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06-15-1987 Regular MeetingJune 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, pastor of Smyrna Christian Church, followed by the pledge to the flag. DEPARTMENT REPORTS: Reports were given from the Fire, Police, Finance and Community Development departments. 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 - location and size of sign for Welcome All Baptist Church. 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, 4651, 4659, 4657 and 4585 Camp Highland Road from R-20 to General Commercial. 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 the zoning be approved. Jerry Mills seconded the motion which carried 7-0. (C) Rezoning request - 1060 Concord Road from Future Commercial to Limited Commercial. 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 said they have talked with several doctors about leasing the space but do not have a contract yet. Also, she understood that there could be no retail sales type activities within this zoning classification. Jim Hawkins made a motion the zoning be approved from Future Commercial to Limited Commercial. Bob Davis seconded the motion which carried 7-0. (D) Variance request - 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 setback requirements for the Limited Commercial category and for that reason, the following variances are required: 1) Reduce the front setback from the required 50 feet to 38.5 feet; 2) reduce the east side setback from the required 33 1/3 feet to 15.8 feet; 3) reduce the rear setback requirement for the existing accessory building from 25 feet to 8 feet and 4) reduce the west side 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 exist. 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 abutting residentially zoned property and asked Mrs. Graham if she would be willing to place a 6 foot wooden fence along the rear property line. Mrs. Graham said she would if everyone else was required to do the same, but there are several businesses along 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 recent 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 discussion, 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 request - rear yard setback requirement at 3231 South Cobb Drive. 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 presented a rendering of the proposed shopping center and said the configuration of the property makes the development difficult and they were requesting that they be allowed to move the building back closer to the rear property line to have all their parking in front. By moving the building forward, they will not have any accessibility to the side . The City's parking requirements can be 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 construction 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 retention requirements 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 letter 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 was some discussion about accessibility for emergency vehicles and Fire Chief Larry Willliams said they would require a minimum of 15 feet for a fire lane, either in front or back of the building. June 15. 1987 - continued Mr. Mullis said this would be a small building and would require fairly inexpensive construction with stucco fronts, concrete block side walls and a metal roof. 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 of signs for Concord Village Shopping Center, 3237 South Cobb Drive. 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 signatures to annex 27.66 acres at Atlanta Road/Jane Lyle Road. 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 and being in Land Lots 700 and 741 of the 17th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: Begin at an iron pin found at the intersection of the southeastern right of way line of U.S. Highway 41 (having a variable right of way width) with the southern right of way line of Cumberland Drive (having a 50-foot right of way width), in Land Lot 700 of the 17th District of Cobb County, Georgia; run thence northwesterly along said right of way line of U.S. Highway 41, the June 15. 1987 - continued following courses and distances: north 25 degrees 10 minutes 45 seconds west a distance of 167.61 feet to an iron pin found; north 30 degrees 13 minutes 02 seconds west a distance of 133.05 feet to an iron pin found, north 29 degrees 16 minutes 03 seconds west a distance of 125.32 feet to an point, north 29 degrees 54 minutes 33 seconds west a distance of 100.00 feet to an iron pin found, and north 36 degrees 20 minutes 21 seconds west a distance of 100.00 feet to a point; thence leaving said right of way line, run south 88 degrees 47 minutes 58 seconds east a distance of 737.00 feet to an iron pin found on the land lot line common to Land Lots 700 and 741 of the aforesaid District and Section; thence northerly along said land lot line the following courses and distances: north 02 degrees 29 minutes 42 seconds east a distance of 158.60 feet to a point, and north 02 degrees 10 minutes 42 seconds east a distance of 332.28 feet to an iron pin found; thence leaving said land lot line, run south 87 degrees 39 minutes 13 seconds east a distance of 451.60 feet to a point; thence south 87 degrees 39 minutes 13 seconds east a distance of 913.91 feet to an iron pin found; thence south 00 degrees 17 minutes 13 seconds west a distance of 331.39 feet to an iron pin found; thence north 87 degrees 24 minutes 06 seconds west a distance of 355.68 feet to an iron pin found; thence north 87 degrees 43 minutes 05 seconds west a distance of 65.38 feet to a point on the southwestern right of way line of Jane Lyle Road (having a 30 foot right of way width); thence southwesterly along the southwestern right of way of Jane Lyle Road the following distances and courses: south 53 degrees 02 minutes 03 seconds west a distance of 44.94 feet to an iron pin found, south 53 degrees 02 minutes 03 seconds west a distance of 78.46 feet to an iron pin found, south 43 degrees 58 minutes 55 seconds west a distance of 197.60 feet to an iron pin found, south 41 degrees 51 minutes 13 seconds west a distance of 165.43 feet to a point, south 50 degrees 48 minutes 17 seconds west a distance of 165.00 feet to an iron pin found, south 52 degrees 29 minutes 22 seconds west a distance of 165.12 feet to a point, and south 61 degrees 53 minutes 08 seconds west a distance of 149.91 feet to an iron pin found at the intersection of the southwestern right of way line of Jane Lyle Road with the southern right of way line of Cumberland Drive; thence leaving the southwestern right of way line of Jane Lyle Road, run in a generally westerly direction along the southern right of way line of Cumberland Drive the following courses and distances: south 88 degrees 06 minutes 03 seconds west a distance of 99.83 feet to a point, south 88 degrees 06 minutes 03 seconds west a distance of 199.65 feet to an iron pin found, and north 88 degrees 59 minutes 16 seconds west a distance of 430.97 feet to an iron pin found at 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. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION: Witness the hands and seals of 60% of the electors resident and record title holders of the land described above: s/HELEN CANON, EXECUTRIX OF THE ESTATE OF JOSEPHINE W. THOMPSON, MARGARET MC CAULEY, LOIS HOWELL, ROBERT B. HOWELL, ERNEST P. WHEELER, LEON L. BARNETT, JR., C. A. BOMAR, M. ANNETTE BOMAR, BARBARA J. HELLMANN, RICHARD E. HELLMANN, EDNA M. COGGINS, RANDY MC CAULEY, GENEVA EARL BROOKS CLEMENTS, HUGH 0. SCOGGINS, TONY CAMPBELL, ROBIN C. JONES, KATHLEEN WHEELER, KATHY MILES, ANNE TSANGARIS, LILLIE MAE MORRISON, BETTY A. BARNETT, AND LEONA B. MOORE, VICE PRESIDENT & TRUST OFFICER OF NBC BANK, SAN ANTONIO, N.A., TRUSTEE OF THE ROBERT WILLIAM THOMAS TRUST Joel Harrell made a motion 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 additional 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 said this is not a budgeted 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 constructed 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 said that Scoggins, Inc. had requested a permit to extend their working hours to allow them to work 24 hours a day while they're renovating the exterior of Belmont Hills Shopping Center by removing the existing facade and installing a new one. Allen Coker represented Scoggins Contractors and said the entire project would take 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 and 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 appraised 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 a motion the old Smyrna Drive -In property consisting of approximately 10 acares be purchased for a new public works facility, to be funded from accumulated savings. Bob Davis seconded the motion which carried 7- 0. (H) Appointment to Clean City Committee. Jack Shinall made a motion that Ann Bishop be appointed to the Clean City Committee representing Ward 5. Jerry Mills seconded the motion which carried 7- 0. RTn AWARnR- (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 purchase of a Tiger bush hog for the Streets Department. Jim Hawkins seconded the motion which carried 7-0. (B) Pumper trucks for fire department. Bob Davis said the fire department has two pumpers that are outdated, 1957 and 1971 models, and are too 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 accepted from Pierce Manufacturing for a 3-unit price of $418,876 with delivery in approximately 1 year and with a 5 year payoff at 7% interest, the first payment of $83,775.20 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 including a long and short term disability. Bids were sought from about 10 different carriers. Hugh Ragan made a motion the short term disabilty coverage 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 year 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 Furniture requested a grading permit for proposed new construction at the corner of South Cobb Drive and Church Road. Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. 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 and said any donations would be appreciated for this very worthwhile cause. With no further business, meeting adjourned at 9:52 p.m. 4cirsY�**����4csY4ciricic�cicsY�t4rsksYsY 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.