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01-19-1987 Regular MeetingJanuary 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. January 19, 1987 - continued PUBLIC HEARINGS: (A) Variance request for off -premise sign - Quicktrip Corporation, King Springs Road and South Cobb Drive. John Patterson said that Wayne Sanders, representing Quicktrip Corportion was requesting this variance for an off -premise sign. Section 6-98 of the ordinance stipulates that in commercial districts, one business sign is allowed per property frontage, and must be located in front of the building line. Quicktrip has been issued a sign permit for a free standing sign which will be located on the front portion of the property facing South Cobb Drive. At the present time, Kingstowne Apartments has a grandfathered billboard type sign located on the King Spring Road side of Quicktrip's property but will have to be moved due to the widening of King Springs Road and also because of the City's requirement for a decel lane. There was no opposition to the variance. Mr. Sanders said the existing sign for Kingstowne Apartments is a large bill- board type and the new sign will be much smaller and more attractive. Joel Harrell said a new company had recently purchased Kingstowne and they were making quite a few improvements to the property. Joel said he thought this new sign would also be an improvement and made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (B) Variance request - side yard setback at 1381 Quarles Avenue. John Patterson said that Matthew Yagadics had requested a reduction on the required side yard setback from 10 feet to 0 feet for a carport that has already been built. There was one person in opposition to the variance and all were sworn in by Mr. Camp. Mr. James Yagadics represented his parents and stated they were not aware that they were breaking any law when they had the carport built. There are several different homes adjacent to theirs that have similar structures and Mr. ` Yagadics presented pictures of his parents home and others on the same street with carports. Mr. Williams of 1370 Quarles Avenue said he was opposed because these lots are not large enough for a structure such as this. Mr. Williams said he told Mr. Yagadics in August of last year that there were code restrictions he would have to comply with before.a carport could be built and he felt they continued with the construction knowing they were in violation of city codes. Mr. Williams said he also had a carport but his had been there for 25 or 30 years, before our zoning requirements were in effect. Mr. Williams said the roof of Mr. Yagadics carport is sloped toward his house, causing the water to run off directly onto his property. Also, he thought one of the posts of the carport was actually on his property line. Mr. Williams requested that this variance be tabled until he could receive a plat of the survey he recently had done. After further discussion, Joel Harrell made a motion the variance be tabled to the next meeting until Mr. Williams could get his plat of survey and during the interim, he would meet with both neighbors to see if this problem could not be resolved. Bob Davis seconded the motion which carried 7-0. (C) Variance request - side and front yard setback at 2690 South Cobb Drive. John Patterson said that Bobby Myer was requesting this variance for his business, Smyrna Tire, for a 52 x 40 canopy that has already been constructed. Permits were not issued, and the canopy was placed 5 feet from the front property line and 1 foot from the north side line. Therefore, a variance of 9 feet is required on the side and 45 feet on the front. There was no v opposition. Mr. Myer said by installing the canopy, he was able to remove two 40 foot trailers and an old building, which had- improved the appearance of the property. The canopy will be used only to protect them from the elements when they_ are changing tires and he would not have any outside storage. Mr. Myer said the old tires they take off cars are picked up three times a week. Max Bacon said this was tabled from the last meeting and at that meeting it was learned that the person who built the canopy did not have a business license, but he has since purchased one. Hugh Ragan told Mr. Myer that if he had not purchased a building permit already, he would be required to do so. January 19, 1987 - continued After further discussion, Jack Shinall made a motion the variances be approved subject to a fine of $100 per violation, for a total fine of $200 and that a building permit also be purchased. Kathy Brooks seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Validation of signatures to annex property at 410 Lake Drive. Attorney Camp read an application for annexation of .68 acres in Land Lot 412 signed by Donald P. Lummuss as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract of land lying and being in Land Lot 412 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Being Lot I of the J. Y. Wootton Subdivision and beginning at the point on the north side of Lake Drive 450 feet west of South Cobb Drive and thence running northwesterly along the west line of Lots Nos. 1, 2, and 3 of said subdivision a distance of 350 feet to an iron stake and the property of C. J. Huggins; now owned by T. L. Dickerson, thence running southwesterly along the Dickerson property a distance of 146 feet to lot no. 2 of said subdivision; thence running along the line of lot no. 2 in a northeasterly direction a distance of 356.5 feet to the north side of Lake Drive; thence running along the north side of Lake Drive a distance of 100 feet to the point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative of 60% of the land area above described by acreage: s/DONALD P. LUMMUSS Jim Hawkins made a motion the petition be validated and the public hearing set for February 16, 1987. Jerry Mills seconded the motion which carried 7-0. (B) Appointment to Planning and Zoning Board. Bob Davis made a motion that Marion Wilhelm be reappointed to the Planning and Zoning Board representing Ward 1. Jim Hawkins seconded the motion which carried 7-0. (C) Change in zoning stipulations at 1326 and 1322 Concord Road. John Patterson said the widening of Atlanta Road would have an impact upon the intersections of Concord/Spring and Atlanta Road to the point that Concord Road would be widened up to Lee Street in order to provide an additional turn lane. These businesses at 1326 and 1322 Concord Road are on either side of the intersection of Lee Street and Concord. When both of these properties were zoned by the City several years ago, there was a stipulation that no curb cuts be allowed on Lee Street. The Department of Transportation is now requesting that the City allow curb cuts on Lee Streets to allow a single motion traffic through these properties, with an entrance only from Concord and an exit only onto Lee Street. Jim Hawkins said this was a stipulation that council placed on these two businesses when their property was zoned in an attempt to protect Lee Street from the commercial traffic. The State is now requesting that they be allowed to use Lee Street and will not install the additional turn lane unless this stipulation is dropped. Jim Hawkins made a motion that exits at 1326 and 1322 Concord Road be allowed onto Lee Street, with a right turn only. Joel Harrell seconded the motion. After discussion• the motion was amended to allow exit cuts on Lee Street at 1326 and 1322 Concord Road with a configuration that would not allow southbound traffic on Lee Street and subject to approval of the City Engineer. Joel Harrell seconded the amendment. Chuck Camp said he thought the State would make the cuts for these people as part of their construction. Vote on the amendment and main motion carried 7-0. January 19, 1987 - continued (D) Ordinance amendment - Home Occupation Licenses. John Patterson said that some time ago a moratorium was placed on the issuance of Home Occupation Licenses and council has studied the ordinance to try and find ways to control these licenses so that they will not have an adverse impact upon the neighborhoods. Jack Shinall said that in reviewing the ordinance, the Community Development Committee had found that they had one of the most stringent ordinances in the area. Also, they found that throughout the City there are only 20 of these licenses currently issued. One thing the committee has recommended to administration is that we strictly follow the ordinance as far as who can apply for a home occupation license. In the past, some license applications have been accepted which should have never reached council. Many of the problems we have encountered is not with people that have a home occupation license; the majority of the problem is with people operating businesses out of their homes illegally. Jack Shinall made a motion that Section 505.14 of the ordinance be deleted in its entirety and replaced with the following: (505.14) Home occupation licenses shall be granted on a calendar year basis for one year only, subject to renewal by mayor and council at the first meeting in February of each calendar year, after review by the license committee. The license committee of mayor and council shall recommend to the full council such renewals as may be made without further application, such licenses as to which further information or reapplication should be required and such licenses which shall not be renewed. All new applications for home occupation licenses shall be considered only after payment to the City of an administrative investigation fee of $250.00. Kathy Brooks seconded the motion which carried 7-0. Jack Shinall made a motion the ordinance be amended by adding a new section to be numbered 505.17 to read as follows: (505.17) Upon conviction of any violation of any section or sub -section of Section 505 et seq. Home Occupation, the fine shall be a minimum of $500.00. Joel Harrell seconded the motion which carried 7-0. BID AWARDS: (A) Heating and air conditioning maintenance contract. John Patterson said that recently, proposals were received from 3 companies for preventive maintenance on the 9 heating and air conditioning systems in our city_ buildings. Based upon the recommendation of John Patterson, Hugh Ragan made a motion the low bid of $1,600/year be awarded to J. R. Nichols Company. Joel Harrell seconded the motion which carried 7-0. (B) Five vehicles. John Patterson said that recently sealed bids were requested from 9 metro area dealers for a total of 7 trucks. Two of the vehicles, dump trucks, only had two bidders, of which the low bid was withdrawn and the other did not meet specifications. Based upon the recommendation of John Patterson, Joel Harrell made a motion the low bid from Days Chevrolet be awarded for 5 of the trucks and that the bid for the 2 dump trucks be rejected and re -bid. Kathy Brooks seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Jerry Mills said that Miller Communications had requested a building permit for new construction at 1359 Spring Street where their existing office would be removed after construction. Jerry said he talked to Mr. Miller about the construction and asked him to modify the plans for the metal building to make the front more attractive from Atlanta Road, but he had not heard back from him. Jerry Mills made a motion the building permit be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. CONSENT AGENDA: (A) NLC Conference of Cities - expenses from contingency. (B) Communication center organization restructure. January 19, 1987 - continued Jim Hawkins made a motion the consent agenda be approved. Kathy Brooks seconded the motion which carried 7-0. COUNCIL INPUT: Jim Hawkins said the E911 is being put in place and should be operational March lst and effective March 1st the communications center of the City will be under direction of the Emergency Management Director. Jim said he thought this would be a step forward for our city and the personnel in this department will be well trained to do a professional job. Jim Hawkins said there is quite a problem in his neighborhood with cars being parked on the street for indefinite periods of time. Jim asked for cooperation in putting a stop to this problem and hoped it could be cleared up without council having to take any formal action. Mayor Bacon reminded everyone of the CMA quarterly meeting tomorrow night at Kennesaw City Hall. Mayor Bacon also expressed his appreciation to Senator Jim Tolleson for his assistance with the LARP paving program. There was some misunderstanding this year as to whether or not the cities or state would handle the contracts. Senator Tolleson also provided assistance in funding for re -striping of Spring and Concord Roads. With no further business, meeting adjourned at 9:10 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, C CLERK /' "- �-/- e / t �-ZL i BOB DAVIS, WARD 1 ERRY LLS, WARD 3 / JAC HHINALL, WAn 5 L/-= //, ZfA-4 - HUGH WAN, WARD 7 EL HARRELL, WARD 2 M. HAWKINS, WARD 4 4THYBR KS, WARD 6 1