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December 17, 1990 Council Meeting December 17, 1990 The regularly scheduled meeting of Mayor and Council was held December 17, 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, Finance Director Emory McHugh, Public Works Director Vic Broyles, Personnel Director Jane Mears, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, Fire Chief Larry Williams, Community Relations Director Kathy Barton, City Engineer Ken Hildebrandt and representatives of the press. ... Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. Chuck Hoskins of the Smyrna Soccer Association presented a plaque to Sherry Reavis in appreciation of the support provided by the Parks and Recreation Department. Mayor Bacon presented a Commissioner Thea Powell support for Smyrna. crystal jonquil to in recognition of outgoing her fine Eastern District representation and Fire Chief representing Department. Larry the Williams presented a check for $1,000 to Don Williams Burn Foundation from aluminum can collections in the Fire PUBLIC HEARINGS: (A) Annexation of McGee/Lindsey property on Atlanta Road Jack Shinall made a motion the property of Helen McGee and Ethel Lindsey on Atlanta Road be annexed into the City and made a part of Ward 2. Wade Lnenicka seconded the motion which carried 7-0. The legal description was read into the minutes at the November 19, 1990 meeting. (B) Privilege license - package beer and wine sales at Neighbor Mart, 5055 Oakdale Road ... John Patterson stated that Mrs. Sohila Asgari has submitted an application as the new owner of Neighbor Mart, formerly Zesty Food at 5055 Oakdale Road. Diane Bishop will be the acting manager and Agent for the license. The police investigation was favorable and there was no opposition. John Steely stated there had been two previous violations at this location involving sales to minors during our sting operations. Ms. Bishop said as the Agent and manager she could assure council that it would not happen again. Either she or Mr. or Mrs. Asgari would be in the store most of the time and there is no relationship to the previous owner. Ms. Bishop said she was familiar with our ordinance and made it a practice to card anyone purchasing alcoholic beverages. After further discussion John Steely made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (C) Rezoning request - 14 acres on Hurt Road from R20 to R15 -- John Patterson stated that Reed Konigsmark is requesting this rezoning for a 16 lot subdivision. The property does have some floodway and some possible wetland areas. The 16 lot development would give an overall density of 1.03 units per acre. The Planning and Zoning Board had recommended approval with several stipulations. Mr. Konigsmark was sworn in with one person in opposition. Mr. Konigsmark said he had met with concerned neighbors on several occasions and felt this was a project that would be pleasing to everyone. The R15 zoning will allow development of 16 single family detached homes on this 14 acre tract. Of that, about 7 acres is unbuildable and not usable. Mr. Konigsmark said he did not anticipate any variances and felt he could build entirely within the code requirements. Their goal was to maintain affordable homes with prices in the high $70's to $80,000. An acceleration/deceleration lane will be provided on Hurt Road and Mr. Konigsmark said he had no problems with the stipulations recommended by the Planning and Zoning Board. , 1 December 17, 1990 meeting - continued Mr. Bill Rudolph of 3374 Landrum Drive stated the original zoning request of RAn was just not acceptable and appreciated the fact that Mr. Konigsmark has made quite a number of concessions. Mr. Rudolph said he was not opposed to this zoning but did request that the streetscape be similar to that in the surrounding neighborhoods. After further discussion Jack Shinall made a motion the zoning be approved as requested from R20 to R15. Jim Hawkins seconded the motion which carried 7-0. (D) Rezoning request 415 acres off Cooper Lake Road from Office/Institutional and Light Industry to RAD (conditional) and RM-12 John Patterson stated that Lionel Wilde with Links of Atlanta is requesting this rezoning to build a 27 hole golf course and residential community off ... Cooper Lake Road. This property is part of the Highlands Industrial Park. There were four people in the audience opposed who were sworn in along with the applicants. Rik Galpin with Ashford Engineers presented the development plan to include a 27 hole golf course, 700 single family detached homes and 100 condominiums. The terrain of this property is extremely steep and rocky and for that reason, they are asking for the flexibility of the RAD zoning. The entire development will be private with 5 miles of roads that will be held privately for security reasons. Mr. Galpin said they have also met with our City Engineer, Cobb Department of Transportation and the Atlanta Regional Commission regarding the impact this development would have to the surrounding area. Buffers will be provided on the common property line including a fence or wall with heavy plantings. Mayor Bacon said they had met last week with members of the South Cobb Homeowners Association and a person that they thought was a representative of the Summer Place Homeowners Association. Letters were also received from homeowners adjacent to this proposed development stating they had no objections. Mr. Wilde stated the golf course and all roads would be built first and the course would probably be operational before the condominiums are built. After the condominiums are built, 24 hour security will be provided to the site. ... Selling price for the condominiums will be no less than $100,000 and the single family lots will be sold individually for development of homes approved by an architectural review board. This board will also have at least one official from the City appointed to it. Mr. Wilde said he also understood that any development under the RAD category would be subject to approval of the plans by the Mayor and Council. The golf course will be a tournament course with probably 1,000 to 1,500 members. Residents of the development will have priority for membership but will not be required to join. Mr. Wilde said the condominiums will be built as the market dictates and since the plans are still preliminary, they may decide to build fee simple townhomes with a mandatory homeowners association rather than condominiums. The single family homes should be in the $200,000 price range. Mr. Wilde said they would break ground in by April 1, 1991 and hopefully the course would be open in June 1992 at which time the home sites would be ready for sale. steve Mitchum stated he lived in Summer Place Subdivision adjacent to this property and stated he did not know how they could have been represented in earlier meetings because they did not have a homeowners association. Mr. Mitchum said while he was pleased with the golf course, was concerned with the security and buffer requirements. Mr. Wilde said they would build a masonry-type wall along their rear property line with a heavily planted buffer and would agree to a 50 foot setback and 30 foot buffer adjacent to those homes. Brian Torrence concerned that homes. said the he also lived adjacent to the development and was also buffer would not be adequate to provide privacy to their ....- Michelle Baxley, another resident of Summer Place Subdivision was also concerned with the wall and buffer and asked that it be extended well beyond their property lines to provide maximum security. Brent Woodruff, an ideal site it would not a for only resident of Stoneybrook Subdivision said he felt this a development of this type because of the topography, bring more people to the community but would increase was and the December 17, 1990 meeting - continued tax base substantially. After further discussion John Steely made a motion the zoning be approved to RAD (conditional) as requested with the following stipulations which will also also cover the request for the RM-12 portion of the development. 1) 2) Engineer 3) The Architectural Review Board include a 4) A satisfactory buffer (50 foot setback out with the adjacent property owners. The minimum sales price of homes be $120,000 Acceleration/deceleration lane be provided and approved by the City City representative and 30 foot buffer) be worked ... Jim Hawkins seconded the motion which carried 7-0. (E) Variance request - rear yard setback at 2787 South Cobb Drive form 200 to 50 feet John Patterson stated that Mr. Jeffrey Sims of Chastain Cat and Dog Clinic is requesting this variance from Section 712.3 from 200 to 50 feet which will allow inside boarding of animals for a new animal clinic. The present zoning ordinance states that animal hospitals and veterinary clinics be at least 200 feet from any residential property line. There was no opposition. Everett Royal represented Dr. Sims and stated this property is just south of the Picadilly Cafeteria. There are three adjacent residential properties and two of those have submitted letters stating they have no objections. The third person requested that red tips be planted along the property line and thy have agreed to do so. Dr. Sims said there will be no outside runs at the location. They are currently located at the K-Mart Shopping Center and have approximately 2 years left on their lease. For that reason, construction will not begin until that time but Dr. Sims stated he wanted assurance that he would be allowed to build before actually purchasing the property. .. Jack Shinall made a motion the variance be approved for Chastain Cat and Dog Clinic to allow construction at 2787 South Cobb Drive with the following stipulations. 1) No outside runs or any other veterinary clinic that may be located on the property have any outside runs 2) Per the agreement as presented by Mr. Royal, red tip photinias or a faster growing plant be placed within the 50 foot natural buffer a minimum of 5 to 6 feet apart. Wade Lnenicka seconded the motion which carried 6-0 with Kathy Jordan abstaining. (F) Variance request - front yard setback from 50 to 32 feet at 2925 Atlanta Road John Patterson stated that Mr. J. M. Holbrook is requesting a variance on the front yard setback to build an additional service bay at his garage. There was no opposition. Bill Scoggins said we have not received an architectural design from Mr. Holbrook and made a motion the variance be postponed to January 21, 1990. Wade Lnenicka seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Appointments to Clean City Commission -- Bob Davis stated his appointment from Ward 1 would be deferred to another meeting. Wade Lnenicka made a Commission representing carried 7-0. motion that Ann Kirk be reappointed to the Clean City Ward 2. Jack Shinall seconded the motion which Jim Hawkins made a motion Commission representing Ward carried 7-0. that Jerry Nelms be appointed to the Clean City 4. Jack Shinall seconded the motion which December 17, 1990 meeting - continued Kathy Jordan made a motion that Jessie Riley be appointed to the Clean City Commission representing Ward 6. Bill Scoggins seconded the motion which carried 7-0. John Steely made a motion that Sue Brissey be reappointed to the Clean City Commission representing Ward 7. Jim Hawkins seconded the motion which carried 7-0. (B) Appointments to Planning and Zoning Board Bob Davis made a motion Planning and Zoning Board motion which carried 7-0. that Charlene representing Capilouto be reappointed to the Ward 1. Wade Lnenicka seconded the -- Jim Hawkins made a motion that ottis Cheatham be appointed to the Planning and Zoning Board representing Ward 4. Bill Scoggins seconded the motion which carried 7-0. John Steely Zoning Board carried 7-0. made a motion that John Hicks be reappointed to the Planning and representing Ward 7. Kathy Jordan seconded the motion which (C) Approval of construction change orders John Patterson stated this is the first change order for the construction of the new community center/library which was presented from J.A. Jones. The total cost of this change order is $196,648 and of that amount, $181,893 is for the sales tax that must be paid to the State of Georgia which we attempted to exclude for materials purchased. Other changes are less significant. This change order brings the total contract price to $9,084,670. Jim Hawkins made a motion the change order totaling $196,648 be approved. Bill Scoggins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. ...., CONSENT AGENDA: (A) Approval of December 10, 1990 minutes (B) Approval to advertise for closing of Bank Street (C) Approval to request bids for park pavilion, Cobb Park (D) Approval to purchase vehicle for Fire Department Jack Shinall stated he would like to have item (B) removed from the consent agenda for discussion. Jim Hawkins made a motion items (A), (C) an (D) be approved. Wade Lnenicka seconded the motion which carried 7-0. Jack Shinall stated he had looked at the Master Plan many times and did not realize that Bank Street would be closed permanently during this phase of construction although he had no problem with the temporary closing. Mr. Shinall said he would like the engineers to look at the plans to see if something could be done either temporarily or permanently to keep Bank Street open, at least during the time prior to construction of Phase II. Mr. Patterson said the new street at the old Fuller Street location will intersect Powder Springs Street at Hamby, and is tentatively scheduled to open next week. Jack Shinall made a motion we advertise for a public hearing to close Bank street on January 21, 1991, as well as look at proposals on what it would take to leave it open. John Steely seconded the motion which carried 7-0. ..... Wade Lnenicka gave on the south side which will connect marks his third year a library report and stated construction of the sidewalks of Ridge Road would probably start after the first year Cedar Cliffs and Vinings Glen. Mr. Lnenicka said this on council and he had enjoyed serving. Kathy Barton gave a report from the Clean City Commission. Jim Hawkins needy and Ministries residents. said the Smyrna is in need of office is open MUST Ministries donations of to anyone in provides food and clothing to the canned goods or clothes. The MUST need and not limited to Smyrna December 17, 1990 meeting - continued The Mayor - wished everyone a Merry Christmas and Happy New Year meeting adjourned at 9:55 p.m. - -