lot width of 100 feet with a maximum height of two (2) stories or 35 feet; maximum lot coverage of 45%; minimum rear yard of 30 feet; minimum side yard of 10 feet, and with minimum yard require- ments adjacent to a public street of 50 feet, arterial 40 feet, collector and local 35 feet. Article VII shall be amended by adding Section 707.1 to read, Section 707.1, RD Residential Duplex) Districts. The intention of this section in establishing the RD District is to promote and provide for the development of two (2) family dwellings at a low density and within any RD District the following uses shall be permitted: (707.1.1) All uses permitted in the RAD residential district. (Ord. of 12/29/77) (707.1.2) Two-family and multi -family dwellings. (Ord. of 12/29/77) (707.1.3) Residential group projects in accordance with the provisions of Article X, Section 1013. (Ord. of 12/29/77) (707.1.4) Community unit plans in accordance with the provisions of Article X, Section 1014. (Ord. of 12/29/77) * Distance inside development Jim Hawkins read the Residential Townhouse District ordinance as follows: It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Zoning Ordinance, City of Smyrna, and the sections of this ordinance may be renumbered to accomplish such intention. The Zoning Ordinances of the City of Smyrna shall be amended so as to add District TD (Residential Townhouse) District with a minimum lot area total per unit in square feet of 80,000; maximum six (6) units in a row; minimum floor area of 900 square feet per unit; minimum lot width of 20 feet, 30 feet for an end unit, with a maximum height of 2z stories or 35 feet; maximum lot coverage of 30%; minimum rear yard of 40 feet outside development and 30 feet inside development; minimum side yard of 35 feet outside development and 10 feet inside development, with 0 feet for attached units; minimum yard requirements adjacent to a public street of 75 feet arterial road, 50 feet collector road, 50 feet local road and 25 feet inside development. Article VII, Use Provisions, shall be amended so as to add Section 707.2, TD Multi -Family Residential Districts). The intent of this section in establishing TO districts is to promote and provide for development of single-family attached dwellings in a row or group, each house separated from adjoining houses in a row or group by architectural style, changing of facade, offsets, and by firewalls or fire separations where ownership of each dwelling unit is in fee simple. Within any TD Residential District, the following uses shall be permitted: (707.2.1) All uses permitted in the RAD residential district. (Ord. of 12/29/77) (707.2.2) Two-family and multi -family dwellings. (Ord. of 12/29/77) (707.2.3) Residential group projects in accordance with the provisions of Article X, Section 1013. (Ord. of 12/29/77) (707.2.4) Community unit plans in accordance with the provisions of Article X, Section 1014. (Ord. of 12/29/77) Jim Hawkins asked that these two ordinance amendments be placed on the agenda for the next Council meeting for action. Continued - May 4, 1981 (Fire) Max Bacon read a letter from Fire Chief Don Atkinson announcing his retirement as of June 1, 1981, and made a motion that the resignation be accepted as submitted. Jerry Mills seconded the motion which carried by a 7-0 vote. Max stated he had been Chairman of the Fire Committee only 7 months but he has known Don for many years. Max commended Don for the good job he has done for the City over thelyears. Max Bacon made a motion that Assistant Fire Chief Hubert Cochran assume the duties as Acting Fire Chief. John Steely seconded the motion which carried by a 7-0 vote. With no further business, meeting adjourned at 8:22 p.m. ************************ May 18, 1981 The regular scheduled meeting of Mayor and Council was held May 18, 1981, at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were present except Max Bacon, who was out of town. Also present was City Attorney Charles E. Camp, Police Chief Everett Little, Assistant Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and Recreation Director Bill Johnston, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman John Steely, followed by the pledge to the flag. Citizen Reports: Mrs. Donald Fisher of Farmstead Condominiums expressed concern for the safety of children at Jonquil Park, when Park Drive is extended and widened. Mayor Johnson advised that when the road is extended, a sidewalk will be constructed from the new development to Spring Street, with a chain -link fence alongside the road. He felt this would improve safety conditions for children at the park and did not anticipate problems with speeding cars. Elbert Coalson announced that Kathy Brooks was resigning from the Parks and Recrea- tion Commission, after serving the City for several years. Mr. Coalson presented Mrs. Brooks with a Distinguished Service Award and expressed his appreciation for her contribution. Other members of the commission were present, and presented Mrs. Brooks with a crystal jonquil as a remembrance. Rezoning: Reed Konigsmark requested rezoning of property located at the corner of Hamby Street and Sunset Avenue, from General Commercial and R-15 to RM-10, to allow for the construction of duplexes. Jerry Mills said he had met with citizens of the surrounding area prior to the meeting tonight. They did not oppose the rezoning if Mr. Konigsmark would concede to build two single -story duplexes instead of three as he had originally proposed. Mr. Konigsmark said he had agreed to this concession. Joe Porterfield of 1176 Bank Street asked what type units would be built, and if they would be rented or sold. Mr. Konigsmark said they would contain 36,000 square feet and the lot is about 3/4 acre. The selling price will be approxi- mately $85,000, and initially will be retained by him and rented. Bruce Braithwaite of 819 Frances Drive expressed concern over the rezoning if the units are to be rented because.he felt owner/occupants had a greater respect for surrounding neigh- bors. Jerry Mills said Sunset Avenue was primarily zoned for antique shops and business, and the residents of the area felt the rezoning of.this property would eliminte the encroachment of further commercial zonings onto Hamby Street. Jerry Mills made a motion the rezoning be approved for the construction of two single - story duplexes. Jim Hawkins seconded the motion which carried by a 6-0 vote. Rezoning: Reed Konigsmark requested rezoning of property located on Church Street at Davis, from R-15 to RM-10. There was a large group in opposition to the rezoning. Mr. Konigsmark said he proposed to build five duplexes on the lot, which was not suitable for single-family constructions, and felt the potential drainage problem could be overcome. Mr. John Bartlett of 1140 Stephens Street was the spokesman for the opposition and expressed their concern over the drainage problems, number of multi -family units presently in the area, and stated this complex would inevitably place the demands and needs of ten additional families on the streets and utilities of our community. Mr. Bartlett presented a petition bearing the signatures of 47 residents -opposing the, rezoning. Also presented was a letter from the Department of Transportation Traffic and Safety Engineering Department with statistical data of accidents in the area, which showed an increase of approximately 150% on Stephens Street, 100% on Davis Street and some 250% on Church Street within a 5-year period.