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10-20-1986 Regular MeetingOctober 9, 1986 A special called meeting of Mayor and Council was held October 9, 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 Jack Shinall, Joel Harrell and Hugh Ragan. Also present was City Administrator John Patterson, City Attorney Charles E. Camp and Assistant City Clerk Melinda Dameron. Mayor Bacon said the purpose of the meeting was to approve a building permit for Harold Wolfe Company for new construction on Old Concord Road, behind West Lumber Company which was tabled at the last meeting. At that time there was some discussion about what was being built on the site since their application was incomplete. Since that time Jack Shinall has met with representatives of the company and has no problem with the permit being issued. Jerry Mills made a motion the permit be approved subject to any semi -trucks being routed to South Cobb Drive via Old Concord Road and Jones Shaw Road. Jim Hawkins seconded the'motion which carried 4-0. With no further business, meeting adjourned at 7:35 p.m. sY�c��Y*�rx�C>Y�CsY�r�r�sYir�r�rirsY October 20, 1986 The regular scheduled meeting of Mayor and Council was held October 20, 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 Father James McGlone, pastor of St. Thomas Catholic Church, followed by the pledge to the flag. CITIZENS INPUT: Tom O'Connor, a resident of 120 Concord Road said there was a very 100 Road bad accident at the intersection of Concord and Deerwood Parkway, about yards from his home on Sunday. Mr. O'Connor said he has never seen Concord adequately patrolled and when he calls the police department about speeding cars, is told that without the tag numbers of the vehicles there is nothing they can do. Mr. O'Connor said the road needs to be patrolled frequently to slow traffic. Hugh Ragan said he talked to Mr. O'Connor yesterday and has since spoken to John Patterson about various alternatives but the most immediate solution is to ask for the police department's help in stowing traffic in that area. Mayor Bacon recognized Johnny Gresham, candidate for the State House of Representatives to fill the seat'vacated by Frank Johnson. DEPARTMENT REPORTS: Reports were given from Fire, Police, Emergency Management, Finance and Community Development departments. PUBLIC HEARINGS: (A) Rezoning request for 4.02 acres in Land Lots 413 and 414 - South Cobb Drive at Concord Road from RM-12 to General Commercial. John Patterson said that Robert W. James was requesting the rezoning of this property which is owned and being used for storage by McArthur Concrete. This property will be combined with approximately 10 additional acres for development of a 115,000 square foot shopping center. There was no opposition. Mr. James and Mike Savage, developer, presented a rendering of the proposed shopping center. There are two out lots on South Cobb Drive which will be reserved for later development, but the existing buildings (Sterchi's Furniture and Super Foods) will probably be graded to provide better visibility for the shopping center. There will be two entrances; one at Lusk Drive off Concord Road and the other from South Cobb Drive between the two out lots. The property is surrounded by General Commercial with the exception of the Concord Garden Apartments to the rear. October 20, 1986 - continued Mr. Savage said a variance would be required on the rear setback line adjacent to the apartments as well as a variance on required parking spaces which will be addressed at a later meeting. There was some concern expressed by the Mayor and some members of council about the intersection at Concord and Lusk Drive which is already heavily congested. Mr. Savage said he planned to put an acceleration/deceleration lane on Concord Road. Mayor Bacon asked if there was some way they could limit Lusk Drive for an entrance only to the shopping center. Mr. Savage said he would prefer to be able to work with Rob Berry, owner of the newly developed Concord Corners Shopping Center to see if there is a way to line up their driveways and provide easier access for both shopping centers. After further discussion Jim Hawkins made a motion the zoning be approved due to the fact that the property is surrounded by General Commercial and 10 of the 14 acres is already zoned General Commercial, with the stipulation that the developer bear the cost of installing an acceleration/deceleration lane on Concord Road at the entrance of what is known now as Lusk Drive. Jerry Mills seconded the motion. Joel Harrell said the traffic situation in that area would present quite a lot of problems and could not support the motion. Vote on the motion to approve the rezoning carried 5-2, with Hugh Ragan and Joel Harrell opposed. (B) Street closing - unimproved and unopened portion of Lusk Drive. John Patterson said that Robert W. James has requested the conveyance of former easement of right of way known as Lusk Drive. The City has, for quite some time, maintained a 40 foot right of way called Lusk Drive from Concord Road to the gate and entrance of McArthur Concrete Products. Several weeks ago while conducting a title search of their property, it was found that Lusk Drive is shown on the recorded plat in Plat Book 15, page 21 as a private easement extending into the property owned by McArthur Concrete although it has never been improved or maintained by the City. Mr. James is requesting that the City quit claim all of its right title and interest as to where Lusk Drive might appear in the above referenced plat book. Signs have been posted at the end of the improved portion of the street and notices were placed in the newspaper for the last 2 weeks. There was no opposition from the audience and Jim Hawkins made a motion the conveyance deed be approved as requested. Jerry Mills seconded the motion which carried 7-0. (C) Annexation of 9 parcels on Oak Drive/Oakdale Road There was no opposition from the audience and Hugh Ragan made a motion the 9 parcels on Oak Drive/Oakdale 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 September 15, 1986 meeting. Jack Shinall seconded the motion which carried 7-0. (D) Annexation of 3.709 acres in Land Lots 333 and 334, West Cooper Lake Road. John Patterson said that R. B. Gunn had requested the annexation of 3.709 acres in Land Lot 334 on West Cooper Lake Drive. There was one person in the audience in opposition who was sworn in with David Adams, representing Mr. Gunn. Mr. Adams said Mr.Gunn no longer owns the property and that he is now the legal owner. Mr. Brooks Kafka of 4085 West Cooper Lake Drive said they were mainly concerned about the rezoning of the property and there also seemed to be some misunderstanding as to whether or not the property was R-30 or R-20. The land to the north and east is zoned R-30 and Mr.Kafka said the plat he had of Mr. Adams property also showed that it was R-30. John Patterson said the property was R-20 as is all the property that is contiguous to it. The only R-30 property near there is Hickory Mill Subdivision. The architect was in error when he did the plat and has since been corrected. Hugh Ragan then made a motion the annexation be approved to become a part of Ward 7, the legal description having been read and made a part of the minutes of the September 15, 1986 meeting. Bob Davis seconded the motion which carried 7-0. October 20. 1986 - continued (E) Rezoning request for 3.85 acres in Land Lots 333 and 334 - West Cooper Lake Drive from R-20 to R-15. John Patterson said that Mr. Adams has proposed an 8 lot subdivision off West Cooper Lake Road, combining the 3.709 acres that was just annexed with some additional property. The Planning and Zoning Board recommended the property remain R-20. Surrounding property is all zoned R-20. There were several in opposition and representatives from each side were sworn in by Mr. Camp. Mr. Adams said he wanted to put an 8 lot subdivision on the property. This is a very narrow piece of land and he could not buy any additional property from Mr. Gunn for his development. The minimum lot size will be 17,000 square feet and only one of those; the remaining 7 lots will go up to almost 21,000 square feet. There will be no cedar siding and they will be compatible with homes in the area. Mr. Adams said he would develop the lots but would not do the building and has one builder that wants to buy all the lots. Mr. Adams said he would screen the plans before any construction starts; all utilities will be underground, uniform lighting, curbing and gutters to be approved by the city engineer. Price has yet to be determined, but they will probably sell for $145,000 and up. Mr. Kafka said they have several concerns about the zoning. At the time of purchase, the owner of the land could have provided access to No. Cooper Lake Road which would be a much better plan. The.two houses at the entrance are facing homes on adjacent corner lots which are much larger. Mr. Kafka said this was going to be one of the most dangerous streets in Smyrna; on the crest of a hill and blind curve. Wit Carson also spoke in opposition and said it was the blind curve they were concerned with; it has a lot of traffic from people going to and from the Smyrna Swim and Tennis Club that don't live in the neighborhood. Mr. Gunn does have other property that is contiguous to No. Cooper Lake Road and they would like to see the access there, instead of from West Cooper Lake Drive. Hugh Ragan told Mr. Adams there was quite a bit of concern expressed tonight about the safety at the entrance to the development and said he would like to have our engineering department study the intersection and if needed, install a wig wag light there. Mr. Adams said he was not in opposition to that. Hugh Ragan said the general consensus seems to be that if this will be a quality development, equal to or better than the existing homes, most of the residents in the area do not have any major problems. Hugh made a motion the zoning be approved from R-20 to R-15 with the following stipulations: 1) Maximum of 8 lots, each lot consisting of a minimum of 17,000 square feet. 2) Each house have a minimum of 2,000 square feet of heated floor space, which will exclude garages, basements, etc. 3) 8 unit development to average at least 2,200 square feet per unit of heated floor space. 4) All homes built be of similar style, design and construction as existing homes in the neighborhood and that no cedar siding be used on the exterior of the homes. 5) All utilities be underground. 6) Street lights to be provided by developer and that they be uniform and consistent with those in existing neighborhood. 7) Natural buffer of at least 15 feet be left on the border that borders the current Cooper Lake Hills Subdivision. 8) Curbing and guttering be approved by the City engineering department before installation to be sure it will handle all storm water runoff. 9) Traffic study be done to determine whether traffic signalization is needed at the intersection of the two streets, and if needed that a wig wag light be installed at the expense of the developer. October 20, 1986 - continued 10) Any other covenant agreement that was a part of the original Cooper Lake Hills Subdivision but not covered above be adopted and abided by as a condition of this rezoning. Shawn Cochran asked to speak and was sworn in by Mr. Camp. Mr. Cochran said after hearing the information presented tonight, would like to withdraw his support for R-15. Jerry Mills seconded the motion to approve the zoning. Jim Hawkins said this appeared to be a case of spot zoning since all surrounding property was zoned R-20 and would not support the motion. Vote on the motion carried 4-3, with Bob Davis, Jim Hawkins and Kathy Brooks opposed. FORMAL BUSINESS: (A) Amendment to speed zone ordinance. John Patterson said it was necessary to amend our speed zone ordinance to include streets that the State will allow us to use radar on. It is necessary periodically to amend the ordinance to include streets that have been annexed or streets that have had the speed limit raised to be sufficient for radar. John Patterson read the amendment as follows: That segment of road on Highlands Parkway beginning at South Cobb Drive (S.R. 280) west to the dead end a distance of 1.7 miles to be speed zoned for 35 miles per hour. That segment of road on King Springs Road beginning at Hayes Drive southwest to South Cobb Drive (S.R. 280) a distance of .5 miles to be speed zoned for 35 miles per hour. That segment of road on Old Concord Road beginning at Hickory Acres Drive north to Pat Mell Road a distance of 1.3 miles to be speed zoned for 35 miles per hour. That segment of road on Pat Mell Road beginning at South Cobb Drive (S.R. 280) east to Atlanta Road (ST3) a distance of 1.0 miles to be speed zoned for 35 miles per hour. That segment of road on South Cobb Drive (S.R. 280) beginning at Ridge Road south to Interstate 285 a distance of 2.2 miles to be speed zoned for 55 miles per hour. That segment of road on Concord Road beginning at Woodvalley Drive west to Deerwood Parkway a distance of .4 miles to be speed zoned for 35 miles per hour. Jim Hawkins made a motion the speed zone ordinance be approved. Kathy Brooks seconded the motion which carried 7-0. (B) Reduction of residential speed limits. John Patterson said there have been several requests by council members regarding the maximum safe speed in subdivisions. The State code indicates that 30 miles per hour is the posted urban and residential district speed limit. Their suggestion was that 25 miles per hour be established as the speed limit in urban and residential districts unless otherwise posted in the City of Smyrna. Following discussion, Hugh Ragan made a motion our ordinance be amended that 25 miles per hour be established as the speed limit in urban and residential districts unless otherwise posted in the City. Jim Hawkins seconded the motion which carried 7-0. (C) Confirmation of Unity Construction Company contract. John Patterson said that on September 15th, council authorized Unity Construction Company to construct the Sherwood Road outfall line with the provision that all easements be secured by October 18th. There are still 3 easements pending and we need to have that time frame extended. Joel Harrell said we had hoped to get this sewer line in before the end of the October 20, 1986 - continued year and made a motion that council ratify and affirm the contract with Unity Construction for the sewer construction and authorize commencement of the work while the necessary easements are being acquired. Bob Davis seconded the motion which carried 7-0. RTn AWARnR! (A) Resurfacing of Lake Court and King Springs Tennis Courts. John Patterson said that bids were secured from three contractors for this resurfacing work and recommended the low bid of $6,920 be awarded to Premiere Coating. Kathy Brooks made a motion the bid be awarded, to be paid from the Parks Facilities Capital Account. Jerry Mills seconded the motion which carried 7-0. (B) Restaining exterior of Church Street Center. John Patterson said that three bids were secured for the restaining of the Church Street Center and recommended the bid be awarded to Bennett & Sons for $2,500. Kathy Brooks made a motion the bid be awarded to be paid from the Recreation Facilities Repairs and Maintenance account. Jerry Mills seconded the motion which carried 7-0. (C) Service vehicle for Fire Department. John Patterson said the existing unit is a 1970 model and is inadeqauate for transporting needed equipment and its condition is sub -standard for use as an emergency vehicle. Bids were received from three vendors. Based upon the recommendation of John Patterson, Bob Davis made a motion the low bid of $14,750 be awarded to Wade Ford for the chassis, and the low bid of $5,590 be awarded to Interstate Truck & Equipment for the cab, to be paid from the Fire Suppression Capital Account. Jerry Mills seconded the motion which carried 7- 0. (D) Renovation of City Hall Annex building. John Patterson said for several months we have been working on designs for the new courtroom to be located in the annex building. Recently we went out for bids and have received three. They were very close and Mr. Patterson recommended the contract be awarded to the low bidder, Advance Builders, Inc. at $147,000 with funds coming from the Council Contingency & Capital Improvements fund with hopes of having construction completed before the end of the year. Jim Hawkins made a motion the low bid be awarded to Advance Builders at $147,000. Joel Harrell seconded the motion which carried 7-0. (E) South Cobb Street Lighting. John Patterson said that many months ago, the Smyrna Business Association proposed the lighting of South Cobb Drive from Pat Mell to Ridge Road. Georgia Power now has a specific design for the lighting which has gained approval of council. The total cost is expected to be $174,200. Georgia Power has provided a no interest financing with a $41,000 initial payment and three equal annual installments of $33,000. Other funding sources are being sought from the Governor's Discretionary Fund, Georgia DOT, Cobb County and the Cobb Industrial Development Commission. The Smyrna Business Association has agreed to pay $10,000 toward the total project cost. The lighting should increase commerce and improve safety along South Cobb. Hugh Ragan said he would like to delay this project until we get some commitments from other funding sources. Mayor Bacon said he had already met with Earl Smith and have submitted a request for help from the Governor's Contingency fund, with a firm commitment of $10,000 from the SBA. Mayor Bacon said he would rather not delay this project because the work needs to be done. This will also be a good time of year to proceed with the work since we will use city crews for some of the landscaping and the winter months is a slack time for Parks and Recreation. Hugh Ragan said if council was comfortable that we would be getting funds from the county, state and other sources, he would be in favor of proceeding, and made a motion the funds be approved to be paid from the Council Contingency. Jack Shinall seconded the motion which carried 7-0. October 20, 1986 - continued COMMERCIAL BUILDING PERMITS: No permits to present to council. CONSENT AGENDA• Nothing to report. COUNCIL INPUT: Kathy Brooks reported on the activities in the Parks Department. Hugh Ragan made a motion the rules be suspended to read an application for annexation into the City. Jim Hawkins seconded the motion which carried 7-0. Attorney Camp read the application for annexation of property at 505.5 Oakdale Road 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 part of Land Lot 752 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point marked by an iron pin on the easterly right of way line of Oakdale Road being 136.80 feet northeasterly from the point formed by the intersection of the southeasterly right of way of Oakdale Road and the northeasterly right of way of South Cobb Drive; thence running north 29 degrees 13 minutes 10 seconds east along the southeasterly right of way of Oakdale Road for a distance of 100.0 feet to an iron pin located at the southwest corner of property now owned by Futrelle; thence running due east along the south line of said Futrelle property, a distance of 140.0 feet to an iron pin; thence running due south a distance of 66.62 feet to an iron pin located on the north line of property now owned by H. M. Rodgers; thence south 86 degrees 56 minutes 00 seconds west a distance of 4.26 feet to an iron pin; thence running south 3 degrees 4 minutes 00 seconds east along the west line of said Rodgers property a distance of 19.79 feet to an iron pin; thence south 89 degrees 47 minutes 40 seconds west a distance of 70.62 feet; thence south 00 degrees 00 minutes 00 seconds east 16.54 feet to an iron pin; thence south 89 degrees 29 minutes 12 seconds west 124.78 feet to an iron pin; thence north 29 degrees 13 minutes 10 seconds east 19.09 feet to an iron pin and the point of BEGINNING. Also, as an appurtenance, that certain drivewy easement acquired by City Ice Delivery Company by instrument dated December 6, 1973, recorded in Deed Book 1485, Page 315, in the office of the Clerk of Superior Court of Cobb County, Georgia, and as shown on the aforementioned survey. 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/SOUTHERN FARM BUREAU LIFE INSURANCE CO., BY BOBBY WATERS, VICE PRESIDENT - FINANCE Hugh Ragan made a motion the signatures be validated and the public hearing date set for November 18, 1986. Jim Hawkins seconded the motion which carried 7-0. Hugh Ragan said he is attending a war against drugs seminar in Atlanta this week and said many people do not realize it, but we have a real problem here in Cobb County just as everyone else does. There are 5,000 cocaine users in Cobb County and over 400 in Smyrna. Mayor Bacon said last week we had a local businessman who was left off our bid request list and asked John Patterson to review the bid list and update it to be sure all local businesses are included. Also, we need to be sure that the bids we award are to people that have business licenses in the City. With no further business, meeting adjourned at 9:43 p.m. October 20, 1986 - continued -.'00� *-- X411,00--- A. MAX BACON, MAYOR BOB DAVIS, WARD 1 ERRY , WARD 3 SHINALL, WARD 5 L HUGH RAAAN, WARD 7" WILLOUISE C. SPIVEY, C; L HARRELL, WARD 2 JAMES M. HAWKINS, WARD 4 KATHY BR00 WARD 6