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01-05-1987 Regular MeetingJanuary 5, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on January 5, 1987 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 Jack Shinall who was ill. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Pastor Don Pope of Smyrna Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were given by Parks and Recreation, Library and Public Works Departments. PUBLIC HEARINGS: (A) Annexation of 2.5 acres at 725 Cooper Lake Road. There was no opposition and Hugh Ragan made a motion the 2.5 acres at 725 Cooper Lake Road be annexed into the City to become a part of Ward 7, the legal description having been read and made a part of the minutes of the meeting of December 15, 1986. Jim Hawkins seconded the motion which carried 6- 0. (B) Rezoning request at 1502 Whitfield Street from R-15 to RTD. John Patterson said that Bill Davis of Northwest Corridor Properties is requesting the rezoning of this 2.035 acre tract from R-15 to RTD for construction of 14 townhouses. The property generally in the area is multi- family in use, while contiguous property is single-family. There are a number of improvements that the developer has decided to put in and the Planning and Zoning Board has recommended the rezoning be approved conditional upon several stipulations. There was no opposition from the audience. Sherman Whitaker represented Mr. Davis who had been called out of town. Jerry Mills said this rezoning was previously tabled because there was some concern about whether or not the homes would be rented or sold. In talking further with Mr. Davis he has indicated the units will be occupied through lease/purchase agreements which will give many people the opportunity to purchase a home without a lump -sum down payment. Jerry said this development would improve the neighborhood and should increase surrounding property values. Jerry Mills made a motion the property be rezoned as requested subject to the recommendations of the Planning and Zoning Board and Zoning Department as follows: 1) Widen North Avenue to 24 feet back of curb to back of curb. 2-) Curb both sides of North Avenue. 3) Install a cul-de-sac at the end of North Avenue, utilizing the alley as much as possible. 4) Install 2 street lights on North Avenue. 5) Save as many trees as possible. Jim Hawkins seconded the motion. Hugh Ragan stated that since this property is surrounded by single-family residential, he could not support the motion. Vote on the motion to approve the zoning carried 5-1, with Hugh Ragan opposed. (C) Rezoning request at 1540 Whitfield Street from R-15 to RD. John Patterson the existing home at 1540 Whitfield Street has been used for many years as a duplex. The property is up for sale and there is a requirement that the home be rezoned to RD to accommodate the uses there now. Ms. Jean Mincey is the owner. The Planning and Zoning Board recommended the zoning be approved with the stipulation that improved parking be provided. There was no opposition from the audience. Ms. Mincey said the house is built in such a way that it can be easily converted into a duplex and the purchaser of the property has made the rezoning a stipulation of the sale. Improvements will be made to the property to improve the appearance. V January 5, 1987 - continued Jerry Mills said that after inspecting the property he felt this would be an improvement to the neighborhood, which is transitional. Jerry Mills made a motion the rezoning be approved subject to the Planning and Zoning Board and Zoning Department recommendations and particularly the letter from Scott Stokes marked Exhibit "A" and attached to the application. Jim Hawkins seconded the motion which carried 6-0. (D) Variance request at 1540 Whitfield Street to reduce front setback and minimum floor area. John Patterson said two variances are now required on the property just zoned; one to reduce the required 40 foot front setback to 25 feet and the reduction of the minimum floor area from 850 to 700 square feet. There was no opposition. Jerry Mills said he realized the variances would be required along with the zoning application, and saw no problem in granting them. Jerry made a motion the variances be approved to reduce the front setback from 40 feet to 25 feet and also reduce minimum floor area from 850 to 700 square feet on the existing structure subject to recommendations of the Zoning Department and Planning and Zoning Board and particularly the letter from Scott Stokes marked Exhibit "A" which reads as follows: "To convert the above listed structure from single family to a two family structure a few items will have to be constructed to meet the City of Smyrna standards. First, a one hour separation between tenants will be required from the floor to the bottom of the roof deck. This requires one layer of type X 5/8" sheet rock each side of party will continuous from floor to roof deck. Second, each occupant shall have its own electrical service with ready access to all overcurrent devices protecting his own branch circuits. Third, two parking spaces per dwelling will be needed and all four shall be graded and paved to accommodate four cars. Fourth, any other items that may be needed to comply with the above minimum standards." Joel Harrell seconded the motion which carried 6-0. (E) Variance request at 2690 South Cobb Drive to reduce side and front setback. John Patterson said that Mr. Bobby Myer has requested two variances for a canopy that has already been constructed on his property at 2690 South Cobb Drive. A variance is required to reduce the side setback from the 10 feet required to one foot and also reduce the front setback from the required 50 feet to 5 feet. There were no building permits issued prior to construction. There was no opposition to the variances. Mr. Harold Farmer represented Mr. Myers. Mayor Bacon asked how the canopy had been constructed without a building permit. Mr. Farmer said the canopy was built in an effort to clean up and remove three 40-foot trailers and an old wooden building. An old canopy was removed which extended the same distance and the contractor advised Mr. Myers that a building permit would not be necessary. Since he was not personally aware of the code requirements, they proceeded with the construction. Mr. Myers said they used the canopy to work on cars and protect them from the weather; it will not be used for storage. The violation was called to their attention by Mike Hutchinson and they subsequently contacted the affected adjacent property owners and have obtained their approval of the variances. After further discussion, Kathy Brooks made a motion this be tabled to the next meeting since Jack Shinall was unable to'attend and this is in his ward. Hugh Ragan seconded the motion which carried 6-0. (F) Liquor, beer and wine package license request - Oasis Liquor Store, 3181 South Cobb Drive. John Patterson said that Sai Hyun Lee had applied for a liquor, beer and wine package license for Oasis Liquor Store on South Cobb Drive. This will be a transfer of ownership and this location has held a license since 1972. The application has been reviewed and the police investigation of the applicant was favorable. There was no opposition from the audience. Jim Hawkins said since this is a transfer of the license, the survey verifying distance requirements is not necessary and they are also grandfathered under January 5, 1987 - continued parking requirements. Jim Hawkins advised Ms. Lee that the City has started, at the Mayor's request, a new 'policy which is that the Alcoholic Beverage Committee will screen all applications prior to the public hearing but realized they had not been notified of the new requirement. Jim Hawkins made a motion the transfer of license be approved, subject to verification of the information submitted on the application by the committee. Jerry Mills seconded the motion which carried 6-0. Jim Hawkins asked Ms. Lee to call John Patterson the following morning to establish a time and date for the meeting with the committee. (G) Beer and wine pouring license request - Oyster King, Inc., 2365 South Cobb Drive. John Patterson said that Mr. Charles Patrick Lanzo had submitted an application for a license to allow him to serve beer and wine at his new restaurant, formerly Little Miss Carol's Restaurant. The police investigation was favorable and there was no opposition. Mr. Lanzo said this would be a seafood restaurant and he had just sold a business in Kennesaw in February. His parents have been in the restaurant business since 1948 and have had 10 to 15 other restaurants during that time. Kathy Brooks questioned the number of parking spaces indicated in his application and Mr. Lanzo said the owners had told him there were 67 spaces available. Mr. Lanzo said he had read and understood the ordinances of the City. Kathy Brooks made a motion the application be approved subject to the Committee's review and verification of information submitted on the application. Jim Hawkins seconded the motion which carried 6-0. Mr. Lanzo was also asked to contact John Patterson about the time and date of the meeting with the committee. FORMAL BUSINESS: (A) Appointment of City Clerk. Upon the recommendation of Mayor Bacon, Jim Hawkins made a motion that Melinda Dameron be appointed City Clerk to replace Willouise Spivey. Jerry Mills seconded the motion which carried 6-0 and the oath of office was given by Attorney Camp. (B) Fringe Benefits Resolution. Hugh Ragan said that as a result of changes in IRS tax laws, it is necessary for the City to adopt a resolution concerning vehicle use and read the proposed resolution as follows: BE IT RESOLVED by the Mayor and Council of the City of Smyrna that the City of Smyrna (city) does not maintain any vehicles, of any type, for the private use of any city elected official or employee. All city vehicles are designated for official use only and will be restricted to usage in the best interest of the City. Certain city personnel are required to utilize city vehicles for commuting purposes and representation of the City at certain official functions. Use of these vehicles is only for the purpose stated and other non -official use is deemed personal and will be reported as taxable fringe income, accordingly. The transport of non -city personnel in these vehicles is prohibited unless there is an official established purpose for transporting them (i.e., spouse accompanying or city guests). As a general rule, personnel required to commute will insure the availability of vehicles for general official use during city operating hours. During vacation periods or other absences from Ahe City (other than approved official travel), personnel required to commute will insure vehicles are at the City location, available for use. Personnel required to commute in city vehicles are subject to taxes and social security withholding from their pay as the use of these vehicles has been determined to be a taxable fringe benefit. Personnel required to commute in non -personal use vehicles (i.e., service trucks, police cars or clearly -marked fire vehicles), because they are on -call or expected to return to the City during non -operating hours, are exempt from the taxable fringe benefit rules. However, they are still subject to the rule pertaining to transport of non -city personnel. January 5, 1987 - continued Hugh Ragan made a motion the resolution be adopted as read. Kathy Brooks seconded the motion which carried 6-0. RTn AWARnq (A) Brinkley building construction. John Patterson said that $30,000 had been budgeted for construction of a new restroom/concession building at Brinkley Park. Charles Cook, president of the Smyrna Little League has offered to assist in the construction of the building and has secured many donated items including labor and materials. Kathy Brooks made a motion council approve the construction of the building with Charles Cook as a volunteer general contractor and that city staff be allowed to buy material as needed for construction of the building within the scope of funds budgeted. Jim Hawkins seconded the motion which carried 6-0. (B) Concrete mix. John Patterson said that bids were recently requested for ready -mixed concrete to obtain the lowest price per cubic yard. The low bid received was from Williams Brothers at $39.00 per cubic yard. Joel Harrell made a motion the low bid be awarded to Williams Brothers. Bob Davis seconded the motion which carried 6-0. (C) Stone Products and Sand. John Patterson said that bids were recently secured for stone products and sand. Invitations were mailed to three companies, with two responding. Upon the recommendation of John Patterson, Joel Harrell made a motion the low bid be awarded to Allatoona Construction. Bob Davis seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) MacLean-Riggins requested a building permit for a warehouse addition at 2381 Ventura Road at a total estimated cost of $80,000. Kathy Brooks made a motion the permit be approved. Hugh Ragan seconded the motion which carried 6- 0. CONSENT AGENDA: (A) December minutes (B) Agreement with CSX Transportation Company Hugh Ragan made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: Mayor Bacon wished everyone a happy and prosperous new year and with no further business, meeting adjourned at 8:30 p.m. 4;>r>r4rsc:r4r:r>;srir•:rirs::r4rscsc4r•� January 19, 1987 The regular scheduled meeting of Mayor and Council was held January 19, 1987 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 Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, and representatives of the press. Invocation was given by Reverend Harris Fennell, pastor of the Smyrna Assembly of God, followed by the pledge to the flag. CITIZENS INPUT• Nothing to report. Hugh Ragan read a proclamation in honor of the Smyrna Lions Club 40th anniversary and presented it to Joe Lee Thompson, Paul Clayton, the oldest member of the club and several other members. Jack Shinall read a proclamation for "Hugs Not Drugs" month in February and presented it to Scott Anderson from Brawners Psychiatric Institute. DEPARTMENT REPORTS: Reports were given from Fire, Emergency Management, Finance and Community Development departments.