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06-20-1983 Regular MeetingJune 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. June 20, 1983 - Continued Annexation: Opal W. Jones and E. P. Logan requested annexation of property in Land Lots 306, 307, 342 and 343 as read and made a part of the minutes of the May 16, 1983 meeting. Attorney Russell Atkins represented W. K.Folds, Linnie Ledford and Doyle ` Galloway, in opposition. Mr. Atkins said his clients lived within the confines of the area to be annexed although they are not residents, taxpayers or property owners of the City. Attorney Camp said he had a problem with their stand on this matter as they are not involved in the annexation. Mr. Atkins said the law states an annexation must be signed by 60% of the electors resident in the area. His interpretation of that was that his clients lived within the area to be annexed since their property was being surrounded by it, and they were opposed. Attorney Camp said his interpre• tation was not correct; it means 60% of the people living within the property to be actually annexed. Mr. Atkins said that morally we were wrong because these people would be completely encircled by the City of Smyrna and they do not want to be a part of the City. Also, they felt they would be completely cut off from the rest of the county and may have some problems with police and fire jurisdiction. Mr. Camp said we have a mutual aid agreement with the county and any fire would be responded to by the City as well as county. Mayor Bacon said we had received a petition to annex these two pieces of property and we 'had no intention of forcing anyone else into the City. Jack Shinall said he had never voted against an annexation when someone had petitioned us. Also, we have pockets now within the incorporated areas and will prob. ably always have. Attorney Al Cochran was in the audience and said this issue was addressed in the Super. .r for Court of Cobb County last Tuesday through an injunction filed by Mr. Atkins in an effort to stop the annexation. Judge Bullard reviewed the matter at a hearing, listened to all arguments and ruled adversely to the plaintiff and in favor of the City. Mr. Cochran said all the legal matters have been put to rest and the City is at liberty to annex the property tonight. After further discussion, Jack Shinall made a motion the property be annexed to be come a part of Ward 5. Max Bacon seconded the motion which carried 7-0. Rezoriiig:� E. P. Logan requestd rezoning of property in Land Lot 342 just annexed, f'r,6m—Re'sident ial to Residential Townhouse District. Russell Atkins represented the residents in the area in opposition, and was sworn in with Joe and Brown Logan by Attorney Camp. Joe Logan said they had 4.25 useable acres they wanted to develop for fee simple townhomes at 10 units per acre. The selling price would be $50,000 to $60,000. Jim David was asked if utilities were available to the property and he stated the nearest water line was on Plaza Drive, about 1500 feet away from the property. Mr. Logan said Woodsong Apartments were directly to the north and there. was 15 to 20 acres in the flood plain to the south. Max Bacon asked the Logans if they would anticipate any variances with their construction. They said they did not; their engin- eer had a copy of .our ordinance now and they planned to comply with it. Jack Shinall asked if they would have an acceleration lane on Concord Road at the entrance. Mr. Logan said they would do whatever the City would require of them, and if necessary would have an acceleration lane. Jack Shinall also asked if he felt they would have to provide retention ponds. Mr. Logan said if necessary, he would do so. Mr. Atkins spoke for the opposition and said this was the real crux of why his clients were fighting the annexation. This rezoning was turned down by the county last year so they came to the City to apply for annexation and rezoning. Mr. Atkins said Old Concord Road was heavily congested now and development of this property would cause additional flooding problems. Also, the value of his clients homes would depreciate and for these reasons, asked that the zoning be denied. Mr. Atkins said if council proceeded with this rezoning they would be violating his clients constitutional rights in taking of the property without proper steps and procedures under the law. Bill Rogers, a resident of Sherwood Road was sworn by Attorney Camp. Mr. Rogers said he was opposed because with the exception of Woodsong, the whole area was singlefamily dwellings. They would like to see Smyrna grow but felt it would be getting the entire area in trouble by opening up a development such as this. Mr. Rogers said the adjacent property was turned down for rezoning in the county, he thought because the density was too high. He had spoken to about 25 different families in the area and they were also all opposed. Jack Shinall said the Logans were good developers and good neighbors but he could not support the zoning. Jack made a motion the zoning be denied for the following reasons: 1) This development would create an undue traffic hazard on an already crowded thoroughfare which is a high accident area, with no foreseeable plans for widen- June 20, 1983 - Continued ing or re -doing the bridge at the bottom of the hill. 2) The location of the property lies in marginal, at best, flood plain area and with fee simple townhomes, without ownership to maintain retention areas _ could not only adversely affect upstream and downstream residents, but without proper maintenance could develop into a serious health hazard at a later date. 3) It would disrupt an entire neighborhood to run water lines to the property. Jack said he had also ridden through the neighborhood that day, and within a one quan* ter to one half mile area there were only two single family homes for sale, so the homes in the area sell well, and at good prices. Jack said for these reasons, he felt the denial of the zoning would not deprive the developer of the right of the use of the property. Elbert Coalson seconded the motion for discussion and said he also felt that Old Cone cord Road was too narrow for the development and he also had a feeling for the home owners in the area. Vote on the motion to deny the zoning failed 3-4. Voting for the motion was Elbert Coalson, Jack Shinall and James Williams. Opposed was Sarah Jones, Jim Hawkins, Jim Tolleson and Max Bacon. Jim Tolleson then made a motion the zoning be approved with the following stipula- tions: 1) The developer provide necessary city water service to the property. 2) Adequate retention ponds be provided to handle water runoff, not doing harm to the surrounding citizens. 3) Acceleration and deceleration lanes be provided on Old Concord Road, if deemed necessary by the City Engineer. Jim Hawkins seconded the motion. Vote on the motion to approve the rezoning carried 4-3. Voting for the motion was Jim Tolleson, Jim Hawkins, Max Bacon and Sarah Jones. Opposed was Elbert Coalson, Jack Shinall and James Williams. eRezo Opal W. Jones requested rezoning of property in Land Lots 306, 307, 342 and 343 from Residential to Residential Townhouse District. Jack Thompson represented Mrs. Jones and was sworn in by Attorney Camp along with Russell Atkins representing the opposition and also Doyle Galloway and Raymond Miller who were opposed. There were also about 12 to 15 people in the audience in opposition. Mr. Thompson spoke first, and said he felt his development would increase, rather than decrease home values. He has been building for 20 years, and just completed the Huntington Trace development on Church Road. This property totals 29 acres but they will only be building on 18 to 19 acres. Mr. Thompson showed pictures of the Church Road development and existing homes in the surrounding area. Mr. Thompson said this zoning was not approved by the county because they wanted him to run a 6300 foot sewer line at a cost of $251,000, which was not economically feasible. These units will also be in the $50,000 to $60,000 price range, and this will be a nice project that will benefit the City. Mr. Thompson said the overall density would be approximately 8 units per acre. Mr. Atkins spoke and said they were also opposed to this rezoning for basically the same reasons he gave in the previous zoning,, and contended the property values in the surrounding area would go down. Mr. Rogers spoke again and said that two pets have been his by cars on Plaza Drive recently and it was only a matter of time before a child was hurt. Mr. Raymond Miller, a resident of Old Concord Road said this property joins the creek on one corner and after a hard rain now, the creek comes into his yard. The water cannot be contained now, on vacant land, and any construction along this area would cause more flooding. Mr. Miller said he had no objections to single family homes if they were handled properly. Mr. Doyle Galloway spoke and said he wanted the Logans and Mr. Thompson to make money./ but did not want them to harm the neighborhood. He had received one estimate on his;: �-- property and as of today would lose $60,000 if the development was approved. Mr. Galloway said he would like council to give some consideration to the surrounding property owners. June 20, 1983 - Continued Jim Tolleson asked Mr. Thompson why he asked for the RTD zoning. Mr. Thompson said it was because of the land cost and they could not afford to build single family homes. After further discussion, Jack Shinall made a motion the zoning be denied for the following reasons: 1) Development would create undue traffic hazard on an already congested thor- oughfare which is a high accident area and would be detrimental to the health and welfare of the citizens, with no foreseeable plans for widening the road or bridge. 2) With the location of the property near the flood plain area there will be problems with water retention and our ordinance now does not adequately provide for requirements for retention ponds. 3) Installation of.the water lines would disrupt an entire neighborhood. Jack also said he felt the denial of the zoning would not deprive the developer of the right of the use of the property. Elbert Coalson seconded the motion which failed 3-4. Voting for denial was Jack Shinall, Elbert Coalson and James Williams. Opposed was Jim Hawkins, Jim Tolleson, Sarah Jones and Max Bacon. Jim Hawkins then made a motion the zoning be approved with the stipulation that the developer install water and sewer lines to the property, and also have an acceleration /deceleration lane on Old Concord Road, if needed. Jim Tolleson seconded the .motion which carried 4-3. Voting for was Jim Hawkins, Jim Tolleson, Sarah Jones and Max Bacon. Opposed was Jack Shinall, Elbert Coalson and James Williams. Mayor Bacon called for a 5 minute recess. Rezoning.:-" Berry and Kim Anderson requested rezoning of property in Land Lot 592 on" -Roswell Street from RM-10, Future Commercial and R-15, to Residential Townhouse District. There was no opposition. Mr. Berry said these townhomes will be 1100 to 1400 square feet, similar in style to the'ones he is building on Windsor Parkway.James Williams read a letter from the adjoining neighbor stating he would approve of -the proposed rezoning. James Williams asked Mr. Berry about the variances he was request- ing, which was the next item on the agenda and said he had no problem with the rezoning provided council did not also have to grant the variances. Mr.. Berry said he could build without the variances, which were: 1) Reduction of the building lines on Roswell Street and the proposed street to allow remodeling of the existing houses as part of the development; 2) Reduction of the side yard to 10' along the alley; 3) reduction of the side yard on the west line to 25' ; and 4) reduction of the side yard to 10' adjacent to the city park along the south and west line. Mr. Camp suggested that they might want to alter their plans to allow access to the units from the proposed street and eliminate some of the curb cuts on Roswell Street. According to the present plans, there will be 3 or 4 curb cuts on Roswell Street. After further discussion, James Williams made a motion the zoning be approved. Sarah Jones seconded the motion which carried 7-0. The variances requested by Mr. Berry, as stated above, were withdrawn. Mr. Berry also asked about the setbacks on the existing house, which. he wanted to remodel as part of the development. Mr. Camp said the setback from Roswell Street would be the same as it is now, but the setbacks from the new road will have to meet existing requirements. Variance: Paul Lee requested a variance for McMillan Place Townhomes on Atlanta Road, to allow parking in the right of way area. Mr. Lee was not present and Jim Tolleson made a motion this be tabled to the next meeting. Jack Shinall seconded the motion which carried 6-1, with Max Bacon opposed. After discussion, Jim Tolleson.made a motion the variance request be brought off table. Jack Shinall seconded the motion which carried 7-0. Max Bacon said this development was in his ward and since Mr. Lee was not present, made a motion the variance be denied. Jim Hawkins seconded the motion which carried 7-0. Variance: Janice Jackson of 1195 Pinehurst Drive requested a side yard setback var- iance to allow for an 8 foot enlargement to a bathroom. Mrs. Jackson had a letter MIA June 20, 1983 - Continued from the adjoining property owner stating they had no objection to the variance. Jim Hawkins asked Mrs. Jacksaon if she was renting part of her home and the answer was yes. ' Norman Brenner spoke in opposition due to the fact that Mrs. Jackson was renting a portion of her home, and said this was a single family neighborhood and she was in violation of the ordinance by doing so. Jim Hawkins said he was not aware that she was renting the basement of the house until tonight, but informed Mrs. Jackson that she was in violation. Mrs. Jackson said she bought the house in 1978 and the apartment was being rented at that time and she was not aware that it was a violation of the ordinance. Jim Hawkins said he could not vote to approve a variance for her because to do so would be condoning the violation. Mrs. Jackson said something has to be done with the bathroom because there is a leak and the floor is rotting. Attorney Camp said the variance could be granted subject to Mrs. Jackson ceasing and desisting from renting the apartment in her home. Jim Hawkins made a motion the variance be denied which died for lack of a second. Elbert Coalson then made a motion the variance be approved subject to her ceasing to rent the apartment. After further discussion, Mr. Coalson withdrew his motion. Jack Shinall said he felt Mrs. Jackson did not fully understand about the violation concerning the apartment and made a motion this be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. Variance: Sylvia Daniel requested a variance to construct a fence in her front yard at 381 Hickory Acres Drive. Wayne Daniel said the fence would be concrete pillars with a decorative wrought iron fence and showed, plans to council. Jim Tolleson asked the City Attorney if this would actually be considered an ornamental fence and Mr. Camp said he could not say; it would be up to council to make that determination. Mr. Daniel said the wrought iron bars would not,be permanently anchored to the pillars and could be easily removed. Acting Fire Chief Hubert Cochran looked at the plans and said the Fire Department would not have any problem with the fence. After further discussion Jack Shinall made a motion the variance be approved. Elbert Coalson seconded the motion which carried 6-0. Jim Hawkins was absent from the room and did not vote. Variance: Harold Bentley requested a variance to a zero sideyard setback for his new construction on South Cobb Drive. There was no.opposition. Mr. Bentley presented a site plan of the proposed structure and said the variance would be on the side adja- cent to Colonial Warehouses. Mr. Bentley said that during construction of the ware- houses a mistake was made on their building line, and they were actually l' 7" over onto his property now. He had a letter from Colonial stating they had no objection to the zero setback line. Jack Shinall made a motion the variance be approved, with a letter from the Fire Marshal giving their approval. Sarah Jones seconded the motion which carried 7-0. Jack said he had also talked to Bill Askea and he had no objections. Commercial Building Permits: Commercial building permits were^presented by Inspector Larry Dunn and upon his recommendation the following permits approved: 1) C. R. Shah requested a permit for a 2,000 square foot addition of mini warehouses on Smyrna Hill Drive at a total estimated coast of $60,000. James Williams made a motion the permit be approved subject to approval,of the Fire Marshal and City Engin- eer. Max Bacon seconded the motion which carried 7-0. 2) Harold Bentley requested a permit for new construction at 2249 South Cobb Drive at an estimated cost of $75,000. James Williams made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Elbert Coalson seconded the motion which carried 7-0. 198384 Budget: Jim Tolleson presented the 198384 budget and stated this was the first budget in some years that allows some flexibility for capital improvements and addi- tional personnel, primarily in Police and Fire. Overall, our city employees will be getting a 5% merit increase. The Police and Fire (including dispatchers) will receive an additional 1 step or 21% raise effective July 1, 1983. All employees with over 1 year service will receive a one time $500 check in December in lieu of a cost of living raise. This amounts to approximately a 3J% raise. In addition, the retirement system for employees will be amended to include credit for the first year of service of employees and a 20% minimum disability benefit. The budget allows for adding 10 additional police officers, 6 additional firemen and 2 additional parks maintenance people. Overall, city personnel will receive a 91% benefit package while Police and Fire will receive a 12% benefit package. The total of the proposed General Fund budget is $5,449,559. Revenue Sharing Proposed Use Hearing: Max Bacon stated the total anticipated Revenue June 20, 1983 - Continued Sharing funds was $314,122, with $178,312 anticipated for 1983-84 and $135,810 un- expended from 1982-83. Max read the proposed expenditures by department. There were no questions or comments from the audience and the public hearing was closed. Jim Hawkins explained the sinking fund bonded indebtedness totaling $383,264.50 for Water and Sewerage Bonds and General Obligation Bonds. These bonds will be retired in 1984 and 1985, with one retiring in 1986. Jack Shinall added that the City has not had any bond sales since 1965. Jim Tolleson read the budget request for all other funds and stated the total 1983-84 budget was $8,476,331 and made a motion the budget be approved as submitted. Max Bacon seconded the motion. Jack Shinall stated he thought it was a good budget and during discussion it was agreed that council would take a good look at employee salaries that may be out of proportion and make adjustments accordingly. James Williams said we had problems with the long term employees on the application of the 5% merit increase, who have already reached the top of' their range. James agreed it was a good budget and and felt confident that the salary survey would be completed soon and any inequities in salary would be corrected as quickly as possible. Jack Shinall said he would also like to see additional personnel added to the police department. Vote on the motion to approve the budget carried 7-0. 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 Lots 228 and 277 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: f BEGINNING at an iron pin on the north side of Pat Mell Road 200 feet west as measured along the north side of Pat Mell Road from the northwest corner of the intersection of Pat Mell Road and Mills Lane; said point,of beginning being at the southwest, corner of Lot 17 of Block D of Spring Valley Subdivision, Unit Two, a subdivision plat of which is recorded in Plat Book 16, Page 198, Cobb County Records; thence west along the north side of Pat Mell Road 367 feet to a point in the center line of a creek; thence northerly..and northwesterly as measured along the center line of said creek and following its curvature 665 feet to a point; thence easterly, slightly south of east 35 feet to an iron pin; running thence and continuing easterly in the same direction 51 feet to an iron pin on the west line of said Land Lot 277; running thence and continuing in'the same easterly direction 186.3 feet to an iron pin; running thence and continuing in an easterly direction, slightly more southerly than the last mentioned call, 74.4 feet to an iron pin at the northwest corner of Lot 11 of said Block, Unit and Subdivision; running thence southwesterly, southerly and southeasterly along the rear of Lots 11, 12,- 13 and 14 of said Block, Unit and Subdivision, 447.2 feet to an iron pin at the northern most corner of said Lot 17 of said Block, Unit and Subdivision; thence southerly along the northwest line of Lot 17, 40 feet to an iron pin; thence southerly along the western side of said Lot 17, 150 feet to an iron pin on the northern side of Pat Mell Road 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/EL-MARK PROPERTIES, INC., MARK TURNER, JR., PRES. Elbert Coalson made a motion the signature be validated and the public hearing set for July 11, 1983. Sarah Jones seconded the motion which carried 7-0. Elbert Coalson made a motion that Jean Bradley be appointed to the Housing Authority representing Ward 6 for a one year term. Jack Shinall seconded the motion which car- ried 7-0. JAMES WILLIAMS, WARD 3 K SHINAL , WARD 5 SARAH JONES, WARD 7 June 20, 1983 - Continued Jim Tolleson made a motion the minutes. of May 2, 1983 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. Elbert Coalson made a motion the minutes of May 16, 1983 be approved as submitted. Jack Shinall seconded the motion which carried 7-0. Jim Tolleson stated people are not utilizing the new parking area at Jonquil Park and are parking on the curb and sidewalks on Park Road., which is now a public street. Jim made a motion that no parking signs be placed on the street. Max Bacon seconded the motion which carried 7-0. Approval of Bond Schedule: Sarah Jones said our Court has been operating under a much lower bond schedule than others in the County. It has been revised and is now in line with others in the county. Effective July 1st, a percentage of our fines and bonds will go toward a State rehabilitation program and the new bond schedule must be approved prior to July 1st. Sarah Jones made a motion the new bond schedule be adopted to go into effect July 1, 1983. James Williams seconded the motion which carried 5-0, with Max Bacon and Jack Shinall abstaining. Committee Reports: Jim Tolleson thanked Willouise Spivey and Melinda Hiatt for their help in.preparing the new budget and agreed with what Jack Shinall and Max Bacon said regarding the need for a salary study. (Streets) Max Bacon reported we have just about finished with our portion of the construction of Pasadena Boulevard. (Library) Doris Morris reported on library activities. (Water) Jack Shinall called a Water and Sewer Committee meeting tomorrow at 5:00 • P.M. Mayor Bacon reminded everyone of the 4th of July activities at King Springs Park. With no further business, meeting adjourned at 10:05 p.m. HUR T. BACON, MA OR � L �e �� ' WILLOUISE C. SPIVEY, CITY CL AMES E. TOLLESON, WARD 1 MAX BACON, WARD 2 MES M. HAWKINS, WARD 4 LBERT R. COALSON, WARD 6