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03-03-1980 Regular Meeting (2)March 3, 1980 The regular meeting of Mayor and Council was held pursuant to the Charter on March 3, 1980 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance and Administration Director Gunter Newsom, Police Chief R. E. Little, Public Works Director Jim David, Parks and Recreation Director Bill Johnston, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Citizens Reports: Phyllis McDaniel represented a group of concerned citizens calling themselves Save Old Smyrna, initiated by herself and her business partner. After remodeling and making improvements to their building they talked with other business people and merchants along Atlanta Road, and met with Mayor Frank Johnson as well as Councilmen Mills and Tolleson before undertaking this restoration and facelift project. She stated there were several civic groups interested in becoming involved in their project. They are seeking Federal or private funding and requested the help and cooperation of Mayor and Council in their efforts. Rezoning: Kermit E. Clonts requested his property located at 1230 Concord Road be rezoned from F.C. to 0&I to be used for an office for a home improvement company. Mr. Frank Garner of Garner Realty Company represented Mr. Clonts, the seller. Mr. Rowland, the purchaser of the property, stated he planned to do some remodeling to the front of the building to improve the appearance. The Planning and Zoning Board had recommended the rezoning with the stipulation that there be no outside storage and no curb cut on Concord Road. Mr. Ward Proctor, a resident of Hunter Street, expressed his concern that there would be parking on Hunter Street which is a narrow one-way street, and already congested during baseball season. He was also concerned that there may be another curb cut on Hunter Street. Mr. Rowland stated there was ample space behind the building to provide adequate parking for his needs and there would be very few, if any, customers to come to the office. Also, there would not be any telephone solicitation from the office. Mr. Proctor stated he was not object- ing to the rezoning, he just wanted a clarification of what was planned for that location. Following further discussion, Max Bacon made a motion the rezoning be approved, with the stipulation that there be no outside storage.and no additional curb cuts. Jerry Mills seconded the motion which carried by a 7-0 vote. Malt Beverage Package License: James Milton Fite requested a malt beverage package license for the Cumberland Amoco at 2535 Cobb Parkway, which is a change of owner- ship. There was no objection to this request. Jack Shinall made a motion the license be approved. Jim Tolleson seconded the motion. In answer to a question from Jerry Mills, Mr. Fite stated he was familiar with the State law and City ordinances concerning the sale of malt beverages. Vote on the motion carried by a 7-0 vote. Amendment to Ordinance: Jim Hawkins stated that the Planning and Zoning Board had recommended that a new section 713, Office -Distribution District (OD) be added to the zoning ordinance. Jim made a motion that the. Code of Ordinances of the City of Smyrna, Georgia, be amended by adding a section to be numbered 713, to read as follows: "The intent of this section, in establishing,the OD District is to provide for office and distribution facilities not involving the manufacturing, fabrication, repair or servicing of any commodity or product and for limited commercial activities not devoted primarily to the retail sale of merchandise. Within any OD, Office -Distribution District, the following uses shall be permitted: 713.1 Financial institutions, including banks and savings and loan establish- ments. 713.2 Health clubs and other similar physical fitness establishments. 713.3 Hotels. 713.4 Motels. 713.4.1 Mini warehouses for self -storage only. 713.5 Offices, including the following: (1) Offices of health service practitioners, including physicians, chiropractors and other licensed practitioners similar to those listed. (2) Other professional offices, including legal, accounting, auditing, engineering, architectural, and others similar in character to those listed. (3) General business offices, including financial, real estate, insurance, manufacturers and sales representatives, and others similar in character to those listed, provided that no goods are for sale at retail. (Continuation of March 3, 1980 Meeting) (4) Governmental offices, including Federal, State, County and City. 713.6 Office supply establishments, including accessory printing operations. 713.7 Parking lot and parking garage, both private and public. 713.8 Planned Office Development in accordance with the provisions of Article X, Section 1012. 713.9 Public buildings and uses other than those already permitted, provided that there is no outdoor storage of equipment and materials. 713.10 Retail sales and services accessory to the operation of an office building, institutional use, motel -or hotel, conducted wholly within the building housing the use to which such activities are accessory, provided that the floor space used or to be used for such secondary uses shall be limited to twenty-five (25) square feet per room in hotel or motel, or ten (10) percent of the net floor area in an office building or institutional use, and provided that: (a) Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure: (b) No show window, advertising or display shall be visible from the exterior of the primary use structure; and, (c) No merchandise shall be stored or displayed outside of the primary use structure. However, the requirements of (a) and (b) above shall not apply to restaurants and cafeterias secondary to a hotel or motel and office building or institutional use; these secondary uses may be located in a structure other than the primary use structure. The follow- ing accessory uses are permitted: (1) Barber shops, beauty shops, laundry and dry cleaning pickup and distribution stations and other similar personal service establishments. (2) Book stores (3) Drug stores and apothecary shops (4) Florists (5) Convenience food stores (6) Gift shops (7) Cafeterias and restaurants (8) Lounge and/or package store for the consumption, and/or sale of alcoholic beverages (9) Newsstands 713.11 Wholesale trade sales and distribution establishments and warehousing facilities, including offices." This section is being added to the ordinance specifically for mini warehouses which are presently being placed in Light Industry, the most open zoning classification we have. This would eliminate placing mini warehouses in an industrial zoning classi- fication. This section was deleted from the ordinance two years ago and is being added back exactly as it was, with the addition of mini warehouses. Conceivably, a piece of property could be zoned LI for mini warehouses and after a period of time a light industrial plant could be placed on the site without rezoning. Ward Proctor stated he felt the title of Office -Distribution would be misleading to any- one who saw the zoning signs posted. Mayor Johnson assured Mr. Proctor that this was strictly an upgrading of our ordinance, to offer greater protection in areas where we would not care to have Light Industry. Following further discussion, John Steely seconded the motion which carried by a 7-0 vote. Jerry Mills stated he had a letter from Lanny Mulkey, a resident of Gilbert Street and Ward 3, requesting a residential business license and creation of an ordinance allowing for modeling agencies in the City. Mr. Mulkey presented a letter from the adjacent property owners stating they had no objection to the operation of this business from Mr. Mulkey's home. This would be strictly a telephone business from his home, where he would place professional models for his clients. Jerry stated that as the representative from that area, he would have to state that he was opposed to granting the permit and allowing any commercial establishments on Gilbert Street. Mr. Mulkey said there would be no exterior manifestations of a business, no signs and no commercialization. In response to a question from Jim Tolleson, Mr. Mulkey explained that he recruited models of various ages, both male and female, and he maintained a color portfolio of them in various types of clothing and costume. The portfolio is made available to people requesting the services of a professional model, at their office, home, or a designated meeting place. Jerry Mills said it was the policy of the Council to approve a permit only with the approval of all residents within 300 feet of the proposed business and he did not have the signatures of all those persons. Mr. Mulkey replied that he had secured (Continuation of March 3, 1980 Meeting) the signatures of everyone involved, with the exception of one person who was out of the country at the time. Mr. Mulkey stated there was a possibility that he would occasionally interview models in his home. The photographs used would be models in any stage of,,*dress, and could be nude or semi-nude. Jerry Mills made a motion that the request be denied. Jim Hawkins seconded the motion. Jim Tolleson stated he felt the request should be placed before the committee for consideration. Vote on the motion to deny carried by a 5-2 vote. Jerry Mills, Jim Hawkins, John Steely, Elbert Coalson and Jack Shinall voted for. Max Bacon and Jim Tolleson voted against. Jim Hawkins informed Mr. Mulkey he would call for a committee meeting to look into his request for creation of an ordinance, and invited him to attend. The City Clerk will notify Mr. Mulkey of the date and time of the meeting. Residential Business License: Mr. Joe D. Smith, Sr., Smith Superior Design Company requested a residential business license for his home at 2360 Beaver Creek Road for the purpose of designing mechanical machinery. Mr. Smith presented a petition signed by all the residents within 300 feet of his home stating they had no objection to the office. Also, there will be no outside signs or displays. Elbert Coalson made a motion the license be approved and the petition be made a part of these minutes. John Steely seconded the motion which carried by a 7-0 vote. Appeal of Recorder's Court: Mr. James E. Allen, Docket #38783, requested an appeal before Mayor and Council concerning the decision of Recorder's Court on February 21st. Elbert Coalson made a motion the appeal be heard on March 17, 1980. Jack Shinall seconded the motion. John Steely stated that since he had been on Council he had heard probably 15 or 20 appeals from Recorder's Court and asked if there was some provision for charging persons requesting the appeal. Attorney Chuck Camp stated that Section 40 of the Charter provides for the cost of the fee to appeal to Superior Court after the Council has ruled, but at this moment there is no provision for covering any cost in the case. The•City is now paying each police officer subpoenaed $15.00 for his appearance. Vote on the motion to hear the appeal carried by a 7-0 vote. John Steely requested a joint meeting of the Inspection and Finance Committees for the purpose of creating an ordinance allowing the City to charge a fee for appellants when they come before Mayor and Council. There were no commercial building permits to come before Council. Validation of Signatures: Harris Fennell, Pastor of Smyrna Assembly of God requested annexation of property in LL 529. The request was read as follows: "We the undersigned, who constitue sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and con- tiguous 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: PARCEL 1: All that tract or parcel of land lying and being in Land Lot 529 of the 17th District of the 2nd Section of Cobb County, as shown on Plat by J-. S. Ross and Associates for Estate of Mary Owen Nations, dated March 9, 1979, and being more particularly described as follows: BEGINNING at a point located on the south line of said Land Lot and the west side of King Springs Road; thence south 89 degrees, 16 minutes, 21 seconds west a distance of 401.62 feet to an iron pin, point and corner, thence north 1 degree, 05 minutes, 23 seconds west, a distance of 199.54 feet to an iron pin -located on the southerly side of a driveway owned by The Cobb County Board of Education; thence north 89 degrees, 8 minutes, 28 seconds east, a distance of 322.77 feet to the westerly side of King Springs Road; thence south 22 degrees, 31 minutes, 42 seconds east, along the westerly side of said road, 215.70 feet to the point of BEGINNING. PARCEL 2: All that tract or parcel of land lying and being in Land Lot 530 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northwest corner of Land Lot 530, thence running east along the north line of said Land Lot for a distance of 402 feet to a point on the west side of King Springs Road; thence running southwesterly along the west side of said road for a distance of 915.9 feet; said point being the intersection of the west side of King Springs Road with the west Land Lot line of Land Lot 530; thence north along the west Land Lot Line for a distance of 740:8 feet to the point of BEGINNING. (Continuation of March 3, 1980 Meeting) 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/HARRIS FENNELL, PASTOR, SMYRNA ASSEMBLY OF GOD" John Steely made a motion the signatures be validated, and the date of public hearing be set for April 7, 1980. Jack Shinall seconded the motion which carried by a 7-0 vote. Validation of Signatures: Smyrna Assembly of God requested annexation of property located in Land Lots 526 and 555. The request was read as follows: "We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and 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 Land Lots 526 and 555, 2nd Section, 17th District, Cobb County, Georgia, being Lot 11, and more particularly described as follows: BEGINNING at an iron pin marking the intersection of the northwest side of Marion Street with the southwest side of Lee Street; running thence northwesterly, along the southwest side of Lee Street, 3.9 feet to an iron pin marking the southeast corner of Lot 10; running thence westerly, along the south line of Lot 10, 326.4 feet to an iron pin; thence south 86 feet to the northwest corner of Lot 12 marked by an iron pin; running thence easterly, along the north line of Lot 12, 246.9 feet to the northwest side of Marion Street; running thence northeasterly, along the northwest side of Marion Street, 115.7 feet to the point of BEGINNING. 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 60% of the electors resident in the area described below: s/HARRIS FENNELL, JANET FENNELL, ANN B. FENNELL 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/HARRIS FENNELL, PASTOR and DANNY R. HOLCOMBE, SECRETARY" Jack Shinall made a motion the signatures be validated, and the date of public hearing set for April 7, 1980. Jerry Mills seconded the motion which carried by a 7-0 vote. Variance Request: Mr. and Mrs. Bob Bourne at 2816 Parkwood Road requested a variance from the ordinance to enclose a carport at their home, which would be within 6 feet of the adjoining property line. A letter from the adjoining property owner, Mrs. Ruby Holloman, 2804 Parkwood Road was presented stating that she had no objection to the carport enclosure. Jack Shinall made a motion that the variance be granted. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion the minutes of February 4, 1980 be approved as submitted. Jim Tolleson seconded the motion which carried by a 7-0 vote. John Steely made a motion the minutes of February 18, 1980 be approved as submitted. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports: (Employee Benefits) Max Bacon made a motion that the City request proposals from insurance companies concerning the adoption of a deferred compensation program to be presented at the first meeting in April. Jim Tolleson seconded the motion which carried by a 7-0 vote. (Sanitation) Max Bacon made a motion the City request bids for a 20-yard rear packer unit for the Sanitation Department, to be opened at the next Council meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote. (Continuation of March 3, 1980 Meeting) Max Bacon encouraged all Council members to participate in the Longest Sprint to be held March 15th. (Finance) Jerry Mills reported the Georgia Power Franchise tax check in the amount of $250,423 was just received, and was about $6,000 less than we collected last year. Jerry made a motion these funds be used to pay off a note at First Bank & Trust for $250,000. Jack Shinall seconded the motion which carried by a 7-0 vote. Jerry Mills stated that in the past, it had been the policy of the City to bill ad valorem taxes in two installments. The first installment is billed in June, and is based on the preceding year's digest; the second installment is billed in the Fall on the current year's digest. Last year we were unable to do these two billings and billed once in the Fall, which caused a cash flow problem for the City and some inconvenience for our taxpayers. The Finance Committee is asking the Mayor and Council for their decision concerning whether the City should bill taxes in two installments this year as has been the policy, or in one installment. It is the recommendation of the Finance Committee, that we follow the long-established policy of billing in two installments. Jerry made a motion that the Mayor and Council of the City of Smyrna reaffirm their policy of two ad valorem tax billings per year. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins stated that at the last Council meeting in November, 1979, a petition with 700 signatures was presented to Mayor and Council requesting a traffic light on Concord Road at the Brown Elementary School crossing. This request was turned over to the Engineering Department and then to the State for their recommendation. Mr. Adams, District Engineer for the State Department of Transportation reported back on February 14th that he had observed the intersection on several different occasions and the vehicle volume was not large enough to meet the minimum vehicular volume warranted for signalization. His recommendation to Jim David was to place two yellow caution lights over each lane, to blink in the mornings and afternoons and be controlled by the crossing guard. Jim David had received a cost estimate of $1700 from the Cobb County Engineering Department for the installation of these lights. Jim Hawkins made a motion that the Mayor and Council approve the installa- tion of these lights, subject to the Finance Committee allocating the funds, as this is not a budgeted item. Jerry Mills seconded the motion which carried by a 7-0 vote. (Police) Elbert Coalson read a letter requesting a parade permit for April 12, 1980, the opening of baseball season. The parade route will be as follows: Leave King Springs Park and go north on South. Cobb Drive to Cherokee Road, then east to Atlanta Road, then south to Spring Road and east to Jonquil Park. They were also requesting a police and fire escort. Elbert Coalson made a motion the parade permit be approved. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mr. Coalson read a letter from Ferrell Bentley, Smyrna Jaycees to Jim Farley, Director of Civil Defense, commending them for their efforts in teaching the CPR course. Mr. Coalson also expressed his appreciation to Jim and the Civil Defense Department. Elbert Coalson made a motion the City purchase a refrigerator for the Police Depart- ment. Jerry Mills seconded the motion which carried by a 7-0 vote. Jim Farley reported that Thursday, March 6th, the City of Smyrna would be participa- ting in the State-wide tornado drill. He did not know the exact time of the drill, but anticipated it would'be during school hours. Jim asked everyone to participate in the drill just as if it were a real tornado watch. John Steely read the following requests for use of the Smyrna Parks and Recreation facilities: King Springs Park - Griffin Middle School Super Family Field Day King Springs Park Softball Field - Pitch, Hit & Run Contest Ward Park Baseball Field & Pressbox - Connie Mack League King Springs Park Concession Building - Smyrna Optimist Club King Springs Park Ballfield - Smyrna Optimist Club Ward Park Concession Stand - Smyrna Colt & Palomino League King Springs Park Large Football Field - Jonquil LaCrosse Club There will be no activities before 1:00 p.m., or after 11:00 p.m. and all activities listed will be on Sunday. The Parks and Recreation Commission had approved the requests, but it has always been the policy of the City for the Mayor and Council to approve all Sunday activities at the parks. John Steely made a motion the permits (Continuation of March 3, 1980 Meeting) be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. Announcements: The CMA Monthly meeting will be held March 11, 1980 at the Marietta Country Club. The next Council meeting will be March 17, 1980. John Steely made a motion bids be requested for thirty dozen softballs, to be opened at the next Council meeting. Elbert Coalson seconded the motion which carried by a 7-0 vote. Meeting adjourned at 9:09 p.m. .March 17, 1980 The regular scheduled meeting of Mayor and Council was held at City Hall on March 17, 1980. The meeting was called to order at 7:30 o'clock p.m. by presiding officer - Mayor Frank B. Johnson. All Council members were present except for Max Bacon and Jack Shinall, who were attending the National League of Cities Conference in Washington. Also present was City Attorney Charles E. Camp, Police Chief R. E. Little, Public Works Director Jim David, Assistant Fire'Chief Hubert Cochran, Parks and Recreation Director Bill Johnston, Building Inspector Len Williams, Civil Defense Deputy Director Dick O'Hara and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. There were no citizen reports. Rezoning: C. M. Lee requested rezoning of 4.942 acres located on Ridge Road, from R-20 to RMC-8 (condominiums). There were quite a number of out -of -city residents present in opposition to the rezoning. Ms. Laura Manor, attorney representing Mr. Lee, requested that this matter be tabled until the April 7th meeting when Max Bacon, councilman from that ward could be present, and also to give them time to interact with the residents in the community concerning their response to the rezoning. Jim Tolleson made a motion the request be tabled. Jerry Mills seconded the motion which carried by a 5-0 vote. Rezoning: Thomas B. Miller requested rezoning of property located at 1359 Spring Street, from 0&I to N.S., for an office facility. Mr. Miller was not present and Jerry Mills made a motion the request be tabled until April 7th. Jim Hawkins seconded the motion which carried by a 5-0 vote. Variance request: R. M. Reeves, 1114 Oakdale Drive requested a back yard variance to allow him to build a carport to within 5 feet of the adjoining property line. A letter from Blake Skelton, the adjoining -property owner, was read stating he had no objections to the construction.- Jim Hawkins made a motion the variance be approved. Elbert Coalson seconded the motion which carried by a 5-0 vote. Chuck Camp stated that Council's main consideration in granting these variances should be the assurance that there is sufficient clearance for a fire truck to enter between the houses. Appeal: Mr. James E. Allen, Docket #38783 requested an appeal of the decision of Recorder's Court on February 21, 1980. At that time, Mr. Allen was found guilty and fined $25.00 for disregarding a traffic (red) signal. Mr. Allen and arresting officer Edwin H. Clack were sworn by Attorney Camp. Mr. Allen stated that on the day in question it was raining and he was traveling south on 280. The light at the intersection of 280 and Pat Mell Road turned yellow as he approached the inter- section and he felt the road conditions made it too hazardous to attempt to stop. Officer Clack stated he was sitting at the traffic light, attempting to make a left hand turn onto 280 when Mr. Allen's vehicle approached the intersection. From the angle he was sitting, he could observe the changing of the light and stated that Mr. Allen's vehicle was approximately two feet to one yard back of the balk line when the light turned yellow. Following discussion, Elbert Coalson made a motion the decision of Recorder's Court be upheld. Jim Hawkins seconded the motion which carried by a 4-0 vote. Jerry Mills abstained. Bid Opening: Bids for one (1) 20-cubic yard M-200 rear loader for the Sanitation Department were opened, read and recorded as follows: Fontaine Truck Equipment Co. No bid P. 0. Box 278, Forest Park, Ga.