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09-21-1987 Regular Meetingcontinued MELINDA DAMERON,-- TAY 6LE®R A. MAX BACON, MAYOR C J L HARRELL, WARD 2 --- ------- AJAMES MW. HAWKINS, WARD 4 KATHY BEOOKO�D 6 ---------------------------- BOB DAVIS, WARD 1 9gR!2mb@E-9h-!2@? The regular scheduled meeting of Mayor at Smyrna City Hall. The meeting was presiding officer Mayor A. Max Bacon. for Jerry Mills. Also present was Attorney Charles E. Camp, City Clerk the press. and Council was held September 21, 1987 called to order at 7:30 o'clock p.m. by All council members were present except City Administrator John Patterson, City Melinda Dameron and representatives of Invocation was given by Reverend Bud Abbott, pastor of Smyrna First Baptist Church, followed by the pledge to the flag. Mayor Bacon said that Jerry Mills is at Emory Hospital and wished him well. Mayor Bacon said he spoke to a Senate subcommittee today concerning the proposed conversion of Dobbins Air Force Base. There were 5 other elected officials on his panel and 5 of the 6 were opposed to the joint use of this facility. Mayor Bacon said he felt good about the hearing and thought they would turn down the proposal. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were given from Fire, Police, Finance and Community Development departments. PUBLIC HEARINGS: - Variance request - Kentucky Fried Chicken, 2431 South Cobb Drive - front yard setback. John Patterson said that Mr. Ernest Slaughter came before council at the last meeting to request a variance from the exising 24.4 feet to 14.4 feet for the addition of a solarium to the front of their restaurant and the request was tabled to tonight. There was no opposition to the variance. Mr. Slaughter said since the last meeting they had investigated to see if there were other buildings on South Cobb Drive within the setback and they found three other businesses within 500 feet of their location that were; the subway sandwich shop on the corner of Cherokee and South Cobb, Earl Smith Carpet, and a laundromat. Kathy Brooks said she was familiar with these businesses but they were grandfathered since the buildings were there before the widening of South Cobb Drive. Kathy Brooks said her feelings had not changed from the last meeting, that since the existing building has had one variance she did not feel this request would be in the best interest of other continued businesses along South Cobb. Mr. Slaughter said since the last meeting they had revised their plans and were requesting tonight that they be allowed to add the solarium onto the south side of the building. By re -arranging their landscaping and parking they can place the addition on the side and stay within the setback of the existing building. Following discussion, Kathy Brooks made a motion.the variance be approved from 50 feet to 24.4 feet for an addition to the south*side of the existing structure. Jim Hawkins seconded the motion which carried 6-0. (B) Rezoning request 2301 Benson Poole Road from Light Industry to General Commercial. John Patterson said that Steve Wareham is representing Thomas W. Phillips, owner of property at 2301 Benson Poole Road in his request for rezoning from Light Industry to General Commercial. A 22,800 square foot building is proposed for retail/office/distribution use. Sewerage is not available and a septic tank will be required for this site. There was no opposition. Mr. Wareham said this will be an L-shaped building with retail on the front and office/warehousing in the.rear. They -have a tenant who is in the antique car parts business who will lease 6300 square feet. Mr. Camp reminded Mr. Wareham that outside storage is not allowed under GC. Mr. Wareham said he did rot' anticipate the need for any outside storage and also stated there would be no car repairs, painting, etc. at this facility. Jim Hawkins expressed concern about the General Commercial category being used for warehousing and thought another'category might be more appropriate. Mr. Wareham said the City does not have an existing classification -for -a development. of this type and it was.their opinion that GC was most compatible. Following discussion, Mr. Camp said a retail type storage would be-permissable under GC but a warehousing operation would not be. Kathy Brooks made a -motion the zoning be approved from Light Industry to General Commecial with the stipulation that used car lots, taxi stands, garages, wrecker services, service stations, etc. not be allowed at this location. Joel Harrell seconded the,motion wich carried 5-1, with Jim Hawkins opposed. - - - 1, FORMA� BUSINESS: (A) Adjustment of tax millage rate. Hugh Ragan said the refactoring by. the State has increased our property assessments by 10% and we want to offset ' this increase to keep our net taxes at the same rate. The current millage rate is 11.5 and to offset this increase in the valuation -we need to reduce our millage,rate to 10.6. Hugh Ragan made a motion the tax millage rate be reduced from 11.5 to 10.6. Jack Shinall seconded the motion which carried 6-0. (B) Validation of signatures to annex .452 acres at the northwest -corner of South Cobb and Oak Drive. Attorney Camp read an application for annexation of property at South Cobb and Oak Drive as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of the own&s of the land'area-by acreage, as 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 laws of the State of Georgia. Said property being -annexed -being described as follows: All that tract or parcel of land lying and being in Land Lot 753, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a concrete monument located at the northwest cornet of the intersection of South Cobb.Drive (State Route 2130) and Oak Drive; thence south 53 degrees 32 minutes 19 seconds west along the northerly right of -way line of Oak Drive a distance of 58.25 feet to an iron pin; thence continuing along the northerly right of way line of Oak Drive north 89 degrees 15 minutes 50 continued seconds west a distance of 85.25 feet to a point; thence north 01 degrees 00 minutes 40 seconds east a distance of 306.13 feet to a point on the southwesterly right of way line of South Cobb Drive; thence southeasterly along the southwesterly right of way line of South Cobb Drive an arc distance of 300.70 feet to a concrete monument and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION: Witness the hands and seals of 60% of the record title holders of the land described above: SAMUEL B. KELLETT, STILES A. KELLETT, JR., BARBARA KELLETT HASTINGS Hugh Ragan made a motion the signatures be validated and the public hearing date set for October 19, 1987. Jim Hawkins seconded the motion which carried 6- 0. (C) Validation of signatures to annex .48 acres at the southwest corner of South Cobb and Lake Drive. Attorney Camp read an application for annexation of property in Land Lot 412 at the corner of South Cobb and Lake Drive as follows: We' the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of the owners of the land area by acreage, as 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 laws of the State of Georgia. Said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lot 412 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point at the intersection of South Cobb Drive and Lake Drive at the southwest corner of said intersection; thence running southwesterly along Lake Drive, 140 feet to a point; thence running southeasterly parallel with South Cobb Drive, 150 feet to a point; thence running northeasterly parallel with Lake Drive, 140 feet to a point on the right of way of South Cobb Drive; thence northwesterly along South Cobb Drive, 150 feet to the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION: Witness the hands and seals of 60% of the record title holders of the land described above: AMOCO OIL CO., BY F.V. BLACK, TERRITORY MANAGER Jim Hawkins made a motion the signatures be validated and the public hearing set for October 19, 1987. Bob Davis seconded the motion which carried 6-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: (A) Tenneco Oil requested a permit for new construction at 2610 Cobb Parkway at a total estimated cost of $425,000. Bob Davis made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (B) U.S. General Construction Company requested a building permit for a new Fitzgerald's Convenience store at 2096 Atlanta Road at a total estimated cost of $120,000. Kathy Brooks made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. CONSENT AGENDA: (A) 4-way stop signs - Pat Mell Road & Gober Terrace. Kathy Brooks made a motion the signs be approved for a 60 day trial period. Jack Shinall seconded the motion which carried 6-0. COUNCIL INPUT: Hugh Ragan said there was an accident in his ward late Saturday night involving teenagers which could have been very serious. Hugh cautioned everyone to drive carefully, especially the young people. 9�!Pt2Tb2E-9!.-!2@2-z continued Kathy Brooks reported on parks activities. Jack Shinall said the sewer rehab work is continuing in his ward, in the Pinehill Drive and Lavista Drive area and asked everyone for their patience while this work is underway. Jim Hawkins asked everyone to keep Jerry Mills in their prayers tonight. One of the contributing factors in the millage reduction has been from our growth brought about through annexations that Jerry has worked on. Joel Harrell and Bob Davis also wished Jerry a speedy recovery. Bob Davis said he has had questions recently about the hydrant locators in the streets. This project is being done on a part time basis by our firemen and they are still working on it. All hydrants in the city will eventually be identified by these markers. With no further business, meeting adjourned at 8:42 p.m. A. MAX BACON, MAYOR MEL4Y/'DAM 06N, CI Y CL RK BOB DAVIS, WARD 1 --- -------------- --- - -, �i RRY IL S W RD 3 CK 9HWIN�-AeLl, WA� 5 ----------- -1 - --------- HUGH R GA WAR ------------ 977LHAR�R�EE�LL, WARD 2 L/ a - ------ --------- Z�- 7-! - z I-ef -------------- JAMES M. HAWKINS, WARD 4 ------ ---- ----------- K XAT H�Y B A��D