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06-06-1983 Regular MeetingJune 6, 198 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 6, 1983 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All council members were present TJ except Elbert Coalson. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks & Recreation Director Sherry Reavis, Assis- tant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris Morris, Building Inspector Larry Dunn and representatives of the press. Mayor Bacon recognized members of Boy Scout Troop 732 with Alan Katz, Scout Leader. Invocation was given by Jim Hawkins followed by the pledge to the flag led by Boy Scout Troop 732. Mayor Bacon stated that Elbert Coalson's wife had undergone surgery late this after- noon and wished her a speedy recovery. There were no citizen reports. Rezoning: Billy Askea, Jimmy Freeman and L. Gause requested rezoning of 33.075 acres in Land Lots 600, 601 and 625 from R-20 to RM-12. Mr. Arthur Crowe, attorney, represented the applicants and was sworn in by Attorney Camp along with Joel Harrell and Roger Geibel representing the opposition. There were about 50 people in the audience in opposition to the rezoning. Mr. Crowe spoke first and said this was a classic example of a coming together of a single family residential area and a high density commercial. The best way to do this is a progression of high density commercial to an institutional use to medium density residential to low density residential, which is what they are proposing. Mr. Crowe said these three men are solid citizens of the .community and have owned this land for a number of years. They originally asked for RM-16 but the Planning and Zoning Board felt this was too high a density and asked them to reduce it, which they did. At that time, they also agreed to use townhouse buffers along the area abutting the residential property. Mr. Crowe said the present zoning classification of the subject property results in little gain or benefit to the public while inflicting substantial injury and loss to the applicant. The present zoning classification renders the subject property virtually unuseable for the following reasons: The property is located next to two hospitals and a large apartment project very close to South Cobb Drive; the residential area which adjoins the property could be adequately buffered; and furthermore, the requested zoning would have no adverse affect on the public health, safety and welfare. For these reasons the present zoning classification constitutes an unconstitutional taking of private property without first paying just and adequate compensation. Max Bacon asked Mr. Crowe if he felt 12 units per acre would be a medium density. Mr. Crowe said he felt it would, considering land cost today. Max Bacon stated if he understood correctly, the development would contain approximately 400 units and asked if they had any plans of the project. Mr. Crowe said they did not have the finished plans and were waiting for the outcome of the zoning. Mr. Crowe also said they had not done a traffic study but that information was easy to obtain. Joel Harrell represented the Cedar Cliff Homeowners Association in opposition and said they felt the rezoning to be ludicrous, at best. The majority of the property surrounding this site is R-20, already established. They felt the rezoning would be incompatible and inconsistent with the surrounding area, and should remain at R-20. Mr. Harrell also presented a petition signed by 728 people opposed to the rezoning. They were also concerned with the traffic impact since the only means of ingress and egress is from Ridge Road and loss of property value to surrounding homes. , r Mr. Roger Geibel represented Laurel Lake subdivision in opposition. Mr. Geibel said Laurel Lake had two creeks feeding into it with one of them running directly behind the proposed development. The lake offers a very scenic and useful beauty which is being threatened now by silt and sedimentation caused from previous devel opments. Mr. Crowe said you would always have erosion problems with new construction but they would be working closely with the City to keep it at a minimum. Mr. Crowe said this afternoon, some of the concerned citizens had contacted Mr. Freeman about the possibility of changing the concept from apartments to condo- June 6, 1983 - Continued miniums. Mr. Crowe said he had not had a chance to study the possibility but felt it was something they were willing to look at if council felt it would be worth- while. Max Bacon asked Jim David IP he felt 'the present sewer­1 ines would be adequate for 400 apartment units, and Mr. David said they would. Jim Tolleson said he was concerned with the ingress and egress to the property and the additional traffic it would generate on Ridge Road. After further discussion, Max Bacon made a motion the zoning be denied for the following reasons: 1) The ingress and egress for this property would be through R-20 zoning which is a natural part of the surrounding R-20 subdivision. 2) The additional traffic generated by this development would require road improve- ments which the City of Smyrna has not allocated funds for. The addition to conges- tion would also create an undue traffic hazard for this residential area along Ridge Road. This development would cause the necessity for improvements to the road at the intersections of Ridge and Atlanta Road and Ridge at South Cobb Drive, and further improvements with Ridge Road at the access to the property. All the above mentioned improvements would have to be at the county's specifications and design. A traffic signal would be absolutely required. 3) King Springs and Griffin Middle School are at capacity and additional density may cause overcrowding. No evidence has been presented as to any study or contact with the Cobb County School Board as to this impact. In addition, some studies show that Campbell High School may reach capacity. Again, no evidence -has been presented demonstrating the affect on our school system. 4) This zoning would have an adverse affect on the general welfare, health and safety of the existing citizens of the area. - James Williams seconded the motion. Jack Shinall said he felt we definitely had a transition problem and said condominium or townhouse zoning may or may not be better, and made a motion this be tabled to the next meeting. Motion died for lack of a second. Vote on the motion to deny the rezoning carried 5-1, with Jack Shinall opposed. Rezoning: B. Wilmont Williams requested rezoning of 2 acres in Land Lots 707 and 734 from Office & Institutional to RM-16. There was no opposition. Mr. Williams said on April 18, 1983, council approved the rezoning of 4.14 acres on Pasadena Boulevard to RM-16 for him. This 2.15 acres joins the other parcel recently zoned, but at the time it was still under contract and he could not include it with the other rezoning request. Mr. Williams said he now owns the property and would also like to have it rezoned to add to the other acreage for the developoment of one complex, which he understood would have to be at least one-half one bedroom units. James Williams made a motion the zoning be approved. Max Bacon seconded the motion which carried 5-0, with Jim Hawkins abstaining. Rezoning: Mr. Gerald W. Fudge requested rezoning of the existing Riviera Apartments on Church Street from RM-12 to Planned Unit Development. Mr. Fudge said the units would be remodeled and sold as condominiums under the new classification, to twelve different owners. Even though the buildings will be individually owned, they will remain rental units, as is. Mr. Camp said he had advised Mr. Fudge to meet with the Fire Marshal to be sure they met the Fire Code. Also, each individual investor would have to make a contribution toward maintenance of the property as they would with any other condominium development. There was no opposition and after further discussion, Jack Shinall made a motion the rezoning ,be approved. Jim Hawkins secon- ded the motion which carried 6-0. Variance: John Pirtle requested a rear yard setback variance from 40 feet to 30 feet on lots 1-11 and 56-60 for Lexington Trace Subdivision on Spring Road at Emory Drive. Mr. Pirtle said the variance would be for the buildings closest to Spring Road. They have just finished a development on Church Road and found the present market demand is for a larger unit. Their plans are to increase the size of the units on the above mentioned lots with square footage ranging from 1200 to 1536 square feet. James Williams reminded Mr. Pirtle that when his property was rezoned he was specifically asked if he could anticipate any variances, and the answer was no. Mr. Pirtle said he could finish the development without the variances but he already has several contracts on the larger units and he would like to be able June 6, 1983 - Continued complete the project according to market demand. After further discussion, James Williams made a motion the variance be approved. Jack Shinall seconded the motion which carried 6-0. Variance: Stacy Davis requested a variance on the front yard setback requirements for 7 lots in Green Forest Subdivision from 35 feet to 25 feet. This variance was tabled at the last meeting to allow council time to look at the lots in question. Max Bacon said he had looked at the lots and even though there is a big drop off on the back side, they might be desirable to some people. Mr. Davis said he did not actually need the variance on all the lots but would like to be able to maintain continuity in the style of the homes already there and to do that, would need a variance. Also, they already have contracts on some of these lots. Merlin Burt, Mr. Davis's father in law, said he had developed 1100 lots in the City and had never created any problems. Also, he has never asked for anything from the City, but was now asking that these variances be granted. There was some question as to any, liability on the City's part, and Mr. Camp said we would not be liable as long as the proper inspections were made. After further discussion, Sarah Jones made a motion the variances be approved. Jack Shinall seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Larry Dunn and upon his recommendation, the following approved: 1) Dr. Ted Aspes requested a permit for new construction at 530 Concord Road at a total estimated cost of $200,000. James Williams made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Jim Hawkins seconded the motion which carried 6-0. 2) Bill Askea requested a permit for new construction of a 7800 square foot office building on South Cobb Drive at a total estimated cost of $195,000. James Williams made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 6-0. Hearing: David Bostwick appeared before council to appeal the decision of Recor- der's Court where he was found guilty and fined for running a red light. Mr. Bost- wick and arresting officer Charles Wade were sworn in by Attorney Camp. Mr. Bostwick said he was stopped after passing through the intersection of U.S. 41 and Lake Park Drive at Richway. Mr. Bostwick said the light turned yellow and he continued through the intersection because he knew he could not stop safely. Mr. Bostwick did not deny running the yellow light, but stated the light did not hold long enough and it was impossible to make a safe stop. After getting the ticket, he parked near the intersection and timed the light through 10 or 15 cycles and said there was at least one car that ran the light through each cycle. Mr. Bostwick said the time on the yellow light should be lenghtened. In response to a question from coun- cil, Jim David said these are State lights and are set according to Department of Transportation specifications. Officer Wade said he had worked quite a few accidents at this intersection and some with serious injuries. He has been parking at the intersection in plain view, as he was when he stopped Mr. Bostwick, and said people are running the light, especially during rush hours. Officer Wade said he also timed the light before writing any tickets and it holds about 5 seconds, which is adequate. Also, he only wrote citations where he felt people did not make any attempt to stop. In this case, there was no doubt in his mind that Mr. Bostwick made no attempt to stop. Mr. Bostwick said the car alongside him also ran the light, and when he asked Offk cer Wade why he was not stopped, was told that he was more in the wrong than the other vehicle. After further discussion, Jim Hawkins made a motion the decision of Recorder's Court be upheld. Max Bacon seconded the motion which carried 6-0. Validation of Signatures: Attorney Camp read an application for 'annexation to the City 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 unincorporated 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 Lot 552, 17th Dis- trict, 2nd Section, Cobb County, Georgia, all of said land lot lying Southwest June 6, 1983 - Continued of South Cobb Drive, and being more particularly described as follows: BEGINNING at a point at the intersection of the South line of Land Lot 552 and the Southwesterly right of way of South Cobb Drive; running thence North- westerly, along the Southwesterly side of the right of way of South Cobb Drive, 587 feet to a point on the West line of Land Lot 552; thence South, along the West line of Land Lot 552, 460 feet to the Southwest corner of said land lot; thence East, along the South line of Land Lot 552, 370 feet to the inter- section of the South line of Land Lot 552 and the Southwesterly right of way of South Cobb Drive, being 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 acre- age: s/JOHN C. SILLS Sarah Jones made a motion the signature be validated and the date of public hearing set for July 11, 1983. Jim Hawkins seconded the motion which carried 6-0. Validation of Signatures: Attorney Camp read an application for annexation to the City as follows: j, We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area 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 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 380 and 381, 17th District, 2nd Section of Cobb County, Georgia, and being more particular- ly described as follows: Begin at the intersection of the north right of way of Concord Road (70' right of way) and the east right of way of Lamar Circle (50' right of way); go thence north 55 degrees 01 minutes 28 seconds east, 113.79 feet to an iron pin; thence north 35 degrees 05 minutes' 50 seconds east, 146.97 feet to an iron pin and the TRUE POINT OF BEGINNING; thence north 64 degrees 55 minutes 13 seconds west, 61.70 feet to an iron pin; thence south 56 degrees 21 minutes 44 seconds west, 59.92 feet to an iron pin on the east right of way of Lamar Circle; thence north 03 degrees 30 minutes 54 seconds west, 78.41 feet to an iron pin; thence north 34 degrees 44 minutes 58 seconds west, 84.85 feet along a chord (87.63 feet along an arc) to an iron pin; thence north 34 degrees 00 minutes 18 seconds east, 157.72 feet to an iron pin; south 57 degrees 51 minutes 13 seconds east, 218.22 feet to an iron pin; thence south 27 degrees 04 minutes 38 seconds west, 98.30 feet to an iron pin; south 53 degrees 41 minutes 30 seconds east, 18.72 feet to an iron pin; thence south 55 degrees 59 minutes 00 seconds west, 101.81 feet to an iron pin and the TRUE 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 acre- age: s/C. LAMAR DICKSON Jim Hawkins made a motion the signature be validated and the public hearing date set for July 11, 1983. James Williams seconded the motion which carried 6-0. James Williams made a motion the RM-16 zoning classification be deleted in its entirety, after having been properly advertised and posted. Jim Tolleson seconded the motion which carried 6-0. James Williams made a motion that Roland Williams be reappointed to the Civil Ser- vice Board for a 6 year term. Jim Hawkins seconded the motion which carried 6-0. a June 6, 1983 - Continued Max Bacon made a motion that Bob Arnold be appointed to the Housing Authority for a 5 year term. Jim Hawkins seconded the motion which carried 6-0. F Due to Mr. Coalson's absence, the Housing Authority appointment to Ward 6 was de- ferred to the next meeting. Max Bacon made a motion that the qualifying dates for the November 1, 1983 city election be September 12-16. Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins made a -motion that Dusty Bennett be appointed as Election Superinten- dent for the November 1st election. Max Bacon seconded the motion which carried 5-1, with James Williams opposed. Jack Shinall made a motion that approval of the purchase of 100 underground gar- bage can units be approved. Jim Hawkins seconded the motion which carried.6-0. Jim Hawkins made a motion that Dunn Street be closed for a block party on June 25th from 5:00 p.m. to 11:00 p.m., from Legion Drive to Hunter Street. Jim Tolleson seconded the motion which carried 6-0. John Wieland Homes requested approval to use two trailers for their new construction on Woodruff Drive. One of the trailers will be used for a temporary sales office and the other a construction office. Jim Tolleson made a motion the use of the trailers be approved for a 12 month period. Sarah Jones seconded the motion which carried 6-0. Residential Business License: J&J Enterprize requested a residential permit for a lawn maintenance service at 4021 Honeysuckle Drive, Jerry A. Parham, applicant. Mr. Parham said the home address would be used on his business cards and he would have a telephone answering service there. Otherwise, there will be no outside stor- age of equipment or chemicals. Mr. Parham said his equipment would be kept at the home of Mr. Hallman, a resident of Camp Highland Road. Mr. Ken Smith of 4031 Honey- suckle Drive was opposed and said he felt the home occupation rules could be too easily abused and felt they sometimes were. Jim Hawkins and Jack Shinall both stated they had been consistent in their voting records concerning residential permits and felt consideration should be given to neighbors opposed. Mr. Parham had a peti- tion signed by all his neighbors within a 300 foot radius stating they had no ob- jections, with the exception of Mr. Smith's. After further discussion, Sarah. Jones made, a motion the permit be approved. Jim Tolleson seconded the motion which tied 3-3. Voting for was Sarah Jones, Jim Tolle- son and Max Bacon. Opposed was James Williams, Jack Shinall and Jim Hawkins. Mayor Bacon voted in the affirmative to break the tie and approve the license. Approval of Minutes: Jim Tolleson made a motion the minutes of May 2, 1983 be tabled to the next meeting. Jack Shinall seconded the motion which carried 6-0. Jack Shinall made a motion the minutes of May 16, 1983 be tabled to the next meet- ing. Max Bacon seconded the motion which carried 6-0. Committee Reports: (Finance) Jim Tolleson reminded everyone of the Budget meeting on Thursday at 5:30 p.m. (Library) Doris Morris reported on library activities. (Parks) Jim Hawkins read a letter from Claude Eason, announcing his resignation from the Parks & Recreation Commission. Jim said we had been very fortunate to have quality people such as •Mr. Eason on the commission and thanked him for the years he has given the City. Jack Shinall made a motion the rules be suspended to place a motion on the floor. Jim Tolleson seconded the motion which carried 6-0. In response to the many complaints received lately concerning barking dogs, .Jack Shinall read the following proposed ordinance and made a motion it be approved: - Nuisance: (Barking Dogs) Whereas in certain areas, places or residences of the City of Smyrna there are kept or harbored certain dogs whose keep by their owners or keepers are not other- June 6, 1983 - Continued wise offense but who's constant, and consistent barking, howling, or other means of making noise are offensive to the degree so as to cause a nuisance, either as to the hour of the offense or as to the level of such offensive barking, howling, growling or noise making to neighboring residents of the City of Smyrna; Now therefore, to preserve the peace and tranquility of the citizens of Smyrna, Georgia and to protect the public health, safety and welfare of said citizens and to prevent nuisances to the same; Be it further resolved that it shall be unlawful and punished as a misdemeanor to harbor, keep, maintain or allow within the limits of the City of Smyrna any dog or animal of the canine breed who shall bark, howl, or make any such like sound to the degree so as to cause loss of sleep, discomfort, anxiety or fear of any citizen who commonly dwells within audible distance of the kennel or common place of abode of such canine. In the event any two citizens, not from the Georgia shall sign an affidavit, in writing, monly kept or housed within audible distance iness, barks or howls or makes any noise o: period, although not necessarily constant or than one occasion, and such noise, barking anxious, nervous, afraid, or has caused loss o Same household of the City of Smyrna, that a canine, who resides or is com- to their residence or place of bus - series of noises in succession for continuous, of twenty minutes on more )r howling has caused them to become e sleep to such complaints; Such canine may be deemed to be a nuisance and a hazard to the health, safety and welfare of the citizens of the City of Smyrna, Georgia and therefore the owner or keeper thereof shall be cited into the Recorder's Court of the City of Smyrna to answer the charge made by said affidavits to show cause why such animal should not be banned from the limits of said city and upon conviction thereon shall be fined the sum of $100.00 per day for each and every day such animal shall remain within the City Limits of the City of Smyrna, together with the cost of court and any other costs necessary and incidental to the prosecution of such action. Jim Tolleson seconded the motion to approve the ordinance which carried 6-0. / Announcements: Cobb Municipal Association meeting at Acworth Beach on June 14th; next council meeting June 20th. In the absence of Mr. Coalson, James Williams said he would like to thank the Parks and Recreation staff for the Super Family Field Day. With no further business, meeting adjourned at 9:40 p.m. r, iF 9F iE iF iF iE iE AE iE dF �F $ iF dE 9F iF 1F iF iF iE dF iE iF iE June 20, 1983 The regular scheduled meeting of Mayor and Council was held June 20, 1983 at Smyrna City Hall. The meeting was called to order at 7: 30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All council members were present. Also present was City Attor- ney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks & Recreation Direc- tor Sherry Reavis, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris Morris, Building Inspector Larry Dunn and representatives of the press. Citizen Reports: Harold Hobbs from the Smyrna Lions Club said their organization would like to sponsor an employee awards program for city employees and read the cri- teria. Each quarter, the club will honor an Employee of the Quarter and present them with a check for $25 plus a plaque. At the end of each year, a $100 check would be presented to the person selected along with a plaque. Mr. Hobbs said the awards would be made in honor of Dr. W. C. Mitchell. Max Bacon said he thought it was an excellent idea and would be good for the employees.