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03-17-1986 Regular MeetingMarch 3, 1986 - Continued Jack Shinall said the Community Development Committee is having a meeting with all holders of alcoholic beverage licenses. This will be an informal 1 meeting to be held March 20th at 7:00 p.m. Jack Shinall said he recently represented Smyrna at a CMA meeting where Cobb Commissoin Chairman Earl Smith presented a master zoning proposal for the entire county. Basically there were no results from that meeting. Mr. Smith was unyielding in his proposal but Jack said the plan does not fit in with the plans of the City of Smyrna at this time. Kathy Brooks said the swim team would have an organizational meeting March 13th and registration is now in progress for the March classes. Kathy also said she would like to thank the people of Ward 6 for their patience during the sewer rehab and assured them that it would be cleaned up. John Patterson said renovation has just begun on City Hall with community service volunteers doing the work. Basically we are taking space we have and utilizing it to the fullest extent possible. The administrative offices are being remodeled with other offices being subdivided. We should gain an additional 3 to 4 offices for personnel. The police department renovation will probably begin when City Hall is complete. With no further business, meeting adjourned at 8:25 p.m. ************************ March 17. 1986 The regular scheduled meeting of Mayor and Council was held March 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 representatives of the press. Invocation was given by Reverend Bud Abbott from Smyrna First Baptist Church, followed by the pledge to the flag. Max Bacon read a proclamation commending the Wills High School Boys Basketball team for winning the State AAAA championship game and presented it to the coaches and players: Individual plaques were ordered for the coaches and players but did not arrive in time for the presentation tonight. Jack Shinall said he would take the plaques to Coach Neal's office tomorrow. Randall Young, President of the Smyrna Business Association joined Mayor and Council in commending the Wills team and staff for their great accomplishment and extended an invitation to each of them to join the Smyrna Business Association at their lunch meeting April 3rd at Aunt Fanny's Cabin. Randall said they would also provide limousine service to and from the school. CITIZENS INPUT: Larry Samples of Angla Drive expressed his opposition to the proposed route of Phase IV of the East/West Connector and especially the Concord Road connector. Mr. Samples said the City cannot take any more traffic and was very concerned that the new roadway would funnel a great deal of traffic onto Concord Road. Mr. Samples requested that council and Smyrna citizens contact the county commissioners expressing their adamant opposition to the construction of any road that would empty traffic onto the Concord Road corridor. Max Bacon said he appreciated Mr. Samples' comments and said they had already met with John Wade from Cobb County whose opinion was that the connector would not dump any more traffic into the City but the majority of council disagreed with that statement. They, too, are concerned about the existing traffic problem we have and Mayor Bacon said he was very much opposed to any exit or entrance ramp from Concord Road. Hugh Ragan said this was an issue he had already planned to discuss at the end -of the meeting. His personal feeling was that council should address this issue soon because the commissioners should be voting on it in the very �..=r March 17, 1986 - Continued near future. The City should set a meeting with the commissioners to talk face to face and let them know our concerns about dumping traffic into Smyrna by way of the connector. Hugh said we do not need it, we don't want it, and it will not add anything to the City of Smyrna. Also, he did not appreciate the county commissioners trying to give Smyrna their problems. Sandra Hembree, a resident of Deerwood Parkway presented a written petition she had prepared to the county commissioners opposing the Concord Connector and said she would appreciate signatures tonight and would welcome any calls from others who might want to sign. DEPARTMENT REPORTS: Chief Larry Williams, Director Sherry Reavis. PUBLIC HEARINGS: Department reports were given by John Patterson, Fire Public Works Director Vic Broyles and Parks and Recreation (A) Rezoning request by Rick Vaughn - 43 acres from Heavy Industry and R-20 to Office/Institutional and Office/Distribution. John Patterson said that Rick Vaughn, representing Wilson Development Company requested the above referenced rezoning which was annexed into the City at the last meeting. The property abuts Highlands Park on the north, with residential zoning to the east and Heavy Industry and Light Industry to the south and west. If the zoning is approved, this property will be developed as an extension of the park. The Planning and Zoning Board had recommended the zoning be approved. There was no opposition and Greg Haynes with Coldwell Banker represented Wilson Development. Mr. Haynes said that Wilson Development would develop the property, with approximately 28 acres for offices and 15 acres for office/ distribution. Once approved, construction will start immediately. With little discussion Hugh Ragan made a motion the zoning be approved. Joel Harrell seconded the motion which carried 7-0. (B) Rezoning request by Lamar J. Rose - 1000 Concord Road from Future Commercial to Limited Commercial. John Patterson said that Mr. Rose was requesting rezoning of the above mentioned property for office space. The lot meets minimum square footage requirements and the existing house will be converted. There was no opposition and the Planning and Zoning Board had recommended the zoning be_ approved provided paving, parking and fencing requirements. were met. Mr. Rose said improvements would be made to the house and also agreed to placement of a 6' wooden fence along the back property line. Jim Hawkins made a motion the zoning be approved with the stipulation that all curb stops be installed, all paving requirements be met, and a 6' wooden fence be erected along the rear property line. Jack Shinall seconded the motion which carried 7-0. (C) Rezoning request by J. Daniel Witt - 1010 Magbee Drive from R-15 and General Commercial to Office/Institutional. John Patterson said that R. E. Hoaster of Hoaster & Landry was representing Mr. Witt in their rezoning request and proposed plansto build an attractive office structure on 4 lots at the corner of South Cobb Drive and Magbee Drive. The 4 parcels will all be merged to form a lot of 48,000 square feet for a more uniform zoning. There was no opposition and the Planning and Zoning Board had recommended approving the zoning. Mr. Hoaster said 3 of the lots face South Cobb Drive and are currently zoned General Commercial; the other is residential. Initially they were requesting approval to rezone the residential lot to General Commercial, but the Planning and Zoning Board recommended merging the lots and rezoning to Office/Institutional. Mr. Hoaster said the only problem he had was that if they decide not to build the offices, they would like for the 4 parcels to revert back to the original zoning since Mr. Witt's fence company is presently located on the corner lot. Residents in the area had also asked them to move the curb cut on Magbee as close to South Cobb as possible and they are having the surveyor re -draw the plans to move the drive as close to South Cobb as possible, about 170 feet from the right of way. They will also meet buffer requirements on the side adjacent to the residential area and would provide any buffer within reason. Mr. Hoaster said they want this to be a quality development that looks good, and they already have an anchor tenant with enough tentative commitments to almost ensure the construction. March 17, 1986 - Continued After further discussion Jim Hawkins made a motion the zoning be approved with the stipulations that the curb cut on Magbee Drive be located no further than 170 feet from the right of way of South Cobb Drive; also if the building permit is not issued within 6 months, each of the 4 parcels will revert back to their original zoning. Jerry Mills seconded the motion which carried 7-0. (D) Variance request for Laurel Springs Development, Phase II, Lots 50, 51, 52, 53, 58, 59, 60 and 61. John Patterson said that David Logel, developer of Laurel Springs was asking for a reduction in the front building setbacks on the above mentioned lots from 25 to 18 feet, due to the topography of the land. There was no opposition. Mr. Logel said this is a steep, rocky hill side which slopes from the street upward and will require a great deal of excavation. Mr. Logel said he did not need the variance on lots 52 and 53 and they have already begun construction on those lots. There was some discussion about the possible need for a retaining wall and Hugh Ragan asked Mr. Logel if he would be willing to accept any responsibility for future problems that may need correcting as a result of the variance. Mr. Logel said the lots are inspected by FHA and felt they would be acceptable. He would gladly consider signing an agreement, but would like for his attorney to review it first. After further discussion Hugh Ragan made a motion the variance on lots 50, 51, 58, 59, 60 and 61 be approved with the stipulations that the question of whether or not these lots are buildable be resolved between our engineer and the developer; that the builder assume all liability of drainage, mud slides, etc. that might result by signing a hold harmless agreement with the City. Jim Hawkins seconded the motion which carried 7-0. (E) Beer and wine package license request for Union 76, South Cobb Drive @ Powder Springs Street. John Patterson said that Mr. Danny Leon Tennant had applied for a package license for the newly remodeled Union 76 station which now includes a convenience store. The James House apartments directly abut the Union 76 property to the rear, but a letter was received from United American Mortgage Corporation as owners of the apartments, waiving the distance requirements. Mr. Tennant said he was the Services Manager for the Southern Division for Union 76. He has read our ordinance concerning sale of alcoholic beverages and is familiar with them as well as State law. Kathy Brooks said the police investigation was also favorable and made a motion the license be approved. Jack Shinall seconded the motion which carried 7-0. (F) Liquor, beer and wine pouring license for Little Miss Carol's Restaurant, 2365'South'Cobb Drive. _ John Patterson said that Miss Carol Ray was requesting a pouring license for her new restaurant, formerly Lum's which is on South Cobb Drive just north of, Cherokee Road. Miss Ray said this will be a family restaurant and would —like to have drinks available to customers who wanted one with their meal. Drink sales would, however, be minimal. She now has a restaurant on Barrett Parkway and Bells Ferry Road and has been in the restaurant business for 13 years. Miss Ray said she has never had a pouring license but this location was already equipped to serve alcoholic beverages. There was no opposition and the police investigation was favorable. Kathy Brooks made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (G) Home occupation license - Alfredo R. Tovi, 2644 Linnwood Drive. John Patterson said that Mr. Tovi had submitted an application for a license to operate a Duraclean carpet, rug and upholestery cleaning business from his home at 2644 Linnwood Drive. There was no opposition and Mr. Tovi had secured the petition from neighbors stating they had no objections. Mr. Tovi said he would convert one bedroom of his home for an office and telephone and all services will be provided in homes of customers. He understood there will be no outside advertising but would be storing some cleaning fluids. Kathy Brooks said the ordinance does not allow storage of chemicals on premises and did not realize until now that Mr. Tovi would have storage at his home. Kathy Brooks said she would like to table the license to give Mr. Tovi time to make other arrangements. After further discussion Chuck Camp said that council could approve the license tonight provided there is no storage on the premises, and with the assurance from Mr. Tovi that he will find another location for his cleaning compounds. March 17, 1986 - Continued Mr. Tovi said he could rent a building to store his material and would be willing to do that. Kathy Brooks made a motion the license be approved with the stipulation that the City be allowed to check his home for storage at any time. Jim Hawkins seconded the motion which carried 6-1, with Joel Harrell opposed. FORMAL BUSINESS (A) Set date to hear appeal of Recorder's Court. John Patterson said that Lori DD Rand has requested an appeal of the decision of Recorder's Court of March 6, 1986, where she was found guilty of speeding and fined $35.00. Jim Hawkins made a motion the hearing set for April 21, 1986. Hugh Ragan seconded the motion which carried 7-0. (B) Approval of residential group project plan (tabled 2/17/86). Hugh Ragan said the property on Cooper Lake Road which the City rezoned for a planned development was zoned with the agreement that the developer would be required to bring his plans back to council for approval before construction. Five weeks ago they submitted preliminary plans and since then the developer has had problems with financial arrangements. He no longer wishes to develop the property and Hugh Ragan made a motion council disapprove the preliminary plans submitted with the zoning to remain as approved along with all requirements and stipulations attached to the zoning. Joel Harrell seconded the motion which carried 7-0. BID AWARD: John Patterson said that bids were submitted from four companies for one 1986 model cab and chassis for the Parks Department. Upon the recommendation of John Patterson, Kathy Brooks made a motion the cab and chassis be awarded to Wade Ford at their bid price of $9,889.88, to be paid from the Revenue Sharing Fund. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Williamscraft Builders requested a building permit for tenant finish at 1800 Lake Park Drive at a total estimated cost of $50,000. Jack Shinall made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Bob Davis seconded the motion which carried 7-0. (B) T. I. Construction requested a building permit for tenant finish at 4015 South Cobb Drive at a total estimated cost of $26,000. Joel •Harrell made a motion the permit be approved subject to approval ofa the Fire Marshal and Inspections Department. Bob Davis seconded the motion which carried 7-0. (C) Flint Hill Construction requested a building permit for remodeling at 2968 Atlanta Road at a total estimated cost of $62,000. Jim Hawkins 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. (D) Charles Cook requested a building permit for an addition to the existing office at 1239 Concord Road at a total estimated cost of $60,000. Joel Harrell made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Bob Davis seconded the motion which carried 7-0. (E) B. L. Law Construction requested a building permit for a new shopping center at 1651 Windy Hill Road at a total estimated cost of $193,000. Jerry Mills made a motion the permit be approved subject to approval of the Fire Marshal, City Engineer and Inspections Department. Jack Shinall seconded the motion which carried 7-0. (F) J. C. Warren Co. requested a building permit for tenant finish at 4700 Highlands Parkway, Building A. Hugh Ragan made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. CONSENT AGENDA: The only item on the consent agenda was approval of surveying work for Lake Park and Brinkley Park. Hugh Ragan made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Hugh Ragan stated again that he very firmly opposed the proposed Concord Road Connector as part of the East/West Connector and asked the Mayor to set a meeting with the County Commissioners to express the City's disapproval. March 17, 1986 - Continued Kathy Brooks asked about the status of the water and sewer rehab. John Patterson apologized for the inconvenience caused by the work and said that Lovern Construction had assured him that paving and cleanup would begin this week with weather permitting. Kathy thanked the people of Ward 6 for their patience during this project. Jack Shinall also said he has gotten some very serious complaints from Ward 5 residents and assured everyone that the rehab work would be completed to their satisfaction. Jack Shinall reminded everyone of the meeting Thursday night with the holders of alcoholic beverage licenses and invited the Mayor and other council members. Jim Hawkins commended the Police and Fire for their quick response in answering an emergency call on Burbank Circle Saturday. Jim Hawkins also said they are finally getting sidewalks installed on McCauley Road. This'work was approved by two previous administrations but was deleted due to lack of funds. This time he has been assured that the sidewalks will be installed from Community Development Block Grant funds. Jim Hawkins said he, too, was opposed to the Concord Road Connector and had been assured several years ago that this was a dead issue, when the City opposed this same route. Jerry` Mills thanked council for approving sidewalks on Spring Street in his ward. Jerry said construction will begin this week. Bob Davis also expressed opposition to the Concord Connector because of the additional traffic it will generate in Smyrna. Bob also thanked Elsie Rape for the good job her volunteers did over the weekend in cleaning Spring and Campbell Roads. Mayor Bacon said that Commissioner Earl Smith would receive a letter from council tomorrow indicating their opposition to the Concord Connector. Also, the preliminary report on the double taxation issue has finally been released by the county. Max also congratulated the Wills High School boys basketball team for their outstanding accomplishment. With.no further business, meeting adjourned at 9:35 p.m. A. MAX BACON, MAYOR WILLOUISE C. SPIVEY, CI CLERK BOB DAVIS, WARD 1 JOEL HARRELL, WARD 2 la., xp/ AMES M. HAWKINS, WARD 4 THY BR00 , WARD 6 &41= 9 - HUGH RAG N, WARD 7