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08-15-1977 Regular MeetingAugust 15, 1977 The regular scheduled meeting of Mayor and Council was held August 15, 1977 at City Hall, Smyrna, Georgia. Presiding Officer Mayor Arthur T. Bacon called the meeting to order at 7:30 o'clock P.M. All Councilmen were present. Also present was City Attorney Chuck Camp, City Clerk Willouise Spivey, Director of Finance Gunter Newsom, Police Chief Everett Little, Director of Parks and Recreation Lee Silver, Building Inspector David Granade, Director of Public Works J. E. David and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Attorney John McWorter, Sonny Giles, State Secretary for the Fraternal Order of Orioles and Dan Burns, Vice President for the Fraternal Order of Orioles, Smyrna Chapter appeared before Council asking for a temporary license permit to operate a bingo parlor at 3268 South Cobb Drive. Mayor Bacon advised them that a permit of any kind could not be issued until the fingerprint report was received from the FBI, and to date it has not been received. Chief Little stated he would be glad to meet with Mr. McWhorter at any time but no action could b e taken until the FBI report had been received. Doyle P. Wheeler, 835 Lake Court, and three of his neighbors were concerned about a ditch which was dumping water onto their property. Mr. Wheeler stated that on May 5, 1977 the City of Smyrna dug a ditch 300 feet long, 3 feet wide and 4 feet deep on the Lance Oil Property and to date nothing had been done about it. Jerry Mills stated that Cobb County has approved a contract to pipe the ditch and work would be started in approximately thirty days. Mayor Arthur Bacon presented a Distinguished Service Certificate to Al Brooke for his years of service to the City by serving as Chairman of the Planning and Zoning Board. Mayor Bacon thanked Al for the good job he had done and expressed his regrets that he had to resign. Lee Silver introduced the coaches of the Smyrna Girls Softball Association who presented Mayor and Council with tournament trophies. Parks and Recreation Chair- man C. 0. Canada, Elbert Coalson and Jim Tolleson accepted the trophies for the City. They are as follows: Junior Girls - 5th District GRPS Softball Championship - Team #1 - Jarrelle Bulloch Junior Girls - 5th District GRPS Softball Runner-up - Team #2 - John Wilson Midget Girls - 5th District GRPS Softball Runner-up and Midget Girls - Peaches and Cream Championship - Johnny Davis Mayor Bacon thanked the coaches and players and stated the City was real proud of the accomplishments of the Smyrna Girls Softball Association. Jonquil Sporting Goods, for the second year, nominated the Smyrna Parks and Recreation Department for the National Gold Medal Award, and for the second year it has been judged one of the five finalist. Terry Clayton of Jonquil Sporting Goods presented the award to Parks and Recreation Director Lee Silver and Parks and Recreation Chairman C. 0. Canada. The winner will be announced at the NRPA Congress in Las Vegas in October. Attorney Ben Smith represented Dr. R. L. Lindwall in his rezoning request on property located at 2345 Spring Road (formerly 2843 Carolyn Drive), from R-15 to 0-I. Mr. Smith stated that Dr. Lindwall would like to move his office to Smyrna if the property was rezoned to 0&I. He said Dr. Lindwall would suffer a great loss if the property was not rezoned, as it was valued at $26,500 as residential and would be valued at $60,000 if zoned 0&I. He has a permit from the State Highway Department for a driveway to be cut into Spring Road, allowing ingress and egress to Spring Road. Dr. Lindwall said he planned to make a parking lot to accommodate six or eight cars, that his office hours were 9-1to 12 and'2:�until 6-p.m:-`.and would not. interfere with children going to and from school, that a buffer of holly was already between the two houses but he would put up another buffer if necessary. Mr. Smith stated that 0&I zoning would not lower the value of the property in the area, and as per current zoning rulings, the only way an 0&I zoning could be re- fused would be if damage was caused to the adjoining area. Steve Turly of 2815 Carolyn Drive was spokesman for the opposition. He said he had just purchased a 'f home on Carolyn Drive for $36,500 and the rezoning would lower the value of his property. Another resident from the area said she could not see how Dr. Lindwall could lose money on the property since he purchased it as residential. After discussion, Jim Tolleson made a motion the rezoning be denied for reasons listed by the Planning and Zoning Board, which are (1) property does not meet the Zoning (Continuation of August 15, 1977 Meeting) Ordinance required set back (2) the required lot size (3) it does not comply with the Future Land Use Map and (4) it will further congest an area that is al- ready a problem. Rem Bennett seconded the motion and the vote was unanimous. d Jerry Mills made a motion the Zoning Ordinance be amended by adding the following: Section 708-R-HR. Residential High -Rise District The R-HR District is comprised of suitable vacant or open areas where high density residential development appears likely to occur. The intent of this section in establishing the R-HR District is to promote and encourage attractive high density multi -family housing in a suburban setting, compatible with surrounding uses and within the capability of existing public services and facilities. Within any R-HR Residential High -Rise District, the following uses shall be permitted: 708.1 Multi -family uses. 708.2 Apartment Development in accordance with the provisions of Article X, Section 1009. 708.3 High-rise Apartment Development in accordance with the provisions of Article X, Section 1015. 708.4 Public uses, including buildings, structures and uses of land by a unit of government provided there is no outdoor storage of equipment, vehicles, or materials. Section 711 - 01. Office Institutional District 711-23 High-rise Apartment Development in accordance with the provisions of Article X, Section 1015. Section 906 - Reauired Parking Spaces 906.15 Multi -Family, High-rise Apartment Developments (Standard) 1.75 parking spaces per dwelling unit. 906.16 Multi -family, High-rise Apartment Developments (Senior Citizen): One (0.5) parking space per dwelling unit. Section 1015 - Development Standards for High-rise Apartment Development 1015.1 Terms: For purposes of this section, two categories of high-rise apartment development are recognized; senior citizen high-rise apart- ment development; and standard high-rise apartment development. Senior citizen high-rise apartment development shall be any such structure designed for the exclusive use of senior citizens or the elderly. For the purposes of this section, senior citizens or the elderly are defined to be persons 62 years of age or older or married couples in which one of the spouses is 62 years of age or older or is handicapped. Standard high-rise apartment development is defined as any type of high- rise apartment other than those designed for senior citizens. 1015.2 Permitted Uses: Permitted uses within a high-rise apartment shall be limited to: high-rise multi -family dwellings; and retail sales and personal services accessory to the operation of a high-rise apartment 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 a total of twenty-five (25) square feet per dwelling in a high-rise apartment development and further provided that: (1) Every public entrance to such a use shall be from a lobby, hallway, or other interior portion of the primary use structure. (2) No show window, advertising or display shall be visible from the exterior of the primary use structure. (3) No merchandise shall be stored or displayed outside of the primary use structure. 1015.3 Buffer Area: A buffer strip with a minimum depth of ten (10) feet adjacent to every exterior property line shall be provided, except in cases where the use abuts a single-family residential district, then a seventy-five (75) foot buffer shall be provided. 1015.4 Density: The maximum number of dwelling units allowed shall be sixty-six (66) per acre in a standard high-rise and eighty (80) per acre in a senior citizen high-rise. (Continuation of August 15, 1977 Meeting) 1015.5 Distance Between Buildings: Buildings within the development, if separated, shall be not less than eighty (80) feet apart. 1015.6 Height Regulations: No high-rise apartment building shall exceed twelve (12) stories or one -hundred forty-five (145) feet or be less than four (4) stories or firty-five (45) feet in height. All high-rise apartments must be approved by the Fire Chief to insure adequacy of fire protection facilities and services. 1015.7 Lot Coverage: Not more than eighty (80) percent of the lot area shall be covered by buildings and other structures, including parking. 1015.8 Off -Street Parking: The number of parking spaces shall conform to the re- quirements specified in Article IX of this Ordinance. 1015.9 Minimum Floor Area: For a standard high-rise apartment development, the minimum floor area requirements of the RHR District shall apply. For a senior citizen high-rise apartment development, the minimum floor area for a dwelling unit shall not be less than 415 square feet. 1015.10 Setback and Yard Requirements: All setback and yard requirements in Article VIII-A for the R-HR District shall apply unless otherwise indicated in this Section. 1015.11 Senior Citizen Special Requirements: The following special requirements shall apply to Senior Citizen high-rise apartments: (1) Any senior citizen high-rise building shall contain a minimum of ten (10) square feet per unit of enclosed public space on the ground floor of such a building, so as to provide for meeting and recrea- tional rooms, activity, and social centers, and similar uses. (2) Provisions shall be made for insuring architectural barriers to the movement of elderly and handicapped are minimized. ; 1015.12 Street Access Requirements: Such projects shall be permitted only on a site which would have access to a major or minor thoroughfare. Jim Hawkins seconded the motion and the vote was unanimous. New American Development Corporation, agent for Amterre Development, Inc., re- quested 3.50 acres located on the back portion of Cobb Center Parking lot be rezoned from G.C. to Residential High Rise. There was no opposition to the rezoning. John Schindelar, representing the New America Development Corporation stated they wished to build a high rise, approximately ten (10)" stories high, for the elderly. Chuck Holmes, architect for the Corporation explained the plans and stated they would meet all codes and ordinances of the city. He stated the water pressure would be measured and if it were not sufficient to reach the top floors they would install a booster pump. The complex will cost approximately five million (5,000,000) dollars, and will consist of 190 units. The building will have a sprinkler system, outside balcony with each unit, the building design will blend with Cobb Center, there will be a first floor lounge with recreational facilities, art & crafts shops, but would not have any shops competing with the shopping center. All FFA regulations have been met. Ed Finn, Vice President of New America Development Corporation said the building would be built under Section 8 Housing Assistance payment plan. The U. S. Government would subsidize the rent but the building would be privately owned. No one under 62 years of age, except the spouse of someone 62 or over will qualify to live there. Their income must be no more than $9700 per year for a couple and $8500 annually for a single person. Rent would be 25% of the persons income. Mr. Finn recommended the City of Smyrna pass a resolution setting the priorities for renting the project. After further dis- cussion Elbert Coalson made a motion the property be rezoned from G.C. to Residential High Rise, with the occupancy priorities as follows: (1) first priority will be given to those eligible applicants currently living and/or employed in the City of Smyrna (2) second priority will be given to those eligible applicants whose children and/or grandchildren live or work in the City of Smyrna (3) third priority will be given to those eligible applicants who have lived in the City of Smyrna (4) fourth priority will be given to those eligible applicants who live and/or work in Cobb County. C. 0. Canada seconded the motion and the vote was unanimous. Only one (1) bid was received for the three new police cars. It was opened, read and is recorded as follows: Neal Pope -Ford - (3) 1978 Ford LTD 4-Door @ $5,802.93 - Total $17,408.79 Rem Bennett made a motion the bid be turned over to committee with authority to act. C. 0. Canada seconded the motion and the vote was unanimous. (Continuation of August 15, 1977 Meeting) C. 0. Canada made a motion to reject all bids for the wrecker service contract at this time and turn them back�over'to committee. Jim Tolleson seconded the motion. Mr. Canada stated council wanted to redraft and spell out the specifi- cations more clearly. Jerry Mills stated that according to our present ordinance junk cars could not be stored in the city for more than thirty (30) days and we would be violating our own ordinance if we signed a contract allowing the wrecker services to store the cars in the city. Mr. Canada said we must amend the ordinance clarifying storage of vehicles, before the contract was awarded. Larry McIntyre of Cumberland Gulf Service questioned the -reason for rejecting the bids, stating he was low bidder and felt the.contract should.be awarded to him. Mr. McIntyre was assured there was no discrimination or cover, but that Council simply must amend the ordinance and clarify the storage of vehicles. Vote on the motion to reject all bids was six to one. Jim Tolleson, Bill Darby, C. 0. Canada, Elbert Coalson, Rem Bennett and Jerry Mills voted for the motion. Jim Hawkins voted against. Rem Bennett made a motion to approve amendments to the Code of Ordinances, Chapter VI, Article I, Section 6-7, (a), (b), (c), (d) and (e) as read into the minutes of August, 1977 and add (f) as follows: (f) Notwithstanding the other provisions contained herein, in the event an owner shall apply for a contractor's permit for renewal of an existing residential structure or construction of a new residence said fee shall be refundable after a period of 12 months occupancy by said owner and application is made for such refund within 18 months of date of said license. Jim Tolleson seconded the motion and the vote was unanimous. Commercial building permits were submitted by Building Inspector David Granade and upon his recommendation the following action is recorded: (1) Lums, 2375 South Cobb Drive, requested a permit to remodel the interior of the existing building. Plans met the building code and the requirements of the Fire Marshall. Rem Bennett made a motion the permit be granted. Jim Tolleson seconded the motion and the vote was unanimous. (2) Bill Lucas, 3255 Atlanta Road, requested a permit to erect a metal building at this location to use as a tire store. Plans met the building code and require- ments of the Fire Marshall. C. 0. Canada made a motion the permit be approved. Jim Tolleson seconded the motion and the vote was unanimous. (3) Bill Lucas, 3255 Atlanta Road, requested a permit to erect a metal building behind the main building to be used for tire storage. Plans met the building code. Jerry Mills made a motion the permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. Lee Silver, Director of Parks and and Recreation, reported that due to the final redistribution of the property at West Smyrna Park, a new site plan must be obtained before any work can begin. C. 0. Canada made a motion to approve a new site plan to fit the new acreage, at a cost not to exceed $1000. Jim Hawkins seconded the motion and the vote was unanimous. Jerry Mills requested approval to send out bids for (1) Portable Tandem Roller and (1) Air Compressor, approved in the Revenue Sharing Budget, for the Streets Department. Rem Bennett seconded the motion and the vote was unanimous. Jerry Mills stated that he and Jim Hawkins had discussed with Public Works Director Jim David, the feasibility of a caution light at Church Street and Stephens Street. Mr. David agreed with them that a caution light was needed and Jerry Mills made a motion a caution light be installed at Church Street and Stephens Street for a cost of $459.78. Cobb County will install the light. Jim Hawkins seconded the motion and the vote was unanimous. The date set to review the 1976-77 fiscal year audit was August 22, 1977 at 7:00 o'clock p.m. T_ Due to the first Monday in September being Labor Day, Bill Darby made a motion the next council meeting be held on the second Monday night, September 12, 1977. 5 Jerry Mills seconded the motion and the vote was unanimous. Mayor Bacon introduced Cobb County Sheriff Bill Hudson and Lynn Martin. (Continuation of August 15, 1977 Meeting) Committee Reports Elbert Coalson read a letter of resignation from David A. Robinson, member of the Planning and Zoning Board. Mr. Robinson stated he must resign due to` -his moving outside the city. Elbert Coalson made a motion his resignation be"'accepted: C. 0. Canada seconded the motion and the vote was unanimous. Elbert Coalson made a motion George Griffin of 541 Benmac Road be appointed to the Planning and Zoning Board, effective September 1, 1977, representing Ward 6. C. 0. Canada seconded the motion and the vote was'unanimous. Jim Hawkins reported that Claude Eason's term on the Parks and Recreation Commission expires in September and he made a motion he be reappointed. C. 0. Canada.seconded the motion and the vote was unanimous. No citizens input. There being no further business, the meeting was adjourned at 9:13 p.m. August 22, 1977 A special called meeting of Mayor and Council was held August 22, 1977 to review the 1976-77 Fiscal Year Audit. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:00 o'clock p.m. All Councilmen were present. Also present was Attorney Chuck Camp, City Clerk Willouise Spivey and Finance Director Gunter Newsom, along with the Auditor, Wallace Pate. Invocation was given by Elbert Coalson. C. 0. Canada made a motion the meeting be an official council meeting in order to conduct other business. Rem Bennett seconded the motion and the vote was unanimous. Mayor Bacon read a letter from Police Chief Little stating the investigation of Frank Livsey Boykin, Jr. did not reflect any factors that would prevent him from being granted a license under the Bingo Ordinance to operate a bingo game. Inspector David Granade stated in his letter the application meets all restrictions and/or requirements of the City of Smyrna Bingo Ordinance. C. 0. Canada made a motion a license to operate a bingo game at the American Legion Post 160, 1264 Legion,Drive, be granted to Frank Livsey Boykin, Jr. Rem Bennett seconded the motion and the vote was six to one in favor of the motion. Jim Hawkins abstained. Bids for one (1) 4/6 ton portable tandem roller and one (1) air compressor were opened, read and are recorded as follows: Tandem Roller Air Compressor Blalock Mach. & Equipment Co. $15,990.00 No bid Tri State Tractor Company 15,906.00 No bid R. S. Armstrong & Bros. Co. No bid $4,314.00 Attachments 676.30 Trade In-150.00 i Jerry Mills made a motion the bids be turned over to committee with authority to act on the low bid. Elbert Coalson seconded the motion and the vote was unanimous. Mayor Bacon stated that we requested bids on three (3) new police cars which were opened at the last meeting. One police car has since been wrecked and permission was asked to order four (4) cars at the low bid price. Jerry Mills made a motion four cars be ordered. Bill Darby seconded the motion and the vote was unanimous. r C. 0. Canada made a motion the meeting be adjourned at 7:15 o'clock.p.m. Elbert T{ Coalson seconded the motion and the vote was unanimous.