06-01-1987 Regular Meeting3$
1
June 1, 1987
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on June 1, 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: Reports were given by the Public Works, Parks Department
and Library.
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 annexed into 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 be one 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
stipulations:
1) Necessary right of way be deeded to the City to provide a right turn
lane from Hawthorne to Smyrna 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second were withdrawn.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.
John Patterson said two variances would be required for development of the
property just zoned; to reduce the setback along Hawthorne Avenue from 50 feet
to 35 feet and to reduce the setback on Smyrna -Roswell from 40 feet to 30
feet. There was no opposition.
Jerry 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 stipulation that Mr. Haliburton provide a letter stating
his hardship for the files. Jack Shinall seconded the motion which carried 7-
0.
(D) Rezoning 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 $100,000 to $130,000. 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 siding or stucco
exteriors and that no cedar siding be allowed
4) All homes will sell in the $100,000 to $130,000 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 - side and front yard setback requirements at 999
Concord Road.
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. Variances 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 setback from 50 feet to 20 feet; and eliminate the required 10 foot
grass strip between the parking lot pavement and the street pavement. Cherokee
Street is scheduled 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 since any other use would require a variance on the joint
use of the parking. Mr. Wallace said the house that was just torn down for the
addition was actually larger 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 parking requirements 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 said the Revenue Sharing program has come to an end and we are
required to either spend all of those funds by September 30, 1987, or return
the money. There is a need for computer equipment and software throughout
different city departments 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.
Hugh Ragan read the complete list including computers, printers, hardware and
software requested for the Police Department, City Clerk's office, Personnel,
Finance Department, Fire Department and Community Development totaling
$49,309, to be purchased through STate contract and made a motion it be
approved. Kathy Brooks seconded the motion which carried 7-0.
(I) Business license request - Cobb Center Jewelry & Pawn, 2175 Old Concord
Road.
John Patterson said that Mr. Chaim Oami had applied for a business license
for Cobb Center Jewelry 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 obtaining his licenses. There was no opposition and Mr. Oami was
represented by his attorney, Bob Garrison.
Kathy Brooks said the last time Mr. Oami was before council there was some
question about the completeness of the application. Mr. Oami said that has all
been taken care of. He has 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 proprietorship and he had one
employee. He also understood his employees would have to be investigated and
fingerprinted. Hugh Ragan asked Chuck Camp if, in his opinion, Mr. Oami met
all the requirements 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 discussion, Kathy Brooks made a motion 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
disability:
Long term
disability would be basically the same, and
would take
up where
the short
term leaves off. Cost of the short term is
$30,000 and
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 against property.
(a) No person shall willfully, maliciously, wantonly, negligently or
otherwise injure, deface, destroy or remove any real property or improvements
thereto, including moveable or personal property belonging to the City or any
person in the City.
(b) No person shall operate a motor vehicle over, through or across any yard,
unpaved portion of right of way, or public or private property which is not
designed or customarily used for vehicular traffic, without the permission of
the owner 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 in the sole judgment of the court.
Jack Shinall made a motion the amendment be approved. Hugh Ragan seconded the
motion which carried 7-0.
(C) Appointment of Clean City Committee Coordinator.
Hugh Ragan announced 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 made a motion the low bid of $1,157.25 be awarded to
Van Waters & Rogers. Joel Harrell seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: None to present.
CONSENT AGENDA:
(A) No parking signs at 2139 Harold Lane
(B) Approval of May minutes
(C) Approval of Speed Zone Ordinance
(D) Installation of Kennesaw Way water line
(E) Approval to lease 710 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 Patterson said 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
City.
Jim Hawkins said he was very 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, hewas 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 would 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 Shinall asked about the drainage study. John Patterson said he has been
promised the report by Friday but he has not talked to John Swift today.He
will follow up and meet with him first thing tomorrow morning.
Kathy Brooks apologized to the residents of her ward for being out of touch
the last few weeks; her daughter was married Saturday.
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 crystal jonquils to Elsie Rape and Jim Farley who is
also retiring as of June 30th in appreciation of their hard work and
dedication to the City.
With no further business, meeting adjourned at 9:30 p.m.
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