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03-09-1987 Regular MeetingJ�p March 9, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 9, 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 Joel Harrell. Also present was City Attorney Charles E. Camp, City Administrator John Patterson and representatives of the press. Invocation was given by Reverend York Chambliss, Trinity Baptist Church, followed by the pledge to the flag. CITIZENS INPUT• Nothing to report. DEPARTMENT REPORTS: Reports were given by Public Works, Clean City Commission, Parks and Recreation and Library. PUBLIC HEARINGS• (A) Rezoning request at 981 Concord Road. John Patterson said that Bob Davies was representing Michael A. Perry in the rezoning of this lot from FC to LC for an office in the existing single family residence. There was no opposition. There were no plans submitted with the application and Jim Hawkins made a motion this item be tabled until a definite plan was submitted. Jerry Mills seconded the motion which carried 6-0. (B) Variance request at 981 Concord Road. Jim Hawkins made a motion the variance at 981 Concord Road also be tabled. Bob Davis seconded the motion which carried 6-0. (C) Variance request at 2721 Ivanhoe Lane - front yard setback. John Patterson said that Gordon Gaddis had requested the variance to extend the living space in his home by adding an addition to the house and needs the variance to reduce the front yard setback from the existing 36 feet to 25 feet. There was no opposition. Mr. Gaddis said they were increasing the size of the front bedroom and adding a bathroom on the north side of the house which will extend 10' 8" beyond the existing front wall. A letter was submitted from the adjacent property owner stating he had no objections to tbe addition. With little discussion Jack Shinall made a motion the variance be approved. Kathy Brooks seconded the motion which carried 6-0. (D) Variance request - 3191 Lusk Drive - reduction in parking requirements. John Patterson said that on November 3, 1986, council approved a variance to reduce the parking ratio from 5.5 spaces to 5.0 spaces per 1,000 square feet for the new shopping center where McArthur's Concrete is currently located. Since that time the developer has secured a good anchor tenant, but they will require a further reduction in parking to 4.5 spaces per 1,000 square feet. The Urban Land Institute s recommendation for shopping centers with between 25,000 and 400,000 square feet of floor space is 4.0 spaces per 1,000 square feet. There was no opposition. Mr. Michael Savage represented the developers and said if approved, they would eliminate the parking spaces on the back side of the parking lot consisting of about 100 spaces. These spaces are really not needed, but were originally included in the plans to meet city requirements. The additional space will provide easier access for the fire department and be more aesthetically pleasing. Jim Hawkins made a motion the variance be approved from 4.5 to 4.0 spaces per 1,000 square feet of floor space. Jack Shinall seconded the motion. Hugh Ragan said he had some concerns about this development because this is probably the busiest intersection in Smyrna and could not support the motion. Vote on the motion carried 5-1 with Hugh Ragan opposed. Mr. Savage thanked council and city staff for the cooperation he has received with this development. Jack Shinall also asked John Patterson to follow through with a parking requirements study for his committee. March 9. 1987 - continued (E) Zoning request at 1261 Hunter Street., John Patterson said that Jim Nichols was requesting that the 4 lots found at 1261 Hunter Street be rezoned from R-15 to Limited Commercial to allow additional buildings for office space. The Planning and Zoning Board recommended the zoning be approved. There was one person in opposition who was sworn in with Mr. Nichols. Jim Nichols said he was buying these four residential lots from Ward Proctor and he would like to condense them to two lots for development of an office building exactly like those facing Concord Road. Access is available from Concord Road and Mr. Nichols said he would like to have a Concord Road address if the zoning was approved. One of the proposed buildings will face Hunter Street and the other will face Concord Road. There will be one curb cut on Hunter Street for an entrance only. Mr. Nichols said he had also agreed, at the request of one of the neighbors, to move the paved parking area to 50 feet off the residential line. The entrance from Hunter Street will also provide parking for the ball park during summer months and eliminate parking on the street. Mrs. Bradley said she was told that there would be no parking within 50 feet of her property and would oppose the zoning under any other circumstances. Jim Hawkins said it was his understanding that Mr. Nichols had agreed to place the paved parking 40 feet off the alley between their property and she was also entitled to a 10 foot buffer. Mr. Nichols said that Mrs. Bradley had indicated a preference for a fence in the buffer area rather than shrubbery and he was also willing to do that. After further discussion Jim Hawkins made a motion the zoning be approved from R-15 to Limited Commercial with the following stipulations: 1) No paved parking be allowed within 50 feet of Lots 37 and 38 lying in Land Lot 523 of the 17th District of Smyrna, being owned by the Bradleys 2) Both the entrance and exit to Hunter Street be designed in accordance with the City Engineer. Jerry Mills seconded the motion which carried 6-0. (F) Rezoning request - property at Mann Street and Church Road from R-15 to RD-4. John Patterson said that Clarence Ellard was requesting that this parcel on Church Street be rezoned for quadraplexes. Property surrounding it to the south, east and north is R-15 and to the west is Riviera Apartment Condominiums. Mr. Ellard is proposing a duplex with each unit containing about 1400 square feet. The Planning and Zoning Board recommended approval with stipulations. There were several in opposition and representatives from both sides were sworn in by Mr. Camp. Jack Shinall asked Mr. Ellard if he was aware that this property had been brought before council for rezoning previously. Mr. Ellard said he had seen the site plan for that development which would contian 6 or 8 units, but his plans were very different. His plans are to construct one duplex at this time which would contain 1400 square feet with a basement. When they originally applied for RD-4 it was through a misunderstanding of our zoning pamphlet but their real estate contract would not allow them to change the requested zoning when they realized the mistake. Although this zoning would allow 4 units per building, they were planning to build only one duplex. Mr. Ellard said there was a possibility that at some time in the future, they may add an additional two units. Mr. Ellard said he did not have a topo on the property but had been there on several occasions during the rain and could not see any problems they could not handle. Jack Shinall said there have been serious problems with drainage on the back side of this lot. There was some discussion about the traffic on Church Road and Mr. Ellard said he would work with the City Engineer and do whatever was feasible to place the driveway in a safe location and provide adequate water retention. Mr. Tedford of 1065 Church Street spoke in opposition due to poor water pressure, inadequate sewerage and dangerous traffic conditions. Mr. Tedford said there have been numerous accidents in front of his house, which is adjacent to the property being considered for rezoning tonight. Jack Shinall told Mr. Ellard the zoning he was requesting was not, in his opinion, compatible to the property. There have been numerous accidents at March 9, 1987 - continued this location, as well as above and below which was the reason for installation of the wig -wag light on Church Street at Flagler. We have had problems with construction on Church Street and on Mann, where the grade or topography of a particular piece of property will cause a very definitive water runoff on the property that backs up to Stephens Street. Based on the safety factors, storm water retention difficulty, non -compatibility to the surrounding property, Jack Shinall made a motion the zoning be denied. Jim Hawkins seconded the motion which carried 6-0. (G) Beer and wine pouring license request - Pizza Hut, 3815 South Cobb Drive. John Patterson said that Walter T. Roper, Jr. had submitted an application as the appointed agent for.the new Pizza Hut at King Springs Plaza. There was no opposition. Jack Shinall stated the police investigation and administrative report was favorable. Mr. Roper said he understood that he was responsible for the license and had read and understood the city ordinance relating to alcoholic beverages. Jack Shinall made a motion the license be approved. Bob Davis seconded the motion which carried 6-0. (H) Liquor, beer and wine pouring license request (management change) - Smyrna Oakdale Moose Lodge #1917, 3780 South Cobb Drive. John Patterson said the Smyrna Oakdale Moose has held a license since 1984 and the previous license holder is now deceased. Mr. Vincent Abercrombie has submitted an application as appointed agent for the lodge and will be manager. There was no opposition. Hugh Ragan said the police investigation and administrative report was favorable. Mr. Abercrombie said he had read and understood the alcoholic beverage ordinance. With little discussion, Hugh Ragan made a motion the license be approved. Jerry Mills seconded the motion which carried 6-0. (I) Beer and wine pouring license request (management change) - Sizzler Steak & Seafood Restaurant, 2731 South Cobb Drive. The applicant was not present and Jack Shinall made a motion the license be tabled to the next meeting. Bob Davis seconded the motion which carried 6-1. (J) Beer and wine package license request (management change) - Cartwheels, Inc., Cobb Center Mall. John Patterson said that Valerie Lynne Shoenberger had submitted an application as the appointed agent for Cartwheel's, Inc. Ms. Shoenberger is the bookkeeper for the company and will be responsible for subject license. There was no opposition from the audience. Ms. Shoenberger said she had read and understood -the ordinance and knew she would be responsible. Kathy Brooks said the police investigation and administrative report was favorable and made a motion the license be approved. Jerry Mills seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Validation of signatures to annex property on Camp Highland Road. John Patterson said that Odell Stamey, Doris Stamey, James Kenneth Chadwick, Patricia Chadwick, Mr. & Mrs. W. H. Ferguson and Albert M. Ashkouti have requested the annexation of approximately 18 acres on Camp Highland Road. Attorney Camp read the application 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 or parcel of land lying and being in Land Lots 620, 621 and 677 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows and being known as 4500, 4596 and 4570 Camp Highland Road: March 9, 1987 - continued BEGINNING at an iron pin placed on the northwesterly corner of South Cobb Drive (SR280) (being a 200 foot right of way) and Camp Highland Road (being a 60 foot right of way) and running northwesterly along said right of way of South Cobb Drive north 44 degrees 18 minutes 14 seconds west a distance of 560.25 feet; thence north 86 degrees 15 minutes 00 seconds west a distance of 164.11 feet; thence south 00 degrees 50 minutes 00 seconds west a distance of 193.63 feet to an iron pin found on the north line of Land Lot 620; thence north 86 degrees 34 minutes 45 seconds west a distance of 165.21 feet to an iron pin found; thence south 69 degrees 15 minutes 50 seconds west a distance of 807.30 feet to a point; thence south 46 degrees 02 minutes 47 seconds east a distance of 365.00 feet to an iron pin found; thence south 35 degrees 21 minutes 30 seconds west a distance of 127.47 feet to an iron pin set on the northerly right of way line of Gaylor Street (being a 40 foot right of way); thence continuing along said right of way line south 59 degrees 12 minutes 59 seconds east a distance of 87.95 feet; thence south 52 degrees 23 minutes 47 seconds east a distance of 178.48 feet; thence south 43 degrees 33 minutes 31 seconds east a distance of 60.45 feet to a point on the northerly right of way line of Camp Highland Road; thence continuing along said right of way line north 58 degrees 51 minutes 37 seconds east a distance of 211.18 feet; north 59 degrees 46 minutes 27 seconds east a distance of 80.63 feet; north 60 degrees 41 minutes 17 seconds east a distance of 137.63 feet; north 60 degrees 18 minutes 41 seconds east a distance of 79.74 feet; north 59 degrees 56 minutes 04 seconds east a distance of 146.52 feet; north 58 degrees 34 minutes 27 seconds east a distance of 118.81 feet; north 59 degrees 30 minutes 30 seconds east a distance of 418.62 feet to an iron pin placed at the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows and being known as 4571 Camp Highland Road; BEGINNING at a point on the southerly right of way of Camp Highland Road, 655 feet from the southwesterly corner of the intersection of South Cobb Drive and Camp Highland Road; continuing thence along the southerly right of way of Camp Highland Road a distance of 164.4 feet to a point; thence southeasterly a distance of 220.0 feet; thence northeasterly a distance of 114.2 feet to a point; thence northwesterly a distance of 220.0 feet to a point on the southerly right of way of Camp Highland Road and point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows and being known as 4541 Camp Highland Road: BEGINNING at a point onthe southerly right of way of Camp Highland Road 480 feet from the southwesterly corner of the intersection of South Cobb Drive and Camp Highland Road; continuing thence along the southerly right of way of Camp Highland Road south 56 degrees 25 minutes west a distance of 125.0 feet to an iron pin; thence south 22 degrees 32 minutes east a distance of 343.0 feet; thence north 55 degrees 00 minutes east a distance of 134.8 feet; thence northwesterly a distance of 175.0 feet to a point; thence south•55 degrees 00 minutes west a distance of 50.0 feet to a point; thence north 14 degrees 32 minutes west a distance of 177.0 feet to an iron pin found on the southerly right of way of Camp Highland Road and point of beginning. Also, all that tract or parcel of land lying and being in Land Lots 620 and 677 of the 17th District, 2nd Section,Cobb County, Georgia, known as Camp Highland Road, being more particularly described as follows: BEGINNING at the centerline of Camp Highland Road at South Cobb Drive (SR280); said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Camp Highland Road a distance of approximately 1,233 feet to the southwesterly intersection of Camp Highland Road and Gaylor Street. 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 60% of the electors resident in the area described below: s/ODELL STAMEY, DORIS STAMEY, JAMES KENNETH CHADWICK, PATRICIA CHADWICK, W. H. FERGUSON, MRS. W. H. FERGUSON. 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: March 9, 1987 - continued S/ALBERT M. ASHKOUTI, ODELL STAMEY, JAMES KENNETH CHADWICK, PATRICIA CHADWICK, W. H. FERGUSON Hugh Ragan made a motion the signatures be validated and the public hearing date set for April 6, 1987. Kathy Brooks seconded the motion which carried 6- 0. (B) Appointment to Clean City Commission. Bob Davis made a motion that Frank Vogel of 2683 Carolyn Drive be appointed to - the Clean City Commission representing Ward 1, to replace Pete Paulsen. Jack Shinall seconded the motion which carried 6-0. BID AWARDS: (A) 20-year feasibility study for Library. John Patterson said a contracat was awarded October 6, 1986 for this study but it did not work out and asked council tonight to approve the second low bid by Margaret Brown of Dalton, Georgia. These funds were secured through a state grant. Hugh Ragan made a motion the contract be awarded to Margaret Brown at a cost of $6,500 which will include 35 work days plus travel expenses. Kathy Brooks seconded the motion which carried 6-0. (B) Paving of Municipal Court parking lot. Jim Hawkins made a motion the paving contract for the court parking lot be awarded to the low bidder, JTR Enterprises at $6,580. Jack Shinall seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Wiring Professionals requested a building permit for an office/warehouse at 2321 Benson Pool Road at a total estimated cost of $90,000. Kathy Brooks made a motion the permit be approved subject to the Certificate of Occupancy not being issued until all requirements are met. Hugh Ragan seconded the motion which carried 6-0. CONSENT AGENDA: (A) 3-way stop signs at Bank and Fraser Streets (90 day trial period) (B) Approval of $21,359 for renovation to outside of annex building (C) February 1987 and November 1986 minutes Hugh Ragan made a motion the consent agenda be approved, seconded by Jim Hawkins. Chuck Camp said the minutes of the November 1986 meeting during the recorder's court appeal by Lynn Rolfe contained too many remarks that were marked unintelligible and suggested they not be approved until some of these answers could be more clearly distinguished. Jack Shinall made a motion the November 1986 minutes be removed from the consent agenda. Bob Davis seconded the motion which carried 6-0. Vote on the main motion to approve the consent agenda carried 6-0. COUNCIL INPUT: Bob Davis reminded everyone that the E911 was now operational. In response to a question by Jerry Mills, John Patterson said the drainage study should be completed and presented to council by the end of this month. The engineer conducting the study has also offered to assist the City in construction of improvements by providing profiles on the creek near Flagler Circle and also provide for on -site inspection during construction. Jack Shinall said the City is currently involved in surveying and right of way acquisition for Phase III of the sewer rehabilitation in the Flagler Circle, Hughes Street area. Hugh Ragan thanked Rita Littlejohn for filling in tonight in the absence of the City Clerk. Max Bacon said he had recently talked with some of the people in Ward 7 about the "trenching" of their yards and had asked Chuck Camp to come up with an March 9, 1987 - continued ordinance to specifically address this issue. Mr. Camp said the presently penalties were pretty stiff if enforced, and he was also working on drafting an ordinance to address this subject particularly, which would make the young people aware of the actual damage they are doing and to be sure they make restitution. With no further business, meeting adjourned at 9:24 p.m. March 16, 1987 The regular scheduled meeting of Mayor and Council was held March 16, 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 Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Al Turnell, pastor of Smyrna First Methodist Church, followed by the pledge to the flag. Kathy Brooks read a resolution urging the Federal Government to not consider the request by Cobb County to sell their portion of the Dobbins surplus property which was conveyed to the City and County in 1976. Kathy Brooks made a motion the resolution be approved with a copy to be mailed to Congressman Buddy Darden, and Senators Nunn and Fowler. Jerry Mills seconded the motion which carried 7-0. Mayor Bacon said if the county has no intention of using their portion of the property the City would like to have it deeded to them for construction of a new civic center. Mayor Bacon presented an engraved plaque to Don Wix and other board members of the Smyrna Athletic Association in appreciation of their involvement with our young people. The City's program is an excellent one and there were 361 young adults who participated this season. DEPARTMENT REPORTS: Reports were presented from Police, Fire, Emergency Management and Finance Departments. PUBLIC HEARINGS: (A) Rezoning request at 981 Concord Road. John Patterson said that Bob Davies is representing Michael A. Perry in their request to rezone this property from Future Commercial to Limited Commercial. A single family home is located on the property and plans are to modify it to facilitate use of an office. There was no opposition. Mr. Davies said the property was under contract for sale and the purchaser intends to use the house for a chiropractic office through some remodeling of the structure, providing paved parking, etc. Mr. Davies said the Concord Road curb cut would be closed with ingress/egresss provided from Evelyn Street. A fence will be provided on the back of the property line with landscaping on the front as required. Jim Hawkins said the Planning and Zoning Board had recommended the zoning be approved and made a motion the zoning be approved from Future Commercial to Limited Commercial with the stipulations that at the time the property is sold, or at the time the building is occupied as Limited Comemrcial that the paved parking be provided within 60 days; that a 6 foot opaque fence be erected along the back property line; that the entrance and exit on Evelyn Street be constructed in a manner agreeable with the City Engineer. Jerry Mills seconded the motion which carried 7-0. (B) Variance request - 981 Concord Road - front and side yard setback. John Patterson said that three variances were also being requested on the property just zoned by reducing the front setback from 50 feet to 40 feet; reducing the side yard setback on the east side from 50 feet to 22 feet and by reducing the side yard setback on the west side from 33 1/3 feet to 20 feet. There was no opposition. Mr. Davies said the structure was built as a single family home and does not conform to the setback requirements of a commercial zoning. The adjacent home