06-18-1986 Regular MeetingJune 2, 1986 - Continued
Upon the recommendation of Mayor Bacon, Kathy Brooks made a motion the rules
be suspended to consider approval of the license. Jack Shinall seconded
the motion which carried 6-1 with Jim Hawkins opposed.
Kathy Brooks then made a motion that, for the reason that all the issues
including distance requirements from city residences and strict interpretation
,of the code requirements were not made clear at the last council meeting,
we re -consider the malt beverage application of Wallace Oil Company for
Concord Road and that said license be granted. Jerry Mills seconded the
motion to approve the license which carried 4-3 with Bob Davis, Jim Hawkins
and Hugh Ragan opposed.
COUNCIL INPUT: Jim Hawkins said the budget would be ready for adoption
at the next meeting and urged a good attendance from our citizens.
Joel Harrell reminded everyone that the water conservation plan is still
in effect and asked for everyone's cooperation.
With no further business, meeting adjourned at 9:50 p.m.
************************
June 16, 1986
The regular scheduled meeting of Mayor and Council was held June 16, 1986
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
except for Kathy Brooks. Also present was City Attorney Charles E. Camp,
City Administrator John Patterson, City Clerk Willouise Spivey and repre-
sentatives of the press.
Invocation was given by John Patterson, followed by the pledge to the flag.
Mayor Bacon read and presented a proclamation to Captain Antoinette Green
from Dobbins Air Force Base in recognition of 2157th ISS Day. Captain Green
said the 2157th represents the Air Force Communication Command at Dobbins
and provides all types of information systems support for the Air Force
world-wide.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS: Reports were given by Finance, Fire, Public Works and
Community Development.
PUBLIC HEARINGS:
(A) Proposed use of 1986-87 Revenue Sharing Funds.
Hugh Ragan said Revenue Sharing Funds would soon be a thing of the past
and said the City's allocation for 1986-87 was $27,568 total, much less
than previous years. This will be the last entitlement payment for fiscal
year 1986 of the Federal government budget. There were no questions or comments
from the audience and Hugh Ragan made a motion the $27,568 in Revenue Sharing
funds be used for the purchase of a dump truck for the Street Department.
Jerry Mills seconded the motion which carried 6-0.
(B) Approval of 1986-87 Budget.
Max Bacon said this was the first budget approved since John Patterson had
been with the City and thanked everyone for their patience and the work
that went into it.
Hugh Ragan also thanked John Patterson and his staff for a superb job of
assembling this budget. Hugh also thanked the Mayor and each council member
for their valuable input and suggestions. This budget can be summarized
as the best effort of providing the necessary services to the citizens of
Smyrna in order to maintain the high quality of life we enjoy. According
to the Atlanta Regional Commission, Smyrna is the fastest growing city in
Cobb County. As a result of the growth, this budget has increased by 17%,
up from $11,277,700 to a proposed $13,132,878. This allows us to maintain
our current level of services and improve them in several areas which. in
June 16, 1986 - Continued
years past have either been delayed or neglected. All of this can be done
with no tax increase. The budget format has been revised to provide for
compliance with the Governmental Accounting Auditing and Financial Reporting
Standards. The 1987 budget reflects a net reduction in city personnel by
one. Through reorganization and better utilization of our human resources,
we feel that we can provide better services than ever before, even with
the net reduction of one person, from 252 employees to 251. Also included
are salary increases for employees based on an average 5% merit increase,
to be determined by individual performance as well as an amount in excess
of $125,000 for employee benefits with probable improvements to the disability
program. Hugh highlighted other areas of the proposed budget by department
and read a breakdown of the revenues and expenditures by department.
Jim Hawkins said that when John Patterson was employed he was given a list
by council of what they considered to be priority items that they would
like to see accomplished. Jim said that as chairman of the Police Committee,
this budget would provide necessary funds to make all the necessary improvements
in that area including a new police precinct, renovation of the annex building
for a courtroom and employment of a part-time city solicitor. Funds were
also added for implementation of the E911 system which is yet to be approved
by council.
Jack Shinall said this budget is totally directed at improving the services
to our citizens, and that is what council feels that they need to address
this year.
Jerry Mills said he has seen a lot of budgets, but this is one of the best
that he has ever seen and commended John Patterson for a good job. Jerry
said that after looking at the budget and analyzing it page by page he realized
that the additional services being funded would benefit the citizens more
than a millage decrease in taxes and intended to support it as presented.
Bob Davis also thanked John Patterson and the city staff for preparation
of this budget. Bob said he was pleased that the budget included a new fire
precinct station at Highlands Park.
Jim Hawkins said this budget would not have been possible without the growth
of the City and past administrations have worked hard to procure additional
land through annexations.
Joel Harrell said he was also pleased with such things as the drainage study
in the Public Works department and other areas such as new equipment and
maintenance. Joel also thanked John for the amount of work he put into the
budget preparation.
Sue Brissey said she would also like to commend John Patterson for the out-
standing job he has done for the City.
After further discussion, Hugh Ragan made a motion the 1986-87 budget be
adopted in the amount of $13,132,878. Jim Hawkins seconded the motion. Max
Bacon reminded everyone that for many years Willouise Spivey was an important
part of the operation of this city and they appreciated what she has done
for them in the past. Vote on the motion to approve the budget carried 6-0.
(C) Annexation of 2.80 acres in Land Lot 333.
There was no opposition to the annexation request. Hugh Ragan made a motion
the property 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 May 19,
1986 meeting. Hugh said this property is adjacent to, and would be developed
as a part of the Churchill Downs development. More than likely, Mr. Fouts
will request a rezoning to R-15 from R-20 which will be consistent with
his development. Bob Davis seconded the motion which carried 6-0.
(D) Annexation of 0.21 acres in Land Lot 276.
John Patterson said this vacant lot was adjacent to Al Fair's restaurant
and would be used for parking by Chix Auto Parts customers. There was no
opposition. Jerry Mills made a motion the 0.21 acres be annexed into the
City to become a part of Ward 6, the legal description having been read
and made a part of the minutes of the May 19th meeting. Jack Shinall seconded
the motion which carried 6-0.
June 16, 1986 - Continued
(E) Variance request - rear yard setback at Lake Ridge Technology Court.
John Patterson stated that Rick Vaughn representing Wilson Development asked
that they be given a reduction in the required rear yard setback from 50
feet to 20 feet due to the location of two buildings on the development.
They have begun construction on the 42 acres they recently annexed and this
setback is required to fit into the terrain and be in conformance to their
overall plan for the 1,000 acre park.
Rick Vaughn presented a site plan and rendering of the complex. Rick said
the City's Office/Distribution zoning regulations did not address this particular
requirement and there was some confusion as to what was required since this
is a planned development which allows more than one building per lot. They
did not realize a variance would be required until construction of the project
had begun. There was no opposition and Hugh Ragan made a motion the variance
request be granted. Joel Harrell seconded the motion which carried 6-0.
(F) Variance request - rear and side yard setbacks at 985 Manor Drive.
John Patterson said that James L. Merritt had requested a variance for an
accessory building at 985 Manor Drive and a large tree stump on his property
would necessitate a variance. The building will be used for storage only.
Construction was begun before he realized he needed the variance and the
affected property owners do not object to the building. There was -no opposition.
Mr. Merritt said this would be a very nice building and would be used only
for storage. He had previously eliminated an eyesore by tearing down a metal
storage building and felt this would be a definite improvement. After applying
for a building permit he discovered he would need a variance. With little
discussion, Jim Hawkins made a motion the variance be granted. Jack Shinall
seconded the motion which carried 6-0.
(G) Variance request - side yard setback at 1271 Falling Water Drive.
John Patterson said that Ms. Lynn Rolfe had applied for a variance at 1271
Falling Water Drive for a deck/carport structure that has been constructed
on the side of the building. Ms. Rolfe has a lease/purchase agreement with
Mr. Greg Mammoser, who actually constructed the deck. The City received
a petition and some concern from adjacent property owners regarding the
structure being a carport rather than a deck. Ms. Rolfe is requesting a
variance from the required 10 feet to 0 feet to accommodate the structure.
There were several in opposition to the variance. Bob Davis said he had
asked for some additional information pertaining to this variance and made
a motion it be tabled to the July 21st meeting. Bob also apologized to those
present but was not able to notify them due to the short notice before the
meeting tonight. Jerry Mills seconded the motion which carried 6-0.
(H) Variance request - side and rear yard setbacks at 410 Hickory Acres
Drive.
John Patterson said that W. L. Hunton of 410 Hickory Acres Drive requested
a variance for construction of a workshop. The ordinance requires a setback
of 5 feet from the rear and 27 feet from the side since the side line abuts
a future roadway. Construction is already 70% complete and the building
is located 9 feet from the side and 4 feet from the rear. The side line
abuts public property and the rear adjacent property owner will be contacted
by certified mail.
There was no opposition. Mr. Hunton said he did not realize that he was
so close to the property line until he was informed by the inspections department
that he would need a variance. With little discussion Jack Shinall made
a motion the variance be approved. Jerry Mills seconded the motion which
carried 6-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex 1.5 acres at 408 Lake Drive.
John Patterson said that Stephen Connolly had requested the annexation of
408 Lake Drive where Mann's Wrecker Service is located. Attorney Camp read
the legal description as follows:
June 16, 1986 - Continued
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:
TRACT I: All that tract or parcel of land lying and being in Land Lot 412,
17th District, 2nd Section of Cobb County, Georgia being a part of Lot 1,
J. Y. Wootten Subdivision, as per plat recorded in Plat Book 7, Page 166,
Cobb County, Georgia Records, and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, begin at an iron pin located on the southwest
right of way of South Cobb Drive 350 feet northwesterly as measured along
the southwesterly side of South Cobb Drive from the corner formed by the
intersection of the southwest side of South Cobb Drive and the northwesterly
side of Lake Drive; running thence south 54 degrees 16 minutes 41 seconds
west a distance of 172± feet to an iron pin and TRUE POINT OF BEGINNING:
running thence south 35 degrees 48 minutes 38 seconds east a distance of
150.18 feet to an iron pin; running thence south 54 degrees 27 minutes 39
seconds west a distance of 123.63 feet to an .iron pin; running thence north
35 degrees 51 minutes 00 seconds west a distance of 149.52 feet to an iron
pin; thence north 54 degrees 14 minutes 41 seconds east a distance of 123.72
feet to an iron pin and point of BEGINNING.
TRACT II. All that tract or parcel of land lying and being in Land Lot
412, 17th District, 2nd Section, Cobb County, Georgia and being parts of
Lots 2 and 3, J. Y. Wootten Subdivision, said parcel being more particularly
described as follows:
BEGINNING at a point on the northwesterly margin of Lake Drive, 200.0 feet
southwest as measured along the northwest margin of Lake Drive from the
intersection of the northwest margin of Lake Drive and the southwest margin
of South Cobb Drive; running thence northwest 200 feet to an iron pin, said
course having an interior angle of 90 degrees 03 minutes with the margin
of Lake Drive; thence running southwest 149.1 feet to an iron pin, said
course having an interior angle of 89 degrees 57 minutes with the course
last run; thence running southeast 200 feet to the northwesterly margin
of Lake Drive; thence running 148.5 feet along the northwesterly margin
of Lake Drive to an iron pin and point of BEGINNING, being the same property
conveyed to W. Edwin Marshall, Jr. and Julian Burns recorded in Deed Book
667, Page 181, and Deed Book 654, Page 79.
TRACT III: All that, tract or parcel of land lying and being in Land Lot
412 of the 17th District, 2nd Section of Cobb County, Georgia and being
part of Lots 2 and 3 of the J. Y. Wootten Subdivision as per plat recorded -
in Plat Book 6, Page 166, Cobb County, Georgia records and being more particu-
larly described as follows:
BEGINNING at a point located on the northwesterly side of the right of way
of Lake Drive, 350 feet southwesterly as measured along the northwesterly
side of the right of way of Lake Drive from the intersection of the northwesterly
side of the right of way of Lake Drive with the southwesterly side of the
right of way of South Cobb Drive; thence run southwesterly along the northwest-
erly side of Lake Drive 100 feet to a point and corner; run thence northwesterly
200 feet to a point; thence running northeasterly. 100 feet to a point; thence
running southeasterly 200 feet to a point and 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/STEPHEN J. CONNOLLY
Jim Hawkins made a motion the signature be validated and the public hearing
date set for July 7, 1986. Bob Davis seconded the motion which carried 6-0.
(B) Amendment to J.M.E.B.S. Ordinance
June 16. 1986 - Continued
John Patterson said our current retirement system through the Georgia Municipal
Association is a very good plan but needs to be revised to allow council
members that have served their city in previous years the opportunity of
those years counting towards their retirement benefits. Attorney Camp read
the proposed amendment to the retirement plan as follows:
An ordinance to amend an ordinance approved November 22, 1971, as amended,
establishing a retirement plan for the employees of the City of Smyrna,
�. Georgia, and setting forth the joint trust agreement and the contract for
the administration of said plan by the City and the Joint Municipal Employees
( Benefit System as provided by O.C.G.A. Section 47-5-1 et seq., so as to
I` amend the definiton of Past Service; to provide an effective date; to repeal
conflicting ordinances; and for other purposes.
BE IT ORDAINED by the Mayor and Council of the City of Smyrna, Georgia,
and it is hereby ordained by the authority thereof:
Section 1. An ordinance establishing a retirement plan for the employees
of the City of Smyrna, Georgia, and setting forth the joint trust agreement
and the contract for the administration of said Plan by the City and the
Joint Municipal Employees Benefit System as provided by O.C.G.A. Section
47-5-1 et seq., is hereby amended by striking Article II, Section 25, and
substituting in lieu thereof a new Article II, Section 25, to read as follows:
"Section 25. Past Service shall mean the number of years and complete
months, determined by the Employer, to represent uninterrupted service of
a participant in the employment of the City prior to his enrollment date.
Past service shall also mean any tenure of elective office of an elected
or appointed member of the governing authority who is on July 1, 1983 or
July 1, 1986 serving as either an eligible employee or as an elected or
appointed member of the governing authority or both. Otherwise, past service
shall not include any tenure of elective office as an elected or appointed
member of the governing authority."
Section 2. The rights and obligations under the plan with respect to persons
whose employment with the City was terminated for any reason whatsoever
prior to the effective date of this amendment are fixed and shall be governed
by such plan as existed and was in effect at the time of such termination.
Section 3. The effective date of this amendment shall be July 1, 1986.
Section 4. All ordinances and parts of ordinances in conflict herewith
are hereby expressly repealed.
Hugh Ragan said this amendment would not add any benefits for elected officials
in dollar amounts; it would provide for_thos'e 'people that have 'previously
served the benefit of *all the years `they have served in the past. Hugh Ragan
' made a motion the amendment be adopted as presented. Jack Shinall seconded
fthe motion which carried 5-0, with Jerry Mills abstaining. '
(C) Amendment to alcoholic beverage ordinance to change definition of "premises"
John Patterson said it has become popular for restaurants to provide a patio
area for their customers to eat and drink and our ordinance specifically
excludes alcoholic' beverage consumption outside a building. This amendment
would expand the definition of "premises" to allow a patio area where drinks
could be served. Jack Shinall read the proposed ordinance amendment to Section
3-1. Jack Shiinall made a motion the amendment be approved, seconded by Jim
Hawkins. Following'"leiigthy discussion about the means of access to the patio
area, the second was withdrawn. Jim Hawkins made a motion the amendment
be tabled. Jerry Mills seconded the motion which carried 7-0. Kathy Brooks
arrived at the meeting during discussion.
DTn TI.7T DnQ.
(A) John Patterson said the Library had budgeted money for a copier and
several bids have been received. Based upon the recommendation of John Patterson,
Hugh Ragan made a motion the low bid of $1,852.40 be awarded to Harris 3M
Company. Kathy Brooks seconded the motion which carried 7-0.
(B) John Patterson said there has been a need for a storage building for
Parks and Recreation to be located at King Springs Park. It is now necessary
June 16, 1986 - Continued
to move quickly with construction due to the reconstruction of the annex
building for courtroom facilities. Gutting and cleaning the annex building
will necessitate a building for storage of Parks and Recreation equipment.
Bids were secured and based upon the recommendation of John Patterson, Kathy
Brooks made a motion the low bid of $12 , 560 be awarded to Hatcher Construction
for construction of a 30 x 40 x 14 storage building at King Springs Park.
Hugh Ragan seconded the motion which carried 7-0.
(C) John Patterson said there was a need at City Hall for a vehicle that
can be used by different people and it was suggested that we acquire a vehicle
to have on standby at City Hall. Bids were secured with Wade Ford being
the low bidder. Hugh Ragan made a motion the low bid of $13,372.93 be awarded
to Wade Ford for a City Hall staff vehicle. Jerry Mills seconded the motion
which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Garmon Brothers requested a building permit for remodeling at McDonald's
at 3414 South Cobb Drive at a total estimated cost of $35,000. Jerry Mills
made a motion the permit be approved subject to approval of the Inspections
Department and Fire Marshal. Hugh Ragan seconded the motion which carried
7-0.
John Patterson said that only one building permit was being presented tonight
due to council's recent decision to allow tenant finish permits to be approved
in-house and eliminate those from the agenda.
COUNCIL INPUT: Mayor Bacon said he was happy to have Chief Little back
after being out sick for several weeks.
Jim Hawkins said we have customarily adopted the millage rate for taxes
when the budget is approved each year but understood from Mr. Patterson
that the millage rate of 11.50 was a part of the budget package; no change �-
from last year.
Joel Harrell reminded everyone that the water conservation plan was still
in force.
All members of council again thanked John Patterson for the good job in
preparing the budget.
With no further business, meeting adjourned at 9:20 p.m.
A. MAX BACON, MAYOR WILLOUISE C.SPIVEY, CITY
DUD IJIA V 1 J, W t1 i\ L 1
SHINALL, WARD 5
HARRELL, WARD 2