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10-21-1985 Regular Meeting (2)October 7, 1985 - Continued James Williams seconded the motion which carried 5-( (D) The Smyrna Post Office requested a permit to enlarge their parking lot at a total estimated cost of $278,000. Kathy Brooks made a motion the permit be A approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 5-0. CONSENT AGENDA: Hugh Ragan made a motion the minutes of September 3, 16 and I 23 be approved as submitted. Bob Davis seconded the motion which carried 5-0. COUNCIL INPUT: James Williams said we are continuing to work on discrepancies in our county water billing and hopefully we will have a final dispositon within the next 30 days. Kathy Brooks commended Carol Cowan and Martha Morris in the Inspections Department for the good job they are doing in conjunction with the moratorium and changes adopted tonight. Hugh Ragan reiterated the city-wide problem we have with speeding and traffic violators and told John Patterson we need to take a hard look at the problem and see what can be done. Jim Hawkins reminded everyone of the election November 5th and Max Bacon for being the next Mayor, having had no opposition in period. Wards 1 and 7 are also unopposed but polls will be open special referendum dealing with 4 year staggered terms. With no further business, meeting adjourned at 9:29 p.m. ************************ October 21, 1985 congratulated the qualifying because of the The regular scheduled meeting of Mayor and Council was held October 21, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams, Clean City Coordinator Elsie Rape and representatives of the press. Invocation was given by Bob Davis followed by the pledge to the flag. PUBLIC INPUT: Nothing to report. DEPARTMENT REPORTS: (A) John Patterson reported on the financial condition of the City through the first quarter of the fiscal year. About 15% of the revenues for the General Fund have bene collected and with property taxes being due November 15th, that figure will soon increase considerably. Expenditures in the General Fund are at approximately 24% which is in keeping with the passage of time. Mr. Patterson said that generally you will have higher expenditures the first quarter and lower revenues. The utility fund has collected about 28% of projected revenues which is better than you would expect, with 26% of this fund being spent. In the State Grants Fund, 26% has been collected and the same amount spent. In the Revenue Sharing Fund, 25% of the revenues to date have been collected but through September 30th, only $3,200 was spent. Mr. Patterson said there were no departments out of line in their expenditures. (B) Chief Larry Williams made a Fire Department report and stated that during September they had 29 emergency calls. Fire loss was approximately $5,200 in September and $119,000 year to date. 1,145 hours were spent on training in September and the Fire Prevention Bureau made 58 inspections. Also, there were 116 burn permits issued. The fire department also conducts fire safety programs .and they have completed the inspection and repair of hydrants throughout the City. (C) Elsie Rape stated the Clean City Committee has placed newspaper recycling bins at different locations in the City and they hoped to use proceeds from these sales to buy plants and shrubs for their adopt -a -spot program. October 12th was also clean up day in Smyrna and Elsie introduced three high school { 1 October 21, 1985 - Continued students who participated by volunteering their time to clean along Spring Road. PUBLIC HEARINGS: (A) Rezoning at 1263 Hunter Street from R-15 to Office/Institutional. J. M. Proctor requested the rezoning and there were two people in opposition. John Patterson said that Mr. Proctor was the owner of four lots with a total of 200 feet frontage on Hunter Street. The rezoning is for three of those lots which they will sell for 0&I development. The other lot would remain R-15 and Mr. Nichols plans to build a home there. Property to the west is LC with R-15 to the east and the rear of the property abutting a recently rezoned LC lot. Mr. Proctor and Mr. and Mrs. Bradley, in opposition, were sworn in by Attorney Camp. Mr. Proctor said his home was the only residence on Hunter Street and their property is actually the buffer zone between the businesses on Concord Road and homes at the end of Hunter Street, on Dunn Street. If these 3 lots are rezoned and sold, they would build their home on the fourth lot and still buffer these homes from the commercial development. Mrs. Bradley said they had owned their home on Dunn Street for 29 years and were opposed to any further commercial development on Hunter Street. Also, she had been told that the minimum lot frontage must be 85 feet for development and these lots are only 50 feet across. Mr. Camp said if the lot was platted and recorded prior to the adoption of our current zoning ordinance it would be grandfathered and he would have to build according to the recorded setbacks. Max Bacon said the only problem he had with the zoning was the accessibility to the property since Hunter Street is one-way and there is a lot of traffic now from the Nichols developments on the corner of Concord and Hunter and also thought the development would be an intrusion into the residential neighborhood. Mr. Proctor said if council would like to table the request he would be happy to meet with the City and resolve any problems concerning traffic and suggested the possibility of making Hunter a two-way street. After further discussion Max Bacon made a motion the rezoning be denied since the property is inaccessible to Concord Road and the development would be an intrusion into the residential neighborhood. James Williams seconded the motion which carried 6-0. Max Bacon said if at some point and time information could be gathered to make Hunter a two-way street, he may reconsider. Attorney Camp said if the zoning was brought up again it would have to be readvertised and posted. (B) Rezoning of 9.87 acres on Atlanta Road from R-20 to Office/Institutional. Attorney Gene Johnson represented applicants Paul Chastain and Johnny Roper and there were 5 in opposition. All were sworn in by Attorney Camp. John Patterson said this property was annexed into the City recently as R-20 and there are plans now for an office complex. To the north of this property is residential property along Atlanta Terrace, Trinity Baptist Church to the south and Smyrna Presbyterian Church across Atlanta Road. Gene Johnson said initially the owners of the property wanted it zoned commercial and the land use map indicates commercial use, but they were informed this would not be desirable to the residents in the area. They met with the nearby residents about an OD classification but this was also not acceptable to them and they indicated that 0&I would be acceptable. They met again with the neighbors concerning use of the property under the 0&I classification and had agreed to several stipulations. Mr. Johnson said the neighbors had now requested that no structures be built until the buildings on Atlanta Road were totaly developed and his clients requested that they be allowed to develop the property without that restriction. Raymond Reed spoke in opposition and said they were not opposed to a reasonable use of the property and had more or less reached a compromise, if the owners would develop the property as it was first presented it to them. They did request, however, that the developments facing Atlanta Road be completed first because this would ensure a quality development throughout. John Patterson stated that water and sewer service to the property is adequate and following a question from Chuck Camp, Mr. Johnson said they had also agreed to provide an acceleration/deceleration lane. Following lengthy discussion, Max Bacon made a motion the zoning be approved with the following restrictions: October 21, 1985 - Continued 1) That Sections 10-12.1, 10-12.2, 10-12.3, 10-12.4 and 10-12.5 of the planned office development section of the Code of Ordinances be adhered to; 2) That no warehouse developments be constructed on the property; 3) That section 710.17 of the Code be adhered to, disallowing parking lots or parking garages; 4) That an acceleration/deceleration lane be provided; 4) That no structure be erected until the completion of the office buildings fronting Atlanta Road;, 6) The following restrictions and covenants shall apply to the property known as the Chastain/Roper property, a plat of which is prepared by Paul Lee Consulting Engineering Associates, dated August 16, 1985 as follows: A) The water retention area of the property shall be located at or in close proximity to the middle of the rear property line subject to the approval of the City of Smyrna Engineering Department. B) A 75 foot natural buffer shall be located along the western property line of the subject property and shall not be reduced until and unless- the adjoining property ceases to be used as single family residential. C) Office structures fronting on Atlanta Road shall be of "Williamsburg" or traditional design and be equal to or better in quality to those structures located at the intersecion of Cherokee Street and Page Street located within the City of Marietta, Georgia. Bob Davis seconded the motion. Following discussion Max Bacon amended the motion to state that the development be equal to plans presented tonight of the development on Page and Cherokee Streets in Marietta. Bob Davis seconded the amendment and vote on the amendment and main motion carried 6-0. (C) Rezoning of 19.730 acres on Spring Road from Neighborhood Shopping to General Commercial. Richard Davis represented Hiram S. Cochran, applicant and there was no opposition. John Patterson said this is an undeveloped tract located on Spring Road across from Morrison's Cafeteria. To the west is Cumberland Bridge Apartments with undeveloped land to the east. Mr. Patterson said a letter had been received from Cumberland Bridge apartments expressing their strenuous objection to any change in zoning. The Planning and Zoning Board had recommended the zoning be approved. Max Bacon said that at one time Cumberland Bridge apartments applied for rezoning on this same tract for additional apartments, but they were turned down and this could be the reason for their objections. Mr. Davis said the present NS classification does not allow movie theatres which they would like to have as one of their anchor tenants. They have been in constant touch with the Department of Transportation concerning the new design of Spring Road when the ramp is constructed to I-285 and will continue to work with them. Also, there are three existing curb cuts on the property but they will only use two of them. The Neighborhood Shopping classification also does not allow shops larger than 40,000 square feet and they have received a commitment for a health spa as one of their tenants which would exceed square footage allowed. Mr. Davis said they would also be agreeable to providing an acceleration/deceleration lane and this would also be one of the requirements by DOT. After discussion, Bob Davis made a motion the zoning be approved with the stipulation that an acceleration/deceleration lane be provided if needed. Max Bacon seconded the motion which carried 6-0. (D) Variance to reduce required parking spaces and reduce yard and buffer requirement for development of 19.730 acres on Spring Road. There was no opposition in the audience but Mr. Patterson said the letter from Cumberland Bridge apartments also opposed the variance request. Richard Davis also represented the applicants and said he was a landscape architect and they were requesting a reduction from 1,238 required to 1,050 spaces to allow for more landscaped area and be more aesthetically pleasing. October 21, 1985 - Continued Bob Davis made a motion the reduction in parking spaces to 1,050 spaces be approved. Jack Shinall seconded the motion which carried 6-0. Bob Davis said we had received a letter from Colonial Pipeline approving the variance to reduce the side yard and buffer requirement and made a motion a variance of 40 feet be approved on the eastern side of the property, abutting Colonial Pipeline. Jack Shinall seconded the motion which carried 6-0. (E) Variance to allow rental of apartment at 2720 Stonecreek Road. Mrs. Frances Grant requested the variance to allow rental of a basement apartment at her home and there was one person in opposition. John Patterson said -Mrs. Grant came before council sometime ago and asked for a variance to rent the apartment and it was denied. Since then she has gone through the formal process of applying for a variance and provided all information necessary. The proprty is zoned R-15 which allows only one family per residence. Mrs. Grant said she was on a low income and had a retarded son who is not able to work and could not make ends meet without the additional income. Mr. S. J. Williamson of Stonecreek Road said he was opposed because he has lived there for quite some time and the neighborhood is 30 years old and is all single family homes. Mrs. Grant always has vehicles parked on the right of way and it is dangerous for the small children who walk to school. Mr. Williamson said the last time he was in Mrs. Grants home there were no restroom facilities in the basement and he also felt the variance signs were not properly posted. Mrs. Grant said she has had the basement remodeled and it has a full bathroom, carpeting, etc. She has also been using her yard for parking and said there are no vehicles parked on the street. She had rented the apartment for 7 months before she realized she would need a special permit. Mrs. Grant said she receives $488 per month Social Security, $117 from the Veterans Administration and her son gets $450 per month Social Security. Her home is not paid for because she had borrowed money on it to make repairs and her medical bills are quite high for her and her son since she is also a heart patient. Jack Shinall said he could sympathize with Mrs. Grant but this is a single family district and has to be restricted. We are constantly receiving complaints from all over the city about people renting their homes. Jack told Mrs. Grant he would be happy to work with her personally in any way he could and to help her son find work, but at this time would make a motion the variance be denied. Kathy Brooks seconded the motion which carried 6-0. (F) Variance to eliminate 10 foot buffer required between non-residential and residential property at Smyrna Post Office. Russell Lawrence represented the post office and there was no opposition. Mr. Patterson said the post office is constructing a new parking lot between Ward Street and the existing parking lot. Our ordinance requires a 10 foot buffer along the boundary which abuts Crestwood Apartments. Kathy Brooks asked Mr. Lawrence if they had thought about using a fence and Mr. Lawrence said he would have to get approval for that, but would work on it. Kathy said the post office is donating the dirt they are excavating to the City and when the parking lot is finished, customers and employees will exit onto Ward Street with the entrance on Cherokee Road. After further discussion Kathy Brooks made a motion the variance be approved with the stipulation that if problems are encountered in the future, a fence be erected along the property abutting Crestwood Apartments. Hugh Ragan seconded the motion which carried 5-0, with Max Bacon abstaining. (G) Variance to reduce minimum side yard requirements at 3664 Lake Drive. Marie Boatfield requested a variance of 8 feet for construction of a garage at her home. There was no opposition and the adjoining property owner had provided a letter stating he had no objections. Mrs. Boatfield said she was requesting the variance to allow the garage to be built where it would not block the view of the lake behind her property. There will be a storage area in the back as part of the building and the garage will be used strictly for parking and storage of her vehicles. Hugh Ragan made a motion the variance be approved as requested. Kathy Brooks seconded the motion which carried 5-0. At the time the vote was October 21. 1985 - Continued called Jim Hawkins was out of the room with Jack Shinall conducting the meeting. (H) Transfer of beer/wine package license for Golden Gallon #46, 2554 Atlanta( ' Road. Golden Gallon requested a transfer of their beer and wine package license to Miss Frances` J.'Cambron. This request was tabled from the last meeting because Miss Cambron was not present. Miss Cambron stated that Penny Coley currently holds the license but has left the company. The police investigations was favorable and there was no opposition and Kathy Brooks made a motion the transfer be approved. Jack Shinll seconded the motion which carried 6-0. (I) Application for retail pouring" litense for` liquor,. beer. and•:wine. Owen E. Dorsey "and Attorney Wayne Thorpe represented Days Inn of America in their request for a. 'retail pouring- license at= their new location at 2700 Curtis Drive. There was no opposition. Mr. Thorpe said that Days Inns have never engaged in alcoholic beverages sales at their restaurants but several months ago asked him to assist them in obtaining a license for their inns throughout Georgia. Many facilities have elected not to sell but they have found that in order to compete in, major' areas- it is helpful to have alcoholic beverages available to their customers. They will not have a lounge and their experience so far is that their business is primarily from their guests. Max Bacon asked if they were aware of the 60/40 food requirement and Mr. Thorpe said they were and could foresee no problem in meeting that requirement. They will have a hospitality area off the lobby with light food served and they felt it would meet code requirements. Bob Davis asked about parking and Mr. Thorpe said that at a later meeting they would be requesting a variance to reduce the required number of parking spaces. After further discussion Bob Davis made a motion the license be approved with the stipulation that the license will not be granted until the variance requested concerning parking is either approved or denied. Max Bacon seconded the motion which carried 5-0. James Williams abstained, stating he is an employee of Days Inn. Jim Hawkins called for a 5 minute recess. FORMAL BUSINESS: (A) Home Occupation license at 2851 Ivanhoe Lane. Mrs. Maryam Shahabadi requested a home occupation license for a tailor/alteration business in her home. There was no opposition and Mrs. Shahabadi had a letter from her neighbors within a 300 foot radius stating they had no objections. Mrs. Shahabadi said she had heart problems and could not work continuously outside the home. Orders for alterations and tailoring will be taken by telephone. Jack Shinall reminded Mrs. Shahabadi that this is not a permanent license and it will be reviewed each year. Mrs. Shahabadi said she would not have any traffic at her home and she would have an extra telephone number, with the only advertising done through the telephone book. Jack Shinall made a motion the license be approved. Max Bacon seconded the motion which carried 6-0. (B) Request to extend work hours at the Fountains and the Meadows of Post Village. Richard A. Denny requested an extension of time allowed for construction at their newest developments, Monday through Sunday for a period of one year. Mr. Denny was not present and Bob Davis made a motion approval be given to Post Properties to extend the work hours at these developments from 7:00 a.m. to 8:00 p.m., Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday with the Saturday work being limited to areas away from residential neighborhoods. Sunday work will not be allowed and this permit will be good for 6 months. James Williams seconded the motion which carried 6-0. (C) Happy Hour Ordinance. Jim Hawkins stated that Cobb County has passed an ordinance banning Happy Hours and Marietta recently adopted one and Max Bacon has been working on an ordinance which would be similar to theirs. Max Bacon said that several months ago we passed a resolution asking bars to eliminate their multiple drink sales and every establishment in town complied. This ordinance is similar to the county's and Marietta's and Attorney Camp read the proposed ordinance to add Sections 3-80 and 3-81 prohibiting promotions commonly referred to as "Happy Hour." Following discussion, Max Bacon made a motion the ordinance amendments be approved to become October 21. 1985 - Continued effective at 12:00 midnight, October 23, 1985. James Williams seconded the motion which carried 6-0. (D) Wallace Pate presented the 1984-85 audit for the City of Smyrna and stated this is the best financial condition the City has been in for several years. Mr. Pate said there are certain State and Federal requirements now in effect that we need to comply with and we should work on that. Jack Shinall made a motion the audit be accepted as presented. James Williams, seconded the motion which carried 6-0. AWARD OF BIDS: (A) John Patterson%stated that, bids. were received from 3 companies to resurface the parking lot at the Parks and Recreation office. The low bid was from Able Asphalt at $5,540. Jack Shinall made a motion the low bid be accepted, to be paid from State Grants. Max Bacon seconded the motion which carried 6-0. (B) Bids were received from two companies, on buying uniforms for Public Works and Parks and Recreation personnel. John Patterson said rental of uniforms is the same cost to the City and he felt it would be wise to purchase 'the uniforms and let the employees have them. The low bid was from T&T• Uniform, at• $134 per employee. Jack Shinall made a motion the low bid from T&T Uniforms be accepted. James Williams seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Tolar Construction Company requested a building permit for tenant finish at 5300 Highlands Parkway at a total estimated cost of $300,000. 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. (B) Brawner Hospital requested a building permit for a 20 x 30 addition at a total estimated cost of $18,000. Max Bacon 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. (C) Neal Loia Construction requested a building permit for tenant finish at 2401 Lake Park Drive at a total estimated cost of $7,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. (D) Burger King on South Cobb Drive requested a building permit for remodeling at a total estimated cost of $10,045. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the moiton which carried 6-0. CONSENT AGENDA: James Williams made a motion approval be given to purchase 100 underground garbage can units for new installation. Kathy Brooks seconded the motion which carried 6-0. COUNCIL INPUT: Jim Hawkins reminded everyone of the Halloween Carnival at Cobb Center Mall October 31st and the election November 5th. Jim Hawkins stated that James L. Davis, a 15 year employee of the City of Smyrna had died today at Smyrna Hospital following a long bout with cancer. Hanley Funeral Home in Marietta is in charge of arrangements. Jack Shinall thanked everyone for their support and concerns over the death of his mother two weeks ago. With no further business, meeting adjourned at 10:44 p.m. October 21, 1985 - Continued ARTHUR T. BACON, MAYOR BOB MAVIS, WARD 1 % 4 WIL�,ZI �1S, WARD 3 SHINALL, WARD 5 HUGH AAGAY, WARD 7 �k-e&� WI 0 SPIVEY, CITY LERK MAX BACON, WARD 22 JAMES M. HAWKINS, WARD 4 KATHY BROOKS, D 6 CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION HELD THIS TUESDAY, NOVEMBER 5, 1985 We, the duly appointed election Managers to conduct this Special election, declare the following results: "( ) YES Shall the Act changing the terms of office of the ( ) NO mayor and council of the City of Smyrna and providing for staggered four-year terms of office for the councilmen be approved?" WARD #1 YES 17 NO 28 WARD #2 YES 200 NO 103 WARD #3 YES 186 NOS: 84 WARD #4 YES 34 NO 27 WARD #5 YES 169 NO 119 WARD #6 YES 134 NO 106 WARD #7 YES 49 NO 44 We, therefore certify to the Mayor and Council of the City of Smyrna, the election results of the total number of votes cast:i- YES 789 NO 511 Chief Manager. Ward #1 Chief Manager, Ward #2 Chief Manager, Ward #3 Chief Manager, Ward #4 Chief Manager, Ward #5 Chief Manager, Ward #6 Chief Manager, Ward M ATTEST) SUPERINTENDENT OF ELECTION WILLOUISE C. SPIVEY, gtTY CLE � ATE) CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION 11,296 REGISTERED HELD THIS TUESDAY, NOVEMBER 5, 1985 1,542 VOTING We, the duly appointed election Managers to conduct this election, declare the following results: FOR MAYOR COUNCILMAN WARD #4 MAX BACON 1,292 JIM HAWKINS COUNCILMAN WARD #1 COUNCILMAN WARD #5 BOB L. DAVIS 40 PAT COLE JACK SHINALL COUNCILMAN WARD #2 BOB ARNOLD 101 COUNCILMAN WARD #6 JOEL HARRELL 250 VERA KATHLEEN -- (KATHY) BROOKS COUNCILMAN WARD #3 WM. CECIL BATSON THOMAS E. MC NEAL 105 COUNCILMAN WARD #7 JERRY MILLS 159 HUGH A. RAGAN JAMES WILLIAMS 77 64 89 269 171 96 95 We, therefore certify to the Mayor and Council of the City of Smyrna, the election of: MAYOR MAX BACON COUNCILMAN WARD #1 BOB L. DAVIS COUNCILMAN WARD #2 JOEL HARRELL COUNCILMAN WARD #3 (RUNOFF REQUIRED) COUNCILMAN WARD #4 JIM HAWKINS COUNCILMAN WARD #5 'JACK SH'INALUO (Fj 7,-1-!Y) BR0317-� COUNCILMAN WARD #6 VERA KATHLEEN (KATHY) BROOKS COUNCILMAN WARD #7 HUGH A. RAGAN They have received a majority of the votes cast. Chief Manager, Ward #1 Chief Manager, Ward #2 Chief Manager, Ward #3 Chief Manager, Ward #4 Chief Manager, Ward #5 Chief Manager, Ward #6 Chief Manager, Ward #7 L LfAT (�-lli��TEST) SUPERINTENDENT OF ELECTION WILLOVL5E C. SPIVEY,AITY SYERK I p (DATE) CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION GENERAL ELECTION RUNOFF HELD THIS TUESDAY, NOVEMBER 19, 1985 1,371 REGISTERED 365 VOTING We, the duly appointed election managers to conduct this election, declare the following results: COUNCILMAN WARD #3 THOMAS E. MC NEAL 136 JERRY MILLS 225 We therefore, certify to the Mayor and Council of the City of Smyrna, the election of: COUNCILMAN WARD #3 JERRY MILLS He has received a majority of the votes cast. ;e:e I I A - POLL MAN GER, WAIY 3 Any )--n `m SUPERINTENDENT OF ELEECCCTT�ION l TEST) WILLOUISE C. SPIVEY, CITY/ ERK p November 19, 1985 (DATE MAYOR'S OATH OF OFFICE I, Arthur Max Bacon , do solemnly swear that I will well and truly demean myself as Mayor of the City of Smyrna for the unexpired term of Arthur T. Bacon, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as MAYOR act as I believe for the best interest of the said City. So help me God. Arthur Max tacon, Mayor (Seal) Subscribed and sworn to before me this 8th day of November, 1985 udge, Cobb County to Court COUNCILMAN I, Joel Edward Harrell, III , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the unexpired term of Arthur Max Bacon, Ward #2, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. _So help me God. "d Harrell, III Subscribed d sworn to before me- this 18t1 day of November, 1985 ge, Cobb County 8�tAte Court