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12-07-1987 Regular MeetingDecember 7, 1987 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 7, 1987 at 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 Reverend J. W. Frady, pastor of Calvary Baptist Church, followed by the pledge to the flag. Mayor Bacon stated that on November 17th, Senator Jim Tolleson passed away and Hugh Ragan has offered himself as a candidate for that seat in the Senate. Mayor Bacon read Hugh's letter of resignation which became effective November 30, 1987, and presented Hugh and his wife Jane with the traditional crystal jonquil and plaque in appreciation of his service to the City. Mayor Bacon also stated the City will have another election December 29th to fill the Ward 7 council seat. Qualifying began today and will end December 9th at 5:00 p.m. Three candidates have already qualified; Shawn Cochran, Bob Betenbaugh and Steve Wilson. CITIZENS INPUT: Gary Myers expressed his appreciation to the Mayor and Council for their help and support for the Smyrna Panthers girls basketball team who won the Georgia AAU Championship. Mr. Myers presented the sponsorhip plaque to the Mayor. DEPARTMENT REPORTS: Reports were given from Public Works, Parks Department and Library. PUBLIC HEARINGS: (A) Rezoning request - 1185 Concord Road from Future Commercial to General Commercial. John Patterson said that Otis Thomason is being represented by H. 0. Scoggins in this request to rezone .69 acres at 1185 Concord Road from FC to GC to allow construction of a new building for Chuck's Auto Diesel Service Shop. This site is surrounded by Future Commercial zoning on the north, east and south sides, with GC to the west. There was no opposition from the audience. H. 0. Scoggins stated Chuck's Auto Diesel is presently located in the Auto Cool building on Spring Road and they have outgrown their facilities there. They would like to construct a new 75 x 50 foot building on Concord Road which will meet all building requirements. Mr. Scoggins said there is commercial development all along Concord Road with a new shopping center being built just across the street. This will be a very attractive building with a security fence on all sides of the property. Mr. Fiegle works only on cars, small vans and pickups with diesel engines. There will be no painting, body work or wrecked cars on the premises. This will be a neat business and an inside storage tank will be used for used petroleum products in accordance with state regulations and emptied when needed. Twelve foot bays will be constructed on the back side of the building where all work will be conducted. Jim Hawkins said he thought Concord Road would be a combination of commercial and office development over the next 10 years; however, this property is currently surrounded by FC on the north, south and east sides and he did not believe a development of this type would blend with the atmosphere of that particular end of Concord Road and was not conducive to GC zoning. For those reasons, Jim Hawkins made a motion the zoning be denied. Bob Davis seconded the motion which carried 6-0. (B) Variance request - Concord Village Shopping Center - reduce side yard setback from 30 feet to 10 feet. John Patterson said that Bill Harvin of Concord Associates, Ltd. is requesting a reduction in the minimum required side yard setback for a new Morrison's restaurant in this proposed shopping center. The plan submitted shows the location of the restaurant and the proposed encroachment into the 30 foot side yard. The lease agreement with K-Mart does not allow any other building within the center to obstruct the visibility of the major tenant space; therefore the expansion for the restaurant must be added to the rear of the building rather than the front. There was no opposition. December 7, 1987 - continued Mr. Zuckerman represented Concord Associates and stated that because the buildings in the center are not connected they are required to have a greater setback. If this same center was being built in the county, a variance would not be required. Jim Hawkins said he thought our particular ordinance has created a hardship for the developers because it is different and K-Mart will object if the building projects to the front. Several months ago, Council approved a variance to reduce the required parking for Concord Village and an addition to the front will reduce their parking even further. Jim Hawkins made a motion the variance be approved. Jerry Mills seconded the motion which carried 5-1, with Joel Harrell opposed. (C) Variance request - 2590 Highland Avenue - side yard reduction from 10 feet to 7 feet and increase maximum square footage for accessory building. John Patterson said that Bill Jackson is requesting this variance for construction of a 1,680 square foot accessory building. Our -ordinance sets the maximum size of accessory buildings at 25% of the principal structure and Mr. Jackson's house contains approximately 2,370 square feet including the basement, which would warrant a 595 square foot accessory building. There was no opposition. Mr. Jackson said he needed a bigger building for storage for 2 trucks, a boat and car. Jerry Mills asked Mr. Jackson what type of business he was in. Mr. Jackson said he was in the construction business; two of the vehicles are used in his business and he would also use the building for some of his smaller pieces of equipment. Jerry Mills asked Mr. Jackson if he was aware that he could not operate a business or store commercial vehicles at his home, and Mr. Jackson said he was not. Jerry Mills said he thought the size of this building was excessive and would not be in the best interest of his neighbors and made a motion the variance be denied. Jim Hawkins seconded the motion which carried 6-0. (D) Variance request - 2410 South Cobb Drive - reduction in rear and front yard setback requirements. John Patterson said that Theodore Crolley is requesting this variance for construction of a convenience store with gas pumps at the corner of South Cobb and Jones Shaw, where Big Boys Toys is presently located. A drive -through car wash is proposed for the rear of the site about 1 foot from the property line and he is requesting a reduction from 5 feet to 1 foot. The principal building is comprised of a 24 x 44 square foot store with a 101 x 44 foot overall canopy and he is requesting a reduction on the front setback from 50 feet to 40 feet. There was no opposition. Mr. Crolley said this will be a Texaco convenience store, similar to the Jim Wallace station on Concord Road and presented pictures of the proposed development. Mr. Crolley said he has donated 38 feet from the side of his property for the widening of Jones Shaw Road. He will have one curb cut on Jones Shaw, one way in and one way out, and one curb cut on South Cobb. Mr. Crolley said he had a letter from the adjoining property owner approving the variance on the rear and they would have some type of decorative fence along that property line. Jim Hawkins said he did not understand how the right of way donation on Jones Shaw could necessitate the variances on the front and rear of the property and from the plans presented, could not understand why the development could not be completed without variances. Joel Harrell said the actual cause of the variance is the overhang of the canopy encroaching into the setback and not the building, but he also had some problem with the variance. After further discussion, Kathy Brooks made a motion the variances be approved, to reduce the rear setback from 5 feet to 1 foot and the front setback from 50 feet to 40 feet with the stipulations that Mr. Crolley donate needed right of way to widen Jones Shaw Road and also place a privacy fence along the back property line. Jerry Mills seconded the motion which tied 3-3, with Kathy Brooks, Jack Shinall and Jerry Mills voting in the affirmative and Jim Hawkins, Joel Harrell and Bob Davis opposed. Mayor Bacon voted in the affirmative to break the tie and approve the variance. Mayor Bacon recognized and welcomed Commissioner Thea Powell to the meeting. ** Stipulation requiring privacy fence waived to allow planted buffer at special called meeting July 7, 1988 (see minutes of 7/7/88). December 7, 1987 - continued (E) Amendment to zoning ordinance. Attorney Camp said the State has passed an act allowing certain zoning review standards that municipalities are required to conform with, and this amendment is to comply with the State laws so that our zoning decisions are not discriminatory and will be upheld in the courts. Jack Shinall said that in this amendment, we also increased the maximum size allowed for signs. The committee has met and approved the recommended changes. Attorney Camp read the proposed amendments as follows: Section 1504 to be deleted in its entirety and replaced with the following: Section 1504 - Public Hearing. Before enacting an amendment to this ordinance, the Mayor and Council shall hold a public hearing thereon. At least fifteen (15) but not more than forty- five (45) days prior to the date of hearing, a notice of the date, time and place of the hearing, as well as the nature of the proposed amendment, shall be published in a newspaper having general circulation within the City of Smyrna. Within a reasonable time from the date of the last hearing on a petition to amend this ordinance, the city council shall render an official decision on the petition. Section 1505 to be deleted in its entirety and replaced with the following: Section 1505 - Signs posted. Whenever a proposed amendment to this ordinance involves changing the zoning classification of property from one type of zone to the other, and the rezoning is initiated by a party other than the local government then: (1) The notice, in addition to the requirements of Sec. 1504 of this Code Section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and (2) The building inspector shall cause to have posted in a place conspicuous to the nearest public roadway on said property one (1) or more signs, each of which shall not be less than six (6) square feet in area, and each of which shall contain information as to the proposed change and the date and time and place of the public hearing before the city council. No such public hearing shall take place until said signs have been posted for at least fifteen (15) days. (3) The applicant shall furnish such other information as is required to facilitate the consideration of the applicable provisions of Section 1508 of this Article. Section 1508 to be added to the ordinance to read as follows: Section 1508 - Zoning Review Standards. In the consideration of any zoning proposal the Planning Commission and Mayor and Council shall consider the following factors in their determination. (1) Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property; (2) Whether the zoning proposal or the use proposed will adversely affect the existing use or usability of adjacent or nearby property; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools; (5) Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal. December 7, 1987 - continued (7) Whether the development of the property under the zoning proposal will conform to, be a detriment to, or enhance the architectural standards, open space requirements, and aesthetics of the general neighborhood considering the current, historical, and planned uses in the area. (8) Under any proposed zoning classification, whether the use proposed may create a nuisance or is incompatible with existing uses in the area. (9) Whether due to the size of the proposed use, in either land area or building height, the proposed use would affect the adjoining property, general neighborhood and other uses in the area positively or negatively. Section 1509 to be added to read as follows: Section 1509 - Zoning Procedures. (a) There shall be maintained in the office of the City Clerk, with a copy on file in the office of the Building Inspector, a copy of the zoning map as adopted and amended from time to time along with a printed copy of the procedures for zoning or rezoning property in the City of Smyrna. (b) The zoning procedures shall state the method of filing application for zoning or rezoning, required notices and advertising, and set forth the general procedure and requirements as stated in the zoning ordinance of the City of Smyrna. (c) At the hearing before the Planning Commission, and at the hearing before Mayor and Council; 1) the applicant shall present the proposed zoning together with all facts necessary to make a determination on those facts. 2) the opposition, if any, may make a presentation or introduce evidence to support its or their position. 3) in the event more than one person or group wishes to present evidence, the Chairman of the meeting may require one or more persons to act as a spokesman to avoid repetitious testimony. 4) the Chairman of the meeting may limit, within a reasonable time as the circumstance shall dictate the time allowed for any presentation or rebuttal. 5) in the event there is insufficient evidence to make a determination, the hearing may be continued for a reasonable time, from time to time, in the sole discretion of the hearing body. 6) the failure of the applicant to provide sufficient evidence or information, at the earliest opportunity, to make a determination shall be grounds for denial of the application. 7) all applications shall be accompanied by the appropriate affidavits and information as required by OCGA 36-67A of the laws of the State of Georgia and the fees required hereunder. Jack Shinall made a motion the amendments as read be approved. Kathy Brooks seconded the motion which carried 6-0. (F) Amendment to City Charter. Attorney Camp said the proposed Charter amendment tonight is also to comply with State laws, to carry over terms of office for elected officials until the new council member is actually sworn in and takes office. Kathy Brooks made a motion the following amendment to the Charter be approved: An amendment to the Charter of the City of Smyrna, Article III. Governing Body; Elections; Officers; Powers; Taxation; Miscellaneous. Divison I. Generally, Sect. 6. Election days; terms of Office of Mayor and Councilmen; Ward residence. Whereas the Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955) as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4072), so as to provide for the election of the Mayor and all councilmen at the same elections; to provide for matters relative thereto; and for other purposes, was amended by the Georgia General Assembly in S.B. No. 72, Act No. 331 and passed by the Senate January 16, 1987 and in the House by a third reading March 6, 1987 by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read in pertinent part as follows: December 7, 1987 - continued The Mayor and all seven Councilmen shall be elected on the first Tuesday in November, 1987. They shall take office on the first Monday in January, 1988, for terms of four years and until their successors are elected and qualified. Thereafter, their successors and future successors shall be elected quadrennially on the first Tuesday in November immediately preceding the expiration of terms of office and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. And whereas H.B. 202 passed by the House and Senate of the Georgia Legislature on February 19, 1987 and February 26, 1987 respectively, and signed by the Governor April 3, 1987, amends Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform municipal election date; to provide for certain biennial elections; to provide for transitional terms for municipal offices; to provide for four-year terms for municipal offices; to preserve commencement of certain times by ordinance; to authorize the General Assembly to provide for expiration of certain terms and for two-year terms and concurrent or staggered terms for municipal offices by local Acts; to authorize and require the Secretary of State to prepare necessary Code revisions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. And whereas H.B. 202 provides that under Section 1. Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, is amended by repealing Article 3, relating to the dates of primaries and elections generally, in its entirety and inserting in lieu thereof a new Article 3 which has the effect of accomplishing two things: 1. It establishes in 1993, a uniform general municipal election day of Tuesday next following the first Monday in November in 1993 and on this day in each off numbered year thereafter. 2. All terms of municipal office will be four (4) year terms, unless a City by local law opts out for a two year term. Terms can be staggered or concurrent as provided by the local law. And whereas no current office holder will be affected by H.B. 202, and no terms of office will be shortened, and regular municipal elections are provided to take place on their present election. And whereas H.B. 202 establishes a transitional term of office for municipal officers elected during these four years, with Cities having terms commencing at the first organizational meeting in January being allowed to continue that practice; And whereas H.B. 202 amends Article 3, Part I, 21-3-51 (a) to provide that all general municipal elections occurring before January 1, 1993 must give public notice of such election by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election; And whereas H.B. 202 amends Article 3, Part II, 21-3-60 (b) and provides that when a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of four years or greater as of January 1, 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1, 1989, stating that intent with a certified copy filed with the Secretary of State by January 31, 1989. And whereas under this same amended Part 2, (3), it further provides that all officers elected in 1991 shall have their terms expire at the first organizational meeting in January 1996; Wherefore upon due consideration and contemplation of acts S.B. No. 72, Act No. 331 and H.B. 202, the above stated Section 6 of the Charter for the City of Smyrna shall be and is hereby amended to read as follows: Beginning in 1987, the election of Mayor and all seven Councilmen shall take place on the first Tuesday of November. Hereinafter they shall serve for a December 7, 1987 - continued term of four years and until their successors are elected and qualified, the same becoming effective on the first Monday in January following each election. Prior to the holding of a general municipal election occurring before January 1, 1993, 30 days public notice in a newspaper of general circulation in the municipality is required. Jack Shinall seconded the motion to approve the amendment which carried 6-0. (G) Annexation of property - Old Concord Road & Church Road. Jack Shinall made a motion the Nickajack Community Center property at the corner of Old Concord Road and Church Road be annexed into the City to become a part of Ward 5, the legal description being read and made a part of the minutes of the November 16, 1987 meeting. Jim Hawkins seconded the motion which carried 6-0. (H) Annexation of property - Oakdale Road. Jerry Mills made a motion' the 35-acres on Oakdale Road owned by Corn Crib Corporation, Wallace Enterprises, et al, be annexed into the City to become a part of Ward 7, the legal description being read and made a part of the minutes of November 2, 1987. Bob Davis seconded the motion which carried 6-0. (I) Request for package beer and wine license - Best Food Mart #3, 2875 South Cobb Drive. John Patterson said that Robert Dwayne Rogers has made application to act as agent and manager for this location, which is already licensed. The police investigation was favorable and there was no opposition. Attorney Barry Karp represented Shahzeb Enterprises, Inc. as owner and Robert Dwayne Rogers, agent for the license. Mr. Rogers said he would be the store manager at this location and has been employed for approximately 2 months, when Shahzeb Enterprises purchased the store. Mr. Rogers said he was familiar with our ordinance and did not hold any other licenses.The corporation holds licenses in Gwinnett County, but no others in Cobb County. As a matter of policy, their employees are asked to read the city code and are trained to check identifications before selling beer or wine. Jack Shinall made a motion the license be approved. Kathy Brooks seconded the motion which carried 5-1, with Jerry Mills opposed. FORMAL BUSINESS: (A) Authorization for Mayor to convey abandoned right of way to adjacent property owner in Land Lot 775. John Patterson said that when Campbell Corners shopping center property was zoned, it was agreed that Campbell Road would be re-routed by exchanging right of ways. A very small triangular portion of the existing right of way was reserved by the City for conveyance to the adjoining property owner, to prevent his property from being land locked after Campbell Road is re-routed. Bob Davis made a motion this small tract be deeded to the adjoining property owner, Bill MacKenna. Jerry Mills seconded the motion which carried 6-0. (B) Approval to increase building permit fees for records management. John Patterson said the Community Development department is required to keep plans on file for about 100 years and storage has become critical. It has been recommended that we assess a 10% surcharge on building permit fees to cover the cost of microfilming. This would generate about $980 a month which should be sufficient. Jack Shinall made a motion a 10% surcharge be added on building permit fees to handle the cost of records management in the Community Development Department. Jerry Mills seconded the motion which carried 6-0. (C) Approval to increase electrical/plumbing/mechanical fees. December 7, 1987 - continued John Patterson said our fees for electrical/plumbing/mechanical permits need to be increased to bring us more in line with surrounding counties and cities. Last year our plumbing permit was updated but it has been several years since the other fees have been increased. Jack Shinall made a motion the fees be increased as proposed. Bob Davis seconded the motion which carried 6-0. (D) Approval of water tap fee increase for large installations. John Patterson said the City contracts the installation of the large water meters, water taps and detect -a -checks because of the time and equipment required for them. At the present time, we attach a 20% surcharge to cover administration costs and system user fees. If our contractor encounters unforeseen obstacles or problems during the installation, then any increase in the cost is backcharged to the developer. It has been recommended that we increase the surcharge to 50% so that any increase in construction cost is paid up front. This fee could be retained and placed in the General Fund if there are no increases in the construction cost, to offset those future installations which may exceed the original cost estimate by more than 50%. Joel Harrell made a motion the surcharge fee for large installations be increased from 20% to 50%. Jack Shinall seconded the motion which carried 6-0. BID OPENINGS• (A) Bids for cabs for backhoes in the Public Works Department were opened, read and recorded as follows: Forest Service $6,612 total including freight Metrack $6,382 total including freight Jerry Mills made a motion the bids be turned over to the committee with authority to award the low bid meeting specifications. Jim Hawkins seconded the motion which carried 6-0. (B) Bids for the re -roofing of Church Street Center were opened, read and recorded as follows: Northwest Home Improvement $4,648 Cobb Home Improvement $3,971 Jim Hawkins made a motion the bids be turned over to the committee with authority to award the low bid meeting specifications. Kathy Brooks seconded the motion which carried 6-0. (C) Bids for City surplused equipment were opened, read and recorded as follows: Boy Scout Troop #144 James Jones r 1978 Chevrolet C-30 $275 1972 GMC 2500 Custom $125 1967 Kaiser Jeep 1 1/4 ton $100 1967 Kaiser Jeep M-725 Ambulance $100 Sullair air compressor $ 50 1977 Galion Roller NO BID Bob Davis made a motion the bids be turned over to the Police Committee for review. Jim Hawkins seconded the motion which carried 6-0. BID AWARDS: Nothing to report COMMERCIAL BUILDING PERMITS: National Construction Company requested a grading permit to construct a service road from the rear of the Piccadilly Restaurant to Powder Springs Street and to grade two future building sites behind the Amoco Service Station. Jack Shinall made a motion the grading permit for the service road only be approved. Jerry Mills seconded the motion which carried 6-0. Jack Shinall said the site plans as presented have not been approved and the other permits will be held to the next meeting. December 7, 1987 - continued CONSENT AGENDA: (A) Approval of November minutes (B) Approval to request bids: 1) 2) 3) 4) Safety equipment for Fire Department Vehicle for Assistant Fire Chief Vehicles for Police Department Renovation of Police Department Jim Hawkins made a motion the minutes of November 2, 1987 be approved as submitted. Jerry Mills seconded the motion which carried 5-0, with Bob Davis abstaining. Jim Hawkins made a motion the minutes of November 16, 1987 be approved as submitted. Jack Shinall seconded the motion which carried 5-0, with Jerry Mills abstaining. Jim Hawkins made a motion the minutes of November 29, 1987 be approved as submitted. Kathy Brooks seconded the motion which carried 5-0, with Jerry Mills abstaining. Jerry Mills made a motion that item (B) on the consent agenda, approval to request bids, be approved. Kathy Brooks seconded the motion which carried 6-0. COUNCIL INPUT• underway. There asked the citizens Joel Harrell reported on Phase III of the rehab which is well are some areas where the streets are still torn up and Joel to bear with us until they can be paved. With no further business, meeting adjourned at 9:38 p.m. A MAX BACON AZ 9,1" MELI A DAMERON, CITY CLERK ,.DA v- i 24 i December 21, 1987 The regular scheduled meeting of Mayor and Council was held December 21, 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 Reverend E. L. Stepens, pastor of Bethel Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Steve Wilson, candidate for the Ward 7 council seat and Hugh Ragan, candidate for the Senate in the December 29th election. DEPARTMENT REPORTS: Reports were given by the Community Development and Fire Departments. Fireman Eddie Rogers also presented a check for $630.01 to Snyder Turner, administrator of Calvary Childrens Home which was raised through the sale of Christmas trees by the Fire Department. PUBLIC HEARINGS• (A) Rezoning request - corner of Oak Drive and South Cobb Drive from Future Commercial to General Commercial.