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05-02-1988 Regular MeetingMay 2, 1988 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 2, 1988. 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 Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Jessie Summey, pastor of Ponders Baptist Church followed by the pledge to the flag. CITIZENS INPUT• PUBLIC HEARINGS• Nothing to report. (A) Request for beer and wine package license - Big Star, 3205-B South Cobb Drive. John Patterson said that Mr. Carroll Siceloff has applied as acting agent for the beer and wine package license for the new Big Star in the K-Mart Shopping Center. Mr. Siceloff holds the license for two other Big Star locations at King Springs Road and Hargrove Road. There was no opposition. Mr. Siceloff said he was the Merchandising Services Manager for Big Star. This license will be to replace the one now held at the King Springs Road location which will close when their lease is up in August. Jim Hawkins made a motion the license be approved subject to the report of the background investigation being included in the file. Jack Shinall seconded the motion which carried 7-0. (B) Rezoning request - 9.9 acres at King Springs Road and South Cobb Drive from Future Commercial to General Commercial. Bob Betenbaugh made a motion the zoning be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. (C) Variance request - increase square footage of sign for Post Properties at Village Parkway and Spring Road. John Patterson said that Post Properties is requesting this variance to allow placement of a directional sign at Village Parkway and Spring Road to be 54 square feet in size. Maximum size allowed by the Code is 12 square feet. There was no opposition. Dan Faulk said he was representing the owners association of the four different apartment complexes in the village. The combined sign will be much neater and more attractive than the separate signs for each development they are presently using and some of the existing signs have already been removed. The signs will be mounted on a brick base with heavy landscaping, typical of the Post developments. Mr. Faulk said they were requesting this variance for signs at both ends of Village Parkway which he thought would be an improvement. The Post Village owners association will be responsible for maintenance of the signs and landscaping. Following discussion, Bob Davis made a motion the variance be approved for the sign at Village Parkway and Spring Street. Jerry Mills seconded the motion which carried 7-0. (D) Variance request - increase square footage of sign for Post Properties at Village Parkway and Windy Hill Road. There was no opposition and Jerry Mills made a motion the variance be approved to also increase the square footage of this sign from the 12 square feet allowed by Code to 54 square feet. Bob Davis seconded the motion which carried 7-0. (E) Variance request - reduce front, side and rear setback, reduce parking and increase signs for Amoco Oil, 3402 South Cobb Drive. John Patterson said that Amoco Oil is proposing to tear down the -existing full service station to construct a self service station/convenience store with car wash. The following variances have been requested: 1) Reduction of the front setback from 50 feet to 38.2 feet 2) Reduction of the Lake Drive setback from 33 1/3 feet to 16.20 feet May 2, 1988 meeting - continued 3) Reduction of rear setback for an accessory building from 5 feet to 1 foot 4) Reduction of required parking from 6 spaces to 2 spaces 5) Installation of two signs per property frontage There was no opposition to the variance request. Don Harkleroad represented Amoco and said they wanted to re -build this site with a modern facility comprised of a convenience store with gas pumps and car wash. There will be no outside storage or no work performed on vehicles. The front yard setback reduction is requested from 50 feet to 38.2 feet due to the overhang of the gas canopy. The canopy is detached from the building itself and the columns for the canopy are within the setback. Mr. Harkleroad said the setback reduction on the Lake Drive side is being requested because the same conditions exist with the canopy overhang but the main building will sit 50 to 60 feet away from the street. The rear setback is needed because the property does not have enough depth for the car wash to provide sufficient room for the tanks and maneuverability of vehicles. McDonald's is purchasing the property to the rear and they stated they had no objection to the variance but because of time constraints could not provide a letter to that effect. Mr. Harkleroad said they would withdraw their request to reduce parking and increase their signage. Following discussion, Jim Hawkins made a motion the first three variances be approved as requested, to reduce the front, side and rear setbacks. Kathy Jordan seconded the motion which carried 7-0. (F) Closing of un-named street parallel to Atlanta Road at Jane Lyle Road. Wade Lnenicka made a motion this item be tabled to the May 16th meeting since Post Properties is still working with the State Department of Transportation on curb cuts. Jerry Mills seconded the motion which carried 7-0. FORMAL BUSINESS• (A) Approval of Boys Club site location. John Patterson said the Boys Club has been trying to locate a facility in Smyrna to meet the needs of our youth and the 4 acres at North Smyrna Park has been suggested as a site for them. The proposed North Smyrna Park property was reviewed by the Parks Commission and Council Committee and they have recommended this site. Additional work will need to be done to satisfy the requirements of the National Park Service but the action tonight will be to ensure the Boys Club the site will be available to them. Bob Betenbaugh made a motion a resolution be adopted to approve the site for the future boys club location subject to approval of the proper governmental authorities. Jack Shinall seconded the motion which carried 7-0. (B) Amendment to retirement plan. John Patterson said that several months ago, the City amended the retirement plan with JMEBS to allow public safety employees to contribute toward their retirement, in addition to the amount the City already contributes for employees. None of the public safety employees were made aware of the binding clause in the contract that once they enrolled, they could not get back out. Since that time several have expressed a strong desire to exit the program. The proposed amendment tonight will provide a 30 day window to allow employees to enroll once and for all, or to exit the program permanently. Jim Hawkins made a motion the amendment be approved, to provide for open enrollment of the contributory retirement plan for public safety employees from May 1-31, 1988. Kathy Jordan seconded the motion which carried 7-0. (C) Employee Assistance Program. John Patterson said that Dr. Michael Langley with the Center for Psychological and Counseling Services has presented an employee assistance program to provide assistance to our employees who have problems ranging from drug and alcohol abuse through stressful issues such as divorce, child abuse, or job related problems. The annual fee for the program is $7,300 and the impact on the current budget to begin immediately will be $1,200. May 2, 1988 meeting - continued Jim Hawkins made a motion the employee assistance program be approved at an annual contract amount of $7,300., Bob Davis seconded the motion which carried 7-0. (D) Zoning ordinance amendment - Section 715, Tourist Services. Bob Davis made a motion the amendment be tabled to the June 6th meeting. Wade Lnenicka seconded the motion which carried 7-0. (E) Validation of signatures to annex 0.2587 acres on Lake Drive. Attorney Camp read the application for annexation as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent 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 412 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING commence at an iron pin which marks the intersection of the southwesterly right of way of South Cobb Drive (right of way 100 feet from centerline) with the southerly right of way of Lake Drive (50 foot right of way); thence run along said right of way of Lake Drive south 54 degrees 30 minutes 43 seconds west a distance of 148.12 feet to an iron pin and the TRUE POINT OF BEGINNING; from said point of beginning thus established and leaving said right of way run south 34 degrees 37 minutes 14 seconds east a distance of 150.00 feet to an iron pin; thence run south 54 degrees 30 minutes 00 seconds west a distance of 75.05 feet to an iron pin; thence run north 34 degrees 41 minutes 42 seconds west a distance of 149.95 feet to an iron pipe on the southerly right of way of Lake Drive (50 foot right of way); thence run along said right of way north 54 degrees 27 minutes 35 seconds east a distance of 75.25 feet to the POINT OF BEGINNING. 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. L. F. DOBBS Jim Hawkins made a motion the petition be validated and the public hearing date set for June 6, 1988. Wade Lnenicka seconded the motion which carried 7-0. (F) Validation of signatures to annex 1.68 acres at Benson Poole & Jones Shaw Road. Attorney Camp read the application for annexation as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent 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: BEGINNING at the northeast right of way of Benson Poole Road and the north right of way of Jones Shaw Road intersection; thence running north 40 degrees 30 minutes 12 seconds east along the northeast right of way of Benson Poole Road a distance of 153.02 feet to a point; thence south 83 degrees 03 minutes 11 seconds east a distance of 120.16 feet; thence north 40 degrees 12 minutes 50 seconds east a distance of 62.0 feet; thence south 83 degrees 14 minutes 46 seconds east a distance of 77.36 feet; thence north 40 degrees 49 minutes 50 seconds east a ,distance of 98.8 feet; thence north 89 degrees 15 minutes 03 seconds east a distance of 37.40 feet; thence north 89 degrees 15 minutes 02 seconds east a distance of 98.42 feet; thence south 14 degrees 29 minutes 26 seconds west a distance of 235.88 feet to the north right of way of Jones Shaw Road; thence north 89 degrees 22 minutes 22 seconds west along the right of way of Jones Shaw ,Road a distance of 99.56 feet; thence along right of way of Jones Shaw Road and following the curvature a distance of 139.79 feet; thence continuing along right of way of Jones Shaw Road an arc distance of 207.7 feet to the POINT OF BEGINNING. May 2, 1988 meeting - continued WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION: Witness the hands and seals of 600 of the record title holders of the land described above: s/JAMES A. EVANS, JR. Kathy Jordan made a motion the petition be validated and the public hearing date set for June 6, 1988. Jack Shinall seconded the motion which carried 7-0. RTn AWAPnR (A) Architectural services for community center/library. John Patterson said that council had established December 31, 1988 as the objective date to achieve site selection, architectural drawings and funding for the library/community center. On April 25th the firm of Sizemore Floyd Architects presented to council their proposal for assisting the City in meeting their deadline through their facilities programming which is unique to their firm. Recently while trying to secure architects for the fire station, many architectural firms were contacted regarding the services they provide but none of those firms provided the services as specified by Sizemore Floyd, who presented a very competitive cost for all architectural services including interior design and landscaping. Jim Wiley with Sizemore Floyd explained the facilities programming concept which would place each component of the building process on a wall in City Hall; each item would be listed on a 5 x 7 card with the objective of each particular item. All data is gathered and cost is added to each item with a bottom line figure. They are able to show the impact of a particular component of the development so there are no surprises at the end of the process. Mr. Wiley said the only other firm he knew of that provided this same service was CRS in Houston; there were no local firms he was aware of. Bob Betenbaugh asked about site selection. Mr. Wiley said the City would need a site selection because the site and the site development will affect the ultimate cost of the project. Mayor Bacon said Sizemore Floyd gave a very good presentation at the work session Monday night and he thought everyone was comfortable with their proposal. Mayor Bacon said he hoped that council tonight would approve the architectural services so that we could proceed and hopefully meet the goal that was established during the retreat at Cohutta Lodge early this year. Jack Shinall told Mr. Wiley he had been presented as a sole supplier tonight and asked if similar systems were not available from other architectural firms locally. Mr. Wiley said he did not know of another firm in town that uses the "squatters" method, coming to the customer's facility and using their rooms for collection of data so that it can be changed and fine tuned as the ideas come forward. Jack Shinall said this is a contract that may range from $50,000 up and it was very difficult for him to vote on a sole supplier situation. He also felt this was possibly not a sole supplier situation because as late as today, he had talked to an architect with Heery and Heery who had stated their firm could provide the same service. Sizemore Floyd is a very reputable firm but Mr. Shinall said he thought it would behoove him to look at all options and was not ready to award a contract of this magnitude tonight. Bob Betenbaugh said this is a personal services contract and did not think there was any way possible to draw an exact distinction between architectural firms. We need to get competitive bids in all cases where we are in a position to do so, but in view of the fact that we received an extensive and impressive resume from Sizemore Floyd and have been able to check some of his references, Bob Betenbaugh said he would make a motion we award the contract to Sizemore Floyd, with the entire project to be very closely monitored. The motion was then withdrawn at the request of Wade Lnenicka to allow further discussion. Jerry Mills said this was an important issue to council and to the City and he, would like for them to be unanimous in their vote. During discussion Attorney Camp said council was not required by law to request bids for personal service contracts; it is more of a quality decision for them to make. Jack Shinall said he had committed to the civic center and also to the December 31st deadline, but wanted to have the time to make some personal contacts before taking a vote and would like to have this issue tabled for two weeks. May 2, 1988 meeting - continued Wade Lnenicka said there were some modifications he would like to see made to the contract before signing and after further discussion, Bob Betenbaugh made a motion the architectural services be awarded to Sizemore Floyd and the contract be negotiated before signing. Kathy Jordan seconded the motion. Jack Shinall said he was not ready to vote on a contract of this magnitude and made a motion this item be tabled to the next meeting. Jerry Mills seconded the motion to table which failed 2-5, with Bob Betenbaugh, Kathy Jordan, Jim Hawkins, Wade Lnenicka and Bob Davis opposed. Vote•on the main motion to award the contract to Sizemore Floyd carried 6-1 with Jack Shinall opposed. COMMERCIAL BUILDING PERMITS: (A) Everett Royal requested a building permit for a self service car wash on Powder Springs Street behind and between the Amoco station and Piccadilly Restaurant at an estimated cost of $51,000. Jack Shinall said he had not seen the plans and had some questions about the curb cuts on Powder Springs Street and made a motion the permit be tabled. Jim Hawkins seconded the motion which carried 7-0. (B) Lamar Dickson requested a building permit for office warehouse space behind Dickson Shopping Center at a total estimated cost of $352,000. Jim Hawkins made a motion the permit be tabled to the next meeting. Bob Davis seconded the motion which carried 7-0. CONSENT AGENDA• (A) Approval of April minutes (B) Re -bid Sand Kat 725G (C) Approval to surplus equipment from Parks Department (D) "No parking" signs on Sharon Circle Jerry Mills made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Wade Lnenicka said the speed humps have been installed on Creatwood Trail in response to a petition presented some time ago. Wade Lnenicka said residents on Ann Road are still having problems with trains using the area behind their homes as a holding yard and wanted to let them know he is meeting ;with officials from the railroad this week. Also, he is monitoring the construction of the new Post development at Jane Lyle and Atlanta Road since there have been complaints. Jack Shinall asked when the paving on Bank Street would be completed and said there would be a Fire Committee meeting tomorrow night. Kathy Jordan said the Moonlight Gala has been rescheduled for June loth after the rain -out. Bob Betenbaugh reported on Parks activities. With no further business, meeting adjourned at 9:25 p.m. �A. MAX ACON, MAYOR BOB DAVIS, WARD 1