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04-03-1978 Rgeular MeetingApril 3, 1978 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on April 3, 1978 at City Hall, Smyrna, Georgia. 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 & Administration Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recreation Therapist Linda Stokes, Public Works Director James E. David, Civil Defense Director Jim Farley and -representatives of the press. Mayor Frank Johnson recognized former Council member Homer Kuhl, who gave the invocation, followed by the pledge to the flag. David McNaull of Estelle Court complained of the noise made by the carnival at Zayres. He asked if there was not something we could do to keep the carnivals out of the city. He said the noise and the type people they brought in were deplorable. Jerry Mills stated we had an ordinance regulating carnivals but that we would be discriminating if we did not issue them a license. Jack Shinall said he thought we could do something about it under Section 11-3 (Noise) of the Code of Ordinances. After discussion Mr. McNaull was told that the City Marshal would go by there and see what could be done. He also said the loud speaker at "Turtles" in Belmont Hills Center was much too loud. Zoning request: The zoning request by Marion E. Mann to rezone 629, 645 and 653 Cherokee Road from Limited Commercial to General Commercial was tabled at the March 20, 1978 meeting. Elbert Coalson made a motion this be brought off table. Jack Shinall seconded the motion and the vote was 7-0. John Mann was representing his wife Marion. Allen David led the group opposing this zoning. Both John Mann and Allen David were sworn in by Attorney Charles Camp. Mayor Johnson stated the request was to rezone lots 7, 8, 9 and 10, known as 629, 645 and 653 Cherokee Road from Limited Commercial to General Commercial. He read the recommendations of the Planning and Zoning Board, requesting they be entered into the minutes as exhibit C-1 as follows: "Motions were made by Sam Owens, seconded by Jack Strickland and approved unanimously that the zoning request of Marion E. Mann on lots 7, 8, 9 and 10 Cherokee Road from Limited Commercial to General Commercial be denied for the following reasons: 1) The existing use of the property does now conform to the existing use and zoning of the property in the immediate neighbor- hood. However if the zoning were changed to General Commercial, the use will not conform, at the present time, with the future land use map of the city, projected uses of the property in the neighborhood, or the existing use of adjacent or similar property situated in the neighborhood and vicinity of the subject property. 2) Although the applicant has presented no evidence, nor offered any, to this Board as to anv present or future value of the subject property; the independent study by the Board brings the Board to the conclusion that: a) the property value is not diminished by the present zoning; b) the requested change in zoning will not increase substantially the value of the property to the applicant; c) the refusal to change the zoning will not cause a loss in value to the applicant. 3) The Board finds that refusal to grant the requested zoning will not cause substantial loss in value to applicant; however as the subject property is immediately surrounded by property which is zoned and presently used as either residential or limited commercial, and considering the size, location, use, and access to the subject property, the requested change to General Commercial may have an adverse affect on the neighboring property values causing a loss in value; may cause traffic problems due to ingress and egress which would in effect re-route prospective customers to the neighborhood or cause substantial damage to the residential areas adjacent thereto. 4) The Board finds that the requested change will cause a substantial adverse affect on the aesthetic quality of the neighborhood as no adequate plan or provision has been presented for parking, driveways, curb cuts, preser- vation of green areas or architectural plan has been presented for any use under General Commercial and therefore the Board can only assume that there is no plan made. The subject property does not meet the zoning requirements as to lot size (20,000 square feet) or minimum width at the set back line (100 feet). The Board finds that because of the complete lack of property planning of use under General Commercial of the subject property, the requested rezoning would cause substantial traffic hazards along Cherokee Road due to the existing curb cuts and traffic flow patterns. 5) Due to the lot size, traffic flow, adjacent property uses, topography, and existing structures, the Board finds that the subject property is particularly suited for use under Limited Commercial zoning. 6) The applicant has introduced no evidence to the Board that the subject property.has been or is now vacant as zoned or that the present zoning presents any hardship whatsoever to applicant." Elbert Coalson said John Mann had met with the residents of the area who opposed the zoning and an agreement had been reached that Mr. Mann would.build a six foot (Continuation of April 3, 1978 Meeting) fence between the zoned property and the residential property. This will be'a six foot board wooden fence and would be installed as soon as possible. Mr. Mann stated that for the present he intended to continue to operate a Security Business and an Alteration Shop at these locations, but sometime in the future he planned to tear down these houses and build a one or two story building on the lots. He needed the zoning in order to apply for financing of the building. Elbert Coalson made a motion that 629, 645 and 653 Cherokee Road be rezoned from Limited Commercial to General Commercial, with the stipulation the fence would be installed as agreed upon. Bill Darby seconded the motion. During discussion Jim Hawkins said the Official Land Use Map showed this property Limited Commercial. He was afraid if it was rezoned it would open up the entire street and he was against that. 'Jim Tolleson said he could not vote against the recommendations of the Planning and Zoning Board. Jerry Mills said he thought some changes should be made in the Land Use Map and that we had varied from it before. Elbert Coalson stated there were already several businesses on Cherokee Road and there were no buffers between them and the residential property. Mr. Mann had agreed to put up a buffer and he felt the residents would be better off. Mayor Johnson called for a vote on the motion and it carried 4-3. Bill Darby, Jerry Mills, Elbert Coalson and Rem -Bennett voted to rezone. Jim Tolleson, Jim.Hawkins and Jack Shinall voted against. Bids were opened, read, and are recorded as follows: (1) Grass seed -and fertilizer spreader (Parks) Cobb County Tractor Company (Lily) $715.00 Lawn & Turf, Inc. (Lily) 799.00 Ward Tractor Company (Bogballe) 325.00 Jim Tolleson made a motion bids be turned over tb-the Parks Committee with authority to act. Rem Bennett seconded the motion and the vote was 7-0. (2) One Ton'cab and chassis - 1978 - Water Capital Ford Truck Sales John Smith Company Day's Chevrolet, Inc. Peach State Ford Truck Sales $5,565.45 (figure had been -changed & initialed) 5,070.84 5,115.94 (All prices net, less No bid trade-in) Jack Shinall made a motion bids be turned over to the Water Committee with authority to act. Jerry Mills seconded the motion and the vote was 7-0. (3) Curb Forms - Streets R. S. Armstrong & Bros. $5,295.00 (less 5% 30 days discount) W. C. Caye & Co. 4,667.17 Hamilton -Bryant Equipment 5,437.50 Jerry Mills made a motion bids be turned over to the Street Committee with authority to act. Jim Hawkins seconded the motion and the vote was 7-0. Annexation - C. Lamar and John Dickson requested that property located in LL 412, one parcel of 125' x 228', located behind Dickson's Shopping Center, be annexed into the City of Smyrna. Rem Bennett made a motion the above described property be annexed into the city and become a part of Ward 7. Jerry Mills seconded the motion and the vote was unanimous. Commercial building permits, -in the absence of the Building Inspector, were sub- mitted by Rem Bennett, and are recorded as follows: (1) Lamar Dickson requested a permit to build a car wash on the property just annexed behind Dickson's Shopping Center. The plans had been approved by the Fire Prevention Bureau and Acting Building Inspector John Steely. Rem Bennett made a motion the permit be granted. Jim Tolleson seconded the motion and the vote was unanimous. (2) George D. Haney of 1109 Dell Avenue requested a side yard variance in order to build an extension onto his home. He had secured a letter from the adjacent property owner which read as follows: "I, Robert L. Upton, owner of the property (Continuation of April 3, 1978 Meeting) located at 1121 Dell Avenue, Lot #0486, Smyrna, Georgia, have no objections to Mr. Haney making the additional improvements to his home that are being presented to you for your approval. It is my understanding that once the improvements are made, they will extend 82 feet from my property line. Signed Robert L. Upton, and dated 3/23/78." Rem Bennett made a motion the variance be granted. Jim Hawkins seconded the motion and the vote was 7-0. Rem Bennett reported that John Steely, who had been appointed Acting Building Inspector, had been put on another shift at his regular job with the railroad and he did not know if he would be able to continue as inspector on the parttime basis. He also reported very few applications had been received for this position and it would be advertised againnext week. Rem Bennett made a motion that Section 503, Buffer Strip Required, of the Zoning Ordinance be deleted in its entirety and replaced with new Section 503, to read as follows: "Where any parcel which is zoned and used for commercial, industrial, utility, public or similar purposes abuts a residential district or any other zoning class- ification as herein stipulated, a buffer strip or area shall be required on the common boundary line or lines between such differing classifications as follows: Such buffer strip shall consist of a earthern berm of planted strip, including trees, shrubs, stone, rocks, and other appropriate landscaping materials, and shall be at least ten (10) feet in width for developments of five (5) acres or less; and at least fifty (50) feet in width for developments of five (5) acres or greater, forty (40) feet of which may be a "natural" buffer area. Such plantings shall be composed of evergreen trees and shrubs not less than six (6) feet in height or trees and shrubs which will, in normal growing conditions, attain a height of six (6) feet within three (3) years; earthern berm shall be not less than six (6) feet in height. In order to provide and form a hardy screen of sufficient density and height to both interrupt vision and diffuse the trans- mission of sound all plants used must be first submitted to and approved by the Building Inspector, including but not limited to the following acceptable plants: Slash or Loblally Pines Prunus Caroliniana (Cherry Laurel) Red Tip Photinia Ilex Burfordi (Buford Holly) Elaeagnus Pungens (Elaegnus) Said strip shall be planted and maintained in a healthy, growing condition by the property owner. No such buffer strip shall, however, extend nearer to a street right-of-way line than twelve feet. Where the conditions described in the preceeding paragraph cannot be met, the owner of said buffer area may erect a permanent wall or opaque fence of not less than six (6) feet in height. Except as provided above, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. However, a slope easement may be cleared and grade where required to prevent soil erosion; provided such easement shall be immediately replanted upon completion of easement improve- ments. Such buffer strip shall not be used for parking or a structure other than a fence, wall or drainage improvements required by the city. However, a buffer area may be used for vehicular access and utility easements (only if such used are provided approximately perpendicular to the greater distance of the buffer area) and for drainage improvements required by the city based upon competent engineering studies which show improvements to be necessary, to the satisfaction of Mayor and Council." Elbert Coalson seconded the motion which carried by 7-0 vote. Elbert Coalson made a motion the minutes of March 13, 1978 be approved as sub- mitted. Jim Tolleson seconded the motion and the vote was 7-0. 4. Elbert Coalson made a motion the minutes of March 20, 1978 be approved as sub- mitted. Jim Hawkins seconded the motion which carried 7-0. (Continuation of April 3, 1978 Meeting) Committee Reports: Parks and Recreation Committee - Jim Tolleson reported the deadline for receiving applications for the position of Director of Parks and Recreation was March 31, 1978. Copy of all applications have been given to members of the Parks and Recreation Commission and a meeting will be held April llth to select the top ten applicants. The Certified City paper work has been completed and submitted to Georgia Tech by the Certified Cities Committee. The inspectors will be here, unannounced, within the next two or three weeks. Mr. Tolleson urged everyone to make every effort to have everything clean and attractive. Finance & Administration - Bill Darby made a motion, seconded by Jerry Mills, the note for $250,000 at the Commercial Bank be rolled over for a period of 91 days. Vote on the motion was unanimous. Bill Darby made a motion we secure Arthur Anderson Auditing Firm to do the City of Smyrna's audit this year for a cost of $8,000. Jerry Mills seconded the motion. During discussion, Jim Tolleson asked why. Bill said it was good accounting practices to change auditors at least every five years. Elbert Coalson said he did not understand why we wanted to pay $2400 more for an audit than we had in the past, and asked why the Anderson firm. Gunter Newsom, Finance Director, said he recommended one of the big eight, and Anderson was the only one he had called. Jim Hawkins said he thought we should get prices from others and made a motion this be tabled until we do. Motion lost for lack of a second. Elbert Coalson said he will not vote to pay over $2000 more for an audit. Mayor Johnson called for a vote on the motion which carried 5-2. Jim Hawkins and Elbert Coulson voted against the motion. Street Committee - Jerry Mills said we were having real problems with the backhoe in the Street Department. It is old and too small for the job. He made a motion we request bids to be opened at the next council meeting, on a new, larger backhoe. Jim Tolleson seconded the motion and the vote was 7-0. This-backhoe to be paid from Revenue Sharing ,,funds. Jerry Mills made a motion we surplus the old backhoe, and request bids to be opened at the next council meeting. Jim Hawkins seconded the motion and the vote was 7-0. Jerry said he wanted to make a comment about zoning. He did not like to go against the recommendations from the Planning and Zoning Board and would like for Mayor and Council to meet with the Planning and Zoning Board at the time they are hearing the request. When the hearing is completed, recess for a short while, reconvene and take action immediately. This is Cobb County's practice. Rem Bennett is to look into this possibility. Water Committee - Jack Shinall stated he watched part of the March of Dimes Walk- a-Thon and it was really impressive and for a worthy cause. Jack stated the City Marshal would go by Zayres and check the carnival tonight. He stated the water ordinance was being written by Attorney Camp and he hoped to have a rough draft by the next meeting. Jack Shinall reported the water committee recommended six inch -water mains and two (2) hydrants be installed on Wills Street. Jack made a motion we spend $6,532.25 to replace the two water mains and install the two hydrants, on Wills Street, to be paid from Water Revenue Funds. Bill Darby seconded the motion and the vote was 7-0. Police and Civil Defense Committee - Elbert Coalson said he had a request from Civil Defense Director Jim Farley, to assist Cobb County with the Annual Chattahoochee Raft Race again this year. He estimated the cost of food and other necessary items for our personnel would run between $75.00 to $100.00. Elbert Coalson made a motion the Smyrna Civil Defense assist with the annual Raft Race. Bill Darby seconded the motion and the vote was unanimous. "Wink" Winkenhofer was recognized from the audience, and he stated this raft race was the best on-the-job training the Civil Defense personnel could have. Two years ago our defense personnel saved the lives of two people. Elbert Coalson said it was good to have some new police cars. Inspection Committee - Rem Bennett stated he hoped we could get another Building Inspector soon. (Continuation of April 3, 1978 Meeting) Attorney Charles Camp reported that House Bill 1267, Act 806, amendments to the State Bingo Law, had been signed by Governor Busbee. He has secured a copy of this act and will pass it on to Police Chief Little. He commented that we never know when our efforts will pay off, but this time you stood up and asked questions and took appropriate action. Other jurisdictions took the same action and through the local and Atlanta newspapers and Channel 5 TV, got the publicity necessary for changes to be made in the State Bingo Licensing Act. He read the last sentence of this act as follows.: "The added requirements are designed to ferret out the operations which are merely 'fronts' for organized crime." He commended Council and the newspapers for their action in keeping our community and state safe from organized crime. Planning and Zoning Appeals Board appointments were made as follows: Ward-'l - W. C. McCoy, 2599 Carolyn Drive Ward 2 Ward 3 - Steve Buggay, 2641 Brown Circle Ward 4 - William T. Harvil, 801 McLendon Ward 5 - Charles Cole, 2597 Evergreen Trail Ward 6 - John Porterfield, 2209 Harold Avenue Ward 7 Appointees from Wards 2 and 7 will be announced at the next meeting. Terms of the members are as follows: Two (2) shall be appointed for a term of three years, two (2) for a period of two years and three (3) appointed for a period of one year. Mayor Johnson stated several items had been needed and talked about for years. Among them was the widening of Atlanta Road, expanded facilities for Senior Citizens, expanded facilities for a town meeting place, a fire station on the north- west side near Cobb Center, and the extension of Cherokee Road. He said it was time for these discussions and the past efforts of so many, to become a reality. He appointed Ward 3 Councilman Jerry Mills and Ward 2 Councilman Bill Darby as Co - Chairmen of this committee to get things rolling. They will be the task force necessary to bring in citizen input of those'in our city who already have the expertise, and those interested in the preservation of our downtown section. They will solicit help from local citizens, Cobb County Commissioners, state and national organizations or anyone else who can help. He urges all Councilmen to work with the committee. The Mayor announced the CMA monthly meeting would be at Kennesaw City Hall on April llth, the next Council meeting will be April 17th and the Earlybird Breakfast April 6th. Smyrna Little League Parade will be April 15th and will begin at 12:00 noon. All Councilmen are invited to take part. Meeting adjourned at 9:04 p.m. April 17, 1978 The regular scheduled meeting_9f_Mavor and Council was held at City Hall, Smyrna, Georgia.on.April 17,.'.1978. 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, Director of Finance & Administration Gunter Newsom, Acting Building Inspector John Steely, Police Chief R. E. Little, Fire Chief Don Atkinson,- Director of Public Works James David, Acting Director of Parks & Recreatioii"Sherry Reavis, Civil•'Defense Director Jim Farley and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizens Reports: William Dillard, 3199 Highland Drive asked for a variance in order to build a patio at his residence. He had letters from the adjoining neighbor stating he had no objection to the open patio being built within two feet of the property line. Mr. Dillard said he had talked with the Permit Depart- ment but could not get to the office before it closed today, and wanted to start