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05-04-1987 Regular Meeting3$ May 4, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 4, 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 Noel Burt, pastor of Faith United Methodist Church, followed by the pledge to the flag. DEPARTMENT REPORTS: Reports were given by Public Works, Parks, Clean City Commission and Library. PUBLIC HEARINGS: (A) Annexation of 10 acres on South Cobb Drive south of Wisteria Lane. John Patterson said that Don Hammett has requested the annexation of this 10 acre tract on South Cobb Drive at Wisteria Lane in Land Lot 482. There was no opposition from the audience and Jim Hawkins made a motion the property be annexed into the City to become a part of Ward 4, the legal description being read and made a part of the minutes of the April 6, 1987 meeting. Jack Shinall seconded the motion which carried 7-0. (B) Rezoning request - 10 acres on South Cobb Drive from residential to Residential High Rise. John Patterson said that Don Hammett is requesting that 9.11 acres of the property just annexed be rezoned under Section 1009 of the Code. The Planning and Zoning Board recommended approval with several stipulations. Property to the north and east is R-20 with R-15 to the west and RM-12 to the south. There was no opposition. Mr. Hammett said he has an agreement with Post Properties to purchase and develop this property and presented a rendering of their proposed development. They will also acquire an additional 6 acres from Mill Pond that is already zoned to tie into this development. It will be an all adult community with 60% of the units one -bedroom and a density of 16 units per acre, totaling 145 units. Mr. Hammett said they have met with the homeowners on Alpine Drive and have agreed to a 75 foot setback with a 6 foot privacy fence which will be placed 10 feet inside the property line. The only entrance will be from South Cobb Drive and the portion of development adjacent to Mill Pond will be a dead-end, with no access through that development. There was some discussion about the 75 foot undisturbed buffer and Mr. Camp said if this area is designated as an undisturbed buffer, the developer cannot go into that area without notification to the City Engineer. Mr. Hammett said he would prefer to have a 75 foot setback with 50 feet designated as an undisturbed buffer. Mr. Hammett said they would tie onto a 20" water main on South Cobb Drive. There is a sewer line coming across the property now but they will not tie into that because of elevation problems. Their plans are to tap into the line at Mill Pond. John Patterson said the existing line on the property has some surcharge problems and the line at Mill Pond is using a pump station, which is at capacity. There would have to be significant upgrades to the pump station before it could be used. Mr. Hammett said it was his understanding that it was only 100 to 150 feet from the pump station through Raymond Reeds property to another sewer line and you could eliminate the pump station completely by tying onto that line. Joel Harrell said he personally had problems with rezoning this property to 16 units per acre and didn't think this request would fit in the RHR category. The City does not have a zoning classification which allows 16 units per acre. Mr. Hammett said he understood the RHR category allows 3 separate types of development with density of up to 60 units per acre, with one being an elderly housing facility, and another an apartment category. Joel Harrell said the whole purpose of the RHR category is to allow a 10 or 15 story building. Joel said he had no problems with Post Property developments but was concerned about the precedent being set with this zoning. After further discussion, Jim Hakwins made a motion the zoning be approved as requested, with the following stipulations: (1) Maximum of 16 units per acre Mav 4. 1987 - continued (2) 75 foot undisturbed buffer behind homes on Alpine Drive --any work to be done in buffer area must be approved by City Engineer (3) 6 foot wooden fence installed no closer than 10 feet to property line of homes on Alpine Drive (4) All water and sewer engineering to be approved by City Engineer (5) Entrance only from South Cobb Drive (6) No buildings over 3 stories Jerry Mills seconded the motion which carried 6-1, with Joel Harrell opposed. (C) Annexation of 4343 Fawn Lane Hugh Ragan made a motion property at 4343 Fawn Lane be annexed into the City to become a part of Ward 79 the legal description being read and made a part of the minutes of the April 6, 1987 meeting. Jim Hawkins seconded the motion which carried 7-0. (D) Annexation of 3750 Gann Road Jim Hawkins made a motion property at 3750 Gann Road be annexed into the City to become a part of Ward 4, the legal description being read and made a part of the minutes of the April 6, 1987 meeting. Bob Davis seconded the motion which carried 7-0. (E) Variance request - front and side yard setback requirements at 619 Burbank Circle. John Patterson said that Jane Trevino is requesting a reduction of the side yard from 10 feet to 0 feet and a reduction of the front yard from 40 feet to 15 feet to allow construction of a carport along the north side of their home, over the existing driveway. The abutting affected property owner has been notified of this request and does not have an objection. There was no opposition. Ms. Trevino said the driveway would begin 15 feet from the sidewalk and extend to the rear of the house. John Patterson said there were some concerns expressed that the carport would jut out beyond the porch which is 24 feet from the street and would be too close to the road for safety sake and for aesthetics. It would be much better if it could be tied in with the home and not extend beyond the 24 foot setback. Following discussion, Kathy Brooks made a motion the variance be approved to reduce the side yard from 10 feet to one foot, and to reduce the front yard from 40 feet to 24 feet to not extend beyond the front of the existing house. Hugh Ragan seconded the motion which carried 7-0. (F) Variance request - side yard setback requirements at 4035 W. Cooper Lake Drive. John Patterson said that Ken Turner is requesting that the east side yard setback requirement be reduced from the required 12 feet to 8 feet at 4035 W. Cooper Lake Drive due to a mistake being made during placement of the batter boards resulting in the footing being placed too close to the property line. The adjacent affected property owner does not object to the variance and there was no opposition from the audience. Mr. Turner said the error was found after the footings had been dug and poured. Originally they thought the encroachment was only 3 to 7 inches but later found that they were several feet over the line. Mr. Turner said the error has certainly not benefited him; in fact it has hurt him by limiting access to his back yard. With little discussion Hugh Ragan made a motion the variance be approved. Kathy Brooks seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment creating position of City Solicitor. Jim Hawkins said that two of the goals the Police Committee had set a while back was the completion of a new court room facility and the appointment of a City Solicitor. This is a big step forward in having a more professionally run Mav 4. 1987 - continued court. The State is beginning to watch municipal courts much closer and some do not have that good a reputation. Jim said he thought this move tonight was a big step in the right direction. Jim read the proposed ordinance as follows: Whereas, the caseload of the Recorders Court of the City of Smyrna has grown over the years through increase in population and the increased legal authority of said Court to hear and try many new offenses; and Whereas, there is a need for establishment of the office of Solicitor of the Recorders Court of the City of Smyrna to assist the Court and prosecute criminal matters therein; now Therefore, there is hereby created the office of Solicitor of Recorders Court in and for the City of Smyrna, Georgia who shall serve at the pleasure of the Mayor and Council of the City of Smyrna, under such terms and for such purposes as may be from time to time prescribed by the Mayor and Council. The Solicitor shall prosecute, investigate, compromise, settle and generally resolve all matters coming before said Court, unless a plea of guilty is entered thereon, however, the Solicitor shall in no other way become the agent of, nor in any way bind the City of Smyrna in any civil action or any other matter which is not before the Court. Jim Hawkins made a motion the ordinance be approved. Jerry Mills seconded the motion which carried 7-0. (B) Solicitor's appointment. Jim Hawkins made a motion that Michael Whaley be appointed City Solicitor. Hugh Ragan seconded the motion which carried 7-0. Mr. Whaley was sworn in by Mayor Bacon. (C) Water/Sewer Rates. John Patterson said the county had approved and implemented a sewer rate increase and the water authority has a rate increase that will go into effect very soon and we must now pass those onto our customers in order to recoup the cost as required by our Water Revenue Bond Issue. Joel Harrell said the sewer increase came up several months ago at a council meeting and it was decided at that time to go back to the county and see if we couldn't have a 6 month moratorium before the increase went into affect. There was also discussion at that time about a previous agreement with the County that they would provide us with 6 months notice before implementing any increases. As of tonight, the Cobb County commissioners have still not considered our request. The proposed new fee for sewerage will be $1.65 per thousand from 1.06 per thousand. The proposed new water rates will be $1.10 per thousand from $.96 per thousand. The impact of these increases on a normal household would be approximately $7.30 per month based on an average use of 9 to 10 thousand gallons. Joel said these rates will still be one the lowest in the county. Joel also said we are obligated to recoup what it costs us to supply these services through the Water Revenue Bond Issue agreement. Joel Harrell made a motion the new rates be adopted; $1.65 per thousand for sewer and $1.10 for water, effective immediately. Hugh Ragan seconded the motion for discussion and said that none of council liked the situation they found themselves in but there was no choice. The City is dependent on Cobb County for these services and when they increase rates we have no choice but to pass it onto the citizens. Mayor Bacon said everyone was concerned with the increases. We received a short notice in November about the sewer increase and we fought for what we thought was an agreement with Cobb County to provide us 6 months advance notice of any increases. We have held off paying the increase and now are in arrears in an amount close to $58,000 for sewer treatment. Jack Shinall said we had also been told that we could expect an increase at least every other year. Jim Hawkins said that every year or so we are faced with this problem and we never have any choice in the matter. Jim said he was concerned about accountability on the County's part and thought the only resolution was to form some type of commission, similar to the Public Service Commission, where all rate increases would have to be justified and approved by this commission. Jim said he intended to pursue a bill such as this with our State legislators. May 4, 1987 - continued After further discussion, vote on the motion to approve the rate increases carried 6-1, with Jerry Mills opposed. (D) Validation of signatures to annex .54 acres on Concord Road in Land Lot 381. Attorney Camp read an application for annexation by Bobbie W. Hopper for property at 729 Concord Road as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lot 381 of the 17th District, 2nd Section, Cobb County, Georgia, being a part of Lot 3 of the subdivision of J. G. Cooper property, as shown on plat recorded in Plat Book 16, Page 23, Cobb County Records, being more particularly described as follows: Beginning at an iron pin on the southeast side of Concord Road 713 feet southwest from the intersection of the southeast side of Concord Road with the southwest side of South Cobb Drive; running thence southeasterly along the southwest side of Lot 2, said subdivision, 249.9 feet to an iron pin; thence southwesterly 90.2 feet to the southeast corner of Lot 4, said subdivision; thence northwesterly along the northeast side of said Lot 4, a distance of 248.8 feet to the southeast side of Concord Road; thence northeasterly along the southeast side of Concord Road 99.2 feet to an iron pin and 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/BOBBIE W. HOPPER Jim Hawkins made a motion the signatures be validated and the public hearing date set for June 1, 1987. Hugh Ragan seconded the motion which carried 7-0. (E) Approval of quit claim deed - Cobb Services for the Blind. John Patterson said the widening of Atlanta Road necessitated additional land acquisition to widen the turn radius at the intersection of Atlanta Road and Sunset Avenue. The City has a secured interest in this property which is owned by Cobb Services for the Blind and Low Visioned, as does Cobb County. The State is asking that the City quit claim a very small portion of the property at the corner of this intersection to Cobb Services for the Blind to give them clear title. Cobb Services for the Blind will, in turn, deed it back to the State to allow the intersection improvement. Jerry Mills made a motion the quit claim deed to Cobb Services for the Blind and Low Visioned be approved. Jim Hawkins seconded the motion which carried 7- 0. BID AWARDS: (A) Chlorinating system and scales for Jonquil'Pool. John Patterson said the existing chlorinating system at Jonquil Pool is outdated and there are no replacement parts. It must be replaced before the pool can open this season. Bids were recently requested, with only one company bidding. Jack Shinall made a motion the bid be awarded to McSwain Atlantic Corporation for a total of $2,060. Jim Hawkins seconded the motion which carried 6-0. Kathy Brooks was out of the room when the motion was made and vote taken. COMMERCIAL BUILDING PERMITS: None to bring before council. CONSENT AGENDA: (A) Civil Service Board chairs (B) LOGIN System Mav 4. 1987 - continued (C) Fixed asset appraisal system (D) Consolidation of positions (E) Approval of April minutes Hugh Ragan made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 6-0. COUNCIL INPUT: Mayor Bacon said he has recently received quite a few complaints from citizens about private contractors cutting off water without notification. Mayor Bacon said contractors throughout the City would be instructed to give prior notification before cutting off the water. With no further business, meeting adjourned at 9:21 p.m. May 18, 1987 The regular scheduled meeting of Mayor and council was held May 18, 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 Johnny Mackey, pastor of Smyrna Church of Christ followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were given from the Fire Department and Community Development Department. Mac Henderson representing Southern Bell apologized to Mayor and Council for the mistake in the new Smyrna telephone directory. On the inside pages there is quite a lot of information about the City of Marietta and the services they provide, but Smyrna was only mentioned under health and medical care. Mr. Henderson said it was too late to correct the error because the books have been distributed, but it will be corrected next year. PUBLIC HEARINGS: (A) Annexation of property on Camp Highland Road. There was no opposition and Hugh Ragan made a motion the Cochran/Harris/Scott/Myers/Westbrooks property at 4641, 4651, 4657, 4659, 4661 and 4585 Camp Highland Road be annexed into the City to become a part of Ward 7, the legal description having been read and made a part of the minutes of the April 6, 1987 meeting. Jerry Mills seconded the motion which carried 7-0. (B) Request to rezone property at 999 Concord Road from Future Commercial to Limited Commercial. John Patterson said that W. B. Sanders is requesting this rezoning and proposed to convert the existing house into a law office. At least two variances will be required and the Planning and Zoning Board approved the zoning with stipulations. There was no opposition from the audience. Mr.Sanders said an addition of approximately 600 square feet would be made to the rear of the existing house which would be used for a law office. Mr. Sanders said he did not know until tonight that variances would be required and requested that council take this matter under advisement tonight. Jim Hawkins said the variance that would be required on the front setback is a result of the Concord Road widening and the property to the west is still zoned residential. Jim said if this zoning was approved tonight, the adjacent house would be the only one left on Concord Road zoned residential and if these two property owners had applied jointly, the variance would not be required. Mr. Sanders said he had agreed to a 6 foot wooden fence along the rear property line and would have sufficient parking.