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May 7/21, 1990 Council Meeting May 7, 1990 The regular meeting of Mayor and Council was held pursuant to the Charter on May 7, 1990 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 Jim Hawkins who was out of town. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Library Director Laurel Best, Police Chief Stan Hook, Community Relations Director Kathy Barton, Communications Director Steve Ciaccio, Public Works Director Vic Broyles, Fire Chief Larry Williams, Personnel Director Jane Mears, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Michael Carey, pastor of Calvary Presbyterian Church followed by the pledge to the flag. ... Mayor Bacon recognized Senator Hugh Ragan and several students from Smyrna High School. CITIZENS INPUT: Nothing to report. PUBLIC HEARINGS: (A) Annexation of 2.3 acres at Jane Lyle Road and Atlanta Road John Patterson said that Thomas A. Bales has requested the annexation of this property in Land Lot 742 which has been properly advertised following the validation of the petition at the April 15 meeting. There was no opposition. Wade Lnenicka stated this property has been vacant for some time now, and Post Properties is requesting that it be annexed into the City and rezoned at a future date for construction of Phase II of Post Vinings. Wade Lnenicka made a motion the property be annexed into the City and made a part of Ward 2. John Steely seconded the motion which carried 6-0. (B) Annexation of property on Oakdale Road in Land Lots 683 and 684 .... John Patterson stated this April 16th meeting for this Davis, Sam Lawrence, Frank There was no opposition. annexation petition was also validated at the 6.69 acre tract on Oakdale Road owned by Emma L. Farris, Doris Cash Pruitt and Sara Louise Hames. John Steely made a motion the property be annexed into the City and made a part of Ward 7. Kathy Jordan seconded the motion which carried 6-0. (C) Annexation of 14 acres on Hurt Road in Land Lot 195 and 196 John Patterson this property made a part opposition. said which of the that Billie Jo Cozzolino has requested the annexation of fronts on Hurt Road. The legal description was read and minutes of the April 2, 1990 meeting. There was no Jack Shinall made a motion the property be annexed and made a part of Ward 5. Kathy Jordan seconded the motion which carried 6-0. (D) Annexation of Mighty Casey's on Spring Road at Hargrove At the request of the applicant, Bob Davis made a motion the annexation be continued to the next meeting. Wade Lnenicka seconded the motion which carried 6-0. (E) Privilege license - beer and wine pouring - Rackem & Roll, 3231 South Cobb Drive .... Mayor Bacon stated that Jim Hawkins could not be here tonight and would prefer to be present for this hearing. Jack Shinall made a motion the license be tabled to the May 21st meeting. Kathy Jordan seconded the motion which carried 6-0. (F) Variance request - off premise sign location for Wendy's, South Cobb at Kenwood Drive John Patterson allow an off Kenwood Drive. stated that Wendy's International is requesting a variance to premise sign for their new restaurant on South Cobb Drive at The sign would be located on the north side of Highlands May 7, 1990 meeting - continued Parkway near South Cobb Drive. There was no opposition. Mr. John Goss represented Wendy's and stated they realized the majority of their business would come from employees at Highlands Park and have obtained a permanent easement on the abandoned Oakdale Road right of way for access from Highlands Parkway. This entrance would eliminate the need of traveling on South Cobb Drive to get to the restaurant. Mr. Rick Vaughn with Highlands Park has approved the sign which will be a low monument type, no larger than 25 square feet. John Steely made a motion the variance be approved as requested. Jack Shinall seconded the motion which carried 6-0. (G) Variance request - side yard setback at 3698 Alpine Drive -- John Patterson stated that Mr. Marvin E. Darby has requested a variance from 10 to 3 feet on the side yard setback at his home to construct a 24 x 24 garage for his cars and lawn equipment. There was no opposition. Mr. Darby said the recent tornado had caused damage in excess of $25,000 to his property. In addition to losing seven large trees, his utility building was destroyed. Mr. Darby said he would like to rebuild a 24 x 24 garage to house his vehicles and store lawn equipment. Repositioning of the garage to comply with building codes would require removal of five additional trees. A letter was submitted from the adjacent property owner stating they had no objections to the variance. John Steely made a motion the variance be approved as requested. Kathy Jordan seconded the motion which carried 6-0. (H) Variance request - side yard setback at 2743 Sanford Road John Patterson stated that Mr. M. P. Barron had requested this variance from 10 feet to 1.5 feet for a carport addition. There was no opposition. Mr. Barron said he wanted vehicle and protect it from adjacent property owners stating to install a carport to his home to house the weather. A letter was obtained for they had no objections. his the -- Jack Shinall made a motion the variance be approved to allow the addition to within 1.5 feet of the property line. Kathy Jordan seconded the motion which carried 6-0. (I) Variance request - side yard setback at 1077 Dell Avenue John Patterson stated that Mr. Brian Walter is requesting a variance to reduce the side yard setback from 26 to 15 feet for an attached carport and utility room. When completed, the entire house will be covered with vinyl siding and will appear that nothing has been added. There was no opposition. Mr. Walter said this is a rental house and he has had difficulty leasing it because there are no washer/dryer connections. The entire addition would be built over the existing driveway will be almost completely shielded from Hollis Street by a very tall and thick row of trees and bushes. He had also talked with the neighbors about the addition and had received no opposition. Jack Shinall made a motion the variance be approved as requested. John Steely seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Home occupation license - Earl Wise, 2127 Argyle Drive -- John Patterson stated that Mr. Earl Wise has requested a license to operate a business, E&T Distributing, from his home. The nature of the business will be to distribute and sell snack foods but the home will be used only for an office. There will be no evidence of a business at the home and no signs or other forms of advertising will be used. Wade Lnenicka stated Mr. Wise would only be conducting telephone sales from his home and the products would be shipped from the manufacturer directly to the customer. This is a new business and there was a need to establish the business in the home to avoid rent and overhead cost. Signatures have also May 7, 1990 meeting - continued been obtained from property owners within a 300 foot radius of Mr. Wise indicating they had no objections. Mr. Lnenicka made a motion the license be approved, seconded by John Steely. Jack Shinall questioned Mr. Wise about how business would be conducted. Mr. Wise stated he will distribute snack foods but the only business conducted at his home will be telephone sales by calling the manufacturing and having orders shipped to his customers. They are working with Head Tobacco Company now and hope that will be a major account for them. After further discussion, vote on the motion to approve the license carried 6-0. (B) Road Validation of signatures to annex 5.93 acres - Oakdale Road at Watkins .. Attorney Camp read an application for annexation of 5.93 acres in Land Lot 684 as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as 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 Land Lot 684 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: .. Beginning at the corner formed by the intersections of Land Lots 683, 684, 685 and 686 and running south along the east land lot line of Land Lot 684 a distance of 732 feet more or less; thence northwest a distance of 322 feet more or less; thence north a distance of 163 feet more or less to the southern right of way line of Watkins Road; thence westerly along the southern right of way of Watkins Road a distance of 381 feet more or less to the east side of Oakdale Road; thence northeasterly along the east side of Oakdale Road a distance of 232 feet more or less to a point; thence leaving said right of way and running southeasterly a distance of 325 feet more or less; thence north a distance of 250 feet more or less to the north land lot line of Land Lot 684; running thence east along the north line of Land Lot 684 a distance of 321 feet more or less to the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 684 of the 17th District, 2nd Section, known as Oakdale Road (being a 70' right of way) and being more particularly described as follows: Beginning at the centerline of Oakdale Road at the southern right of way line of Southern Railroad, said property being a strip of roadway 70 feet in width, lying 35 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Oakdale Road a distance of 898 feet more or less to the intersection of Oakdale Road with the south right of way of Watkins Road. 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/MRS. LLOYD (VIOLET) GANN AND MRS. ORA GREEN John Steely made a motion the petition be validated and the public hearing set for June 4, 1990. Jack Shinall seconded the motion which carried 6-0. (C) Validation of signatures to annex property at 545 Concord Road .. Attorney Camp read the annexation application by Wanda Lee Hanson for her property consisting of .4256 acres on Concord Road as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as 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: May 7, 1990 meeting - continued All that tract or parcel of land lying and being in Land Lot 339 of the 17th District, 2nd Section, Cobb County, Georgia, and being Lot 1, Block C, Unit One, Concord Woods as shown per plat recorded in Plat Book 21, Page 8, Cobb County Records, and being more particularly described as follows: BEGINNING at the intersection of the northwesterly right of way of Concord Road and the northeasterly right of way of Concord Woods Drive and running thence northwesterly along the northeasterly right of way of Concord Woods Drive 110 feet to an iron pin; running thence northeasterly 165 feet to an iron pin; running thence southeasterly 110 feet to an iron pin on the northwesterly right of way of Concord Road; running thence southwesterly 172 feet along the northwesterly right of way of Concord Road to the northeasterly right of way of Concord Woods Drive and the point of beginning. ...... WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/CHARLES KEITH ST CLAIR Witness the hands and seals of 60% of the record title holders of the land described above: s/WANDA LEE HANSON John Steely made a motion the petition be validated and the public hearing set for June 4, 1990. Wade Lnenicka seconded the motion which carried 6-0. (D) Amendment to Municipal Court Bond Schedule John Steely adding the Georgia. made a following motion the Municipal Court Bond Schedule be amended by violations, in accordance with the Official Code of Seatbelt Law (40-8-76.1 (adults) Seatbelt Law (40-8-76 (children) Window Tinting Law (40-8-73-1) $15.00 $25.00 $35.00 Kathy Jordan seconded the motion which carried 6-0. (E) Amendments to ordinance ...... John Steely made a motion the Code of Ordinance be amended by revising Sections 5-8, 5-11, 5-12, 5-13, 5-14, 5-20, 8-4, 8-5, 8-6, 8-10, 8-11, 8-12, 8-13, 8-14, 8-17, 8-18, 21-1, 21-2, 21-3, and 21-4. These amendments are to revise the Court and Criminal Procedure, Bail Bondsmen and Traffic regulations in accordance with the Official Code of Georgia. Many of these amendments are language changes only and will change the terms of "Recorder" and "Recorders Court" to "Municipal Court Judge" and "Municipal Court". These amendments will also revise the appeal procedure from the Board of Councilmen to the Superior Court of Cobb County, and will also change the form of warrants to be used as approved by the Mayor and Council. Kathy Jordan seconded the motion which carried 6-0. (F) Amendments to Charter John Steely said there are also several amendments that must be made to the Charter in conformance with the Official Code of Georgia. John Steely made a motion the following Charter amendments be approved for advertisement and a public hearing on June 4, 1990. Section 30 This section which prohibits the sale of intoxicating beverages in the City of Smyrna will be repealed and deleted in its entirety. ...... Section 35 Will change the terms of "police court" to "municipal court" and also change punishment of offenders. Section 35(a) 36, 38 and 39 Changes the terms "recorders court" and recorder" to "municipal court" and "municipal court judge." Section 40 Revises the appeal procedure from the Board of Council- men to the Superior Court of Cobb County. Kathy Jordan seconded the motion which carried 6-0. The complete revisions May 7, 1990 meeting - continued will be on file in the City Clerk's office at City Hall. (G) Appointment to Clean City Commission - Ward 5 Jack Shinall made a motion that Ann Bishop be reappointed to the Clean City Commission representing Ward 5. John Steely seconded the motion which carried 6-0. (H) Set election and qualifying dates for Civil Service Board member John Patterson stated that Ted Farland has resigned from the Civil Service Board effective June 4, 1990 and an election must be held in the Police and Fire Departments to fill the position for the remainder of the term. This is ... a 6 year term which will expire July 10, 1994. John Steely made a motion the election be held June 1, 1990, with qualifying May 14-18 in the City Clerk's office from 8:00 a.m. to 5:00 p.m. Wade Lnenicka seconded the motion which carried 6-0. BID AWARDS: (A) Tire machine for garage Jack Shinall Company, the carried 6-0. made a motion the tire machine be awarded to Doug Duggan low bidder at $5,769.00. Kathy Jordan seconded the motion which COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to close Powder Springs Street, Hamby Street and Fuller Street for new construction (B) Vaccination policy for firefighters, emergency medical technicians and sworn police officers (C) Approval of minutes: April 2 & 16, 1990 ... Jack Shinall made a motion that items (A) and (B) on the consent agenda be approved. Bill Scoggins seconded the motion which carried 6-0. John Patterson stated the closing of Powder Springs and Hamby would be temporary, during construction only. Wade Lnenicka made a motion the minutes of April 2, 1990 be approved as submitted. Bob Davis seconded the motion which carried 5-0, with Kathy Jordan abstaining. Kathy Jordan made a motion the minutes of April 16, 1990 be approved as submitted. Bob Davis seconded the motion which carried 5-0. with Jack Shinall abstaining. APPEAL OF RECORDERS COURT - MANDY BOWLING Mayor Bacon stated the appeal by Mandy Bowling had been withdrawn earlier tonight and John Steely made a motion the decision of the Judge be upheld. Kathy Jordan seconded the motion which carried 6-0. COUNCIL INPUT: Bob Davis welcomed Ken Hildebrandt, newly employed as city Engineer to replace Mike Hutchinson in the Community Development Department .. Wade Lnenicka gave a library report and stated the first organizational meeting of the Friends of the Library met Friday night and another meeting is scheduled for Tuesday night at City Hall. Bill Scoggins said the Arts and Crafts Festival was well attended despite the rain on Saturday and commended the Parks Department and Clean City Commission. Jack Shinall said he had received several calls following the recent newspaper article stating that the City was considering giving up residential sanitation pickup. That article was probably misunderstood because the City has been considering a recycling program, either in-house or contracted to outside companies but it would have nothing to do with normal garbage and trash service. They are considering a test program which would May 7, 1990 meeting - continued involve 1,000 discuss their locations at Jonquil Park, area. homes and three private vendors proposals. Mr. Shinall said the City five different sites; Smyrna Hill Tolleson Park, Fire Station #1 and are being interviewed to is establishing recycling Drive sanitation office, Four Seasons mall parking Jack Shinall stated he would support a Local Option Sales Tax program to fund the new construction in Smyrna as an alternative to property tax increases and would address this proposal in more detail at a later date. Kathy Jordan also stated the Arts and Crafts Festival was very successful and well organized. Mrs. Jordan reported that she had recently become a grandmother again; her daughter Joanna gave birth to Taylor Alan Long on May 3 rd. ....., John Steely gave a progress report from the Annexation Committee and said they will continue their aggressive annexation policy. Mayor Bacon also welcomed Ken Hildebrandt to his first meeting and first day on the job. Mayor Bacon stated that on May 6th, the Smyrna MUST Ministries had their dedication in their new building and we were very pleased that we could help them locate in the downtown area. Also on Friday, April 27th there was a very good article in the Marietta Journal about the downtown development and hopefully in about one year we will begin to enjoy the improvements and will have a complex that we will all be proud of. With no further business, meeting adjourned at 8:37 p.m. ~~{$ ~ A. MAX BACON, MAYOR fI1IIIIII --<...- May 21, 1990 The regular scheduled meeting of Mayor and Council was held May 21, 1990 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. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic Broyles, Personnel Director Jane Sargent, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Police Chief Stan Hook, Communications Director Steve Ciaccio, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best and representatives of the press. Invocation was given by John Hearst, pastor of Mount Zion Baptist Church followed by the pledge to the flag. ....., Jack Shinall read a proclamation for Smyrna Dairy Queen, honoring them for 35 years of business in Smyrna and presented it to Doug Stoner. Mayor Bacon introduced Kevin Johns and Stan Wise, both candidates for the Eastern District Commission seat. CITIZENS INPUT: Nothing to report. May 21, 1990 meeting - continued PUBLIC HEARINGS: (A) Annexation of Mighty Casey's located at Spring and Hargrove Road John Patterson stated that Quik construction of a new convenience the City. There was no opposition. Trip is purchasing this property for store and have requested annexation into Bob Davis made a motion the property be annexed into the City subject to the site plan presented and approved by the City Engineer, and made a part of Ward 1. Wade Lnenicka seconded the motion which carried 7-0. (B) Privilege license - package beer and wine sales - Quik Trip, Spring and ... Hargrove Bob Davis made a motion the package license be continued meeting since the public hearing notices have not been property. Wade Lnenicka seconded the motion which carried 7-0. to the June 4th posted on the (C) privilege license - beer and wine pouring sales - Rackem & Roll, 3231 South Cobb Drive John Patterson stated that Mr. James Larry Wright has requested a license for a billiard room with beer and wine at 3231 South Cobb Drive. The police investigation was favorable and there was no opposition. Mr. Wright said this would be a family recreation center with billiards and a few electronic games. A delicatessen area and bar area will also be provided for sandwiches, hot dogs and other deli-type foods but they will not have a fully equipped kitchen. Jim Hawkins said there is some concern that an establishment such as this would be able to meet the 60% food sales as required by the Code and asked Mr. Wright if he felt he could meet that requirement. Mr. Wright said he would, because he is going into the billiard and game room business, and not for the alcoholic beverages. The City ordinance requires the billiard room to close at 11:00 p.m. and they would prefer to stop beer and wine sales at that -.. hour and be allowed to keep the tables open until later but it seems the nature of the business to have food and beverages available at all times. Kathy Jordan asked if beer and wine would be allowed at the tables. Mr. Wright stated it would probably be served anywhere on the premises since there will be tables located between the billiard tables. Jack Shinall asked about the minimum age limit and Mr. Wright said the way the ordinance reads, minors are not allowed. They do intend to operate a family business and he would like for them to be able to play if they are accompanied by a parent. Mr. Camp said the question of minors being allowed on the premises is governed by State law and he would have to check into it. John Steely stated that although Mr. Wright has stated no one under 18 will be admitted, he could foresee problems with minors outside the establishment and felt it should be closely supervised. Wade Lnenicka asked Mr. Wright how he would check ages of his customers since we have had recent problems involving alcoholic beverage sales to minors. Mr. Wright said they would check drivers licenses before being served. -.. Discussion followed about parking and Mr. Wright stated there are 46 spaces provided in the shopping center and the two other businesses in the center close at 5:00 and 6:00 p.m. during the week, and most of his business would be conducted after those hours. Mr. Wright said he would be open from 11:00 a.m. to 11:00 p.m. Jim Hawkins asked Mr. Wright if he would be willing to add several stipulations to his application; first by adopting a dress code which would prohibit tank tops and shorts for employees and customers alike and second, to prohibit any beer or wine from being served at the billiard and video game area, limited only to the delicatessen area. Mr. Wright said he would be willing to adopt a dress code but felt that it would be difficult to restrict beer and wine to the delicatessen area and thought it would be difficult to enforce, but he would be willing to post a sign to that effect. Jim Hawkins then made a motion the license for an amusement center including May 21, 1990 meeting - continued billiards be approved. John Steely seconded the motion which carried 7-0. Jim Hawkins then made a motion the beer and wine pouring license for this location be approved seconded by John Steely. Jack Shinall said he would not support the motion because he thought it would be difficult to enforce an age limit when you have 18 year olds allowed in the billiard area where beer and wine will be served. Vote on the motion carried 5-2 with Jack Shinall and Kathy Jordan opposed. (D) privilege license liquor, beer and wine package sales for Mr. "T" Bottle Shop, 1184 Concord Road John Patterson stated that Mr. Edward Thomas, Sr. has applied for a package liquor, beer and wine license at this location, formerly Wayne's Package store. The police background investigation was favorable and there was no opposition. - Jim Hawkins stated that he had originally voted against the license for Wayne's Package store because there are two homes within the 200 foot radius. Mr. Rozelle did obtain a waiver from one of the property owners before the license was granted and asked Mr. Thomas if he had obtained such letters. Mr. Thomas said he had not been informed that waivers were required but he would contact the property owners affected. Jim Hawkins made a motion the license be continued to the June 4th meeting. John Steely seconded the motion which carried 7-0. (E) Zoning request Walk Subdivision 25.76 acres from RM8 to RAD for Phase II of Chateau John Patterson stated that Mr. Jack Thompson of Bear Properties is requesting this zoning from RM8 to RAD for single family detached homes for Phase II of Chateau Walk Subdivision. The Planning and Zoning Board had recommended the zoning be approved with several stipulations and there was no opposition. Mr. Thompson said this zoning was for the remainder of their property to complete construction of Chateau Walk. They are requesting smaller homes of 1250 square feet on the west side adjacent to the trailer park on Gray Road on lots 30 through 57 and possibly lot 58 and will provide an adequate buffer between those homes and the trailer park. Price range of these homes will average $98,000. Mr. Thompson said there are 39 homes in Phase I and they are 1800 to 2000 square feet. There are 76 homes proposed for Phase II. -- Jack Shinall stated the present condominiums so this zoning is further discussion, Jack Shinall the following stipulations: zoning is RM8 which would allow over 200 a considerable reduction in density. After made a motion the zoning be approved with 1) Price range of homes be $75,000 and up 2) Minimum lot size be 5700 square feet 3) 75% of the homes contain a minimum of 1350 square feet 4) Lots 30, 31, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 be allowed to have a minimum of 1250 square feet of heated and cooled floor space John Steely seconded the motion which carried 7-0. (F) Zoning request - 7.097 acres at Jane Lyle Road and Atlanta Road from R20 to RM12 for Phase II of Post Vinings John Patterson said that Mr. Dan Faulk of Post Atlanta Partners, Ltd. is requesting the rezoning of this property which is located at the southeast corner of Atlanta Road and Jane Lyle Road. An additional 84 apartment units will be built and Post also plans to reroute Jane Lyle Road to align with Ridge Road. Two people who asked to speak were sworn in along with Mr. Faulk. -- Mr. Faulk presented a letter of understanding from residents of Jane Lyle Road that they had requested be made a part of the minutes. Mr. Faulk said the letter was an agreement that Post would not buy any more of the land in the area within the next 5 years unless 75% of the owners agreed. This agreement would apply to any of the Post partners. Plans were presented of the development for 84 additional units contained in four buildings. There will be no additional amenities. Mr. Faulk said they would also relocate Jane May 21, 1990 meeting - continued Lyle Road as shown on the plans to align with Ridge Road and would move the back entrance for Phase I closer to Atlanta Road away from the residential section. Mr. Faulk said they are also asking for a variance on the setback on the relocated portion of Jane Lyle Road from 30 to 25 feet which is necessitated by the existing utilities. ... Wade Lnenicka said the Planning and Zoning Board had recommended approval of the zoning subject to stipulations that the road relocation be done at their expense and that the Jane Lyle relocation be matched as closely as possible to the Ridge Road alignment as planned by Cobb County to include a left turn lane. Mr. Faulk said they had no problem with either of the stipulations and had already agreed to them. The letter of understanding also did not include names of four of the remaining homes on Jane Lyle because those people have indicated a desire to sell their property and Mr. Faulk said they would be discussing that with them at a later date. Wade Lnenicka asked about easements that may be required on the existing utilities and Mr. Faulk said those would be provided to the City. Mr. Vernon Overton of 2186 Cumberland Drive stated he was not actually opposed to the development but was concerned with the additional water runoff that may be added to his property. Mr. Overton said his home is about 300 feet from the Starvin Marvin and apartments at Atlanta Road and Paces Ferry Road and about 50 feet below level of them. Water runoff from these two developments have caused a severe erosion problem and caused him to lose a good bit of land. Mr. Overton said he was concerned that this additional development would worsen the problem. Mr. Overton was told that the City would control any potential drainage problems with this development and would also work with him and the County to help alleviate the problems he has now having. Mr. Ralph Hancock said he was here previously to oppose a commercial zoning on this property and was pleased with this development because he felt it was the highest and best use of the land. Mr. Hancock said he still was opposed to the extension of Ridge Road through their neighborhood but asked that the City allow Cobb County to complete this project with the Department of Transportation. Mr. Hancock said the runoff problems expressed by Mr. Overton are from developments in the County and also felt that none of his neighbors ... were opposed to the zoning. After further discussion Wade Lnenicka made a motion the zoning be approved as requested with the following stipulations: 1) The relocation of 2) The Jane Lyle planned and now built by intersection 3) New entrance on going out of the apartments 4) Property to the south and east side of the relocated Jane Lyle Road be left as a natural buffer area or landscaped and maintained as a green belt area and not developed 5) Drainage from this property be controlled 6) Construction to be in accordance with plans submitted with this application dated April 12, 1990 Jane Lyle Road be done at no cost to the City Road relocation match the Ridge Road re-alignment as Cobb County to also include a left turn lane at that Jane Lyle Road be engineered for right turns only Bob Davis seconded the motion which carried 7-0. (G) Zoning request - reduce front setback on Jane Lyle Road from 30 to 25 feet - Phase II of Post Vinings ... John Patterson stated that Post Atlanta Partners is requesting a variance on the building setback line from 30 to 25 feet for Phase II of Post Vinings. This variance is necessitated due to the realignment of Jane Lyle Road with Ridge Road. The existing utilities will remain in place thus causing a tight building area for the second phase. Post will swap the existing right of way of Jane Lyle for the new right of way to make both phases of their development contiguous. There was no opposition and Wade Lnenicka approved as requested to reduce the setback relocated portion for Phase II with no effect the motion which carried 7-0. made a motion the variance be from 30 to 25 feet only on the on Phase I. Bob Davis seconded May 21, 1990 meeting - continued FORMAL BUSINESS: (A) Business license request - Huckabee Bonding Company of Georgia John Patterson stated that D. Garry Huckabee and Luke Guidry have applied for a bonding license in the City. Huckabee Bonding Company is located at 2188 Austell Road, with the main office in Chattanooga, Tennessee. Mr. Huckabee is the president of the company and Mr. Guidry, as agent, will be the licensee. Police investigations were conducted on both applicants and there was no opposition. Mr. Huckabee stated never defaulted on bonds he writes and with his application. he had been in the bonding business for 18 years and had a bond. His company has sufficient assets to cover the Mr. Huckabee said he had presented a financial statement ...... Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (B) Home occupation license request - Sathis Menon, 2320 Jay Lane John Patterson stated that Mr. Sathis Menon has submitted an application for his proposed business, S&P Systems to be located at 2320 Jay Lane. Mr. Menon's home will be used for an office only with no additional traffic or any other indication that a business is being conducted there. When there such Tech, questioned by Jim Hawkins, Mr. Menon stated that he understood that could be no customers at his home and the nature of his business is that he teaches computer related courses through his job at Georgia conducted at the customer's training sites. Jim Hawkins made a motion the license be approved seconded by Bill Scoggins. Vote on the motion carried 6-0 with Wade Lnenicka abstaining since his home is within the 300 foot radius of Mr. Menon and his name was one appearing on the petition supporting the license. (C) Ordinance amendment - Section 10-32, Vehicle Warning Lights ..... John Patterson said that green warning lights have been adopted for use as the identification for the operating command post at emergency sites. The green light was selected because it had no other use and was distinct and has been successful. At a recent fire, however, a security company was using a green revolving light which caused confusion as to where the command post was located. This ordinance will restrict the use of green flashing or revolving lights to public safety personnel. Kathy Jordan made a motion the new ordinance be adopted as follows: Sect. 10-32 - Vehicle Warning Lights Green flashing or revolving lights on vehicles are to be used by public safety personnel to indicate the operating command post. Motor vehicles licensed for use on public roads, unless operated by a fire, police, ambulance, or emergency management agency of the City of Smyrna, Cobb County, or State of Georgia and intended to become a command post, shall not be equipped with flashing or revolving green lights. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Artcraft Paint and Body Shop requested a building permit for new construction at 2360 Old Concord Road at a total estimated cost of $90,000. Kathy Jordan made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. ...... (B) Quik Trip Corporation requested a building permit for new construction at 2671 Spring Road (formerly Mighty Casey's) at a total estimated cost of $175,000. Bob Davis made a motion the permit be approved. Jim Hawkins seconded the motion which carried 7-0. BID AWARDS: Nothing to report. May 21, 1990 meeting - continued CONSENT AGENDA: (A) Renovation of building at 1307/1309 West Spring Street John Steely made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka read a letter from a Smyrna resident commending our library staff and reported that tomorrow night at 7:30 the Friends of th Library will have a final organizational meeting. Mr. Lnenicka stated that in two weeks council will hear the rezoning application for property at the corner of Atlanta Road and Quarles Avenue ... This business has been operating from a period of time now but the zoning was never changed to reflect the current use. Bill Scoggins said at the last meeting the City was strongly criticized about the condition of our parks and Tolleson Park in particular. Mr. Scoggins invited everyone to tour the parks now because they are in beautiful condition. Jack Shinall stated at the last meeting he had mentioned the possibility of a local option sales tax as a funding mechanism for the downtown development but has since found that it cannot be done. Any local option sales tax must be passed county-wide with those funds distributed among the different cities. Kathy Jordan reported that citizens can now to register to vote at any fire station as well as the library and city hall. John Steely reported the Annexation Committee would meet on Wednesday night at 7:00 p.m. with residents in the Elizabeth Street area. The newly appointed members who have been asked to serve on the Annexation Committee will also be present. ... John Patterson City's elected Smyrna. read an editorial from WGST radio on April 7th commending the officials for steps they have taken to revitalize downtown meeting adjourned at 9:34 p.m. A. MAX BACON, MAYOR ') I' J (l,(~ :,_~ ^ ~ ... I ., . .. - LETTER OF UNDERSTANDING If our rezoning petition 90-001 is duly approved without any opposition from the homeowners listed on Exhibit A hereto, neither POST ATLANTA nor POST VININGS, LTD. will acquire any of the homes listed on Exhibit A within the next five years unless seventy-five percent (75%) of the then current property owners agree to the acquisition. POST ATLANTA \.J ,~~ Q W. Daniel Faulk, If. ~ President Attachment .... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0' 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M ("') M ("') ("') . - . . . . . . . . . . . . . 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