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07-15-1991 Regular MeetingJuly 15, 1991 The regular scheduled meeting of Mayor and Council was held July 15, 1991 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 John Steely and Jim Hawkins who was out of town on business. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Communications Director Steve Ciaccio, Personnel Di:-ector Jane Mears, Fire Chief Larry Williams, Public Works Director Vic .3royles, Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Community Relations Director Kathy Barton, Finance Director Emory McHugh, Library Director Laurel Best and representatives of the press. Invocation was given by Pastor Skye Allison, Church of the Nazarene, followed by the pledge to the flag. Mayor Bacon read a letter of resignation from Councilman John Steely effective immediately, stating a recent newspaper article publicizing his financial condition and personal misfo_-tune has been an embarrassment to him and his family. Mr. Steely's letter also stated he does not live in his ward and did not want to try and deceive ---he people of Ward 7 by trying to make them believe he did, and felt the hort:)rable thing to do was resign. Jack Shinall made a motion the rulas be suspended to accept the resignation Bill Scoggins seconded the motion which carried 5-0. Bill Scoggins made a motion the resignation be accepted with regret, seconded by Wade Lnenicka. Jack Shinall and Kathy Jordan expressed their regrets that Mr. Steely had made the decision ',_o resign. He represented his people well and will be missed. Vote on the motioli to accept the resignation carried 5-0. Mayor Bacon said a newspaper article yesterday stated that Mr. Craig Barfield, owner of Smyrna Frame and Art, had been cited by the Police Department for flying two American flags. This is not true but apparently there has been some problem with misinterpretation of the ordinance. Mayor Bacon said he was embarrassed by this incident and apologized to Smyrna Frame and Art for the misunderstanding. our ordinance is not clear because one section prohibits banners and flags and another section excludes the American flag. Mayor Bacon said he would like the Finance and Administration Committee to recommend a revision to eliminate future misunderstandings in the Code. Several years ago, a business on South Cobb Drive displayed 54 American flags and it was felt they 'were being commercialized rather than used as a patriotic display. For that reason, the ordinance has been interpreted as such and we've asked that only one American flag be displayed. On behalf of the Barfields, Attorney Matt Towery thanked the Mayor and Council for the apology and said there does appear to be some vague language and ambiguity in the ordinance and loped the new ordinance would allow as many flags as they could get on their property. Charles Rutledge of 2475 Spring Road said he was upset with the newspaper article as a direct descendent of a signer of the Declaration of Independence and appreciated the Mayor and Council for admitting their mistake. Mayor Bacon read a proclamation honcrinq Chambers Development for sponsoring the Heroes of the Heart Concert II at the Omni this week and presented it to Brenda Head. PUBLIC HEARINGS: (A) Closing of Cliff Crest Drive at read end Wade Lnenicka said that several months ago a request was made by a couple of homeowners in Cedar Cliff Subdivision about Cliff Crest Drive which dead ends on the east side of Vinings Glen and south side of Ridge Road. They asked about closing the road and have submitted a petition with 26 signatures in support. Mr. Lnenicka said signs have been posted on the street and legal advertisements made for the public hearing tonight. Mr. Lnenicka said a Vinings Glen resident whose property is adjacent is represented by Mr. Conway tonight and they have requested a meeting with the neighborhood association. Mr. Lnenicka made a motion this item be tabled to August 5th. Bill Scoggins seconded the motion which carried 5-0. July 15, 1991 meeting - continued (B) Annexation of 119 acres on North Cooper Lake/Sherwood Road Wade Lnenicka said John Steely worked on this annexation before his resignation and was very much in favor of it. The Chet Austin family own a number of acres of property on North Cooper Lake Road extending over to Lake Drive. He has requested annexation of that property and signatures from a number of other adjacent property owners have also been obtained. There was no opposition and Mr. Lnenicka made a motion the annexation be approved and made a part of Ward 7. Bill Scoggins seconded the motion which carried 5-0. (C) Zoning request - 44 acres on North Cooper Lake Road from R20 to RAD (Conditional) Mr. Lnenicka said this request is to rezone 44 acres, a portion of which fronts on North Cooper Lake Road from R20 to RAD Conditional. Mr. Austin is requesting this change in zoning for development of a subdivision with 96 lots. Twenty of those lots will be for cluster homes and the other lots will be basically R15 size lots. All will be single family detached housing with a swim and tennis recreational area. Prices will be from high-$100,000 to low $200,000 with an overall density of 2.3 lots per acre. This was brought before the Planning and Zoning Board which approved the recommendation with 10 different stipulations. Several were opposed and were sworn in with the applicants by Mr. Camp. Mr. Wayne Sturgis stated he had been hired by the Austin family to develop the property to be known as Austin Lakes. A lot of thought and planning has gone into this development of these homes which will complement the Austin home place where his daughter currently lives. The amenity package will be built at the front of the development, next to North Cooper Lake Road. There is also an outparcel of 1.9 acres at the end of Austin Drive which could be used for one or two additional home sites. Mr. Sturgis stated that Ray Redden has been selected to build homes in this community and Mr. Redden presented drawings and pictures of other comparable homes he has built. The cluster homes will be 2400 to 2600 square feet with 3 bedrooms and 2 1/2 baths on small lots. There will be a monthly association fee which will include lawn maintenance. These homes will sell from $175,000 to $210,000. Mr. Lnenicka read the list of 10 stipulations recommended by the Planning and Zoning Board and Mr. Sturgis agreed to each of them. City Engineer Ken Hildebrandt he did not believe a traffic light would be needed at this time but they would ask that the builders provide adequate site distance, a minimum of 350 feet from either direction. Mr. Lnenicka asked if there were any wetlands included in the project. Mr. Sturgis said there was one small area in question and they are working with the Corps of Engineers. If it is determined to be wetland, then they are prepared to meet all Federal, State and local requirements to protect this area. Also, it appears that some of the area might be in the 100 year flood plain and if so, the floor level must be raised before it can be developed. Mr. Lnenicka also reminded Mr. Sturgis that under the RAD classification, specific plans must be approved by council and any changes to those plans must also be approved by council. Sharon Teem of 719 Austin Drive stated that several homeowners voiced their concern at the Planning and Zoning meeting and hoped that council would give this zoning request serious study before making a decision that would impact the people of Ward 7. John Hicks of 159 Oak Forest Drive asked that if the zoning is approved, council require the same stipulations that were made by the Planning and Zoning Board and not waiver from them. Jack Shinall stated he had always had some concerns about the RAD category and asked if they would be willing to stipulate that no more than 20% of the lots be cluster homes. Mr. Sturgis said they are close to that same percentage now, and the proposed cluster homes are no more than 21% of the total development. Mr. Lnenicka said he appreciated the cooperation of the developers and was pleased to have this property in the City. Mr. Austin has proposed a single family detached home development that should complement the surrounding July 15, 1991 meeting - continued neighborhood. Mr. Lnenicka made a motion the zoning be approved from R20 to RAD (Conditional) with the following stipulations: 1) The minimum lost size shall be 7500 square feet 2) The maximum site density excluding out parcels shall be 2.3 lots per acre 3) Minimum front yard setback shall be 10 feet for the 5.9 acre cluster area and 25 feet elsewhere 4) Minimum side yard setback shall be .5 feet with a minimum of 15 feet between houses 5) Minimum rear yard setback shall be 20 feet 6) Minimum lot width at building setback line shall be 70 feet 7) Minimum house size shall be 2000 square feet 8) A 12 foot wide acceleration/de:celeration/deceleration lane shall be provided along North Cooper Lake Road on the entire front of the property being rezoned 9) Sidewalks shall be installed or_ the eastern frontage of North Cooper Lake Road. If the sidewalk location is laid out prior to the City of Smyrna installing a sidewalk on North Cooper Lake Road later this year, the City will install the sidewalk for the developer. 10) The developer is to do a traffic survey to determine if a light is needed and the City Engineer must have access and input into that study. If a light is determined to be needed, the developer will install the light at the developer's expense 11) The site distance in both: d_rections from the entrance shall be a minimum of 350 feet. Bill Scoggins seconded the motion. Jack Shinall said again that he did not like the RAD category but could see from plans submitted tonight that the development will be an asset to the area, but it would need to be carefully monitored to ensure that it is built as presented tonight. Vote on the motion to approve carried 5-0. (D) Annexation of property at 4342 Fawn Lane Wade Lnenicka said the legal description for this annexation was read at the June 15th meeting and it has been advertised for public hearing tonight. There was no opposition to the request and Mr. Lnenicka made a motion the property be annexed at the request of the owner, Pamela Elaine Butler, and made a part of Ward 7. Bob Davis seconded the motion which carried 5-0. (E) Highland Drive/Spring Road, right -in right -out turns only Bob Davis said this item was tabled at the last meeting because there was not sufficient information to make a decision. Several months ago a neighborhood meeting was held with 26 or 27 residents in attendance. The original plan was to close Highland Drive completely at Spring Road because of the high accident rate, but the majority of those at the meeting felt that intersection modifications to allow right -in right -out only turns was a better solution. According to our pc__ice records, there have been 13 accidents at this intersection.in an 18 month period, with one fatality. Betty Turley of 1950 Inverness Road ;stated that on July 4th, she went door to door and surveyed the entire neighborhood and presented a petition with 102 signatures regarding this issue. :seventy-two of those favor the right -in right -out only intersection changes; 21 favor completely closing the street and 9 others made suggestions for other changes. Mrs. Turley also suggested that consideration for a left turn lane on Spring Road onto Glenroy Place be provided at the light if these changes are approved. There were no further comments from the audience and Bob Davis made a motion approval be given to modify the intersection to allow right -in right -out turns only by means of a 6" raised triangular median. Jack Shinall seconded the motion which carried 5-0. (F) Privilege license - liquor, peer and wine pouring - Padre's Original Tex-Mex Restaurant Mr. Murray Hammer submitted an application as the new agent for Padre's Original Tex-Mex Restaurant at 2569 Cobb Parkway. This location has been licensed for several years and in March this year, a license change was made for Paul Mastrangelo. There was no opposition from the audience. Mr. Hammer said he is part-owner and as a resident of Cobb County, met all July 15, 1991 meeting - continued requirements to hold this license. Mr. Hammer said the employees are trained and experienced, and know how to check identification of their customers Mr. Lnenicka urged Mr. Hammer to require that they card everyone rather than attempt to judge their age and reminded him that he would be personally responsible for any violations. The police investigation •was favorable and Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 5-0. (G) Home occupation license - 1023 Oaks Parkway - Ceiling Pro International of Atlanta, GA Mr. Joseph Holland requested a home occupation license for mail and telephone service only from his home. There was no opposition from the audience. Mr. Holland said the nature of his business is to clean ceiling acoustical tiles and his home would be used only for mail and communications. The license is needed to establish a commercial account at the bank and there will be absolutely no business conducted from the home. Mr. Holland said all equipment and chemicals will be kept in a mini -storage building and the only vehicles parked at their home would be their two personal vehicles. Mr. Holland assured council that there woul& be no disruption to the neighborhood with no storage of chemicals, vehicles or equipment and no additional traffic at his home. Jack Shinall reminded Mr. Holland that these licenses are issued temporarily and are reviewed on an annual basis before being renewed. Kathy Jordan asked Mr. Holland when he would move to a commercial area. Mr. Holland said it would probably take about a year, depending on the market for their services. Mr. Holland said he leases the home from Jack Thompson, but Mr. Thompson has no objection to the license being issued. Mr. Shinall stated the City is having problems with others running businesses illegally from their homes in this neighborhood and if complaints are received about this location, he would be brought back before council for a show cause hearing to consider revocation of the license. With no further discussion, Jack Shinall made a motion the license be approved. Wade Lnenicka seconded the motion which carried 5-0. (H) Amusement center license application - Sparkles Roller Rink Mr. Dane Gazaway applied for an amusement center license at Sparkles Roller Rink at 666 Smyrna Hill Drive. Mr. Gazaway and owner Gene Couey were present. There was no opposition from the audience. Mr. Gazaway said the skating club has been open since 1971 and they have had pool tables the last 5 years. The pool tables are not licensed and they did not realize that a separate license was required. Our ordinance also states that minors are not allowed in the room where tables are located, nor allowed to play on such tables. Mr. Gazaway said they have two pool tables but they are closed during school functions and are mainly for the adult age groups, although they are not separated from the other games. Mr. Couey stated they have pool tables at their other locations and have never had any problems. Bill Scoggins made a motion 'this application be tabled for further investigation of ordinance requirements since it appears they are now in violation. Jack Shinall seconded the motion which carried 5-0. (I) Zoning request - 3551 North Cooper Lake Road from R20 to Limited Commercial Mr. James D. Brown requested rezoning of this property, which is a part of the 119 acres just annexed. R15 zoning adjoins this property on the north, east and south side, with Limited Commercial to the west. The Planning and Zoning Board recommended approval, with stipulations. There was no opposition. Mr. Brown said he no longer resided in the house and planned to put an accounting/bookkeeping business there. Mr. Lnenicka asked Mr. Brown if he would be willing to limit the use of the property to professional or business services to exclude day care facilities, beauty shops, etc. and Mr. Brown said he would have no objections to that stipulation. Mr. Camp advised that we may not be able to restrict the use of the property after zoning. Mr. July 15, 1991 meeting - continued Brown said he is renting the property now but the lease expires in February and understood that once the structure is converted to commercial use, it could no longer be used for a residence. John Hicks asked that council also consider a stipulation that no parking be allowed for heavy equipment and that no variances be granted now or in the future. Also, that they be required to maintain noise level so that it does not exceed that in a normal residential area. Mr. Hicks also suggested that these three parcels be the last of any future commercial zoning on North Cooper Lake Road. Attorney Camp advised that council could restrict parking and prohibit certain types of equipment but noise _Level control is vague and it would be difficult to determine the allowable level. After further discussion, Wade Lnenicka made a motion the zoning be approved from R20 to Limited Commercial with the ',ollowing stipulations: 1) That an 8 foot opaque fence be installed in the back where it abuts residential property 2) No outside lights be installed that would disturb neighbors 3) No parking on the property be permitted other than operations automobiles, specifically excluding heavy trucks, construction equipment or like items. Bill Scoggins seconded the motion which carried 5-0. (J) Zoning request - 3561 North Cooper Lake Road from R20 to LC Donna Rankin requested rezoning of this property to Limited Commercial, which was also just annexed. R15 zoning lies to the north, east and south of this lot, with Limited Commercial to the west. The Planning and Zoning Board recommended approval with stipulations, and there was no opposition. Mr. Rankin said this property is also under a one year lease and understood that the same conditions would apply, in that after the property converted to commercial use it could no longer be rented or occupied as a residence. Also, he had no problem with the same stipulations. Wade Lnenicka made a motion the zoning be approved from R20 to Limited Commercial with the following stipulations. 1) That an 8 foot opaque fence be installed in the back where it abuts residential property 2) No outside lights be installed that would disturb neighbors 3) No parking on the property be permitted other than operations automobiles, specifically excluding heavy trucks, construction equipment or like items. Kathy Jordan seconded the motion which carried 5-0. (K) Zoning request - 3531 North Cooper Lake Road from R20 to LC Cecil C. Daniels requested rezoning of this property which was also just annexed. The Planning and Zoning Board recommended the zoning be approved with the same stipulations of the other zonings on North Cooper Lake. Mr. Daniels said they agreed with the stipulations but asked if they would be able to renew the lease currently in place. Mr. Daniels was advised that the lease with his current tenants could be renewed but when the use of -the property converted to commercial, it could no longer be used as a residence. Also, the fence at the rear property line would not be required until the house converted to commercial use. Wade Lnenicka made a motion the zoning be approved as requested with the following stipulations: 1) That an 8 foot opaque fence be installed in the back where it abuts residential property 2) No outside lights be installed that would disturb neighbors 3) No parking on the property be permitted other than operations automobiles, specifically excluding heavy trucks, construction equipment or like items. July 15, 1991 meeting - continued Bill Scoggins seconded the motion which carried 5-0. FORMAL BUSINESS: (A) Moratorium - pawn and title pawn shops Kathy Jordan stated the ordinance amendment is not complete and made a motion the moratorium be extended to October 7, 1991. Bill Scoggins seconded the motion which carried 5-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of July 1, 1991 minutes (B) Approval to request bids for copier - Community Development Bill Scoggins made a motion the consent agenda be approved. Bob Davis seconded he motion which carried 5-0. COUNCIL INPUT• still priority will probably be those projects. Wade Lnenicka said the drainage improvement projects were items but the wet weather has delayed them considerably. It the end of July or August before they can expect to complete Mr. Lnenicka read a portion of the most recent Grand Jury regarding the jail facilities and congratulated Ch4af Mock cn an excellent report. Laurel Best reported on library activities and said their opening had been somewhat delayed, but they hoped to be open for business in the new building on July 22nd. Overdue fines are being waived during the moving period. Mr. Lnenicka stated that John Steely represented his constituents well and he stated his positions honestly and from the heart based on what he thought was right and best for the City. While they may not have agreed on all issues, they worked together well for the betterment of the citizenry. There are some very positive things he will leave behind in the City and hopefully we can get someone appointed quickly to fill his place. Mr. Lnenicka wished him well and that he had enjoyed serving with him. Bill Scoggins called on Kathy Barton and Sherry Reavis for a report on the grand opening of the new facilities scheduled for August 3rd. Mr. Scoggins also stated that John Steely was a friend and he would be missed by all. Jack Shinall stated that all the projects delayed by rain would be completed by Public Works before new ones were started. Participation in the pilot recycling program has gradually increased to 57% the last 2 months. The first group of recyclable products sold for $791 which equates to $.40 per household per month versus the cost of $2.00 per month per household that we pay for this service. The Public Works committee will be reviewing those figures and making a recommendation in the near future. Mr. Shinall said the proposals for the acceleration/dec6leration lane at Smyrna Towers will be received within the next 2 weeks and they would make a recommendation at the next meeting. Mayor Bacon said we would be making an appointment from Ward 7 to replace John Steely; hopefully within the next 24 to 48 hours. Our Charter allows an appointment to be made if the vacancy occurs within 6 months of the election. With no further business, meeting adjourned at 9:51 p.m. A. MAX BACON, MAYOR NIS, WARD 1 FROM A, - - .D .•D BREAM.