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11-16-1987 Regular MeetingNovember 2, 1987 - continued CONSENT AGENDA: (A) Approval of October minutes. Joel Harrell made a motion the consent agenda be approved. Jerry Mills seconded the motion which carried 6-0. COUNCIL INPUT: Jim Hawkins and other council members asked everyone to continue to remember Jim Tolleson in their prayers. Jim remains in the ICU unit of West Paces Ferry Hospital. With no f h business, meeting adjourned at 8:12 p.m. A. MAX BACON, MAYOR MELiWiTX'bAMhRON, HUGH RAGAN, WARD 7 �/' , BIWA `/HAWKINS, WARD KATHY •O• ,•� November 16, 1987 CLERK The regular scheduled meeting of Mayor and Council was held November 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 except for Jerry Mills who was hospitalized. 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 Reverend Bud Abbott from Smyrna First Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized the players of the Campbell High School 7th Grade Football Team and congratulated them on their winning 10-0 season and Joel Harrell presented sweatshirts to each player. Charles Cook presented the championship trophy to the City Council, to be displayed in the trophy case at City Hall. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were given from the Police Department and Community Development Department. APPEAL OF RECORDER'S COURT DECISION - STEPHEN MATTHEWS: Mr. Matthews was not present and upon made a motion the upheld. Jim Hawkins the recommendation of Solicitor Mike Whaley, Joel Harrell Recorders Court decision in the case of Stephen Matthews be seconded the motion which carried 6-0. CERTIFICATION OF ELECTION RESULTS: Superintendent Linda Smith reported the results of the November 3, 1987 City election. Hugh Ragan made a motion the election results be certified. Bob Davis seconded the motion which carried 6- 0. PUBLIC HEARINGS: (A) Annexation of 2941 and 2951 Jonquil Drive. John Patterson said that Fred Shope had requested the annexation of .69 acres at 2941 & 2951 Jonquil Drive in Land Lot 631. The legal description was read at the October 19, 1987 meeting and it has been advertised. There was no opposition. November 16, 1987 - continued Bob Davis made a motion the property be annexed, to become a part of Ward 1. Jim Hawkins seconded the motion which carried 6-0. (B) Rezoning request - 2941 & 2951 Jonquil Drive from R-20 to General Commercial. John Patterson said that Fred Shope, owner of Auto Cool on Spring Road at Jonquil Drive is planning to expand his present operation if this property is zoned. The site plan submitted with the application shows a 4,500 square foot building with 5 bays. All setbacks and buffers are provided and there are no variances proposed to allow development. There was no opposition. Mr. Shope said they wanted to construct a new building on the two lots and lease out for some type of automotive repair or cleanup facility. Mr. Shope presented pictures of the proposed building which will be separate from his existing building. None of the garage doors on the bays will face Jonquil Drive and Mr. Shope said they could easily meet all parking requirements. Bob Davis said the Planning and Zoning Board had recommended approval of this zoning and made a motion it be approved with the stipulation that all buffer requirements be met as required by code. Joel Harrell seconded the motion and also stated the 10 foot variance granted to Auto Cool some time ago at their present location would no longer be required since it adjoins this proposed development. Vote on the motion to approve the zoning carried 6-0. (C) Rezoning request - 13 acres at Oakley Downs Development from RTD to RAD (Residential Group Project) John Patterson said that John Wieland is requesting the rezoning of this property for construction of a residential group project as provided for under Section 1013 of our code. All yards will be placed in common ownership to be maintained by a homeowner's association. All roads and utilities will be owned and maintained by the homeowners association but each unit will be sold as fee simple. Phase I will contain 11.12 acres and 53 units which averages 4.77 units per acre. Phase II contains about 2.16 acres and will be developed at a later date. John Gillespie represented John Wieland Homes and presented a drawing of the proposed development. These will be fee simple townhomes and will sell in the $135,000 price range. The present density on the site is 9.5 units per acre and while this zoning will reduce the density to almost half, it also allows greater flexibility for their development. Attorney Camp said the RAD classification is more restrictive and gives the City more input. This is a down zoning in terms of density from 9.5 units per acre to 4.77 units per acre. Basically by approving this request tonight, council will be downgrading the zoning and increasing the buffer in some places. Section 1014 of the ordinance also requires that council approve the final plat before construction can begin. Bob Davis said the Planning and Zoning Board had recommended approval and made a motion the zoning be approved with the following stipulations: 1) That the project be developed as per plats presented tonight 2) That a 40 foot buffer strip be placed at the rear of the property line where it abuts Highland Subdivision, using the existing building setback 3) The side yard setback on the north and south sides be 35 feet instead of the 25 feet indicated in the original site plans. 4) No curb cuts other than the existing curb cut for Oakley Downs on Campbell Road. Jim Hawkins seconded the motion which carried 6-0. (D) Beer and wine package license - Fitzgeralds Convenience Store, Pat Mell Road and Atlanta Road. John Patterson said that Janice V. Ferguson has requested a license for the sale of packaged beer and wine for the new Fitzgeralds Convenience Store on Atlanta Road at Pat Mell Road. The location meets all distance requirements and the police investigation was favorable. There was no opposition from the audience. November 16, 1987 - continued Ms. Ferguson said she understood our ordinance and knew she would be the person responsible for it. Their employees are taught to never sell beer or wine without a picture identification and if there is any question about the age, to refuse the sale. They also have policy guidelines they require their employees to sign when they are hired and have various other means of training their employees to ensure they are in compliance. Kathy Brooks stated everything appears to be in order and made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. (E) Liquor, beer and wine package license - Freddies Package Store, Kenwood Plaza Shopping Center. John Patterson said that Freddie Douglas Mack, Jr. has made application as owner and license holder for packaged liquor, beer and wine at 4924 South Cobb Drive, in Kenwood Plaza. This is a new location. The police investigation was favorable and there was no opposition from the audience. Hugh Ragan said Kenwood Plaza is part of the Highlands Park Development on South Cobb Drive. Hugh asked Mr. Mack if he had read and understood our ordinance as it relates to the sale of alcoholic beverages. Mr. Mack said he did, and also understood that if he was found in violation the license would be suspended. Mr. Mack said he did not hold any other licenses and had never been in this business before. Jim Hawkins asked about the distance requirements for this location. Mr. Mack said there were 6 homes within the 200 foot radius and he had obtained waivers from 4 of the 6 owners and made every attempt to contact and receive approval from the other two but was unable to do so. Hugh Ragan said our ordinance does not recognize county residents and specifically refers to residential property within the City in the section dealing with distance requirements. Hugh Ragan said he had always disagreed with the verbage and still did; however, it is specific and this application tonight does meet ordinance requirements according to the City Attorney. Hugh said the police investigation was favorable, the staff investigation was complete and notice of the hearing tonight was posted and advertised. Hugh said the license meets all requirements and made a motion it be approved. Bob Davis seconded the motion which carried 6-0. (F) Variance request - reduction in parking requirements from 4.5 to 2.5 spaces per 1,000 square feet for Heilig-Myers Furniture, South Cobb Drive @ Church Road. John Patterson said that Mike Savage is representing the owner in this request to reduce the parking ratio. Heilig-Myers is relocating their store to the southwest corner of Church Road and South Cobb Drive. The site plan submitted shows two buildings, one with 14,850 square feet and one with 24,750 square feet of space. The smaller building will be for some other retail use and the larger building is for the futniture store. A total of 120 parking spaces are provided for the two buildings, which breaks down into a ratio of 4.5 spaces for the retail building and 2.1 spaces for the furniture store. There was no opposition. Mike Savage said they are the present land lords for Heilig Myers and they have several years left on their lease at the present location which will be demolished for the new construction of the K-Mart Shopping Center. The existing store now has 17 parking spaces for 20,000 square feet of floor space and the variance they are requesting will provide 62 spaces for 24,000 square feet. Mr._ Savage said the number of spaces they have now is more than enough and furniture stores simply do not require a large number of parking spaces. Mr. Savage said many other cities require only 2.5 spaces per 1,000 square feet. Jim Hawkins said our code establishes parking requirements with the zoning category and not with each individual business type. Jim Hawkins said from looking at his copy of the plat there appeared to be plenty of room to get the number of required spaces and there is a 45 foot strip of property between the right of way and parking indicated that is apparently not being utilized. Jim said variances are granted on a hardship and could not support the request. Jim made a motion the variance be denied. Joel Harrell seconded the motion which carried 5-1 with Jack Shinall opposed. (G) Variance request - side yard reduction from 50 feet to 40 feet for Smyrna Radiator, 2210 Atlanta Road. November 16, 1987 - continued John Patterson said that Ralph Grady is requesting a reduction of the north side setback from 50 feet to 40 feet for his new radiator shop at 2210 Atlanta Road. His present location has been acquired by the State Department of Transportation for the widening of Atlanta Road. There was no opposition. Mr. Grady said he wanted to construct a 40 x 100 foot building on this lot which abuts Smyrna Garden Apartments on the north and west side with the King Williams Building on the south side. The variance requested is on the north side, adjacent to the apartments. Mr. Grady said he could not build without the variance because the lot narrows from 100 feet on the rear to 90 feet on the front. This will be a pre-engineered building with 4 bays and an office. Kathy Brooks asked if all parking requirements could be met. Mr. Grady said 25 spaces are required by code and the Engineer said he would be able to meet those requirements. Kathy Brooks said the State has condemned the present location and until he receives payment from them, has asked that he be allowed to gravel just the back 13 parking spaces at the rear of the building and asphalt those in the front. Mr. Grady has agreed to pave those spaces within 6 months, when he receives payment. If settlement is not reached within that time, he must come before council to request an extension. Kathy Brooks also stated the 25 parking spaces must be outside, and the area inside the bays cannot count toward his parking requirements. Also, no outside storage will be allowed. After further discussion Kathy Brooks made a motion the variance be approved with the stipulation that a 10 foot visual buffer be maintained along the northern side and a planted 10 foot buffer on the Atlanta Road side and also that temporary permission be given to gravel the 13 spaces at the rear of the building until payment is received from DOT for his other property. If paving is not completed within 6 months, Mr. Grady will have to come back to council for an extension of time. Jack Shinall seconded the motion which carried 5-1, with Joel Harrell opposed. (H) Variance request - front yard setback from 50 feet to 35 feet at 2800 and 2810 North Avenue. John Patterson said that Bill Davis is requesting this variance for the Whitfield Plantation development at the intersection of Whitfield Street and North Avenue. The property is zoned RTD which requires a minimum front yard setback of 50 feet. The original site plans showed the detention pond being partially located within a 20 foot alleyway owned by the City but since then it was determined that the alleyway was being fully utilized by an adjoining property owner. The detention pond was shifted to the north, impacting the placement of the last building of the development. There was no opposition to the variance. Mr. Davis said this is the last building of the development and there is only one other house on North Avenue which sits about 20 feet off the road. They are about 75% complete and the development has a total of 7 buildings. Mr. Davis said without the variance they could still construct the building, but from a marketing standpoint it would be difficult to sell. Mayor Bacon said that Jerry Mills could not be here tonight but he had indicated earlier that he had no objections to the variance. Jack Shinall made a motion the variance be granted. Jim Hawkins seconded the motion which carried 6-0. FORMAL BUSINESS• (A) Approval to request bids - roofing of Church Street Center. Kathy Brooks made a motion bids be accepted for the re -roofing of Church Street Center. Jack Shinall seconded the motion which carried 6-0. (B) Validation of signatures to annex Nickajack Community Center - Church Road & Old Concord Road. John Patterson said signatures had been obtained from owners of the Nickajack Community Center for annexation of this one -acre lot. Once the property is annexed, the Clean City Commission will lease the building and use it for meetings, storage, etc. Attorney Camp read the legal description 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 November 16, 1987 - continued 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 the 17th District, 2nd Section, Cobb County, Georgia and being a part of Land Lot 341 and being more particularly described as follows: Beginning at an iron stake on the east side of Old Concord Road, then in an easterly direction on the line of the property of Nell Cobb Williams, 150 feet to an iron stake, then in a southerly direction 290 feet approximately to an iron stake on the north bank of Church Road, then in a westerly direction 150 feet approximately, along the north bank of Church Road to the intersection of Church Road and Old Concord Road, then in a northerly direction 300 feet approximately, to an iron stake and 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: s/LELAND E. WILLIAMS, EDGAR P. LOGAN, BOBBY T. BOURNE, C. M. COBB Jack Shinall made a motion the signatures be validated and the public hearing date set for December 7, 1987. Jim Hawkins seconded the motion which carried 6- 0. (C) Approval to request bids - cabs for backhoes. Joel Harrell made a motion bids be accepted for cabs for the 2 backhoes in the Public Works Department. Jim Hawkins seconded the motion which carried 6-0. uTn AWARnC- (A) Refuse collection truck. John Patterson said bids were recently received for a new 16-foot flat dump truck for the Sanitation Department as follows: Nalley Chevrolet $22,172.16 Fouts Brothers $25,000.00 Days Chevrolet $24,828.00 Joel Harrell made a motion the low bid of $22,172.16 be accepted from Nalley Chevrolet. Bob Davis seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: CONSENT AGENDA: Nothing to report. (A) Approval to surplus equipment from Street Department. (B) Approval of stop signs at Fleming/Grady Street (C) Temporary permit for emission control kiosk at Belmont Hills Jack Shinall made a motion the consent agenda be approved. Joel Harrell seconded the motion which carried 6-0. COUNCIL INPUT: Bob Davis and all other council members asked everyone to keep Jim Tolleson, Jerry Mills and Carl Harrison in their prayers. Jack Shinall reminded members of the Community Development Committee of their meeting Wednesday at 6:00 p.m. Hugh Ragan congratulated his colleagues on council for being re-elected and also to Wade Lnenicka who will be the new councilman from Ward 2. Hugh Ragan also announced the 2nd annual Tour of Homes sponsored by the Bennett Woods Garden Club to benefit Open Gate on December 6th from 1:00 to 6:00 p.m. Kathy Brooks said there will be a fashion show this Friday night, with some of our local elected officials modeling silk fashions at Cold Springs Park. Proceeds will also go to a good cause. November lb, 1987 - continued With no further business, meeting adjourned at 9:20 p.m. ,/ - A. MBACON, R MELINDA DAMERON, CI CLERK v _ , BOB DAVIS, WARD 1 EL LL, WARD JERRY MILLS, WARD 3 401oCK SHINALL, WARD 5 HUGH RAGAN, WARD 7 MAW November 29. 1987 A special called meeting of Mayor and Council was held November 29, 1987 at Smyrna City Hall. The meeting was called to order at 4:00 p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jerry Mills and Hugh Ragan. Also present was City Attorney Charles E. Camp and City Clerk Melinda Dameron. Mayor Bacon said the purpose of this meeting was to set the date for a special election in Ward 7 to fill the seat which will be vacated by Hugh Ragan, who will be running for the Senate seat previously held by Jim Tolleson. Jack Shinall said Mr. Ragan has not resigned his seat here and he had a problem with setting the election date before he officially resigned. Mr. Camp said that when Mr. Ragan qualifies, he will automatically vacate his seat on council. Mayor Bacon stated he wanted to have the election on December 29th, which will be the same date of the Senate election for the convenience of the voters and also to hold down cost. By setting the December 29th election today, we will meet the requirements of our Charter and State Code. Mayor Bacon said everyone had been notified of the meeting and he had talked to Hugh Ragan about setting the election date and he has no problem with it. Attorney Camp said there were three things to consider about setting the dates for the election; the election must be held the 29th day after the seat becomes vacant, qualifying has to be 15 days before that, and to the best of his recollection, you must have at least 3 days to qualify. After further discussion, Joel Harrell made a motion the special election for the Ward 7 council seat be held December 29th, subject to receipt of Hugh Ragan's resignation. Jim Hawkins seconded the motion which carried 4-1, with Jack Shinall opposed. Jim Hawkins made a motion the qualifying dates for the election be set for December 7-9, 1987. Kathy Brooks seconded the motion which carried 4-1, with Jack Shinall opposed. Jim Hawkins made a motion that Linda Smith be appointed Election Superintendent. Bob Davis seconded the motion which carried 5-0. Mayor Bacon also said he would be making committee changes by making Kahty Brooks chairman of the Finance & Administration Committee with Jim Hawkins being added as a committee member. Hugh was also a member of the Police Committee and he would ask Bob Davis to serve on that committee to replace Hugh. Also, he would ask Jack Shinall to replace Hugh on the Annexation Committee. Jack Shinall stated he thought the meeting was improperly called for today, and any action taken may be voided. With no further business, meeting adjourned at 4:18 p.m.