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04-07-1986 Regular MeetingApril 7, 1986 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on April 7, 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 except for Joel Harrell who was out of town. Also present was City Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by John Patterson, followed by the pledge to the flag. CITIZENS INPUT: Dean Byers, President of Smyrna Little League, requested approval for a parade permit this Saturday starting at 11:00 a.m. for their opening day ceremonies and invited the Mayor and Council to participate. Nancy Amos, owner of Ceramic Creations on Atlanta Road presented a jonquil ginger jar to the City, which she designed and created. PUBLIC HEARINGS: (A) Annexation of 16.73 acres on Nickajack Road at Cooper Lake Road. John Patterson said that Mr. Nicholas Souris has requested annexation of the above referenced property in Land Lots 330 and 331 which is adjacent to. Highlands Park. The application was validated March 3, 1986 and the public hearing date set for tonight. Mr. Souris desires to relocate and expand his business to this location and prefers to remain inside the city limits. There was a large group in opposition to the annexation and spokesmen for the group were sworn in with Bob Davies representing Mr. Souris. Mr. Davies said that Mr. Souris preferred to remain inside the City because he felt the services were much better. Hugh Ragan stated that the annexation issue only was being addressed and should the property be annexed, it would have no effect on the decision they would make later during the zoning hearing. Hugh said that council was in no way assuming responsibility for rezoning the property later. Mr. Davies said that it was Mr. Souris's intention to bring the property into the City regardless of the outcome of the zoning, because his business has been located in the City for several years now. Philip Bracken, President of the Nickajack/Floyd Homeowners Association said they were very concerned about this annexation and possible zoning which may result, because of the existing road conditions in the area, provision of services during construction, plans for future road improvements, etc. Also, Mr. Souris has a 7 acre tract under contract which is across the road from °? this property, with a zoning request currently pending in the County. Mr. Bracken said Cobb County has indicated an interest in purchasing the 7 acres for a park and they were also concerned that approval of an industrial zoning for the 16 acres would hamper their efforts in that direction. Mr. Bracken said they would prefer this property remain in the county so that they would not be dealing with two different governing bodies in the rezoning requests, and asked that it at least be tabled to a later date. Douglas A. Long and Candy Rawlins also spoke in opposition because of the traffic situation and decrease in home and property values. Mayor Bacon said we were getting away from the issue, which is the annexation of Mr. Souris's property. The zoning is a different issue altogether and has nothing to do with annexation. Hugh Ragan also said everything he has heard tonight pertains to zoning and not annexation, which will have no effect on the citizens :in the area. Hugh said the City is interested in expanding it's tax base and this property will add to the tax base, whether residential or commercial. Hugh said he had tried to work with residents in the area and would continue to do so, whether they were in the City or not. After further discussion Hugh Ragan made a motion the property be annexed to become a part of Ward 7, the legal description having been read and made a part of the March 3, 1986 meeting. Jim Hawkins seconded the motion which carried 6-0. (B) Rezoning of 16.73 acres on Nickajack Road from R-20 to Light Industry. Hugh Ragan made a motion the rezoning be tabled to the next meeting to give the developer an opportunity to meet with homeowners in the area. Jim Hawkins seconded the motion which carried 6-0. April 7, 1986 - Continued (C) Rezoning of 2.263 acres west of Belmont Circle tutional. Kathy Brooks said a letter was received form Attorney Ken Chalker, representing Emory and Sybil Clark requesting that this application be withdrawn. Mr. Camp reminded council that a request for postponement must be received 72 hours before the scheduled hearing date. If there is any question as to whether or not the Clarks are requesting that the application be withdrawn or postponed, Mr. Camp suggested that council approve a continuance of the hearing. If it is withdrawn tonight, they will have to wait 12 months before re -applying. Kathy Brooks said the letter was received today and it did request that the application be withdrawn. (D) Rezoning of 1247 Concord Road from R-15 to Limited Commercial. The applicant for the rezoning was not present and Jim Hawkins made a motion this item be tabled to the next meeting. Bob Davis seconded the motion which carried 6-0. (E) Rezoning of 2.317 acres on Whitfield Street from R-15 to Residential Duplex. William C. Davis, Jr. of Northwest Corridor Properties represented Marion E. and Margaret C. Decker in their request to rezone the above referenced property in Land Lot 593 from residential to Residential Duplex. There was no opposition and with little discussion Jerry Mills made a motion the zoning be approved with the stipulations that the minimum allowable road width be 26 feet from back of curb to back of curb; storm water detention be provided; a 6 foot wooden fence be erected at the rear of the property; and that the developer bear all costs of sewer line relocation. Bob Davis seconded the motion which carried 6-0. (F) Rezoning of 0.52 acres on Concord Road @ Hollis Street from Future Commercial and Limited Commercial to Neighborhood Shopping. Arthur L. Crowe represented Central Glenn, Inc. in their request to rezone the above referenced property at 1073 and 1083 Concord Road. John Patterson said that the two lots were being merged to provide 22,645 square feet which exceeds the minimum requirement. This zoning was denied in July, 1984 but the Zoning Board has now recommended it be approved. There was some question as to whether or not a 50 foot setback line would be required to the rear, which adjoins Future Commercial zoning. Jim Hawkins said it was his understanding that the homes to the rear were residential and to his knowledge, had never been zoned Future Commercial. Mr. Crowe said he had been told by the Community Development department on two different occasions that a 30 foot setback would be required, since our zoning map showed the homes to the rear as being Future Commercial. After discussion, Jim Hawkins suggested this item be tabled to the next meeting and would like to meet with Mike Hutchinson and the developer to resolve the setback issue. Jim Hawkins made a motion the rezoning be tabled and asked Mr. Newton and Mr. Crowe to contact John Patterson to set up a meeting to resolve this issue. Jerry Mills seconded the motion which carried 6-0. (G) Rezoning of 0.86 acres at 3366 Atlanta Road from General Commercial to RM12. Jerry Mills made a motion that this zoning be tabled to the April 21st meeting since Joel Harrell is not here tonight. Jim Hawkins seconded the motion which carried 6-0. (H) Variance request to reduce side and rear yard setback requirements at 3366 Atlanta Road. Jim Hawkins made a motion the variance request for 3366 Atlanta Road also be tabled to the next meeting, in the absence of Joel Harrell. Bob Davis seconded the motion which carried 6-0. (I) Variance request to reduce parking requirements at 1651 Windy Hill Road. John Patterson said that Young Sik Hahm had requested a variance for the construc- tion of a new shopping center at 1651 Windy Hill Road. Mr. Hahm owns the 777 Food Store adjacent to this property and 14 parking spaces for the shopping April 7, 1986 - Continued center will be provided at the 777 Food Store since there are 22 total spaces there and only 8 are required. The new shopping center will provide 33 spaces, which when combined with the other 14 will total 47. This is 6 short of the total required. There was no opposition and Jerry Mills made a motion the variance be approved with the stipulation that Mr. Hahm sign a formal, recordable document to provide a permanent easement for 14 parking spaces at the food store. Jim Hawkins seconded the motion which carried 6-0. (J) Home occupation license - Marcella Wright, 2775 Ivanhoe Lane. John Patterson said that Mrs. Wright has applied to operate a word processing business from her home at 2775 Ivanhoe Lane. Mrs. Wright is employed full time at another job and this business would only be part time. She is aware of all requirements and the adjacent property owners have signed a petition stating they have no objections to this request. There was no opposition from the audience and Mrs. Wright said the work would be conducted primarily in the evenings and weekends. The work will consist of typing with a personal computer and word processing package. Her plans are to use mail services for advertisement and hopes to be able to pick up work from her customers homes. Jack Shinall reminded Mrs. Wright this is a privilege license and is reviewed annually before being renewed. Jack Shinall made a motion the license be approved. Jim Hawkins seconded the motion which carried 6-0., (K) Home occupation license - Amir Fazli, 3571 Lake Drive. John Patterson said that Mr. Fazli has made application to operate a landscaping business from his home. There were several in the audience in opposition and one of the residents within the 300 foot radius had refused to sign the petition approving the request. The spokesman for the opposition was .sworn in with Mr. Fazli. Mr. Fazli said he is not actually in the landscaping business and will not be cutting lawns. He mostly will be doing inside plant work for restaurants, offices, etc. He currently has a greenhouse behind his home and needs the license to purchase his material at wholesale prices. Mr. Fazli said he would not have any outside storage and the only person who refused to sign the petition was on Westbrook Drive and would certainly not be affected. John Wise of 3671 Lake Drive said they_ were concerned about any business license being issued in this area because it would create a situation where others might also want to do the same thing. Any landscaping business requires transpor- tation and equipment and felt that he would need to have some type of storage available. Mr. Wise said that several of his neighbors were here earlier, also in oppositin, but due to the length of tonight's meeting could not stay to voice their opinions. Jim Hawkins said this is a privilege license and could not support approval since there appears to be substantial objections from the neighbors. Jim Hawkins made a motion the license be denied, seconded by Kathy Brooks. Jack Shinall told Mr. Fazli it has been Council policy to deny any application for a license of this type when there is opposition. Vote on the motion to deny carried 6-0. FORMAL BUSINESS: (A) Authorization for Mayor to sign L.A.R.P. agreement for paving of 14 streets. Jack Shinall made a motion the Mayor be authorized to sign the L.A.R.P. agreement for paving of 2.6 miles of city streets. Hugh Ragan seconded the motion which carried 6-0. (B) Approval of resolution opposing Concord Road Connector. Attorney Chuck Camp read .a resolution expressing the City's opposition to the proposed Concord Road Connector as follows: WHEREAS: A connector road to provide safe and convenient traffic flow from the western side of the county to the eastern side of the county has been an issue that has been discussed and studied for several decades; and April 7, 1986 - Continued WHEREAS: the most recent study performed by Welker and Associates did not indicate the need for a Concord Road Connector; and WHEREAS: The desire is to connect the western portions of the county with the eastern portions along the route that would disturb and displace the least number of people; and WHEREAS: The route should have a major thoroughfare as its eastern termination point which could then disperse the traffic easily in the eastern sections of the county; and WHEREAS: A Concord Connector has not been mentioned in many years and was deemed *by the residents in the area to have been eliminated from the planned route; and WHEREAS: The Concord Connector would not provide the connection between the west and the east, but would provide a termination point on Concord Road at the City of Smyrna's western limits; and WHEREAS: The area through which the Concord Connector would pass is of significant historic importance; and WHEREAS: The proposed intersection with Concord Road is in one of the more beautiful and stable neighborhoods in Smyrna; and WHEREAS: The safety along Concord Road would be diminished significantly due to its being only two lanes where the Concord Connector is proposed to intersect it, and that there are numerous roads and driveways that come onto Concord Road; and WHEREAS: There are numerous hills and curves along Concord Road; and WHEREAS: It's presently congested to the point of making travel difficult; now THEREFORE: Let it be resolved that for the principle of public safety and in order to keep the City of Smyrna from being divided in half by an enlarged throughfare and in order to keep the integrity of a neighborhood in tact in order to provide safe travel for the residents of our area, the Council of the City of Smyrna goes on record in strong opposition to any form of a connector road between the East/West Connector and Concord Road. Hugh Ragan made a motion the resolution be approved, seconded by Kathy Brooks. Hugh Ragan said the county commissioners would meet tomorrow morning to vote on the connector road and he would attend the meeting to speak in opposition. A copy of this resolution will be presented to them and Hugh urged others to do the same thing. Vote on the motion to approve the resolution carried 6-0. BID AWARDS: (A) John Patterson said that bids had been received on the resurfacing of the tennis courts at Ward and Jonquil Parks, as well as two courts at King Springs Park. Bids were received from three companies, with Premiere Coating Company being the low bidder. Kathy Brooks made a motion the bid be awarded to Premiere Coating, with $6,520 being paid from the Parks Department budget and $5,920 to be paid from the Community Development Block Grant. Jack Shinall seconded the motion to resurface two courts at Ward Park, two courts at Jonquil Park and two courts at King Springs Park, which carried 6-0. (B) John Patterson said that bids were requested from five vendors for swimming pool chemicals, with two bids received and only one bid being complete. Prices were in line with last year's prices and are within budget. Kathy Brooks made a motion the bid be awarded to Dixie Products Sales & Service at $3,834.15. Hugh Ragan seconded the motion which carried 6-0. (C) John Patterson said all the information was not complete to award the bid tonight for the Emergency Outdoor Warning System equipment. Jim Hawkins made a motion this bid award be tabled to the April 21st meeting. Jack Shinall seconded the motion which carried 6-0. April 7, 1986 - Continued COMMERCIAL BUILDING PERMITS: (A) T.I. Construction requested a building permit for tenant finish at 4015 South Cobb Drive (Ridgeview Institute) at a total estimated cost of $28,000. Hugh Rgan made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (B) Wilson Interior requested a building permit for tenant finish at 5000 Highlands Parkway at a total estimated cost of $110,000. 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 6-0. (C) LCH Contracting requested a building permit for tenant finish at 2200 South Cobb Drive in Cobb Center Mall at a total estimated cost of $20,500. Kathy Brooks made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal's office. Jack Shinall seconded the motion which carried 6-0. (D) Urban Engineers requested a grading permit for 4500 Wilson Way. Hugh Ragan made a motion the permit be approved subject to approval of the site plans by the Inspections Department, Fire Marshal, and City Engineer. Bob Davis seconded the motion which carried 6-0. CONSENT AGENDA: (A) Hang banner for Spring Festival (B) Request for parade permit (C) Close streets for Spring Festival (D) Approval of March minutes (E) Approval of 1986-87 C.D.B.G. Project list Hugh Ragan made a motion the consent agenda be approved. Kathy Brooks seconded the motion which carried 6-0. COUNCIL INPUT: Jack Shinall said the Community Development Committee had a very informative meeting last week with the holders of alcoholic beverage licenses and he hoped to make this an on -going program. Kathy Brooks reported on upcoming events in the Parks and Recreation Department. Hugh Ragan said the City will send a copy of the resolution approved earlier tonight to the Department of Transportation requesting their consideration in supporting our efforts to deny the Concord Connector. Hugh also congratulated Fire Chief Larry Williams and his department in obtaining a new fire rating for the City from a 6 to a 3. Other members of council also congratulated the Fire Department and Chief Williams for a job well done. The new rating will mean a substantial savings in insurance premiums to homeowners and businesses. Jerry Mills also thanked members of council for approving projects in his Ward tonight under the C.D.B.G. funds and also for resurfacing in his ward under the LARP program. Jim Hawkins made a motion the rules be suspended to vote on an item not on the agenda. Jack Shinall seconded the motion which carried 6-0. Jim Hawkins made a motion that Deborah Clayton be appointed to the Parks and Recreation Commisison representing Ward 4. Jack Shinall seconded the motion which carried 6-0. Mayor Bacon also commended the Fire Department on obtaining a class 3 rating. The rating indicates that we have an exceptionally good Fire Department and we appreciate the hard work. Jack Shinall reminded everyone that the children are out of school next week and said that it is important for us to report any unusual looking circumstances to our Police Department. There have been reports in the last few days of adults trying to coax children into their cars, or away from their homes. With no further business, meeting adjourned at 9:44 p.m.