July 5/18, 1988 Council Meeting
The regular scheduled meeting of Mayor and Council was held July 5, 1988 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 Bob Davis.
Also present was City Administrator John Patterson, City Attorney Charles E. Camp,
City Clerk Melinda Dameron and representatives of the press.
InvocaLion was g.iven by Reverend Grady Love, pastor of Smyrna Presbyterian Church
followed by the pledge to the flag.
Mayor Bacon said that Bob Davis was out of town and having car trouble, and would
not be able to make it.
Former Mayor Harold Smith presented a proposed resolution to be
of National Geographic reprimanding them for a recent article
in which they referred to Smyrna as "redneck". Mr. Smith also read the letter he
had sent to them and said he was very upset with the article. Mayor Bacon said had
received many calls about it but suggested we postpone adopting the resolution
since we have been in touch with the editors to express our displeasure and they
have promised to do a correct profile on Smyrna. Jim Hawkins made a motion the
resolution be tabled. Jack Shinall seconded the motion which carried 5-0.
Mayor Bacon recognized Ward 3 candidates Bill Scoggins and James Williams; also
Eastern District Commissioner Emmett Burton.
were given from Public Works, Parks and Recreation
PUBLIC HEARINGS:
(A) Annexation of 5.65 acres in Land Lot 677
John Patterson said that R. L. Potts, S. H. Hudson and Harry P. Jiles have
reguested annexation of this property which is just south of Camp Highland Road on
the east side of South Cobb Drive. The legal description was read at the June 6th
meeting and it has been advertised. There were three people who raised their hand
in opposition and representatives of both sides were sworn in by Attorney Camp.
Carol Sneed, a resident of Camp Highland Road at Manor Street said she did not
feel we need another shopping center at this location; there are currently
shopping centers at Camp Highland and South Cobb, Cooper Lake and South Cobb and
Oakdale Road and South Cobb, none of which are at full capacity. There is existing
vacant land already in the City which is available for rezoning. Residents there
do not want to see another annexation in that area and they do not want to be
annexed.
Jim Hawkins said the property is already zoned for a shopping center and it will
be built regardless of whether or not the property is in the city or county; the
owners, however, have reguested the annexation. Mr. Hawkins said he felt they
reguested the annexation for better services than the county could provide and
also to benefit from the lower fire rating which will save them money.
Mayor Bacon said we are not going to force anyone into the City; we annex only at
the reguest of the property owners.
Bob Rider represented Newport Center Development Corporation and presented
renderings of the proposed shopping center. Mr. Rider said they were primarily
interested in the services the city could provide to them and for that reason,
were reguesting the annexation.
After further
into the City
carried 5-0.
discussion, Bob Betenbaugh made a motion the property be annexed
to become a part of Ward 7. Jack Shinall seconded the motion which
FORMAL BUSINESS:
(A) Validation of signatures to annex property at 4558 Lois Street.
John Patterson said
property which will
development. Attorney
that Virginia Foster has reguested the annexation of this
be assimilated with the 5.65 acres just annexed for the new
Camp read the application as follows:
We the undersigned,
who constitute sixty percent (60%) of the electors resident
and 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 the 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 the l7th District, 2nd Section
of cobb County, Georgia, being a part of Land Lot 677 and being l.ots
Nos. 19 and 20 of the M. H. Aderhold subdivision, as shown by plat made by
Paul Hensley, County Surveyor, September 29, 1940, and recorded in Plat Book No.
4, page 108, Cobb County records, and more particularly described as follows, to
wit:
BEGINNING at a point on Lois Street as shown on said plat, which point is 300 feet
south from Oakdale to Camp Highland Road and running thence south along the east
side of Lois Street 200 feet to Lot 21 of said subdivision, thence west along the
north side of said Lot 21 a distance of 120 feet to a point; thence north 200 feet
to a point; said line being parallel with Lois Street; thence east along the south
side of Lot 18 of said subdivision, a distance of 120 feet to Lois Street and the
place of beginning, said lots fronting 100 feet each on Lois street and running
back 120 feet.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands
s/VIRGINIA FOSTER
and seals of 60% of the electors resident in the annexed area:
Bob Betenbaugh made a motion the petition be validated and the public hearing set
for August 1, 1988. Jack Shinall seconded the motion which carried 5-0.
(8) Sewer easement quitclaim.
John Patterson said Phase IV of our sewer rehabilitation project will include
several lines to cross through properties owned by Raymond Reed. As part of the
negotiations in procuring easements for the new lines, Mr. Reed has requested that
the old sewer easements be formally and officially quitclaimed back to hi.m.
Wade Lnenicka made a motion the
documents for the old easements
Betenbaugh seconded the motion which
Mayor be authorized
through the Raymond
carried 5-0.
to sign the quitclaim
Reed properties. Bob
(C) Application for annexation of 2.77 acres at 210 Belmont Circle.
John Patterson said that Florence C. Bradley has requested the annexation of this
property on Belmont Circle, across from Turner Drive. Attorney Camp read the legal
descript.ion as follows:
We the undersigned, who constitute 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 the laws of the State of Georgia, said property being
annexed being described as follows:
All that tract or parcel of land lying and being in Land Lot 446 of the l7th
District, 2nd Section, Cobb County, Georgia and being more particularly described
as follows:
BEGINNING at the intersection of the centerline of Turner Drive and the westerly
right of way of Belmont Circle; go south 01 degrees 05 minutes 27 seconds west a
distance of 104.16 feet along the westerly right of way of Belmont Circle to a
point; thence go south 88 degrees 18 minutes 23 seconds east a distance of 40.00
feet to the easterly right of way of Belmont Circle which is the true point of
beginning; thence go north 01 degree 05 minutes 27 seconds east a distance of
233.93 feet along the easterly right of way of Belmont Circle to a point; thence
go south 87 degrees 06 minutes 08 seconds east a distance of 189.62 feet to a
point; thence north 02 degrees 53 minutes 52 seconds east a distance of 12.00
feet to a thence go south 87 degrees 06 minutes 08 seconds east a distance
of 322.64 feet to a point; thence go south 01 degrees 29 minutes 04 seconds west a
distance of 235.16 feet to a point; thence go north 88 degrees 18 minutes 23
seconds west a distance of 510.80 feet to a point along the easterly right of way
of Belmont Circle which is the true point of beginning containing 2.77 acres.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
60% of the record tit~e holders of the ~and
made a motion the petition be validated and the public hearing set
1988. Jack Shinall seconded the motion which carried 5-0.
(D)
of water ban.
meeting of June, council adopted the regional
watering from 12:00 noon to 9:00 p.m., 7 days a
hours on the odd/even basis. This ban was
could be reassessed. The water
in referenCe to the EPD guidelines
and not become more stringent.
existing ban as
back before
the motion which carried 5-0.
by Mr. Patterson be
by the Public Works
for the Parks and Recreation Department were opened, read
Systems
$4,855.36
$10,401.00
$5,853.00
made amotion the bids be turned over to the committee with their
back to full council. Jim Hawkins seconded the motion which carried
a building permit for an adult psychiatric unit
cost of $650,000. Wade Lnenicka made a motion
seconded the motion which carried 5-0.
Joe Magaro,
S. C.
public
Community Development
Street
June minutes
made a
carried 5-0.
consent agenda be approved. Jim Hawkins seconded
Members
and
4th of July
reminded the Ward 3 residents to vote in the
the Parks staff the beautiful fireworks
largest crowd ever.
business, meeting adjourned at 8:38 p.m.
A special called meeting of Mayor and Council was held July 7, 1988 at smyrna city
Hall. 'l'he meeting was called to order at 6: 30 p. m. by presiding off:icer Mayor A.
Max Bacon. All council members were present. Also present was City Clerk Melinda
Dameron and City Attorney Charles E. Camp.
(1) Reconsideration of zoning variance stipulations approved December 7, 1987 for
new development at 2510 South Cobb Drive.
Kathy Jordan said when this variance was approved for Mr. Theodore Crolley for the
new Texaco convenience store/station there was a stipulation that he be required
to place a privacy fence along the rear property line adjacent to the U-Haul
company. Since that time the building has been completed and the property heavily
landscaped. They have removed the old fence on the rear property line, cleaned the
buffer area and feel tha.t a planted buffer would be much more attractive than the
fence and were requesting reconsideration of that stipulation. Kathy Jordan said
the landscaping was beautiful and also agreed that the shrubbery would be more
attractive and made a motion the fence requirement be waived to allow a landscaped
buffer provided it be maintained for the duration of the establishment of the
business. Jack Shinall seconded the motion which carried 6-0.
(2) Variance request
Atlanta Street.
square
footage of sign for Fouts Brothers Nissan, 2158
Kathy Jordan said C. J. Fouts is requesting this variance to allow a new sign at
his business which will be 137 square feet. Maximum square footage allowed by
ordinance is 120 square feet.
Mr. Fouts said he recently purchased the GMC truck franchise and this is their
standard sign which will be moved from the previous dealership. Following
discussion, Kathy Jordan made a motion the variance be approved as requested. Bob
Betenbaugh seconded the motion which carried 6-0.
With no further business, meeting adjourned at 6:52 p.m.
A. MAX BACON, MAYOR
BOB
July 18, 1988
The regular scheduled meeting of Mayor and Council was held July 18, 1988 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 present. Also
present was City Attorney Charles E. Camp, City Administrator and
representatives of the press. Carol Cowan sat in for City Clerk Dameron
who was on vacation.
Invocation was given by Reverend Eric Matheson, pastor of the Norton Park Baptist
Church, followed by the pledge to the flag.
Nothing to report.
declaring
Ken Nix.
Election Superintendent Linda reported
special election for the Ward 3 seat,
Bill Scoggins the winner. Mr. Scoggins was sworn in by State Court Judge
Mayor Bacon announced changes in committee assignments by making Bob Davis
chairman of the Police Committee to replace Jerry Mills and name Bill Scoggins as
Chairman of the Community Development Committee.
Reports were given by Fire, Library, Finance, Community
Departments.
change
Beer and wine pouring license - Pizza Hut, 3815 South
Kris Lynn Hayslett has applied for a license as the
Pizza Hut. The background investigation was favorable and
Pizza Hut hut Ms. Hayslett was not present due
Lnenicka made a motion the license betahled to
Hayslett could he present. Bob Davis seconded the
front yard
sethack from 50 feet to 34 feet - Burger
that
Broiler is
the existing
the huilding. There was
this l6 foot reduction in
area by adding a 14 x 20
no opposition.
to
onto the front
requesting the variance for the enclosure to
seating for their customers in the winter and
are small and the addition cannot go on the
designed only for drive-through service
our city
of way
which
of
from
measured the actual distance from the patio
recommended a 39 foot setback instead of the 34
appear to be in line with other developments
. Lothrop said he would agree to reduce their
feet.
asked Mr.
said the
the side
he moved.
addition could not he made to the side.
only for drive-through service and an
major renovation and re-design. Parking would
with the variance but would like for it to be
and not go with the property for future
variance he approved, to reduce the front yard
with the understanding that the variance was for
seconded the motion which carried 7-0.
setback from 10 feet to 7 feet - 4091 Ridgehurst
Lane of Lane Homehuilders is requesting the
for construction of a new home at 4091
Glen Subdivision. The letter of hardship states that
from front to rear and the rear wall of the house cannot
There was no opposition.
side
revised the original plans and reduced the size of
on the lot. They are trying to save as many trees
and for that reason do not want to shift the house
the house is within the setback except for the
will he about 3 feet over the line. Mr. Lane said
125 feet hetween this corner of the house and the
of this home will he $270,000 to $285,000.
Wade
Betenhaugh
made a motion the variance be approved as
the motion which carried 7-0.
request to
signs per property frontage
Tenneco, Hargrove @
41.
said
Stokes, representative for the owner of Hargrove
Plaza Shopping Center at 2620 Cobb Parkway is requesting permission to erect a
business sign on the Hargrove Road side of the shopping center property_ Hargrove
Plaza is located on a pie shaped piece of property behind the Tenneco Station at
Cobb Parkway and Hargrove Road with access to each of these two roadways. Most of
the businesses in this area are in Cobb County and have business signs at the
entrance from both sides. Mr. stokes is requesting permission to erect a sign to
help identify the tenants in the shopping center for people traveling on Hargrove
Road. There was no opposition to the variance.
Bob Davis said he would like to clarify that the variance is for Hargrove Plaza
Shopping Center and not Tenneco. Mr. Stokes said they had just remodeled the
shopping center and since Hargrove has recently been widened it is heavily
traveled and has become an important arterial road. The additional sign on that
roadway would give more exposure for the tenants in the shopping center and will
meet all other code requirements in terms of copy area and square footage.
Following discussion, Bob Davis made a motion the variance be approved. Wade
Lnenicka seconded the motion which carried 7-0.
(A) Approval of Lake Park Drive street lighting.
John Patterson said that 2 years ago, Georgia Power provided an
$75,084 to light Lake Park Drive. At that time it was considered to
expense to bear and since then they have implemented an
plan and reduced their original cost estimate to $56,172.75. This road is heavily
traveled by vehicular traffic and there are a number of joggers and runners that
travel this route.
Bob Davis said there have been numerous requests for the lighting of this road and
it is unusually dark from the density of trees and landscaping. Bob Davis made a
motion we contract with Georgia Power to install street lights at a cost of
$56,172.75 to be paid in 3 equal installments. Jack Shinall seconged the motion
and asked if this would be the maximum amount they would charge. Mr. Patterson
said it would be a maximum, and could be less depending on rock conditions. Vote
on the motion carried 7-0
(B) Establishment of line assessment fee.
John said approximately 2 years ago plans were drawn for of
a sewer system in the North Cooper Lake/Concord was
after bids were received that only the major outfall one or
two collectors would be constructed to meet current needs and backbone
of the sewer system in this area. Total cost far this installation is around
$330,000 with an additional $20,000 estimated easement acquisition. and legal and
appraisal surveying fees. There has been much discussion developers
supporting this project through a line assessment fee through a per acre charge.
Wade Lnenicka made a motion a $2500 per acre line assessment fee be established as
as strict reimbursement of the initial cost of installation. This fee will be in
addition to any other sewer tap or connection fees in affect. Bob Davis seconded
the motion which carried 7-0.
(C) Approval of business license fee schedule.
John Patterson said that historically, business license fees
the first meeting in January which is after the bills have been
to be moved forward to a time prior to the mailing of the
no fee increases in this scheduled even though our fees are
with surrounding entities and have not been adjusted for a number
have been approved
mailed. This needs
. There are
low compared
of years.
Jim Hawkins made a motion the current fee schedule as provided
business licenses to be issued January I, 1989 be approved. Kathy
the motion which carried 7-0.
city code for
seconded
(D) Appointment to Clean City Commission - Ward 6.
Kathy Jordan made a motion this appointment be tabled to the next meeting. Jack
Shinall seconded the motion which carried 7-0.
(E) Bid opening - breathing apparatus for Fire Department.
apparatus were opened, read and recorded as follows:
Fire
$22,563
$17,470
$l6,700
$16,590
$23,511
$18,668
$22,480
COmpany
7)
it could not be determined
a the bids be turned over to
back to full council at the next
which carried 7-0.
Department.
motion the bid for the be awarded to Minolta, the low
Shinall seconded the motion which carried 7-0.
building permit for new construction at South Cobb
estimated cost of $550,000. Jim Hawkins made a
. Bob Betenbaugh seconded the matj_on which carried
7-0.
to request bids for
to request bids for
for City
easement - Angelo Masi
asphalting of
asphalting of
to proceed
property
Church Street pool parking lot.
road at Jonquil Park
with condemnation of
sewer
made a
seconded the
items A and B of the consent agenda be approved.
which carried 7-0.
we
unable to obtain the required easement through
installation of a sewer line needed in Phase IV of
it is necessary to proceed with condemnation. wade
City Attorney be authorized to proceed with
Bob Betenbaugh seconded the motion which carried
of
project
a motion
the easement.
Bacon
all members of council welcomed Bill Scoggins to council.
calls about the turn lane on Spring Road and
construction which is being funded by the owner
should be completed within the next few weeks.
said it looks as
6% over
It appears
for monitoring
City will end the fiscal year with collections
the departments coming in at 8% under budgeted
in sound financial shape and credit is due to the
their expenditures.
said hast night the City of Marietta hosted a barbecue on the square
to the DemoCratic National Convention and it was a spectacular
reported on Parks activities.
no
business, meeting adjourned at 8:57 p.m.
OATH OF OFFICE
I, Theodore Farland, Jr. , do solemnly swear that I will well and
tru.ly demean myself as Civil Service Board Member of the City of Smyrna for the
ens-uingteTIn, and that I wil.lfaithfully enforce the Charter and Ordinances of
said City to the best of:mYC'lbility. without fear or favor. and in all my actions
as CIVILSERVIGE BOARD MEMBER. act as I believe for the best interest of the
said City. So help me God.
.
Theodore Farland. Jr.
Civil Service Board Member
OATH OF OFFICE
do solemnly swear that I will well and
the City of Smyrna for the ensuing term,
the Charter and Ordinances of said city to
fear or favor, and in a11 my actions as
for the best interest of the said City. So help
3
Subscribed and sworn to before
me this 8th day of July, 1988.
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION
HELD THIS TUESDAY, JULY l2, 1988
1,609 REGISTERED
280 VOTING
We, the d"Uly appointed election managers to cond"Uct this election, declare
the following res"Ults:
COUNCILMAN WARD 1f3
THOMAS E. MC NEAL
W. H. (BILL) SCOGGINS
JAMES WILLIAMS
82
143
55
We therefQre certify to the Mayor and Co"Uncil or the City of Smyrna the
election res"Ults.
J"Uly 12, 1988