Loading...
02-17-1986 Regular MeetingFebruary 3, 1986 - Continued COUNCIL INPUT: Joel Harrell said council in Athens and they exchanged some good everyone to put those ideas to good use. just returned from a weekend retreat ideas and concepts. Joel challenged Jerry Mills said the annexation committee was very active and had a lot of things pending. The retreat was very good and he looked forward to going again. Kathy Brooks said the Parks Department has begun registration for youth track and softball. Also, Smyrna. will host the State Swim and Diving championship for the 4th year, August 6-9 at King Springs Pool. Hugh Ragan thanked Larry Williams and other members of the Fire Department for coming tonight and thanked Larry for the good job his department is doing. Hugh also thanked members of the ladies auxiliary present tonight. Hugh Ragan read a portion of a letter from the Atlanta Superstar Basketball program recognizing Jennifer Edgar for her accomplishments. Jennifer and others will be representing the United States in Europe this summer. Max Bacon said that as of tonight, smoking will not be permitted in the council chambers. Max said he went on the retreat 2 years ago and felt it was one of the best trips this body has ever made together. They discussed many important issues that concern the City. Max said that annexations is one very important issue that we will continue to pursue. At the beginning of the year he formed an annexation committee chaired by Jerry Mills and it is by far and long the most active committee we have now. Max said he looks forward to seeing quite a few annexations over the next 2 years. With no further business, meeting adjourned at 8:28 p.m. ************************ February 17, 1986 2 The regular scheduled meeting of Mayor and Council was held February 17,-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 Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representa- tives of the press. Invocation was given by John Patterson followed by the pledge to the flag. CITIZENS INPUT: A representative of the Smyrna Jaycees requested permission to have a "gangster night" to raise money for the Jaycee sponsored Camp Dream. Members would dress in roaring 20's outfits and with approval of the owners, solicit donations from patrons of different restaurants in town. Max Bacon asked them to coordinate their plans with Chief Little. DEPARTMENT REPORTS: Departmental reports were given by John Patterson, Fire Chief Larry Williams and Parks & Recreation Director Sherry Reavis. PUBLIC HEARINGS: (A) Rezoning request by Mrs. Nancy Ellison, 669 Cherokee Road from Future Commercial to General Commercial. John Patterson said that Mrs. Ellison was requesting the rezoning for a carpet business at this location. The property is adjacent to the petatorium at 675 Cheroke Road which Mrs. Ellison also owns and operates. The lot does not meet minimum square foot requirements for General Commercial and although the lot size does conform to Limited Commercial, retail sales are not allowed under this category. There was no opposition. Mrs. Ellison said they would have a carpet showroom for their samples with no actual storage of carpet or other material. Salesmen will go to the customer's home and the carpet will be delivered to them from a warehouse. Ms. Ellison said she was aware of requirements for parking and paving and they would also have provisions for proper drainage. Kathy Brooks February 17, 1986 - Continued said she has talked to Mrs. Ellison and she realizes that General Commercial cannot be approved because of the lot size. Limited Commercial is not much help either because that does not allow for retail sales but Kathy said she felt the business would be an improvement because the Ellison's would also be making improvements to the outside i.e., painting, landscaping. Mr. Camp said if the zoning was approved as Limited Commercial it would constitute a variance to allow retail sales. After further discussion Chuck Camp asked Mrs. Ellison if she would be a manufacturer's representative and the answer was yes. Mr. Camp said the Limited Commercial classification allows a manufacturer's representative and a variance would not be required. Kathy Brooks made a motion the property at 669 Cherokee Road be rezoned from Future Commercial to Limited Commercial with the stipulation that the existing structure cannot be modified or replaced until the lot contains the required minimum 20,000 square feet, that the license not be issued until paving is complete and drainage has been checked by the city engineer. Also, that samples only be allowed at the location with no storage of carpet or other relatedl material. Jim Hawkins seconded the motion which carried 7-0. (B) Rezoning request by Lee Eubanks, 1303 Concord Road from R-15 to Office/In- stitutional. There was no opposition and John Patterson said this parcel is on the northeast corner of King Street and Concord Road. The existing lot is 12,468 square feet, less than code requirements of 20,000 square feet for O&I. The Planning and Zoning Board approved the request with the stipulation that if the present house is razed or modified and another structure is to be built, the lot size requirement must be met by combining the property with adjacent property of like zoning. Mr. Eubanks said he also owns the contiguous property and the two lots combined constitute approximately 2 acres. His adjacent property is also zoned 0&I and would like for this to be compatible. Mr. Eubanks said the house is being rented now with a one year lease and it would be at least that long before he could develop the property. He also understood that once rezoning was approved, he could not re -rent the house as residential. Following discussion, Jim Hawkins made a motion the rezoning be approved with the stipulation that if the present house is modified in any way, the lot size requirements must be met by combining the adjacent lots. Hugh Ragan seconded the motion which carried 7-0. (C) Variance request by Young Sik Hahm, 777 Food Store on Windy Hill Road. There was no opposition. John Patterson said Mr. Hahm was proposing to build a strip shopping center on the lot next to the 777 food store at 1651 Windy Hill Road. Three variances are required; reducing the rear yard setback of 50 feet to 10 feet, reducing the 15 foot side yard requirement to 10 feet and reducing the setback abutting a residential classification from 50 feet to 10 feet at the front where the building will be located 10 feet from the line. Jerry Mills said the shopping center would have the same setbacks as the 777 food store. The apartments adjacent to this property are owned by thirteen different people and for that reason a letter of approval was not required. Jerry said a shopping center would definitely upgrade the appearance of the neighborhood and recommended it be approved. Frank Johnson represented Mr. Hahm at the request of one of his colleagues in the House of Representatives who had a close relationship with Mr. Hahm. Mr. Johnson said Mr. Hahm has been at this location since 1976 and was sure that his development would improve and enhance the community. With little discussion, Jerry Mills made a motion the variances be approved. Jim Hawkins seconded the motion which carried 7-0. (D) Residential group project plan, Castlebury/Thomas properties, Mavell Road. Hugh Ragan said this property was rezoned sometime ago and at that time it was understood that the developer would bring his plans back to council for approval. They met this morning with the attorney and broker and they are not ready at this time to have plans submitted for approval and have asked for a one month continuance. Hugh Ragan made a motion this item be tabled to the second meeting in March. Bob Davis seconded the moiton which carried 7-0. FORMAL BUSINESS: (A) Ordinance Amendment: Section 3-80, Alcohol Beverage - Private Residential Group Club. February 17, 1986 - Continued John Patterson said an ordinance had been drafted which would allow for a meeting place for residents living within a residential complex of 500 or more units. The ordinance is limited in scope but provides an opportunity for these residents to have their own club where they can have food and drinks without having to go outside the complex. Jack Shinall asked if the amendment had been advertised and Mr. Patterson stated it would not be necessary to advertise since we are not amending our distance requirements for alcoholic beverage licenses. Max Bacon also pointed out that this license is actually more restrictive than any other pouring license. Jack Shinall read the amendment and made a motion it be -approved as read. -Bob Davis seconded the motion which carried 7-0. �/(B) Request for Pawn Shop License: Ms. Patricia B. Davis, 2175 Old Concord Road. John Patterson said that Ms. Davis would~like to open a pawn shop in the small shopping center at the corner of Old''Concord Road and Kennesaw Drive. Ms. Davis currently has a pawn shop license in they City of Marietta and there are no known problems. Ms-.' Davis said she had been tin business for 7'jears•-at Town & Country Shopping Center. From time to time they may receive stolen goods but they always cooperate with the Police Department and keep good records. Ms. Davis said she has received a copy of our ordinance and is familiar with our requirements for record keeping. After further discussion Kathy Brooks made a motion the license be approved seconded by Jerry Mills. Jack Shinall said he would not support the motion because he felt there was an over concentration of businesses of this type in the area and did not support the last one. Vote on the motion to approve the license carried 6-1, with Jack Shinall opposed. �(C) Appointment to Planning and Zoning Board, Ward 3. Jerry Mills made a motion that M. F. Washburne be appointed to the Planning and Zoning Board representing Ward 3. Bob Davis seconded the motion which carried 7-0. r(D) Appointment to Clean City Committee, Ward 3. Jerry Mills made a motion that Lydia Brack be appointed to the Clean City Committee representing Ward 3. Jack Shinall seconded the motion which carried 7-0. , (E) Appointment to Clean City Committee, Ward 7. Hugh Ragan made a motion that Charyn Darby be appointed to the Clean City Committee representing Ward 7. Jack Shinall seconded the motion which carried 7-0. lox (F) Approval of Resolution - House Bill 1649. Max Bacon read a resolution to be sent to the members of the Cobb County delegation of the House of Representatives urging them to support and vote for House Bill 1649 entitled "Local Government Services Tax Equity Law". This bill will eliminate the double taxation by the county for services for which our citizens receive little or no benefit. The Cobb County commissioners recently engaged an engineering firm to conduct a study concerning the double taxation and they have refused to release a copy of it, as of this afternoon. Max said if the bill passes, we would negotiate with the county on exactly what services would be provided by them. Hugh Ragan made a motion the resolution be approved as read with copies sent to each member of the Cobb delegation. Jack Shinall seconded the motion which carried 7-0. BID OPENINGS: John Patterson said the parking areas at Jonquil Park are in poor condition due to heavy traffic, erosion and wear and tear over the years. Bids were requested and received from two firms to repair and patch existing holes, install tack coat and 2" of asphalt mix and restripe. Upon the recommendation of John Patterson, Kathy Brooks made a motion ,the low bid of $10,637.15 be awarded to Black Top Paving with $5,500 from the Governor's Emergency Fund and the balance from the Parks Facility Improvement Account. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Neal Loia Construction requested a building permit for tenant finish at 2401 Lake Park Drive at a total estimated cost of $6,000. Bob Davis made a February 17, 1986 - Continued motion the permit be approved subject to approval of the Fire Marshal and Inspec- tions Department. Jack Shinall seconded the motion which carried 7-0. (B) T. S. Gresham Construction requested a permit for tenant finish at 1955 Lake Park Drive at a total estimated cost of $38,500. Bob Davis made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Jack Shinall seconded the motion which carried 7-0. (C) Network Rental requested a building permit for tenant space at 2430_Atlanta Road in Belmont Hills Shopping Center. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Jack Shinall seconded the motion which carried 7-0. (D) Fisher Construction requested a, building permit for interior demolition and interior finish at 2464 Atlanta Road, in Belmont Hills Shopping Center at s . a total estimated cost of $115,000. Jack Shinall made a motion the permit be approved subject ,to approval of the Fire Marshal and Inspections Department. Kathy Brooks seconded the motion which carried 7-0. 1: (E) Bill Smith Grading Co. requested a grading permit for a shopping center at Kenwood Road and South Cobb Drive. Hugh Ragan said he has received a lot of calls from people concerned about soil erosion and drainage problems at this location and assured those people that the City would take whatever steps were necessary to ensure that these problems were corrected. Hugh Ragan made a motion the permit be approved. Kathy Brooks seconded the motion which carried 7-0. (F) Rob Nichols requested a building permit for new construction at 1264 Concord Road at a total estimated cost of $128,000. Jim Hawkins made a motion the permit be approved subject to approval of the Fire Marshal, City Engineer and Inspections Department. Jerry Mills seconded the motion which carried 7-0. (G) Hickory Construction requested a building permit for construction in Cobb Center Mall at a total estimated cost of $13,644. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Hugh Ragan seconded the motion which carried 7-0. (H) Hickory Construction requested a building permit for construction in Cobb Center Mall at a total estimated cost of $14,893. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Jack Shinall seconded the motion which carried 7-0. (I) Hickory Construction requested a permit for construction in Cobb Center Mall at a total estimated cost of $11,496. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Joel Harrell seconded the motion which carried 7-0. CONSENT AGENDA: Hugh Ragan made a motion approval be given to authorize Francis Scott Key Appraisers to proceed with appraisals of 12 parcels on Atlanta Road, Spring Street and Bank Street within the same block as City Hall for possible future acquisition. Joel Harrell seconded the motion which carried 7-0. COUNCIL INPUT: Jack Shinall said the Community Development Committee had had a good meeting and they would be setting up a meeting with all alcoholic beverage license holders in the near future. Hugh Ragan said the budget process has begun and the committee would be starting with the budget hearings soon. Jim Hawkins said the Police Committee has met and looked over the facilities at the Police Department. Jim said they were very much aware of the crowded conditions in that building and were trying to determine their needs for expansion. Max Bacon said there is also a bill in the Senate concerning annexations which would affect our city, Senate Bill 533, and he has written the senators from the Cobb delegation asking them to send the bill back to committee for further study. With no further business, meeting adjourned at 9:01 p.m. February 17, 1986 - Continued A. MAX BACON, MAYOR BOB DAVIS, WARD 1 WILLOUISE C. SPIVEY, CIT CLERK JOEL HARRELL, WARD 2 AJAMES M. HAWKING, WARD 4 KATHY BROOKS r 6