June, 1987 Council Meeting
June I, 1987
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on June I, 1987. 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 and representatives of the press.
Invocation was given by Elmer Foust, pastor of Welcome All Baptist Church,
followed by the pledge to the flag.
CITIZENS INPUT:
Nothing to report.
DEPARTMENT REPORTS:
and Library.
Reports were given by the Public Works, Parks Department
PUBLIC HEARINGS:
(A) Annexation of property at 729 Concord Road.
There was no opposition and Jim Hawkins made a motion the property at 729
Concord Road be anp.e:)l:'edip.to the City, the legal description having been read
and made a part of the minutes of the May 4, 1987 meeting. Jerry Mills
seconded the motion which carried 7-0.
(B) Rezoning request - 1625 Smyrna Roswell Road from Neighborhood Shopping to
General Commercial.
John Patterson said that R. L. Haliburton of Blue Ridge Properties is
requesting the rezoning of this property for construction of a self-service
carwash. The property is surrounded by commercial on 3 sides, with Hawthorne
Elementary School to the north. The Planning and Zoning Board recommended
approval and there was no opposition from the audience.
Mr. Haliburton said the carwash would be a metal structure faced with brick
and would contain 6 stalls. Mr. Haliburton said he had agreed to donate the
required right of way to provide right turn access from Hawthorne to Smyrna
Roswell. There will beionei.entrance from Smyrna Roswell and one from Hawthorne
Avenue. Jerry Mills reminded Mr. Haliburton that the vacuum islands could
never be covered by a roof since they will be located within the setback
lines.
Jerry Mills made a motion the zoning be approved with the following
stipl.J.lations:
1)
lane from
way be deeded to the City to provide a right turn
Roswell
2)
The vacuum.islands not be covered by a roof.
Jim Hawkins seconded the motion but after further discussion the motion and
second were withdrawn. Jerry Mills amended his motion to include the
stipulation that the curb cut on Smyrna-Roswell Road be moved as far west as
possible. Jim Hawkins seconded the amendment. Vote on the amendment and main
motion carried 7-0.
(C) Variance request - front yard setback requirements at 1625 Smyrna Roswell
Road.
variances would be required for development of the
the setback along Hawthorne Avenue from 50 feet
the setback on Smyrna-Roswell from 40 feet to 30
Jer]:y Mills said the size and shape of this lot makes it almost impossible to
develop without variances and he felt this would be a definite improvement to
the property. Mayor Bacon said there was not a letter of hardship in the
packet and, Mr. Haliburton would need to provide that for our files. With
little discussion Jerry Mills made a motion the variances be approved as
requested with the stipulatiol"l that Mr. Haliburton provide a letter stating
his hardship for the files. Jack Shinall seconded the motion which carried 7-
O.
(D) Rezpp.ing request - 16.7 acres at Nickajack Road and Cooper Lake Road from
R-20 to R-15.
June 1, 1987 - continued
John Patterson stated that Dave Logel is requesting the rezoning of this
property for development of a residential subdivision. The property is
surrounded on 3 sides by R-20, with Light Industry to the east. The Planning
and Zoning Board recommended the zoning be approved and there was no
opposition from the audience.
Mr. Logel said his original application requested R-12 zoning but after
consideration amended his request to R-15. His plans are to build 33 homes,
traditional in style with floor space ranging from 1500 to 2200 square feet.
These will be high quality homes, selling from $IOO,OOO to $130,OOO. Mr. Logel
said the outside would be masonite siding, stucco or brick, with no cedar
siding. There will be one entrance off Nickajack Road and no curb cuts off the
individual lots.
Hugh Ragan made a motion the zoning be approved from R-20 to R-15 with the
following stipulations:
1) The site plan as submitted be approved by our city engineer
2) All homes contain a minimum of 1500 square feet of heated floor space
3) All homes be traditional in design with brick
exteriors and that no cedar siding be allowed
siding or stucco
4) All homes will sell in the $IOO,OOO to $130,OOO price range
5) Only one exit and entrance into and out of the development
6) A total of 33 single family homes be built.
Jack Shinall seconded the motion which carried 7-0.
(E) Variance request
Concord Road.
front yard
side and
setback requirements at 999
John Patterson said that W. B. Sanders is requesting two variances; to reduce
the front setback from 50 feet to 40 feet and to reduce the side setback from
50 feet to 24 feet. This property was rezoned at the last meeting and the
existing structure will added onto and converted to an attorney's office.
Jim Hawkins said the variance on the front is necessary due to the widening of
Concord Road. The other variance on the side yard was necessary because the
adjacent house is zoned residential which requires a 50 foot buffer. Mr.
Sanders' brother owns the adjacent house and has no objection to the variance.
With little discussion Jim Hawkins made a motion the variances be approved.
Jerry Mills seconded the motion which carried 7-0.
(F) Variance request - front yard setback requirements at 3604 Lee Street
John Patterson said that Janet DeWeese is requesting two variances to
facilitate the addition of an attached garage and porch to their home. The
proposed addition will be to the front of the house and will require a
variance from 40 feet to 16 feet on the front setback. A variance will also be
required to reduce the side yard setback from 10 feet to the existing setback
of about 5 feet. There was no opposition from the audience.
Jim Hawkins asked Mr. DeWeese if there was any reason why he could not add
onto the back of the house. Mr. DeWeese said there was no access to the back
yard because the houses are close together. He felt the plans submitted would
improve the looks of the house and neighborhood. A letter was also presented
from the adjacent property owner stating he had no objections.
Jim Hawkins said that normally variances such as this are granted if there are
no objections but he was inclined to believe this addition would not be in
harmony with other houses in the neighborhood and was also concerned from a
safety standpoint, about the addition coming to within 16 feet of the street
and creating a visual barrier. For those reasons, Jim Hawkins made a motion
the variances be denied, seconded by Hugh Ragan. Hugh Ragan also stated that
normally council tries to accommodate the homeowners but he thought this was a
little beyond reason and also had concerns about safety. Vote on the motion to
deny the variances carried 7-0.
(G) Variance request front, side and rear yard setback requirements and
elimination of 10 foot grass strip.
June 1, 1987 - continued
John Patterson said that Jay Wallace of Smyrna Pawnbrokers is requesting these
4 variances to facilitate an addition to his existing business on Cherokee
Street. The addition will contain approximately 3200 square feet on the west
side. Variap.c~$are needed to reduce the front yard setback from 50 feet to 30
feet; reduce the side yard setback from 33 1/3 feet to 30 feet; reduce the
rear yard. $etba.c.k.from 50 feet to 20 feet; and eliminate the required 10 foot
grass stl.'"iphetweel"l the parking lot pavement and the street pavement. Cherokee
Street iSS9p;eduled to be widened in the near future and the front yard
variance takes into consideration the donation of 6 feet needed for the
widening. The affected property owner to the rear does not object to the
variance and there was no opposition from the audience.
Jay Wallace said his business had grown and they need the additional space
which will be in line with their existing building. They also own the building
on the other side which they use for storage only and will utilize those
parking spaces to giVe them a total of 46 parking spaces as required by
ordinance. Also, he understood that the house could not be used for anything
other than storage Sil'lCeany other use would require a variance on the joint
use of the parking. M'r. Wallace said the house that was just torn down for the
addition was actually lal.'"ger than what they are proposing and they will use
the existing curb cuts and will do whatever paving is necessary to meet code
requirements.
Kathy Brooks made a motion the variances be approved with the stipulations
that all paved park,il"lg. l.'"~quirements be met, seconded by Jim Hawkins. Jack
Shinall said he originally had problems with the number of variances required
and there were some unanswered questions about the parking, but now felt the
addition would be an improvement to the property. Vote on the motion to
approve the variances carried 7-0.
(H) Proposed use of Revenue Sharing Funds.
John Patterson saidth~Revenue Sharing program has come to an end and we are
required to either $pend all of those funds by September 30, 1987, or return
the money. There is a need for computer equipment and software throughout
different city departtllent$ which will enhance the abilities of our employees
to perform their duties and provide good service to the public. A total
expenditure of $49,309 is proposed. There were no questions or comments from
the audience.
lis"!: including computers, printers, hardware and
Police Department, City Clerk's office, Personnel,
Department and Community Development totaling
through STate contract and made a motion it be
the motion which carried 7-0.
Hugh Ra.gan
software
Finance
$49,309, to be
approved. Kathy
(I) Business
Road.
license request - Cobb Center Jewelry & Pawn, 2175 Old Concord
John Patterson Mr. Chaim Oami had applied for a business license
for Cobb Center and Pawn and the request was denied at the April 6th
meeting. At that time there was some discussion about a precious metals
license and since then Mr. Oami has applied for both licenses. The background
investigation both locally and in New York revealed nothing that would prevent
Mr. Oami from obtainip.ghis licenses. There was no opposition and Mr. Oami was
represented by his attorney, Bob Garrison.
~athY Brooks said the last time Mr. Oami was before council there was some
question abo.ut the co.mP:teteness of the application. Mr. Oami said that has all
been taken care of. <Rehas been in the precious metals business for more than
10 Years and understood the ordinances of the City and the requirements for
dealing in gold. Mr. Oami said this is a proprieto.rship and he had one
employee. He also understood his employees would have to be investigated and
fingerprinted/~ Hl.J.gh Ragan asked Chuck Camp if, in his opinion, Mr. Oami met
all the r~quirements as specified in the ordinance. Mr. Camp said he had not
heard or seen anything that would show that Mr. Oami did not meet the
requirements.
After further discussio.l"l, Kathy Brooks made a mo.tio.n the license for a pawn
shop and precious metals dealer be approved as requested. Jim Hawkins seconded
the motion which carried 5-2, with Jack Shinall and Jerry Mills opposed.
FORMAL BUSINESS:
June 1, 1987 - continued
(A) Employee benefits package.
John Patterson said after much study and review we have a comprehensive
upgrade to the employees benefit program to present tonight, which includes an
increase in life insurance coverage, long and short-term disability, and early
retirement for Public Safety employees. Hugh Ragan summarized the proposed
increase in benefits as follows:
Early retirement for Public Safety employees: This will be full retirement at
the age of 60, without penalty, if the rule of 85 is met; that is age plus
service with the City. These employees will contribute 2 1/2% of their salary
which will cover 100% of the additional cost of this feature. In addition, we
have instructed the Personnel Department to study the feasibility of including
other employees of the City in this plan.
Increased Life Insurance: The increased life insurance coverage will be equal
to one time the annual salary, with no ceiling.
Dependent Survivor Pension benefit: This provides monthly benefits to
employee's dependent spouses and/or children. This benefit is coordinated with
Social Security. Benefits for a spouse only will be 30% of the employees
salary; 40% for a spouse with one dependent and 50% for a spouse with 2
dependents or more. The cost for the life insurance and pension benefits is
$40,000, funded by the City.
Short term disability: This would pay 66 2/3% of an employee's salary up to
26 weeks of disability, maximum of $300 per week for employees and maximum of
$500 per week for department heads, beginning on the 8th day of illness or 1st
day of injury.
Long; term
would take
$30,000 and
disability: Long term disability would be basically the same, and
up where the short term leaves off. Cost of the short term is
long term is $38,000 per year to be funded entirely by the City.
Hugh Ragan made a motion the benefits package as outlined be adopted. Joel
Harrell seconded the motion which carried 7-0.
(B) Ordinance amendment - offenses against city.
Mayor Bacon said this proposed amendment was brought about due to the
increased number of vandalisms against property, specifically, trenching yards
and destroying mailboxes. This ordinance will provide for penalties against
passengers in the cars as well as the drivers. Jack Shinall read the proposed
amendment as follows:
Section 15-37:
Offenses ag;ainst property.
(a) No
otherwise
thereto,
person in
person
injure,
including
the City.
shall willfully, maliciously, wantonly.
deface, destroy or remove any real property
moveable or personal property belonging to
negligently or
or improvements
the City or any
(b) No
unpaved
designed
the owner
person shall operate a motor vehicle over. through or across any yard,
portion of right of way, or public or private property which is not
or customarily used for vehicular traffic, without the permission of
of such property.
(c) The activity known as "trenching", whereby motor vehicle tires are spun,
slid, or used to deface, destroy, dig up, or create ruts in yards, or public
or private property, is hereby specifically prohibited. Any owner, operator or
occupant of any vehicle used in "trenching" may be equally charged with a
violation of this section. in allowing such vehicle to be used in "trenching."
(d) No person shall remove, injure, destroy, deface or damage any box or
container designated for delivery of mail through the United States Postal
Service. The activity of damaging, in any manner, such container by throwing
or swinging any object from a motor vehicle is hereby specifically prohibited.
Any owner, operator, or occupant of any vehicle from which such container is
damaged may be equally charged with a violation of this section in allowing
such vehicle to be used in such activity.
(e)
Upon
conviction
of
any offense within this section, in addition to any
June 1, 1987 - continued
fine or other sentence imposed, the defendant shall be required to make full
restitution to the owner or owners of the property damaged, to the extent
required and ip the sole judgment of the court.
Jack Shinall~<i~ a motion the amendment be approved. Hugh Ragan seconded the
motion which carried 7-0.
(c) Appointment of Clean City Committee Coordinator.
Hugh Ragan annOl.J.nCe<i,With regret, the resignation of Elsie Rape as Coordinator
of the Clean City.Committee and made a motion that KathY Barton be appointed
to fill that position. Kathy Brooks seconded the motion which carried 7-0.
BID AWARDS:
(A) Pool chemicals.
John Patterson said that bids were recently submitted to 5 vendors to provide
chemicals needed for normal operation of the 3 city pools. Three bids were
received and Kathy Brooks m~de a motion the low bid of $1,157.25 be awarded to
Van Waters & Rogers. Jo~lHarrell seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
None to present.
CONSENT AGENDA:
(A)
(B)
(C)
(D)
(E)
Harold Lane
Ordinance
Way water line
John Deere tractor
Hugh Ragan made a motion the consent agenda be approved. Joel Harrell seconded
the motion which carried 7-0.
COUNCIL INPUT: Bob Davis said the cleanup work from the sewer rehab is
progressing in his ward and they are seeing some improvements.
Jerry Mills said there was a letter in council's reading file about the canopy
on the front of the judicial building and was not aware there was a problem
with it. John P~tt~l.'":SoRsaid there was some concern about the shape and color
of the canopy and it does not conform to the plans that were presented to the
c:ity.
Jim Hawkins saidl1E;l.w.a::svery happy to approve the Revenue Sharing expenditures
tonight for computer equipment for the Police Department and felt very good
about the progress that was being made in that department. Also, h~ was very
pleased with the benefits package that was approved tonight. \
>,
"',~
Jack Shinall said the 90 daY trial period for the stop sign at Bank and Fraser
Street w()u.ld be. up by the next meeting and asked for input to help him in
making a decision as to whether or not it should remain.
Jack
promised
will follow up
drainage study. John patterson said he has been
but he has not talked to John Swift today.He
him first thing tomorrow morning.
the residents of her ward for being out of touch
was married Saturday.
to
Hugh Ragan said he had met with the Bennett Woods Garden Club recently along
with the Mayor, Chief Little and Jim Hawkins and thanked them for attending.
Hugh said it was a good meeting and there were some good suggestions made.
Mayor Bacon said that June 9th was the date for the special election for the
Cobb County transit system and urged everyone to vote.
Mayor Bacon presented
also retil.'"ing as of
dedication to the City.
crystal jonquils to Elsie Rape and Jim Farley who is
June 30th in appreciation of their hard work and
With no furthe.l.'" business, .llleeting adjourned at 9:30 p.m.
************************
June 15, 1987
The regular scheduled meeting of Mayor and Council was held June 15,1987 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 Attorney Charles E. Camp, City Administrator John Patterson,
City Clerk Melinda Dameron, and representatives of the press.
Invocation was given by Lee Delbridge,
followed by the pledge to the flag.
pastor of Smyrna Christian Church,
DEPARTMENT REPORTS: Reports were
Community Development departments.
given
from the Fire, Police, Finance and
Mayor Bacon recognized Gary Myers who introduced members of the girls Junior
Olympic team who will be representing the City and State in Syracuse, New York
on August 9 and 16. Mr. Myers said the cost for this trip would be about
$6.000. Donations will be accepted at City Hall and they hoped to be able to
raise enough in donations to fund the entire trip.
PUBLIC HEARINGS:
(A) Variance request
Church.
location
and
size of sign for Welcome All Baptist
John Patterson said that Welcome All Baptist Church has submitted a request
for a variance to be able to place a sign behind the building line of their
property. The church is on Bourne Street, between South Cobb Drive and Old
Concord Road and is difficult to find. There was no opposition.
Elbert Coalson represented Welcome All Church and said the sign they are
proposing will measure 128 square feet and will be placed behind the Pace
Motors car dealership. Mr. Coalson said the church is not visible from the
main streets and the additional sign will help visitors to locate the church.
Jack Shinall said he had no problem with the size or location of the sign and
made a motion the variance be approved. Bob Davis seconded the motion which
carried 7-0.
(B) Rezoning request property at 4641.
Highland Road from R-20 to General Commercial.
4651, 4659, 4657 and 4585 Camp
John Patterson said that James D. Cochran, Lois W. Cochran, Mary Josephine
Mulkey Harris, Carol Scott, Preston Scott, Earl Myers and Carolyn Westbrooks
have requested rezoning of their homes on Camp Highland Road from residential
to General Commercial. These homes will be in the vicinity of the East/West
Connector corridor. Property to the north is zoned R-20, with RM-12 to the
east and Heavy Industry to the south. The Planning and Zoning Board
recommended approval.
Preston Scott represented the homeowners. There was no opposition from the
audience but Mrs. Myers daughter stated her mother did not realize her
property was also being zoned commercial; they thought it was just being
annexed into the City. They were not opposed but had several concerns about
how the rezoning would affect them. Hugh Ragan said the East/West Connector is
coming through this area and the rezoning should increase their property
value. The rezoning tonight was brought about at the request of the people in
the area and if there is any question or concerns about the zoning, Mr. Ragan
suggested the hearing be postponed. Mr. Camp stated that Mr. and Mrs. Myers
would not have to move from their home after the property is rezoned; they
could remain as long as they wanted until the actual use of the property
changes to commercial. Mrs. Myers' daughter stated again that she was not
opposed and after further discussion she was asked to meet with John Patterson
the next day to discuss services, taxes. etc.
Hugh Ragan made a motion
motion which carried 7-0.
the
zoning be approved. Jerry Mills seconded the
(C) Rezoning
Commercial.
request
1060 Concord Road from Future Commercial to Limited
John Patterson said that Geraldine Graham has petitioned the rezoning of this
property to allow the use of the existing house for offices. The property is
surrounded by commercial zoning, with the exception of the house to the south.
which is zoned Future Commercial. There was no opposition from the audience
and the Planning and Zoning Board recommended approval.
June 15, 1987 - continued
Mrs. Graham
but do not
retail sales
said they have talked with several doctors about leasing the space
have a contract yet. Also, she understood that there could be no
type activities within this zoning classification.
Jim Hawkins made a motion the zoning be approved from Future Commercial to
Limited Comme.rcial. Bob Davis seconded the motion which carried 7-0.
(D) Variance r~ql.J.est - 1060 Concord Road - reduction in front, rear, east and
west side yard requirements.
John Patterson said the house on the property just zoned does not meet the
existing minimum se.tbackrequirements for the Limited Commercial category and
for that reasOn, tllop. .foll,owing variances are required: I) Reduce the front
setback from the l.'"~q~ir~d 50 feet to 38.5 feet; 2) reduce the east side
setback from the reqt;i.:tred 33 1/3 feet to 15.8 feet; 3) reduce the rear
setback requirementifpr"thop existing accessory building from 25 feet to 8 feet
and 4) reduce the west.sid~ setback from the required 10 feet to 5 feet. There
was no opposition from the audience.
Mrs. Graham said they were going to use the house and two accessory buildings
as they currently e~is."t. The accessory buildings will be used by the tenants
of the house, for their storage only. Mrs. Graham said she understood that
these buildings could not be leased separately or used by anyone else. Jim
Hawkins said the ordinance requires a visual buffer on the property line
abu"tting residentially zoned property and asked Mrs. Graham if she would be
willing to place ...p..... 6fc:!ot wooden fence along the rear property line. Mrs.
Graham said shewOu.I<i<tfeveryone else was required to do the same, but there
are several business.'Psalong Concord Road that do not have fences in the back
and she did not want to be singled out. Jack Shinall said that has been a
requirement on the rec~nt zonings in the Concord Road area. Jim Hawkins told
Mrs. Graham the City would check on those businesses that are not in
compliance.
After further disG.ussion, Jim Hawkins made a motion the zoning be approved
with the following Stipulations:
1) No curb cut on Concord Road
2) All buffer. requirements be met
3) Storage buildings on the property can never be sub-leased or rented
other than to the tenants occupying the main building.
Jack Shinall seconded the motion which carried 7-0.
(E) Variance
Drive.
request
rear yard setback
requirement at 3231 South Cobb
John Patterson said that Mr. Grady Mullis of O'Neil Developments is requesting
that the rear yard setback requirement be reduced from 30 feet to 15 feet to
facilitate a strip shopping center. The variance would allow him to place all
parking spaces in the front of the shopping center. There was no opposition
from the audience.
Mr. Mullis Presel"l"t'P4 a rendering of the proposed shopping center and said the
configuration of the property makes the4evelopment difficult and they were
requesting that they be allowed to move the building back closer to the rear
property line tOl1,aye all their parking in front. By moving the building
forward. tbey will not have any accessibility to the side. The City's parking
r~quiremel"lts can .1::>e..met without the variance but they prefer to have all
parking in the front. Mr. Mullis said they have met with the State DOT and
since this constr~ct;ion is basically no different than what was there before
as it pertains to water runoff, were told the catch basins on the right of way
would be adequate. Joel Harrell said the previous development was built prior
to any retentiol"l.r~quirements by the City and Mr. Mullis would have to comply
with the existing requirements.
Mr. Mullis said it was his understanding that there would be another shopping
center to the rear of his property but he did not know where the buildings
would be located. .A let.ter was delivered to the owner of the adjacent property
OWner, Mr. Mike Savage, asking for his approval of the variance request. Jerry
Mills said the City received a letter from Mr. Savage stating several
objectionS to the variance.
There
Chief
lan~,
was some discussion about accessibility
Larry Willliam.ssaid they would require
either in front or back of the building.
for emergency vehicles and Fire
a minimum of 15 feet for a fire
June 15, 1987 - continued
Mr. Mullis
inexpensive
metal roof.
said this would be a small building and would require fairly
construction with stucco fronts, concrete block side walls and a
They felt the development will be an enhancement to the area.
After further discussion. Jim Hawkins said he had a problem with the building
being so close to the property line and failed to see how the configuration of
the property caused a hardship, and made a motion the variance be denied. Joel
Harrell seconded the motion which carried 7-0.
(F) Variance request size and location
Shopping Center, 3237 South Cobb Drive.
of
signs
for Concord Village
John Patterson said that Mike Savage with MOS Development has submitted a
request containing three different variances which he feels are needed to meet
the requirments for his major tenants in the new shopping center which will be
located at the end of Lusk Drive where McArthur Concrete is presently located.
Two signs are being requested, one on South Cobb Drive with a copy area of
320.67 square feet and a height of 45 feet. The second sign is to be located
on Concord Road near the entrance of Lusk Drive and will meet size and height
requirements. There was no opposition.
Mr. Savage said they have a letter of commitment from K-Mart to lease space in
the new shopping center which will now contain approximately 200,000 square
feet of retail space. K-Mart has a certain criteria for their signs and they
have requested the variance to increase the size and height of the sign on
South Cobb Drive. The second sign at Lusk Drive will not be as large, and will
meet code requirements for copy area and height. This is a 20-acre tract and
will contain the 85,000 square foot K-Mart, a 45,000 square foot Big Star and
the remainder in smaller retail shops. Acceleration/deceleration lanes will be
provided on South Cobb Drive and the two entrances on South Cobb Drive have
been worked out with the State DOT.
Mayor Bacon asked if they would agree to restricting the use of temporary
signs on the property. Mr. Savage he did not like the temporary signs and
would have no problem with that restriction. After further discussion, Jim
Hawkins made a motion the variances be approved as follows:
1) Allow two (2) signs for the development; one at Lusk Drive and the
other at South Cobb Drive.
2) The sign on South Cobb Drive not to exceed 320.67 square feet of copy
area and all other requirements be met.
3) No portable signs be allowed on the property at any time.
Jerry Mills seconded the motion which carried 5-2, with Joel Harrell and Hugh
Ragan opposed.
FORMAL BUSINESS:
(A) Validation of
Road.
signatures to annex 27.66 acres at Atlanta Road/Jane Lyle
Attorney Camp read an application for annexation of 13 parcels on Atlanta
Road/Jane Lyle Road in Land Lots 700 and 741 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
the 17th District, 2nd Section of
particularly described as follows:
and being in Land Lots 700 and 741 of
Cobb County, Georgia, being more
Begin at
way line
southern
width),
thence
an iron pin found at the intersection of the southeastern right of
of U.S. Highway 41 (having a variable right of way width) with the
right of way line of Cumberland Drive (having a 50-foot right of way
in Land Lot 700 of the 17th District of Cobb County, Georgia; run
northwesterly along said right of way line of U.S. Highway 41, the
June 15, 1987 - continued
and distances: north 25 degrees 10 minutes 45 seconds west
.61 feet to an iron pin found; north 30 degrees 13 minutes 02
of 133.05 feet to an iron pin found, north 29 degrees
west a distance of 125.32 feet to an point, north 29
33 seconds west a distance of 100.00 feet to an iron pin
36 degrees 20 minutes 21 seconds west a distance of 100.00
leaving said right of way line, run south 88 degrees
east a distance of 737.00 feet to an iron pin found on
Land Lots 700 and 74l of the aforesaid District
along said land lot line the following courses
degrees 29 minutes 42 ",ecqnds east a distance of
and north 02 degrees 10 minutes 42 seconds east a
an iron pin found; thence leaving said land lot
minutes 13 seconds east a distance of 451.60
degrees 39 minu.tesl3 seconds east a distance
found; thence south 00 degrees 17 minutes 13
.39 feet to an iron pin found; thence north 87
west a distance of 355.68 feet to an iron pin
43 minutes 05 seconds west a distance of 65.38
right of way line of Jane Lyle Road
way width); thence southwesterly along the
of Jane Lyle Road the following distances and
minutes 03 seconds west a distance of 44.94 feet
degrees 02 minutes 03 seconds west a distance
found, south 43 degrees 58 minutes 55 seconds
to an iron pin found, south 41 degrees 51
of 165.43 feet to a point, south 50 degrees
a distance of 165.00 feet to an iron pin found,
22 seconds west a distance of 165.12 feet to a
53 minutes 08 seconds west a distance of 149.91
at the intersection of the southwestern right of way
with the southern right of way line of Cumberland
right of way line of Jane Lyle Road,
along the southern right of way line of
courses and distances: south 88 degrees 06
of 99.83 feet to a point, south 88 degrees
of 199.65 feet to an iron pin found, and
16 seconds west a distance of 430.97 feet to an
found the intersection of the southern right of way line of
Cumberland Drive with the southeastern right of way line of U.S. Highway 41,
being the point of beginning.
a
seconds
16
degrees
found,
feet
47
the
and
and distances:
158.60 feet
distance
line, run
feet toa point;
of 913.9l feet
seconds west a
degrees 24
found; thence
feet to a point
(having a 30
southwestern right
south 53
iron pin
78.46 feet
distance
WHEREFORE, THE UNDERS:i:GNED.HEREBY APPLY FOR SUCH ANNEXATION:
Witness the hand"'!...al'l<lYsea1s of 60% of the electors resident and record title
holders of the la:qgd~.s;cribed above: s/HELEN CANON, EXECUTRIX OF THE ESTATE
OF JOSEPHINE W.THOMPSON,..MARGARET.MC CAULEY, LOIS HOWELL, ROBERT B. HOWELL,
ERNEST P. WHEEL~,. LEON L. BARNETT, JR. , C. A. BOMAR, M. ANNETTE BOMAR,
BARBARA J . HEL~,.. 'R:i:(JFIARD E. HELLMANN, EDNA M. COGGINS, RANDY MC CAULEY,
GENEVA EARL BROOKS CLEMENTS, HUGH o. SCOGGINS, TONY CAMPBELL, ROBIN C. JONES,
KATHLEEN WHEELER.. KATHY l'1:i:LES, ANNE TSANGARIS ,L:i:LLIE MAE MORRISON, BETTY A.
BARNETT, AND LEONA B.l.fOORE,VICE PRESIDENT & TRUST OFFICER OF NBC BANK, SAN
ANTONIO, N.A., TRUSTEE..OF..THE ROBERT WILLIAM THOMAS TRUST
Joel Harrell made a l!'lotion the signatures be validated and the public hearing
date set for July 20; 1987. Bob Davis seconded the motion which carried 7-0.
(B) Parks and Recreation Master Plan.
John Patterson said the Parks and Recreation Department is in need of a 10
year master plan to enable the City to identify the need to upgrade existing
facilities, acquire add:l-tional park land, develop new facilities, and to
program financial improvements within the means of available funding. Three
firms were contacted for proposals and the recommendation is to award the
study to EDAW.
Kathy Brooks saidthiSis.not a bW7geted item but funds are available in the
Parks Budget. $20,000 remains in the budget for North Smyrna Park road
development which will not be cop.structed by June 30, 1987 and there is an
excess of $15,000 from the approved $30,000 for Brinkley Park improvements.
Kathy Brooks made a motion the proposal be awarded to EDAW. Jim Hawkins
seconded the motion which carried 7-0.
(C) Rank name changes in Police Department.
June 15, 1987 - continued
John Patterson said in order to properly title our Police Department officers
to conform with departments in the metro area it is necessary to upgrade by
rank each of the titles. This will not increase salaries but will change
titles only and will place our officers on a more equal basis with their peers
in departments in the metro area.
Jim Hawkins made a motion the rank structure be modified by changing Captains
to Majors; Lieutenants to Captains; Sergeants to Lieutenants; and Corporals to
Sergeants. Jack Shinall seconded the motion which carried 7-0.
(D) Sexual harrassment policy.
John Patterson said the City currently has no internal policy or procedure for
dealing with a complaint of sexual harassment. Recent case law has indicated
that an employer must be able to show that they have an established policy and
procedure for dealing with such allegations internally or the employer may be
held responsible for the actions of any employee in this regard, regardless of
the employer's knowledge or endorsement of this behavior. Hugh Ragan read the
proposed policy as follows and made a motion it be included in the Personnel
Rules and Regulations Manual under Chapter 1, Section 2, Equal Employment
Opportunity and made effective immediately.
POLICY: It is the policy of the City of Smyrna to prohibit sex
discrimination and sexual harassment of employees by the employer, other
employees or agents of the City. Sexual harassment is defined as: Unwelcomed
sexual advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature when such conduct is a term or condition of
employment, used as a basis for employment decisions, interferes with an
individual's work performance, or creates an intimidating, hostile or
offensive working environment.
PROCEDURE: If you feel that you have been discriminated against or
subjected to sexual harassment, you may file either a formal or informal
complaint. A formal complaint should be in writing, signed and addressed to
the Personnel Director. An informal complaint may be made by discussing your
problem informally with your immediate supervisor, or the Personnel Director.
Complaints will be investigated promptly, and immediate, appropriate
corrective action will be taken.
Kathy Brooks seconded the motion which carried 7-0.
(E) Revision of ordinance to update building codes.
John Patterson said it was requested that the City Ordinance be amended in
accordance with changes and modifications of the Southern Standard Building
Code. Chuck Camp said this would change the building code and keep it current
with the Southern Standard Building Code and attendant codes enforced by the
City. This will also increase bond requirements from $10,000 to $15,000. Jerry
Mills and Jack Shinall expressed some concern about a need for code
requirements concerning demolition or repair of sub-standard buildings. John
Patterson said the revisions tonight would allow us to take affirmative action
and there is a section of the Southern Standard Building Code covering unsafe
buildings. Jack Shinall said if the Southern Standard Building Code does not
cover these situations, he would like to come up with a specific cause of
action for abandoned and unsafe buildings including a minimum period for
corrective action. Otherwise they will be demolished by the City at the owners
cost.
Jack Shinall made a motion the requested revisions to Article II, Section 6-
20, Article VIII, Section 6-109 (new section), Article IV, Section 6-60,
Article III, Section 6-30, Article V, Section 6-70, Article VI, Section 6-80,
Article I, Section 6-1 and 6-20.2 of the building code be approved. Joel
Harrell seconded the motion which carried 7-0.
(F) Request to extend working hours at Belmont Hills Shopping Center.
John Patterson
working hours
the exterior
and installing
said that
to allow
of Belmont
a new one.
Scoggins, Inc. had requested a permit to extend their
them to work 24 hours a day while they're renovating
Hills Shopping Center by removing the existing facade
Allen
take
Coker represented Scoggins Contractors and said the entire project would
about 3 months. They would begin demolition on the store fronts after the
June 15. 1987 - continued
stores close which will ensure the public's safety and give them a quicker
completion time. The equipment to be used at night will be a backhoe and gas
powered saws. Jack Shinall said he had a problem with allowing demolition work
24 hours a day because the homes on Fleming Street were close enough to be
affected. Jack Shinall made a motion this requested be tabled to the next
meeting until he could talk to the owners. Hugh Ragan seconded the motion
which carried 7-0.
(G) Property acquisition for Public Works facility.
John Patterson said we are totally out of space for our Public Works facility
both on King Street al"ld at the sanitation office on Smyrna Hill Drive. It is
difficult to get vehicles in and out and is unsightly. The City looked at
several different sites and has found a 10 acres site which will provide
adequate room for their needs now and for future growth as well, and is within
the price range established.
Joel Harrell said the. site chosen is the old Smyrna Drive-In on Atlanta Road.
The relocation of public works will also free up the property on King Street
and hopefully in the near future we can expand our library. The property has
already been apprais!:!d and Joel said we feel that it will be more than
adequate to meet our existing and future needs. There is an entrance from
Atlanta Road, but it is not highly visible from the road. After discussion,
Joel Harrell made amotion the old Smyrna Drive-In property consisting of
approximately 10 acar-~~ .be purchased for a new public works facility, to be
funded from accumulated savings. Bob Davis seconded the motion which carried 7-
O.
(H) Appointment to Clean City Committee.
Jack Shinall made a motion
Committee representing Ward 5.
O.
that Ann Bishop be appointed to the Clean City
Jerry Mills seconded the motion which carried 7-
BID AWARDS:
(A) Bush hog for Public Works.
Joel Harrell made a motion the low bid of $975.00 be awarded to Cobb County
Tractor for the purt;::}-ta:,>e of a Tiger bush hog for the Streets Department. Jim
Hawkins seconded the mot: ion which carried 7-0.
(B) Pumper trucksfor-fir-e department.
Bob :Davis said thefire<d~partment has two pumper-s that are outdated, 1957 and
1971 models, and ar-et:oo small to provide the level of fire protection needed.
In addition, the new station at Camp Highland Road will require a pumper
truck. Bids were requested, and there is a significant savings for making a
multi-unit purchase. Each unit would be approximately $6,000 less for a
savings of $18.000 on a 3 unit purchase. All 7 bids met specifications and
based upon the Fire Committee recommendation, Bob Davis made a motion the low
bid be accept.edfr()lll<Pierce Manufacturing for a 3-unit price of $418,876 with
delivery in apprp:)l:'illliilt.ely 1 year and with a 5 year payoff at 7% interest. the
first payment of $8:;3,775.20 to be made on delivery. Jim Hawkins seconded the
motion which carried 7-0.
(c) Roof for main fire station.
Bob Davis said the main. fire station roof leaks and needs to be replaced. Bids
were requested from several vendors with only two bids being received. Bob
Davis made a motion.the low bid of $10,443.00 be awarded to Atlanta Lifetime
Roofing. Hugh Ragan seconded the motion which carried 7-0.
(D) Long/short term benefit insurance carrier.
Hugh Ragan said at the last meeting council adopted a benefit package for
employees incl~ding a long and short term disability. Bids were sought from
about 10 diffel:"el"ltt;::arriers. Hugh Ragan made a motion the short term disabilty
cover-age be awarded to Guardian Insurance Company at $30,000 per year, to be
paid totally by the City with the long-term coverage awarded to Mutual Benefit
Life at $38,000 per Ye.ar and also to be paid by the City. Kathy Brooks
seconded the motion. which carried 7-0. Hugh said these are approximate annual
costs and both.carriers.have.a 15-month rate guarantee.
June 15, 1987 - continued
COMMERCIAL BUILDING PERMITS:
(A) Tolar Construction requested a building permit for a new office warehouse
at 5200 Highlands Parkway at a total estimated cost of $560,000. Hugh Ragan
made a motion the permit be approved. Jack Shinall seconded the motion which
carried 7-0.
(B) Heilig-Myers
construction at
made a motion
carried 7-0.
Furniture requested a grading permit for proposed new
the corner of South Cobb Drive and Church Road. Jim Hawkins
the permit be approved. Jack Shinall seconded the motion which
CONSENT AGENDA:
(A) 3-way stop sign at Bank Street & Fraser Street
Jack Shinall said he would like to put out a newsletter to residents in the
Bank Street/Fraser Street area to get their input on the stop sign that was
placed there on a 90 day trial period and made a motion this be tabled. Hugh
Ragan seconded the motion which carried 7-0.
COUNCIL INPUT:
Bob Davis said he could see a big improvement in the clean up work being done
on Highland Drive and was pleased with the progress.
Joel Harrell said he was pleased with the property acquisition for the Public
Works department which shows that council is dedicating funds to provide the
best service possible to the citizens.
Jerry Mills asked for a report on the sewer rehab. Jim Belk said Phase III
will start when problems on Phase II are corrected and hoped that within the
next we could see enough progress to give the contractor notice to proceed,
but actual work would not start for probably 2 to 3 weeks.
Jim Hawkins commended council for approving the change of rank in the police
department and said he has received many favorable comments about how smoothly
our court is running with the new solicitor.
Jack Shinall said it seems we are having more problems in the older
neighborhoods with renters not keeping up their yards and asked if there was
an ordinance we could enforce. John Patterson said that Section 11-20 of the
code allows the City, after 10 days, to go onto the property and clean it up
and then bill the owner. The City Attorney has ruled this practice
constitutional and we will continue to do it as needed. Jack said there are
two locations now that are a problem and would like to do whatever is
necessary to place the owners on notice. Also, he would like to establish a
procedure with our Public Works Department or a private contractor to handle
the clean up work.
Kathy Brooks reported on the 4th of July festivities at King Springs Park.
Hugh Ragan said there would be a called meeting on June 22 for the purpose of
adopting the 1987-88 budget. Hugh said he thought this was a good budget which
would provide for on-going services and is in keeping with some of the good
things they were trying to do for the City. Hugh thanked John Patterson and
his staff for development of the budget and also the Mayor and other council
members for their hard work.
Mayor Bacon congratulated the AAU champs
appreciated for this very worthwhile cause.
and
said any donations would be
With no further business, meeting adjourned at 9:52 p.m.
************************
June 22, 1987
A special called meeting of Mayor and Council was held June 22, 1987 at Smyrna
City Hall. The meeting was called to order at 7:40 p.m. by presiding officer
Mayor A. Max Bacon. All council members were present except for Kathy Brooks
who was ill. Also present was City Administrator John Patterson, City Clerk
Melinda Dameron and representatives of the press.
June 22, 1987 - continued
The purpose of this meeting was to approve the 1987-88 budget and tax millage
rate. Finance Committee Chairman Hugh Ragan presented the budget which was
balanced with no tax increases or fee increases. The total budget is
$14,750,680, a 12.3% increase from last year. The Finance & Administration
budget includes $25,000 for consulting fees to pay for services of a third
party firm to provide a plan for a public relations campaign and image
enhancement c-alIlp""ign. Also included is the second annual payment for the
lighting. OfSR'lJ-t;:}J,Gobb DJ;'ive, an employee's family picnic and awards banquet.
The Policep~~~J;'t~ent budget includes money for station renovations to provide
additional sp.ace.ap.dnew patrol cars. In the Fire Department, we hope the new
Camp Highland fire station will become a reality and additional personnel are
budgeted for that. The rescue operation has been transferred to the Fire
Department. The Public Works budget includes $250,000 for drainage
improvements and we anticipate this program to continue for several years.
Also included is $23;6,OO{) for road improvements and part time right of way
maintenance crews. In Go~unity Development, a full time position created in
1987 is in the proc.e::;;s of.being filled. The Parks budget includes re-roofing
of Church Street c$ut;:er and King Springs bath house, paving Rose Garden
parking area, resul.'"f""ctng tennis courts, exit road around the Church Street
facility and mainten""nc-e on various parks buildings. The General Government
budget totals $1,S9a.Q27; Public Safety $5,159,945; Community Service
$1,147,794; Public Works $6,207,809 and Debt Service $660,205.
Jerry Mills said not appreciate reading about the budget in the
newspaper before voted on and because the story was premature, the
figul.'"es were not accurate. Council did not have the opportunity to make
changes before it was announced. Hugh Ragan said some of the figures did
change but the article did state this was a proposed budget and had not yet
been adopted. After further discussion, Hugh Ragan made a motion the 1987-88
budget be adopted as presented. Joel Harrell seconded the motion which carried
6-0.
Hugh Ragan made a motion the tax millage rate for 1988 be set at 11.5, no
increase from last year. Jim Hawkins seconded the motion which carried 6-0.
With no further business, meeting adjourned at 7:50 p.m.
r
7