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01-21-1986 Regular MeetingJanuary 6, 1986 - Continued Kathy Brooks thanked the people of Ward 6 and said she had er 2 years. Hugh Ragan said he appreciated the confidence the people have placed in him. Hugh said Smyrna is a good place to live, work and raise a family and pledged to do his very best. Max Bacon said he knew one of our biggest problems the next 2 years would be to control growth. We have traffic problems and will continue to work closely with the county to alleviate those. Max said he would also like to activate the Downtown Development Authority. Also, he would like to maintain a close working relationship with Cobb County and hoped that the City will get our fair share of the 1% local option sales tax. Max also said Willouise Spivey would be beginning her last year with the City and appreciated John Patterson for the fine job he is doing. With no further business, meeting adjourned at 8:34 p.m. January 21, 1986 The regular scheduled meeting of Mayor and Council was held January 21, 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Clerk Willouise Spivey, City Attorney Charles E. Camp, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representa- tives of the press. Invocation was given by Reverend Marvin Frady, pastor of Calvary Baptist Church. There were no citizens reports. DEPARTMENT REPORTS: John Patterson stated the financial condition of the City is very good and with 6 months passed in the budget year the General Fund has collected 71% of revenues with expenditures at 48% which is pretty much in line. The Water Revenue Fund has collected 50% and spent 467.. Revenue Sharing has collected 50% of revenues and spent 12%, with another 42% encumbered. Fire Chief Larry Williams said in December, his department had 10 fires, with 56 calls. The fire loss for December was $2,900 and $178,789 for the year. Chief Williams said the average fire loss for a city our size is $700,000 per year and .96 fire -related deaths. Chief Williams also reported that they had serviced 979 hydrants. Fire Prevention Bureau Captain Jimmie Tidwell retired Friday, leaving a vacancy in that department. Elsie Rape and Wit Carson with the Clean City Commission presented a check to Snyder Turner from the Calvary Children's Home for the winning entry prize in the Spring Festival theme. The winner of the slogan "See Smyrna Sparkle" wished to remain anonymous and asked that the money be donated to the children's home. Mr. Turner said this was the 20th anniversary of the children's home and thanked council for the support they have always provided. Elsie Rape said the festival will be April 19th and some events have already been scheduled. Decals are now being placed on dumpsters throughout the City wherein a fine can be imposed against anyone dumping illegally. Elsie said her committee has had community service volunteers working the last 3 Saturdays cleaning the right of ways and hoped everyone could see an improvement . Mike Hutchinson reported on the Community Development Department and said his office provided a multitude of services including business licenses, home occupation licenses, sign permits, beer, wine and liquor licenses and taxes, zoning and variances, inspections, engineering and planning. In 1985 his office issued 507 new business licenses with 2,022 licenses on file. Three new home occupation licenses were issued with 22 total on file. There are 108 beer, wine and liquor licenses on file. There were 165 temporary permits and 63 permanent permits issued for signs in 1985. There were 545 residential building permits and 845 commercial building permits issued. His department also made 6,000 residential inspections and over 21,000 commercial inspections. January 21, 1986 - Continued PUBLIC HEARINGS: (A) Rezoning request by Phil Beegle representing Wilson Development Company, 28.76 acres on Camp Highland Road from L.I. to R.D. There were 12 to 15 in opposition and a spokesman was sworn in with Phil Beegle, applicant. John Patterson said this is a 28.76 acre tract of land on Camp Highland Road 9/10 of a mile from South Cobb Drive. This is a wooded undeveloped area which is bordered by other residential homes with Highlands Park and Laurel Springs to the rear. Richard Newton represented Mr. Beegle and presented a rendering of the proposed development. Due to the terrain of the land there would only be 56 lots suitable for development. Some of the property lies in the flood plain and would be retained by the homeowners association. Mr. Newton said the minimum selling price would be $70,000 for each side and would be sold as owner/occupied homes per one-half unit. A traffic count was conducted and according to their report there will be no appreciable increase in traffic caused from the development, and would be well within the recommended traffic flow on Camp Highland Road. As of two weeks ago, the Board of Education reported adequate capacity for all schools in the area. Mr. Newton said they would also agree to widen a portion of Camp Highland Road at their expense to meet minimum standard requirements. The minimum lot size will be 12,500 square feet with a minimum of 2 bedrooms per unit. Restrictive covenants will also be placed on the property. Hugh Ragan asked about water and sewer service and Mr. Beegle said that would be provided by the County but service is adequate, with a 36" main to the rear of the property. Hugh Ragan asked if they would also provide an acceleration lane and Mr. Newton said they would. William. Mobley, 4880 Prince Road spoke for the opposition and said they were concerned about the width of Camp Highland Road which is only 16 feet wide from Argo Road. The residents in the area would prefer the zoning remain Light Industry and that it be developed under that category. After further discussion Kathy Brooks asked Mr. Mobley if he felt this rezoning would do away with his chances of selling his property for commercial use and the answer was yes. Following a question from Hugh Ragan, Mr. Beegle said he thought they could build within code requirements and would not anticipate any variances. Hugh Ragan said the Planning and Zoning Board had unanimously recommended approval of the request. He understood the concern over the width of the road but felt this was a good zoning and would not unduly harm anybody; in fact it will probably increase surrounding- property values. Hugh Ragan made a motion the rezoning be approved with the following stipulations: 1) Minimum lot size 12,500 square feet per one building or two units 2) Minimum 1100 square foot of floor space per unit with minimum of 2 bedrooms per unit. 3) Maximum height, 2 story buildings 4) Minimum selling price $70,000 per one-half building, or one unit with a maximum of 3.83 units per acre 5) Camp Highland Road be widened by the developer from the point where the road narrows to the entrance to the development, with the amount of widening to be established by county and city engineers to be not less than 20 feet and a 24 foot recommended width, if practical 6) Acceleration/decleration lane to development subject to engineering approval 7) Only one entrance, to be a divided entrance for maximum visibility 8) Establishment of a homeowners association. 1 Jim Hawkins seconded the motion to approve the rezoning as stipulated. Vote on the motion carried 7-0. (B) Variance request by Virginia S. Rollo, 865 Wayland Court. a John Patterson said Ms. Rollo was requesting a reduction in side yard setback requirements from 10 feet to 5 feet to accommodate a carport which is almost January 21, 1986 - Continued complete. Mr. Patterson said a letter was submitted from Mrs. Starnes the next door neighbor approving the variance, but indicated there was an existing problem with water runoff from the Rollo house. Mrs. Rollo said she had a problem with water standing in her driveway when it rains but it did not go onto Mrs. Starnes' property. Mrs. Rollo said she had been dumping water from her washing machine into the yard because the sewer line was stopped up but she planned to have that corrected soon. Kathy Brooks told Mrs. Rollo this was a health hazard and the water should be going into the sewer system and this must be corrected. After further discussion Kathy Brooks made a motion the variance be granted with the stipulation that gutters and downspouts installed on the carport to pipe the water away from Mrs. Starnes home; also that the washing machine be tied into the sewer system immediately. Jim Hawkins seconded the motion which carried 7-0. Jerry Mills left the meeting at 8:30 p.m. due to a previous commitment. FORMAL BUSINESS: (A) Approval of Resolution approving the issuance of multifamily housing revenue bonds by the Housing Authority for Vista Properties. Chuck Camp said this resolution was for the issuance of multifamily housing revenue bonds for Vista Properties for renovation of 64 multifamily housing units on Atlanta Road known as Smyrna Gardens. Mr. Camp said these apartments are next to the old Smyrna Drive -In and are in desperate need of renovation. Hugh Ragan made a motion the resolution be adopted as written and presented. Jack Shinall seconded the motion which carried 6-0. (B) Approval of intergovernmental agreement for use of C.D.B.G. funds. Hugh Ragan made a motion the Mayor be authorized to sign the agreement between Cobb County and City of Smyrna for allocation of $154,344 under the CDBG program. Bob Davis seconded the motion which carried 6-0. (C) Approval for Mayor to sign agreement for Allstate Insurance to extend 1-year period to file actions for refund. Chuck Camp said that Allstate and State Farm have both requested a refund from the City for overpayment of insurance premiums tax in 1980, 1981, 1982 and 1983. The City denied their claim of overpayment and they are required to file suit within 2 years unless the City agrees to an extension of time. Chuck said that DeKalb County has a case pending in the Supreme Court now which may clarify the law in this area and should be settled before these companies actually file suit against us. Hugh Ragan made a motion an extension of time to file suit be approved, to January 31, 1987 for both companies. Joel Harrell seconded the motion. Following discussion, Hugh Ragan amended the motion to allow an extension for Allstate Insurance to December 31, 1986 and for State Farm Insurance Company to January 31, 1987. Joel Harrell seconded the amendment. Vote on the motion carried 6-0. (D) Ordinance Amendment: Chattahoochee River Tributary Protection. Jack Shinall made a motion that Section 19-24 of the Code of Ordinances be amended by changing "Peachtree Creek" in the Chattahoochee River Tributary Protection Area to "Sweetwater Creek". Jim Hawkins seconded the motion which carried 6-0. (E) Hugh Ragan made a motion that John Heaton be appointed to the Planning and Zoning Board representing Ward 7 and thanked Ray Houston for his past service. Jack Shinall seconded the motion which carried 6-0. AWARD OF BIDS: (A) John Patterson said that bids were received from 3 companies for providing janitorial services to City Hall and the Library. The low bid was from GFI Building Services at $630/month. Mr. Patterson said awarding this contract would result in 50% cost savings to the City by not paying an employee's salary and benefits to do the work. Hugh Ragan made a motion the contract be awarded to GFI Building Services at $630/month, effective February 1, 1986 to June 30, 1987. Kathy Brooks seconded the motion which carried 6-0. (B) John Patterson said that money was budgeted this year in Revenue Sharing to purchase a dump truck for Public Works. The dump truck they now use is in January 21, 1986 - Continued pretty good shape and Mr. Patterson recommended the purchase of three pickup trucks instead. Three bids were obtained, and Mr. Patterson recommended the bid be awarded to Neal Pope Ford. Joel Harrell made a motion the bid be awarded to Neal Pope Ford at $8,877.75 each. Bob Davis seconded the motion which carried 6-0. This is the second low bid but the City has, over the years, moved to standardizing on Ford vehicles. The actual low bid was from Days Chevrolet at $8,870.00 each. COMMERCIAL BUILDING PERMITS: (A) Rob Berry requested a building permit for construction of a shopping center at 821 Concord Road at a total estimated cost of $570,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Bob Davis seconded the motion which carried 6-0. Jim Hawkins said in talking with Mr. Berry he had agreed to one curb cut on Concord Road and to providing an acceleration lane on Concord Road. (B) Boling Construction Company requested a building permit to construct a barn/horse stable off Old Concord Road at a total estimated cost of $26,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. (C) Covington Sheet Metal Co. requested a building permit for sheet metal work at the First Baptist Church at a total estimated cost of $50,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. (D) J. M. Wilkerson Construction requested a building permit for tenant finish at 2400 Lake Park Drive at a total estimated cost of $20,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (E) Jay Sharp requested a building permit for construction of a new fellowship hall for Harvest Baptist Church at a total estimated cost of $50,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (F) James C. Wallace requested a building permit for construction of a convenience store with gas pumps at 661 Concord Road at a total estimated cost of $101,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. _ f-r� (G) Moran and Company requested a building permit for office/warehouse tenant finish at 4600 Highlands Parkway at a total estimated cost of $30,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of fees for facility rentals. Kathy Brooks made a motion the parks facility rental fees be increased from $10/4 hours for city residents and $35/4 hours for non -city residents to a variable fee structure for each facility. Hugh Ragan seconded the motion which carried 6-0. COUNCIL INPUT: Hugh Ragan said the latest ARC figures indicated Smyrna was the fastest growing city in Cobb County with a population of just under 28,000. Jack Shinall said the figures Mike Hutchinson presented tonight indicated the growth and commended Mike on the good job his department is doing. Max said he thought everybody recognized the growth problems but council now had more information available to them in a zoning decision than they ever had. Max said the City could not stop growth, but they could control it. Max also thanked Reverend Frady for the invocation tonight and welcomed John Heaton to the Planning and Zoning Board. Mayor Bacon said 1985 was a year he would never forget because a lot of things had happebned to him and his family personally. Max said Jim Hawkins had meant January 21, 1986 - Continued a lot to him personally and to this council. Max said he appreciated Jim's efforts and presented him with a plaque to express council's appreciation during a difficult time. With no further business, meeting adjourned at 9:11 p.m. ",! A. MAX BACON, MAYOR BOB DAVIS, WARD 1 C WIL'LOUISE C. SPIVEY, CI&t CLE J HARRELL, WARD 2 i