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09-16-1985 Regular MeetingSeptember 3, 1985 - Continued that other arrangements need to be made. Jim Hawkins said that King Springs Pool is still open and registration is still open for classes sponsored by the Parks and Recreation Department. Jim also reminded everyone of the Fall Festival on September 14th. Jim Hawkins said the Clean City Commission has two locations available to deposit newspapers for recycling; one at the fire station on Spring Road and another at Cobb Center Tire on Benson Poole Road. With no further business, meeting adjourned at 9:05 p.m. ************************ September 16, 1985 The regular scheduled meeting of Mayor and Council was held September 16, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Willouise Spivey and representativaes of the press. Invocation was given by Kathy Brooks followed by the pledge to the flag. PUBLIC INPUT: Sue Brissey of 471 Havilon Way asked about the status of the Concord Road parking lots. Attorney Camp said the City has not instituted legal action on Concord Road parking lots at this point and time. Mrs. Brissey said it has been 4 years since she initially brought this before council. Some have complied and others have totally ignored us. Chuck Camp said to his knowledge there are only two that are not within compliance now; the others have either complied or are grandfathered. Mrs. Brissey said she disagreed; there were many others that had not complied. Mrs. Brissey said she also noticed today that someone has made a parking lot on the right of way of Atlanta Road and also complained of the eyesore created by AAA Cab on Atlanta Road @ Spring Road. Jim Hawkins recommended that Mrs. Brissey come to City Hall and talk with John Patterson regarding the parking lot situation and we would'check into her other complaints. Frances Grant of Stonecreek Road stated she had recently been denied a variance to rent the basement of her home and said this was her primary source of income. Without it, she would be forced to sell her home. John Patterson said at the time the first request was made a letter from Mrs. Grant's attorney was submitted and she did not go through the variance procedure as required. Jim Hawkins recom- mended that Mrs. Grant make an appointment with Mr. Patterson to help her with the variance procedures. DEPARTMENT REPORTS: John Patterson said the department head reports would probably begin next month and we are still working on a format for those reports. PUBLIC HEARINGS: (A) Variance request by Post Properties, Inc. on parking and buffer requirements for F&M Villages, Inc. There was no opposition and Richard Denney represented Post Properties. Mr. Denney said they were asking for a variance to reduce the number of parking spaces from 1,426 to 1,177. Mr. Denney said they used the formula as they did in all their villages for parking; being 1.5 spaces per 1 bedroom and 1.75 for 2 and 3 bedroom units. The second variance is for parking in the buffer due to the tightness of this remaining site and is needed for the development to be aesthetically pleasing. This property is zoned for 16 units per acre and the variances would have no effect on density. 600 of the development will be 1 bedroom and 400 2 bedroom apartments. N John Patterson said for the last 5 years Post has developed their projects based 1 on this same formula for parking and there appears to be no problem with it. j The buffer strip they are asking to encroach upon is along Village Parkway and September 16, 1985 - Continued there are no adjacent property owners being affected.Mr. Denney said there are only 3 buildings that will encroach into the 20 foot buffer area, because of the garage additions. Bob Davis made a motion the two variances be approved as requested. Jack Shinall seconded the motion which carried 6-0. (B) Variance request filed by L. L. Kimberly on side and rear yard setbacks at 2200 Old Spring Road. Mr. Kimberly was present and there was no opposition. Mr. Kimberly said he was requesting a variance of 9 feet for construction of a garage at his home. Mrs. Brooks, the adjacent property owner signed a letter indicating she had no objections to the variance. With little discussion, Kathy Brooks made a motion the variance be approved. James Williams seconded the motion which carried 6-0. (C) Annexation of 4340 Fawn Lane. Glenda W. Brennan requested annexation of her home at 4340 Fawn Lane, the legal description having been read and made a part of the minutes of the August 19, 1985 meeting. There was no opposition and Hugh Ragan made a motion the annexation be approved to become a part of Ward 7. Kathy Brooks seconded the motion which carried 6-0. (D) Rezoning of property at 1264 Concord Road from Future Commercial to Limited Commercial. There was no oppositon and Bob Davies with Avesta Realty represented C. M. Hamby in the zoning request. Mr. Davies said if rezoned, the property would be renovated and rented out for office space. Max Bacon stated the Planning and Zoning Board - had unaninmously recommended the zoning be approved. With no further discussion, Max Bacon made a motion the property be rezoned as requested. Hugh Ragan seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Classification and compensation pay study. John Patterson said that prior to coming with the City he was asked to conduct a pay plan study. With the help of the department heads they upgraded job descriptions and then went to 6 local governments and 6 private firms and received their salary information. This information was compared by classification title to ours, the structure reviewed and the financial impact examined. With the help of the Finance Committee an implementation schedule was developed. Mr. Patterson said this was a plan that was up to date and should provide a means where we can retain qualified employees and attract those through a recruitment and selection process. Jack Shinall said this was not an across the board increase and not a handout; the staff did a good job in comparing us to the surrounding areas and this will improve our ability to recruit and retain the employees we have. Funds for this study were approved in the 1985-86 budget in the contingency fund. Each job within the study has been studied including fire and police and during the next few weeks we will begin the implementation of this program. Jack Shinall made a motion the classification and compensation plan be adopted effective with the pay period beginning October 2, 1985. The motion also includes the funding for this plan and its implementation from the contingency fund where the monies were placed during the last budget adoption. Also, that a 6-month phase -in plan be adopted in some of the areas where skills need to be improved and to help bring our employees in line with our classifications. James Williams seconded the motion which carried 6-0. Jim Hawkins said these funds were available due to our growing tax digest, without a tax increase. Also, John will be holding a meeting with the employees of the City to explain exactly how the plan will be implemented. _-I- - (B) Set date of public hearing to annex 7 roadways. John Patterson said in the past the City has had trouble with enforcement on several road areas and we requested approval from the Department of Transportation to annex these roads and received it. Therefore, we are suggesting that we annex 1-1' 0 0 . k. S9i *-; , in! September 16, 1985 - Continued these roadways into the City to maintain consistent law enforcement and protection for the citizens. A letter from Commissioner Moreland was also received, giving his approval to annex the roadways. Attorney Camp read the legal descriptions of the roadways as follows: All that tract or parcel of land lying and being in Land Lots 602, 603, 621, 677, 692, 691, 690, 752 and 753 of the 17th District, 2nd Section, Cobb County, Georgia, known as South Cobb Drive, being more particularly described as follows: BEGINNING at the centerline of South Cobb Drive (SR280) at Ridge Road and the existing city limits, said property being a strip of roadway 200 feet in width, lying 100 feet on either side of the centerline; running thence in a southeasterly direction along the centerline of South Cobb Drive a distance of 11,800 feet more or less to the north line of Land Lot 754. All that tract or parcel of land lying and being in Land Lots 241, 264, 265, 311, 339, 340, 381, 380, 413 and 338 of the 17th District, 2nd Section, Cobb County, Georgia, known as Concord Road, being more particularly described as follows: BEGINNING at the centerline of Concord Road at Mosswood Lane; said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a northeasterly direction along the centerline of Concord Road a distance of 9,578± feet to the intersection of Concord Road }� and South Cobb Drive (SR280). All that tract or parcel of land lying and being in Land Lots 528, 527, 526, 525, 483, 484 and 485 of the 17th District, 2nd Section, Cobb County, Georgia, known as King Springs Road, being more particularly described as follows: BEGINNING at the centerline of King Springs Road at South Cobb Drive; said property being a strip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence in a northerly direction along the centerline of King Springs Road a distance of 6,700± feet to the intersection of King Springs Road and Concord Road. All that tract or parcel of land lying and being in Land Lots 699, 700, 669, 668, 629, 596, 595 and 558 of the 17th District, 2nd Section, Cobb County, Georgia, known as Atlanta Road (SR3), being more particularly described as follows: BEGINNING at the centerline of Atlanta Road (SR3) at Ridge Road; said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a northwesterly direction along the centerline of Atlanta Road a distance of 7,400±,*feet to the intersection of Atlanta Road and Concord Road. All that tract or parcel of land lying and being in Land Lots 444, 445, 421, 420, 372, 373, 349, 348, 300 and 301 of the 17th District, 2nd Section, Cobb County, Georgia, known as Pat Mell Road, being more particularly described as follows: BEGINNING at the centerline of Pat Mell Road at Atlanta Road (SR3); said property being a strip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence east along the centerline of Pat Mell Road a distance of 5,200± feet to the intersection of Pat Mell Road and South Cobb Drive (SR280). - All that tract or parcel of land lying and being in Land Lots 662, 663, 634 and 633 of the 17th District, 2nd Section, Cobb County, Georgia, known as Smyrna - Roswell Road, being more particularly described as follows: BEGINNING at the centerline of Smyrna Roswell Road at Atkins Road; said property being a strip of roadway 50 feet in width and lying 25 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Smyrna Roswell Road a distance of 3,800± feet to the intersection of Smyrna Roswell Road and Mathews Street. a All that tract or parcel of land lying and being in Land Lots 632, 631, 593 and 594 of the 17th District, 2nd Section, Cobb County, Georgia, known as Spring Street, being more particularly described as follows: BEGINNING at the centerline of Spring Street at New Spring Road; said property being a strip of roadway 40 feet in width and lying 20 feet on either side of September 16, 1985 - Continued the centerline; running thence west along the centerline of Spring Street a distance of 1,600± feet to the intersection of Spring Street and Anderson Circle. Chuck Camp read the closing remarks in the letter from Tom Moreland stating that he hoped this would assist in providing consistent enforcement and protection of these locations. Jack Shinall made a motion the signature of Thomas Moreland be validated as owner of the roadways described and the public hearing date be set for October 7, 1985. Kathy Brooks seconded the motion which carried 6-0. (C) Validate signatures for annexation of 9.87 acres on Atlanta Road. Attorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (600) of the owners of the land area by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 595 of the 17th District, 2nd Section in Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located on the south right of way of L&N Railroad, 588.00 feet from the intersection of said right of way and the land lot line of Land Lots 595 & 630; go thence south 18 degrees 34 minutes 44 seconds west, a distance of 677.37 feet to an iron pin on the north right of way of Atlanta Road; go thence along said right of way north 53 degrees 12 minutes 13 seconds west, a distance of 797.15 feet to an iron pin; go thence north 43 degrees 52 minutes 21 seconds east, a distance of 692.25 feet to an iron pin on the south right of way of L&N Railroad; go thence along said right of way south 48 degrees 13 minutes 35 seconds east, a distance of 502.00 feet to an iron pin and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/JOHNNY L. ROPER Max Bacon made a motion the signature be validated and the public hearing date set for October 7, 1985. Bob Davis seconded the motion which carried 6-0. (D) Validate signatures for annexation of lot on Smyrna Hill Drive. Atttorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 381, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin on the south right of way of Smyrna Hill Drive (having a 40 foot right of way), said point being 195.8 feet westerly along the south right of way of Smyrna Hill Drive from the intersection of the south right of way of Smyrna Hill Drive and the east land lot line of Land Lot 381; said point also being the northwesterly corner of the property now or formerly owned by Roy P. Fowler, Jr., et al, as conveyed by Warranty Deed at Deed Book 1902, page 512; running thence 65 feet, more or less, in a westerly direction along the southerly side of Smyrna Hill Drive to an iron pin located at the northeasterly corner of the property owned by South Cobb Roller Rink Company as shown at Plat Book 51, page 1; running thence 117.6 feet in a southwesterly. direction to an iron pin; running thence southeasterly 75 feet, more or less, to a point on the west. a September 16. 1985 - Continued erly line of said Roy P. Fowler, Jr., et al property; -running thence northerly 130 feet, more or less, to an iron pin on the south right of way of Smyrna Hill i Drive and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 600 of the land area above described by acreage: s/SAMUEL F. COCHRAN Hugh Ragan made a motion the signatures be validated and the public hearing set for October 7, 1985. Jack Shinall seconded the motion which carried 6-0. (E) Validate signatures for annexation of 2.027 acreas on Mavell Road at Seaboard Railroad right of way. Attorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts •1966, Pages 409, 410, 411,• 412, 413; 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 533 of the 17th District, 2nd Section of Cobb County, and being more particularly described as follows: BEGINNING at a point located at the intersection of the northwestern right of way line of Mavell Road (a 50' right of way-) 7and- the- northeastern -right of way line of the Seaboard Systems Railroad (a 150' right of way); thence North 70 degrees 44 minutes 21 seconds West along the northwestern right of way line of Seaboard Systems Railroad right of way a distance,of 408.80 feet to a point; thence North 01 degrees 50 minutes 00 seconds East a. distance of 178.18 feet to a point; thence South 70 degrees 44 minutes 21 seconds East a distance of 601.26 feet to an iron pin located on the Northwestern right of way line of Mavell Road; thence South 45 degrees 35 minutes 48 seconds West along the north western right of way line of Mavell Road a distance of 13.24 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 50 degrees 11 minutes 57 seconds West a distance of 51.25 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 50 degrees 57 minutes 46 seconds West a distance of 34.38 feet to an iron pin;, thence continuing along the northwestern right of way line of Mavell Road South 54 degrees 46 minutes 59 seconds West a distance of 42.03 feet to a point; thence continuing along the northwestern right of way of Mavell Road South 61 degrees 56 minutes 30 seconds West a distance of 34.33 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 75 degrees 23 minutes 58 seconds West a distance of 31.57 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 81 degrees 20 minutes 56 seconds West a distance of 16.86 fet to the point of BEGINNING: said tract containing 2.027 acres as shown on the plat prepared by Gudget Surveying dated August 14, 1985. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 600 of the land area above described by acreage: s/ALISA ANN THOMAS Hugh Ragan made a motion the signature be validated and the public hearing date set for October 7, 1985. Kathy Brooks seconded the motion which carried 6-0. (F) Jack Shinall made a motion that Eddie Eldredge be reappointed to the Parks and Recreation Commission representing Ward 5. Hugh Ragan seconded the motion which carried 6-0. (G) Kathy Brooks made a motion that Sarah McDaniel be reappointed to the Parks and Recreation Commission representing Ward 6. Max Bacon seconded the motion September 16, 1985 - Continued which carried 6-0. AWARD OF BIDS: (A) John Patterson said bids were let several weeks ago for guns and leather for the Police Department and opened September 9th. Bids were sent to 6 companies with 5 responding. $35,000 was budgeted and Mr. Patterson recommended the bid be awarded to G.T. Distributors, the low bidder at $24,670.69. Hugh Ragan made a motion the bid be awarded to G.T. Distributors. Bob Davis seconded the motion which carried 6-0. (B) John Patterson said the Public Works Department had requested, during the budget process, a garage addition that would allow coverage for the sewer jet machine. $10,000 was budgeted in Revenue Sharing for this addition and bid requests were mailed to 4 companies, with 2 responding. A -Buck was the original contractor that built the garage and also was the low bidder on the addition at $10,471. Upon the recommendation of John Patterson, James Williams made a motion the bid be awarded to A -Buck, Inc. with $10,000 to be paid from Revenue Sharing and the $471 balance to be paid from the Water and Sewer Fund. Bob Davis seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Circuit City requested a building, permit to add a structural steel and concrete mezzanine over the car, stereo installation area at a total estimated cost of $16,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (B) City Group, Inc. requested a building permit for tenant finish at 1955 Lake Park Drive at a total estimated cost of $14,500. Bob Davis made a motion the permit be, approved subject to approval of the City Engineer and Fire Marshal. Max Baconr-seconded, •.the motion, which carried 6-0. (C) Cobb Center Mall requested a building permit for renovation of several tenant spaces at a total estimated cost of $250,000. Kathy Brooks made a motion the permit be.approved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 6-0. COUNCIL INPUT Max Bacon said the Cobb Municipal Association would meet tomorrow night at -Marietta City Hall to further discuss the "Happy Hour" ordinance. Jack Shinall thanked John Patterson, Willouise Spivey and Melinda Dameron for `-✓ the work they did on the salary study. Kathy Brooks said she was happy to see the building permits approved for Cobb Center tonight and they are coming along with the renovation. Jim Hawkins thanked Sherry Reavis and her staff for the good job they did with the Fall Festival this Saturday and it was a great success. Jim also thanked Elsie Rape and her Clean City Commission. Jim Hawkins said that contrary to a recent newspaper article, the City of Smyrna was not dragging its feet on adopting a "Happy Hour" ordinance and we were anxious to get an ordinance approved. With no further business, meeting adjourned at 8:45 p.m. ************************ September 23, 1985 A special called meeting of Mayor and Council was held September 23, 1985 at 6:00 o'clock p.m., Smyrna City Hall. The meeting was called to order by Mayor Protem Jim Hawkins. All council members were present except Jack Shinall. The purpose of this meeting was to consider a variance request for Pearlie Elliott, 162 Davenport Street.