06-02-1986 Regular MeetingJune 2, 1986
The regular meeting of Mayor and Council was held pursuant to the Charter
on June 2, 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. Also present was City Attorney Charles E. Camp, City Clerk
Willouise Spivey, City Administrator John Patterson, Assistant City Clerk
Melinda Dameron and representatives of the press.
Invocation was given by Reverend Lamar Whitener from Welcome All Baptist
Church, followed by the pledge to the flag.
CITIZENS INPUT:
Glenda Watson requested approval for a Vacation Bible School parade from
Bethel Baptist Church. Mayor Bacon asked Mrs. Watson to coordinate their
plans with Police Chief Little.
Ken McIntyre, a Dunn Street resident, requested approval to block off a
portion of Dunn Street between Legion Drive and Hunter Street for a block
party June 21st from 5:00 p.m. to midnight. Mayor Bacon said council had
no objections and asked him to contact the Police Department to make them
aware of their plans.
DEPARTMENT REPORTS: Department reports were given by the Clean City Committee,
Parks and Recreation Department and Library.
PUBLIC HEARINGS:
(A) Annexation of 93.01 acres in Land Lots 624, 625, 673, 674 and 695 between
Ridge Road and Cooper Lake Drive.
Joel Harrell made a motion the Roy L. Daniell property be annexed into the
City, the legal description having been read into the minutes of the April
21, 1986 meeting, to become a part of Ward 2. Jack Shinall seconded the
motion which carried 7-0.
(B) Rezoning of 93.01 acres between Ridge Road and Cooper Lake Drive from
f R-15, C.F. and R-20 to R-15, Office/Institutional and RMC-8.
Roy L. Daniell requested rezoning of the property just annexed and was
represented by Paul Griggs with Hensley -Schmidt. There was a small' group
in oppositon and representatives of both sides were sworn in by Attorney
Camp.
Mr. Griggs said they were asking to rezone Tract I, a 53.26 acre tract to
R-15; Tract II, a 20 acre tract to RMC-8 and Tract III, a 19.75 acre tract
to Office/ Institutional. Mr. Griggs said the single family homes will be
comparable to the other homes in the surrounding area and there are no plans
for pre -fabricated construction. They will use all underground utilities.
One curb cut on Ridge Road is proposed, but this is subject to further
engineering study. Water and sewer service is currently being furnished
to the property.
The RMC-8 development will consist of a possible 120 units, all brick with
slightly more than 2,000 square feet of living space. For security, they
will have a controlled gate at the entrance. Mr. Griggs said they also would
provide a 100 foot buffer in the area abutting Charleston Place and the
remaining buffers would be consistent with our ordinance. The minimum selling
price of these units would be $130,000. Mr. Griggs said they were proposing
one curb cut from Cooper Lake Drive and all roads and utilities within the
development would remain private. Acceleration/deceleration lanes will also
be provided if the engineering studies indicate a need for them.
The 19.75 acre tract designated for O&I will be developed strictly as offices
and a portion of this tract is already zoned commercial in the county.
Ann Kirk spoke in opposition and said there are no other R-15 homes in the
area and they would have to insist that this development be comparable to
Cedar Cliffs III and Charleston Place. They also wanted assurance that the
roads between the three different phases would not be inter -connecting in
any way. They also wanted a guarantee that there would be no pre -fabricated
homes and wanted adequate flood control and water retention.
Mark Accetturo of Charleston Place said definite plans had still not been
made about the dead end streets in the development. There has been some
discussion about selling off lots for R-20 development within the. designated
June 2, 1986 - Continued
100 foot buffer and they would prefer the development of homes equal to
those in Charleston Place instead of the 100 foot buffer.
Alan Bachrach of Charleston Trail said his home is downstream of the creek
from this development and he was concerned with erosion control. They are
almost at flood level now and have spent a considerable amount of money
on rip -rapping, etc. to prevent further erosion.
Curt Smith spoke in oppositon due to the traffic on Ridge Road and also
was not convinced that the proposed cul-de-sac's would remain closed.
David Barton said he was concerned about maintaining quality developments
in the area and R-20 development would better guarantee comparable homes.
Earl Dodd said he appreciated the concern of everyone involved and their
desire to protect the surrounding property owners. His concern was with
the cul-de-sac's also and would like to be able to continue being involved
in this proposed development until this question is resolved.
Mr. Daniell said they had drawn preliminary plans to see if it would be
possible to develop the buffer area into lots and a lot of consideration
has gone into this matter. Mr. Daniell said he would have an answer before
any construction began. Also, they would consider increasing the buffer
to 75 feet where the development abuts the R-30 homes.
After further discussion, Joel Harrell made a motion to re -zone approximately
93 acres owned by Mr. Roy Daniell in Land Lots 624, 625, 673, 674 and 695,
lying between Ridge Road and Cooper Lake Drive from R-15, C.F. and R-20
to the following:
1) Approximately 53 acres bounded by Ridge Road, Cedar Cliffs Subdivision,
Phase III, the creek disecting the property, and Charleston Place Subdivision
(subject property shown as Tract I on the Preliminary Rezoning Master Plan
dated 4/28/86 revised 5/29/86, prepared by Hensley -Schmidt, Inc. and made
a part of this rezoning) to be rezoned to R-15 subject to the following
restrictions:
a) One curb cut on Ridge Road to be the entrance to the subdivision
- no individual lot will have a driveway entering Ridge Road.
b) All houses to have a minimum of 2,000 square feet of heated and
cooled floor space.
c) All homes to have a two car garage - garage area shall in no case
be used to calculate minimum floor space.
d) All utilities in subdivision will be underground.
e) Street lights to be installed in subdivision using fiberglass
poles subject to City Engineer's approval.
f) All homes to be comparable to homes in Cedar Cliffs, Charleston
Place and Legend Heights. ,
2) Approximately 20 acres shown on the Preliminary Rezoning Master Plan
by Hensley -Schmidt, Inc. as Tract II to be rezoned to RMC-8 for the purpose
of townhouse condominiums subject to the following restrictions:
a) A 100 foot wide landscaped enhanced buffer along the common property
line with the subject property and Charleston Place at the end of Laurel
Creek Trail. It is further understood that prior to issuing any building
permits for this total development that an alternate plan will be investigated
and a report presented to the City on such plan. It is the intent of this
alternate plan to investigate the possibility of extending Laurel Creek
Trail in such a manner as to complete the street and so the subdivision
and to construct single family homes between now existing Charleston Place
and the proposed condominium development. The spirit of acceptance by the
City of the alternate plan is to complete the street and the subdivision
with compatible size lots and houses and to meet the same covenants as the
adjoining Charleston Place subdivision.
b) The area of the subject property at the end of existing Shamrock
Trail and Laurel Ridge Trail shall be planted with a dense landscape screen
in order to screen the proposed retention area and recreational facilities.
June 2, 1986 - Continued
lane.
c) One curb cut on Cooper Lake Drive with acceleration/deceleration
d) Property owners association to be formed for the condominium project.
e) The condominium development to be a private development with the
City not taking ownership of streets or utilities.
f) Proposed Phase I of the condominium development to consist of
approximately 35 units. Units to be constructed as per plans submitted by
Mr. Daniell and will have a minimum of 2,000 square feet per unit and exterior
of building to be totally brick on all four sides.
g) All utilities to be underground.
3) Approximately 19.7 acres shown on the Preliminary Rezoning Master Plan
by Hensley -Schmidt, Inc. as Tract III to be rezoned to 0&I subject to the
following restrictions:
a) A 50 foot buffer shall be placed along the property line around
entire parcel - said buffer shown on Master Plan.
b) One curb cut on Cooper Lake Road with acceleration/deceleration
lane.
The proposed internal streets or roads for each of the three subject areas
shall not be interconnected. Each area shall be self-contained. All street
or road alignments and design are subject to final approval by the City
Engineer, Fire Department, Police Department and Public Works Department.
Jerry Mills seconded the motion which carried 7-0.
(C) Annexation of 0.36 acres at 2284 Belmont Circle.
Kathy Brooks made a motion the property at 2284 Belmont Circle be annexed
into the City to become a part of Ward 6, the legal description having been
read and made a part of the minutes of the May 5th meeting. Jack Shinall
seconded the motion which carried 7-0.
(D) Annexation of 7.62 acres in Land Lots 339, 340, 381 and 382 fronting
on Concord Road.
Hugh Ragan made a motion this property 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 April 21, 1986 meeting. Jim Hawkins seconded the motion
which carried 7-0.
(E) Rezoning of 7.62 acres on Concord Road from from R-15 to General Commercial.
John Patterson said that Rem Bennett has requested the rezoning of this
property which fronts on Concord Road just east of North Cooper Lake Road.
The property will be subdivided into 12 commercial lots for development.
Mr. Bennett said he planned to have one street into the developments with
a cul-de-sac at the end. There are two houses on the property now but they
will be torn down and the property divided into 12 lots. Buildings will
be metal with rock and brick fronts and some of the lots would be developed
by him. Mr. Bennett said he has had a lot of interest for a development
of this type in the area. Sewer service is not now available to the property
and this question would also need to be resolved before construction could
begin. Hugh Ragan said that General Commercial is a very broad classification
and asked if he would have any problems with placing restrictions on the
zoning and Mr. Bennett said he would have no problem with that.
Sue Brissey said she was not really opposed to the rezoning but always felt
reluctant to give up a R-20 zoning and was also concerned since General
Commercial is such a broad classification. Mrs. Brissey said the two houses
currently on the property definitely need to be removed since they are an
eyesore.
There was some discussion concerning curb cuts and Mr. Bennett said there
are two curb cuts on the property now and ,he did not want to be restricted
to only one. Also he did not feel it would be feasible to have an acceleration/
deceleration lane since there are none on Concord Road and it seems that
it would create a traffic hazard.
June 2, 1986 - Continued
After further discussion Hugh Ragan made a motion the zoning be approved
with the stipulation that the following uses not be permitted: automobile
repair including body paint, glass shops, mobile home and travel/trailer
sales, produce stands and open air markets, taxi stands and dispatching
agencies and service stations (gas stations). Second, that the plat of proposed
development is considered to be preliminary and approval of the final plans
will be made by the City Engineer, including the question of curb cuts and
acceleration/deceleration lanes along with the size of the lots. Third,
while we fully anticipate having sewer available in this area in the near
future, no absolute decision has been made and the discussions they have
had are not intended as a firm promise. Jack Shinall seconded the motion
which carried 7-0.
(F) Rezoning request for 0.39 acres at 653 Powder Springs Street from R-15
to RD-4.
John Patterson said that William C. Davis had requested rezoning of 653
Powder Springs Street for a quadraplex. This property abuts. James House
Apartments to the west with General Commercial to the south and residential
to the north and east. Lot size and setback requirements are adequate.
There were two people in the audience in opposition and Kathy Brooks said
that Mr. Davis has requested that this application be withdrawn and understands
that he cannot re -apply for another 12 months.
(G) Home occupation license - 1880 Shenandoah Valley Lane.
John Patterson said that Debbie and Heidi Anderson have requested approval
to operate a service agency from their townhouse at 1880 Shenandoah Valley
Lane in the Cumberland Townhome development. The service will consist of
providing personnel for baby sitting, house and pet sitting, house cleaning
and care for the elderly.
Jerry Mills asked if there was a homeowners association in the development
and the answer was no. Ms. Anderson said their business would consist of
having a registry of people to provide these services to their clients and
all their business will be transacted by telephone. The people on the registry
will be bonded, fingerprinted and at least 3 personal and business references
checked. These people will also be personally interviewed at a location
other than their home on Shenandoah Valley Lane. They both have worked for
a similar agency the past 3 years on a part time basis and have never had
any problems. Ms. Anderson said the people who use her service are reputable
citizens who are willing to pay well for their service. Jerry Mills asked
Attorney Camp if the City would have to assume any liability if they approved
the license and Mr. Camp said they would not.
Jerry Mills said he generally was not in favor of issuing home occupation
licenses but made a motion this request be approved. Jim Hawkins seconded
the motion which carried 7-0.
FORMAL BUSINESS:
(A) Amendment to Section 1505 of zoning ordinance.
John Patterson said our existing zoning ordinance requires a sign not less
than 12 square feet which is quite cumbersome and a size not actually required
to meet public notice needs. Mr. Patterson said our current sign we are
using measures 1' x 10" x 2' 4" or 4.28 square feet and we need to standardize
our signs to a common size. Jack Shinall made a motion that Section 1505
of the zoning ordinance be amended to change the square footage requirement
from 12 square feet to 4 square feet which would read: "signs not less
than 4 square feet will be posted."
Joel Harrell seconded the motion which carried 7-0.
(B) Amendment to Section 11-23, Junked, Wrecked, Discarded, etc., Personal
Property. `
John Patterson said the city code does not provide for the removal of boats
that are dismantled, wrecked, junked or inoperative and there has been
considerable concern expressed in several wards regarding inoperative or
junked watercraft. Jack Shinall made a motion the existing Section 11-23
be deleted in its entirety and replaced with the following:
June 2, 1986 - Continued
Section 11-23: It shall be unlawful for any person to permit any furniture,
appliance, machinery or equipment, including, but not limited to motor vehicles,
boats, trailers or watercraft, which are either in a wholly or partially
rusted, wrecked, junked, dismantled, or inoperative condition to remain
on the premises of any dwelling, dwelling unit, place of business or vacant
lot- in outside storage or otherwise exposed to public view for a period
in excess of thirty (30) days.
Jerry Mills seconded the motion which carried 7-0.
(C) Amendment to Chapter 14 of Smyrna Code, adding Section 14.
Jo4n _Patterson said rogdsiaq vEggq s. ar)d othe t,empQza y itinerate Merchants
have generated concern from the community, both in the form of unfair. competitgn
with our merchants and the unsightly nature of their operations. In an effort
to protect our merchants who pay taxes and purchase business licenses a
proposed ordinance revision is submitted tonight for consideration. Attorney
Camp read the proposed ordinance amendment. Hugh Ragan said he did not receive
the amendment until tonight and would like to have time to further review
it. He thought the intent of the ordinance was to prohibit tent sales and
the amendment read tonight places a limitation on garage sales which he
was not in favor of. Jack Shinall made a motion the ordinance amendment
be tabled to the next meeting. Bob Davis seconded the motion which carried
7-0.
(D) Request for extension of time to remove business from 1113 Matthews
Street.
John Patterson said at the last meeting a home occupation license for Mr.
Don Chilton at 1113 Matthews Street was denied and Mr. Chilton was given
10 days to relocate his business. He has secured a location for his business
but cannot get his telephone equipment moved within 10 days. Jerry Mills
made a motion that Mr. Chilton be granted an extension of time to relocate
his business, to July 10, 1986. Jim Hawkins seconded the motion which carried
7-0.
RTn AWAPn-
(A) Carpet for City Hall.
John Patterson said with the major portion of the renovation completed in
City Hall it is necessary to replace the carpeting in the remainder of the
building. Five companies were invited to bid with three responding. Upon
the recommendation of John Patterson, Hugh Ragan made a motion the bid be
awarded to "D" Carpets, the low bidder at $5,252.00 to be paid from the
Contingency Fund. Kathy Brooks seconded the motion which carried 7-0.
(B) Dump body for sanitation equipment.
John Patterson said that last year packer bodies were removed from a sanitation
vehicle to allow a dump body to be located on the chassis. This would supply
us with a sturdy dump truck with a 5 yard body. $5,000 was budgeted in Revenue
Sharing and the remainder can come from under -runs in the Public Works Revenue
Sharing fund budget. Bids were sought from several companies with only two
bidding. Joel Harrell made a motion the low bid of $5,298.00 be awarded
to Commercial Equipment Sales and Service to be paid from Revenue Sharing.
Bob Davis seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Nichols Group requested a building permit for new construction at 1254
Concord Road at a total estimated cost of $129,000. Jim Hawkins made a motion
the permit be approved subject to approval of the Inspections Department
and Fire Marshal. Joel Harrell seconded the motion which carried 7-0.
(B) Neal-Loia Construction requested a building permit for tenant finish
�.401,,,.Lake ;Pq-r,k Drive 1. ,at , a,, total . estimated cosh. o€ ,.1,. ..$11,500. Bo12_. -Davis
... I .-. .. .: .. .._ F>
made a motion the permit be approved subject to approval .of the Inspections
Department and Fire Marshal. Joel Harrell seconded the motion which carried
7-0.
(C) Joe Lee Thompson requested a building permit for new construction at
2278 Old Concord Road at a total estimated cost of $73,000. Kathy Brooks
made a motion the permit be approved subject to approval of the Inspections
Department, Fire Marshal and City Engineer. Jim Hawkins seconded the motion
which carried 7-0.
June 2, 1986 - Continued
(D) McDevitt & Street requested a building permit for new construction
at Lake Ridge Technology Center in Highlands Park at a total estimated cost
of $750,000. Hugh Ragan made a motion the permit be approved subject to
approval of the Inspections Department, Fire Marshal and City Engineer.
Joel Harrell seconded the motion which carried 7-0.
(E) McDevitt & Street requested a building permit for new construction
at Lake Ridge 200 in Highlands Parkway at a total estimated cost of $750,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
Inspections Department, Fire Marshal and City Engineer. Joel Harrell seconded
the motion which carried 7-0.
(F) McDevitt & Street requested a building permit for construction of a
shopping center at 4924 South Cobb Drive at a total estimated cost of $500,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
City Engineer, Fire Marshal and Inspections Department. Jerry Mills seconded
the motion which carried 7-0.
(G) David O'Donnell & Associates requested a building permit for an office
addition at 2772 Hargrove Road at a total estimated cost of $45,000. Bob
Davis made a motion the permit be approved subject to approval of the City
Engineer, Fire Marshal and Inspections Department. Joel Harrell seconded
the motion which carried 7-0.
(H) Neal/Loia Construction requested a building permit for interior finish
at 2401 Lake Park Drive at a total estimated cost of $10,000. Bob Davis
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Hugh Ragan seconded the motion which carried 7-0.
(I) Taco Bell requested a building permit for remodeling at 2721 South
Cobb Drive at a total estimated cost of $35,585. Jack Shinall made a motion
the permit be approved subject to approval of the Fire Marshal and Inspections
Department. Kathy Brooks seconded the motion which carried 7-0.
(J) Moran & Company requested a building permit for tenant finish at 4600
Highlands Parkway, Suite F & G at a total estimated cost of $30,000. Hugh
Ragan made a motion the permit be approved subject to approval of the Fire
Marshal and Inspections Department. Bob Davis seconded the motion which
carried 7-0.
(K) Moran & Company requested a building permit for tenant finish at 4600
Highlands Parkway, Suite I at a total estimated cost of $20,000. Hugh Ragan
made a motion the permit be approved subject to approval of the Fire Marshal
and Inspections Department. Joel Harrell seconded the motion which carried
7-0.
(L) Wilson Interiors requested a building permit for tenant finish at 5000
Highlands Parkway at a total estimated cost of $45,000. Hugh Ragan made
a motion the permit be approved subject to approval of the Fire Marshal
and Inspections Department. Jack Shinall seconded the motion which carried
7-0.
CONSENT AGENDA:
(A) Jim Hawkins made a motion the minutes of May 5, 1986 be approved as
submitted. Jack Shinall seconded the motion which carried 6-0, with Jerry
Mills abstaining.
Jerry Mills made a motion the minutes of May 19, 1986 be approved as submitted.
Jim Hawkins seconded the motion which carried 7-0. '
(B) Hugh• -Ragan• made 'a motion, the• request for -a temporary construction trailer
at Lake Ridge Technology Park site be approved for one year. Jerry Mills
seconded the motion which carried 7-0.
(C) Hugh Ragan made a motion the request for extension of working hours
at Lake Ridge Technology Park and Kenwood Shopping Center be approved weekdays
until 8:00 p.m. and Saturdays from 10:00 a.m. to 5:00 p.m. Jerry Mills seconded
the motion which carried 7-0.
Mayor Bacon said at the last meeting a beer and wine package license for
Jim Wallace was denied for his new station on Concord Road. There was some
discussion about distance requirements and problems in the area but since
the meeting council has reviewed the entire packet and all information submitted
and cannot find anything that would prohibit them from granting the license.
June 2, 1986 - Continued
Upon the recommendation of Mayor Bacon, Kathy Brooks made a motion the rules
be suspended to consider approval of the license. Jack Shinall seconded
the motion which carried 6-1 with Jim Hawkins opposed.
Kathy Brooks then made a motion that, for the reason that all the issues
including distance requirements from city residences and strict interpretation
,of the code requirements were not made clear at the last council meeting,
we re -consider the malt beverage application of Wallace Oil Company for
Concord Road and that said license be granted. Jerry Mills seconded the
motion to approve the license which carried 4-3 with Bob Davis, Jim Hawkins
and Hugh Ragan opposed.
COUNCIL INPUT: Jim Hawkins said the budget would be ready for adoption
at the next meeting and urged a good attendance from our citizens.
Joel Harrell reminded everyone that the water conservation plan is still
in effect and asked for everyone's cooperation.
With no further business, meeting adjourned at 9:50 p.m.
************************
June 16, 1986
The regular scheduled meeting of Mayor and Council was held June 16, 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 Kathy Brooks. Also present was City Attorney Charles E. Camp,
City Administrator John Patterson, City Clerk Willouise Spivey and repre-
sentatives of the press.
Invocation was given by John Patterson, followed by the pledge to the flag.
Mayor Bacon read and presented a proclamation to Captain Antoinette Green
from Dobbins Air Force Base in recognition of 2157th ISS Day. Captain Green
said the 2157th represents the Air Force Communication Command at Dobbins
and provides all types of information systems support for the Air Force
world-wide.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS: Reports were given by Finance, Fire, Public Works and
Community Development.
PUBLIC HEARINGS:
(A) Proposed use of 1986-87 Revenue Sharing Funds.
Hugh Ragan said Revenue Sharing Funds would soon be a thing of the past
and said the City's allocation for 1986-87 was $27,568 total, much less
than previous years. This will be the last entitlement payment for fiscal
year 1986 of the Federal government budget. There were no questions or comments
from the audience and Hugh Ragan made a motion the $27,568 in Revenue Sharing
funds be used for the purchase of a dump truck for the Street Department.
Jerry Mills seconded the motion which carried 6-0.
(B) Approval of 1986-87 Budget.
Max Bacon said this was the first budget approved since John Patterson had
been with the City and thanked everyone for their patience and the work
that went into it.
Hugh Ragan also thanked John Patterson and his staff for a superb job of
assembling this budget. Hugh also thanked the Mayor and each council member
for their valuable input and suggestions. This budget can be summarized
as the best effort of providing the necessary services to the citizens of
Smyrna in order to maintain the high quality of life we enjoy. According
to the Atlanta Regional Commission, Smyrna is the fastest growing city in
Cobb County. As a result of the growth, this budget has increased by 17%,
up from $11,277,700 to a proposed $13,132,878. This allows us to maintain
our current level of services and improve them in several areas which. in