November 7/21, 1988 Council Meeting
and Council was held November 7, 1988
was called to order at 7:30 o'clock p.m. by
. All council members were present. Also
John Patterson, City Clerk Melinda Dameron,
representatives of the press.
given
by the
Dan Parker, pastor of Fortified Hills Baptist
to the flag.
Mayor Bacon recognized Hugh Ragan, candidate for the state
were given by the Community Development and Fire
Hattaway Insulation Co., 2940 Anderson Circle.
said
op.erate his
involved
material
J.ackie B. Aaron has requested a home occupation
Mr. Aaron has indicated that he will be the
from his home and that there would be no
at his home. A petition has been received
they have no objection to the l.icense being
their hands as being in favor of the license
was operated primarily from a u-haul type trailer
normally at the job site. The residential permit
to comply with State tax requirements and
wholesale prices. There are no full time
from an answering service. Mr. Aaron said he
21 years and went into partnership 4 years ago
the other half interest but the company
now necessary that he have a city license.
a lot of commercial activity on his street
from the cable television company, also
residential permits were getting out of hand
requests is increasing.
kept his trailer and trucks at home at any
does not stay overnight, but he may be in
his son drives the one-ton truck and keeps
asked Mr. Aaron why this license should be
did not need an office and there was no
The two calls he had today were made from
his car phone.
After
Scoggins made a motion the license be approved,
Shinall said he would not support the motion
existing ordinance regulating home occupation
this request met the intent of the code. Vote on
Shinall opposed.
the motion
(B) Privilege license - package beer and wine - Texaco, 2370 Spring Road.
Hubert Brooks
license for
there was no
has applied as agent for Wallace
this new location. The police
opposition.
Mr. said he is
licenses with
store on
Letters
radius
presented with
alignment of Campbell
exists.
Vice President of Wallace Enterprises and holds all
exception of one on Atlanta Road. A supervisor will
basis and Mr. Brooks said he would be there
presented from the two property owners within
further discussion it was determined that the
application was incorrect because the road
and Carolyn Drive was not shown as it actually
a correct
7-0.
a motiOn
surVeY was
application be tabled to the next meeting until
Jim Hawkins seconded the motion which carried
November 7, 1988 meeting - continued
(C) Privilege
Drive.
license
- package beer and wine - K-Mart, 3205-A south Cobb
John Patterson said that Mr. Robert Allen Ruffner has applied a.s agent for
the new K-Mart store on South Cobb Drive. The police investigation was
favorable and there was no opposition to the request.
Mr. Ruffner said he was the co-manager for K-Mart and would be at the store
every day. The location meets all requirements and Mr. Ruffner said he was
familiar with our ordinance.
Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the
motion which carried 7-0.
(D) Privilege license - package beer and wine
Road.
Exxon, Atlanta Road & Spring
At the request of Willard Ryckman, applicant, Wade Lnenicka made a motion
this application be tabled to the next meeting until waivers could be
obtained from adjacent property owners. Bob Davis seconded the motion which
carried 7-0.
(E) Variance request
Westbrook Drive.
front
yard
setback
from
35 feet to 25 at 3530
John Patterson said that Helen B. Fields is requesting this variance for
construction of a carport which has already begun. The carport will be open
sided and built over the existing driveway. There was no opposition.
Mrs. Fields said her son-in-law is
realize that a variance was required.
neighbors since the sign was posted.
building the carport and they did not
There has been no opposition from the
Jim Hawkins made a motion the variance be granted subject to a building
permit being purchased. Bill Scoggins seconded the motion which carried 7-0.
(F) Variance
sharon Circle.
request - front yard setback from 35 feet to 20.5 feet at 915
John Patterson said Mr. Roy Cheek is requesting this variance for a carport
which was installed by a company that did not acquire a building permit. The
carport was built about a year ago and is attached to the house, making it a
part of the principal structure and not an accessory structure. There was no
opposition.
Jim Hawkins said this was a similar situation to the variance approved
and made a motion this variance also be approved subject to a building permit
being purchased. Jack Shinall seconded the motion which carried 7-0.
(G) Zoning request - The Park at Oakley - increase density from 4.82 units
per acre to 5.23 units per acre.
John Patterson said that Mr. John Wieland is requesting this variance to
s.tart development of phase II of the Park at Oakley at an increased density
from that approved at the November l6, 1987 meeting. At that time, 13 acres
was rezoned to RAD with a maximum density of 4.77 units per acre, with the
overall density being 4.82 units per acre. There was no opposition.
Bob Davis said notices of the zoning had not been posted on Highland Drive
and those were the people that would be most affected. Bob Davis made a
motion the zoning be tabled to the next meeting until signs can be posted on
Highland Drive. Jim Hawkins seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Bid opening - vehicle for Fire Department.
Bids were for a new
recorded as follows:
vehicle for the Fire Department were opened, read and
Wade Ford
Chuck Clancy Ford
$13,747
$13,844
madaa
the:ir
which carried 7-0.
turned over to the Fire Committee for
to full council. Jim Hawkins seconded
to Parks and Recreation Commission - Ward 1.
Bob
that Fran Kington be reappointed to the Parks and
representing Ward 1. Jack Shinall seconded the motion
to hear appeal of Recorders Court - Rodney Allen Tumey
made
1988.
the appeal by Rodney Allen Tumey be scheduled
seconded the motion which carri.ed 7-0.
with
a
us
has been drawn to allow Carson &
of way and other land that may be
Carson & be appointed to represent
as acquisition of right of way,
and any rental/lease agreements. Kathy Jordan seconded
said
with
not support the motion because he personally
firm, regardless of who it may be, and paying
real estate transactions. Normally, real estate
from the seller. Jim Hawkins said real estate
consuming, and it would create too much of a
to attempt. Mr. Carson has offered this service
us in
their mopey
are very
staff members
rate.
motion to
contract
the agreement carried 6-1, with Jack Shinall
effect through April, 1990.
Agpeement with Executive Golf,
Inc.
said the
made with
This
of the course.
tonight is to formalize the negotiated
resulting from the water loss at the golf
both parties to proceed forward with good
been some conversation and concern
the agreement; particularly the paragraph
of liability. After discussion with Mr. Camp
the agreement because any release from any
is in relation only to the diversion of
agreement be accepted. Jack Shinall seconded
Computer equipment for Library.
Jordan a motion the computer hardware equipment for the Library be
to IBM at $16,948, the low bid meeting specifications. Jack Shinall
the motion which carried 7-0.
no permits for consideration.
of October
to request
date of first
aerial photos and digitizing
meeting to December 12
Jack
a
seconded
items Band C of the Consent agenda be approved.
which carried 7-0.
Bob Betenbaugh
a correction to
the motion which
made a motion the minutes of October 3, 1988 be approved with
reflect that Kathy Jordan was not present. Bob Davis seconded
carried 6-0, with Kathy Jordan abstaining.
wade Lnenicka made a motion the minutes of october 11, 1988 be approved as
submitted. Bob Davis seconded the motion which carried 6-0, with Jack Shinall
abstaining.
Jim Hawkins made a motion the minutes of October 17, 1988 be approved as
submitted. Jack Shinall seconded the motion which carried 6-0, with Bob Davis
abstaining.
COUNCIL INPUT:
Kathy Jordan made a report from the Library and stated that 1,092 new voters
had registered at the Library for the upcoming election.
Jack Shinall said the FLSA law suit brought by the firemen has beeD tried and
negotiations for settlement are on-going. The fire committee will meet
November 16.th and the topic of the meeting will be the suit.
Wade Lnenicka expressed his appreciation to the Parks & Recreation staff for
the Halloween Carnival at Cobb Center Mall; it was very successful.
Wade Lnenicka also reported the new Public Works facility was coming along
nicely and they hope to move in next week.
Wade Lnenicka reported that the water problem on Campbell Road at the bridge
has been corrected.
Wade Lnenicka said that Friday is Veterans Day and reminded everyone that the
American Legion will have a special ceremony on the front lawn this Friday at
ll:00 a m.
Bob Davis said we are still having some problems with the striping on Spring
Road at Campbell and we are trying to get it corrected.
Attorney Camp reported
November 17, 1988.
that
the
Jebco
law
suit has been continued until
With no further business, meeting adjourned at 8:33 p.m.
November 21, 1988
The regular meeting of Mayor and Council was held November 21, 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. AlE';o present
was City Administrator John Patterson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp and representatives of the press.
Invocation was given by Johnny Mackey from Smyrna Church of Christ, followed
by the pledge to the flag.
Mayor Bacon announced that item 4(C) on the agenda, the package beer and wine
Cobb Drive was being tabled at the
motion the application be tabled
motion which carried 7-0.
a resident of Highview Drive praised the
quick response 2 weeks ago when one of his
. EmergenGY vehicles arrived within minutes
until they reached the hospital. Mr. Black
a community where really care, and
these employees do a great job and should be
were given
from the
Police Department and
- The
at Oakley - increase density from 4.77 to 5.23 units
acre.
Wieland is requesting
was rezoned to
per acre and the
density for the
one person in opposition
John Wieland Homes.
this rezoning for phase
on November 16, 1987,
in density tonight
development of 4.82
was sworn in along
very small increase in density for the overall
been dropped to provide an amenity package
When they purchased this 13.2 acre tract the
acre. When complete, the project will have a
said they are providing a 100 foot buffer
on Highland Drive. Their property line
pretty much follows the flood plain line. Jim
any clearing in the buffer area and Mr. Leach
the buffer area; in fact, it is so steep
get any equipment into the area. Prices of
'so Bob Davis asked Mr. Leach if he was
on Sunday. Mr. Leach said he did not realize
Sunday work but he would put a stop to it.
will not begin before 10:00 a.m.
out
objected to
dollars in
. Also, the
development was
variance and stated she
from water runoff
buffer behind her home has
causing an invasion of her
for our city engineer to check on the problems
Cannalizio's home and also check on the water
it was adequate and not clogged in any way.
applicant
the Jim
opposed.
Davis aSked John Patterson to have the buffer
a motion the zoning be approved as requested
strictly to the plans and plats originally
Hawkins seconded the motion which carried 6-1,
license
package beer and wine for Texaco, 2370 Spring Road.
said
for
Hubert E. Brooks is applying for the package beer
new Texaco on Spring Road as the appointed agent for
This application was tabled at the November 7th meeting
in the survey. The corrected survey has now been
opposition.
an error
There was no
at the last meeting indicated two homes
after it was corrected to show the correct
survey indicates that only one of those homes
Mr. Brooks said he is the Vice President of
holder, would be at this location
licenses in the county with the
he understood state and local laws
and had never had any violations.
In response to a question from the audience, John Patterson said the distance
from Argyle Elementary School was verified after the discrepancy was found in
the survey and it is well outside the 300 foot radius.
Bob Davis said we had received waivers from the affected residential property
owners but he had a problem with the license being issued because it does not
meet distance requirements to residential property and also is very close to
the school. Bob Davis made a motion the license be denied, seconded by Jim
Hawkins. Vote on the motion failed 2-5, with Wade Lnenicka, Bill Scoggins,
Jack Shinall, Kathy Jordan and Bob Betenbaugh opposed. Wade Lnenicka then
made a motion the license be approved, seconded by Kathy Jordan. Vote on the
motion carried 5-2 with Jim Hawkins and Bob Davis opposed.
(C) Privilege
South Cobb Drive
license
package beer and wine for South Cobb Amoco, 3402
Mayor Bacon
meeting.
said this
application has been
tabled to the December 12th
(D) Privilege license - Management change for liquor, beer and wine pouring
- American Legion Post 160
John Patterson said that William B.
the American Legion Post 160. The
.there was no opposition.
Turner has applied as the new agent for
police investigation was favorable and
Jim Hawkins said this
grandfathered from any
Hawkins made a motion
motion which carried 7-0.
is the oldest liquor license in the City and
distance requirements. With little discussion, Jim
the license be approved. Jack Shinall seconded the
(E) Privilege
Spring Road.
license
package beer and wine - Spring Road Exxon, 1420
John Patterson said that Willard Allen Ryckman, Jr. has applied for this
license as the appointed agent for Exxon. Mr. Ryckman will be the store
supervisor. This application was also tabled at the last meeting to allow Mr.
Ryckman time to obtain the waivers he needed at 3031 and 3041 Atlanta Road
and also to have his wj.fe fingerprinted. Sjnce that time, all requirements
have been met and the police investigation was also favorable. There was no
opposition.
Mr. Ryckman said he has been with Exxon for 2 years in .this capacity. Their
employees are well trained and they also have an audio/video security system
which records all transactions and places everything on film should there be
any probl.ems.
Wade Lnenicka said Mr. Ryckman had obtained letters from the two property
owners within the 200 foot radius saying they have no objections. Exxon had
also agreed to placing a 6 foot wooden fence along the property between the
station and Mrs. Konigsmarks' house and has also planted trees along the
property line for her benefit. Waivers were also obtained from the two
property owners at both corners of Atlanta Road and Quarles Avenue, zoned
Future Commercial, saying they have no objections since they also fall within
the 200 foot radius.
Wade Lnenicka made a motion the license be granted conditioned on the
erection and maintenance of the fence and buffer along the
line. Jim Hawkins seconded the motion which carried 5-2 with Jim
Bob Davis opposed.
(A)
Road.
Validation of signatures to annex Doc's Food and Spirits, 2621 Hargrove
John Patterson
their business
as follows:
said that James J. and Barbara Brenner have requested that
be annexed into the City. Attorney Camp read the application
We the , who constitute sixty percent of the electors and
sixty percent 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
area annexed into the City of Smyrna under the provisions of laws
of Georgia, said property being annexed being described as
parcel of land lying and being in Land Lots 848
2nd Section, Cobb County, Georgia, and being
as follows:
for property to be by this deed,
the original right of way line of
as measured along the easterly old right
from its intersection with the southwesterly
41; running south 87 degrees 19
of 15 feet to an iron pin located on the
line of Hargrove Road (an 80 foot right of way
along the new right of way line of
103.15 feet to an iron pin located at the
conveyed by United American Holding
a Georgia General Partnership, composed of
by Warranty Deed recorded at Deed Book 2427,
and the true point of BEGINNING for property to
running thence southerly along the easterly new
Road, a distance of 96.88 feet to an iron pin;
19 minutes 57 seconds east, a distance of
the southwesterly line of Tract II described
37 degrees 10 minutes 50 seconds west along
Tract II, a distance of 125.80 feet to an iron
said Tract II; running thence north 87 degrees
along the southerly line of said Tract II, a
iron pin located on the easterly new right of
POINT OF BEGINNING, being improved property
located thereon known as 2621 Hargrove
system of numbering in Cobb County, Georgia,
Fulton Federal Savings and Loan Association and
by Eston Pendley, Land Surveyor, dated July
of land lying
Section, Cobb County,
in Land Lots 848
Georgia, and being
AT THE POINT
point
625.67
of
line
seconds
right of
the true
thence
OF
for property to be conveyed by this deed
original right of way line of
as measured the easterly old right
from its intersection with the southwesterly
Highway 41; running thence south 87 degrees 19
of 15 feet to an iron pin located on the
line of Hargrove Road (an 80 foot right of way
BEGINNING for property to be conveyed by this
along the easterly new right of way line of
103.15 feet to an iron pin and the northwesterly
United American Holding Corporation to JJJ
composed of James J. Brenner and Jong In
in Deed Book 2427, page 63, Cobb County
degrees 19 minutes 57 seconds east along the
conveyed at Deed Book , page 63, Cobb
165.19 feet to a point; running thence south 37
10 east along the northeasterly line of said
conveyed at Book 2427, page 63, Cobb County Records, a distance
feet to an iron pin; running thence south 87 degrees 19 minutes 57
east, a distance of 39.31 feet to a nail; running thence north 37
minutes 50 seconds west, a distance of 110 feet to an iron pin;
north 37 degrees 12 minutes 00 seconds west, a distance of
to an iron pin; running thence north 87 degrees 19 minutes 57
a distance of 113.80 feet to an iron pin located on the easterly
of line of Hargrove Road and point of BEGINNING as per survey
JJJ by Melvin H. Pair, Land Surveyor, dated June 16,
April 25,
and
easement for the purpose of ingress
gesignated at "10" easement", "Company
also, that 12' strip lying contiguous to,
the aforesaid "10" Easement" (said 12'
strip being further identified in items (i) and (ii) in Grantor's reservation
in that Warranty Deed from Harold Ellman and Marjorie E. Weinstein to Old
National Highway Company, dated September 2, 1975, filed September 3, 1975,
recorded in Deed Book 1627, page 539, Cobb County, Georgia records), as shown
on plat of survey for Walton clothes by John J. Harte Associates, Inc., said
plat being attached as Exhibit "An to that Transfer Conveyance and Assignment
of Easement, dated September 15, 1976, recorded in Deed Book 1721, page 338,
Cobb County, Georgia Records. The aforesaid easements are set out in that
Reciprocal Easement Agreement by and between Old National Highway and
Harold Ellman and Marjorie E. Weinstein, dated September 2, 1975, recorded in
Deed Book 1627, page 541, Cobb County, Georgia Records; as modified and
assigned by that Transfer Conveyance and Assignment of Easement, Assumption
of Maintenance Obligation and Reciprocal Easements, dated September 15, 1976,
recorded in Deed Book 1721, page 338.
Also, TOGETHER with that perpetual non-exclusive sign easement set out as
Item 4 in that Reciprocal Easement Agreement, aforesaid, recorded in Deed
Book 1627, page 541, Cobb County, Georgia Records, as modified Grantors'
Reservation iii in that warranty deed from Harold Ellman and Marjorie
E.Weinstein to Old National Highway Company, dated September 2, 1975, filed
September 3, 1.975, recorded in Deed Book 1.627, page 539, Cobb county, Georgia
Records.
TOGETHER with all
licenses contained
made a part hereof:
Grantor's right, title and interest in those easements and
in the following instruments, which are by this reference
1... Warranty Deed from Harold Ellman and Marjorie E. Weinstein to Old
National Highway Company, an Ohio partnership composed of William G.
Chakeres, Thomas H. Gooding, Georgia L. Jenkins and James R. Beatley, Jr.,
recorded in Deed Book 1627, page 539, Office of the Clerk of the Superior
Court of Cobb County, Georgia records.
2. Reciprocal Easement Agreement by and between Old National Highway
Company, an Ohio partnership composed of Willi.am G. Chakeres, Thomas H.
Gooding, Georgia L. Jenkins and James R. Beatley, Jr., and Harold Ellman and
Marjorie E. Weinstein, dated September 2, 1.975, recorded in Deed Book 1627,
page 541, aforesaid records.
3. Warranty Deed from Harold Ellman and Marjorie
Manufacturing Company, a Georgia corporation, dated
recorded in Deed Book 1721, page 329, aforesaid records.
Weinstein to Walton
September 15, 1976,
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/JAMES J. BRENNER, BARBARA BRENNER
Bob
set
7-0.
Davis made a
for December
motion the signatures be validated and the pub;Lic hearing
19, 1988. Jack Shinall seconded the motion which carried
(B) Set date t.o hear appeal of Recorders Court - Donna B. Licot, Jimmy
Richard Emory, Jr. and Annette P. Barber
John Patterson said that three additional appeals were received from the
Recorders Court held November 3rd. Bob Betenbaugh made a motion the appeals
be scheduled for December 12th. Kathy Jordan seconded the motion which
carried 7-0.
(C) Modification to outdoor watering restrictions
John Patterson said the City has been under a water ban consisting of the
odd/~ven system with a total ban from noon to 9:00 p.m. The Atlanta Regional
Commission has suggested that we can relax the ban somewhat and go to
strictly an odd/even system.
Wade Lnenicka said ARC has adopted a plan which is being endorsed by all
other communities of the region to allow outdoor watering on the odd/even
syst~m with no restrictions concerning hours, 7 days a week. Wade Lnenicka
made a motion that effective December 1, 1988, we adopt the odd/even system
for outdoor watering, 7 days a week, 24 hours a day. Bob Betenbaugh seconded
the motion which carried 7-0.
amendment - Sectlon 5-2, Bail Bondsmen
ordinance now requlres
to hold such a
people apply
residents.
that a person be a resldent of
license. It has been suggested
that we extend the residency
Currently, there is only one
had met regardlng thls amendment and the
you must be a resident of the City for
. Their recommendatlon is to expand
County residents to apply, with all other
made a
sub~paragraph (2) In its
the Code be amended by deleting Section 5-2,
and replacing wlth the following:
Bail Bondsmen
is a cltiz.en of the United states and has been a bona fide
Cobb County for one (l) year prior to the date of application;
seconded the motion which carried 7-0.
low bid of $13,747 be awarded to Wade Ford for
for the Fire Department. Jim Hawkins seconded
7-0.
Holbrook
inspectlon
at 3315 South Cobb
be effective for 6
a building permit for construction of an
at 2200 South Cobb Drive (Cobb Center Mall) and
(Concord Square Shopping Center). These permits
Frankel
of an
for a 6 month period.
.F.F. Ltd. also requested a building permit for
inspection station at Belmont Hills Shopping
Hawkins made a
by the
structures. Jack
these permits be approved subject to an on-site
to check the appearance and aesthetics of
seconded the motion which carried 7-0.
of
business
, Robert B. McDonald
~icense, Christmas Tree Outlet, King Springs Plaza
Kathy Jordan made
motion
the consent
7-0.
agenda be approved. Jack Shinall
Betenbaugh reported on
activities.
reported on
have on the
for disabled
$4 000
condition of the City and said he would
a proposal to increase our homestead
and senior citizens. At the present time we
retired persons and $6,000 for disabled. since
valuations go up each year, Mr. Hawkins said he woul.d like for
consider increasing the exemption to those people to $10,000
are on fixed lncomes.
the
Lnenlcka said he
article that said
That was
annexation issues
mis-quoted in the Saturday Marletta Daily Journal
was in favor of consolidating the cities and
and Mr. Lnenicka said he was actually speaking
with the City of Marietta.
no further buslness, meeting adjourned at 9:00 p.m.
BOB BETENBAUGH, WARD 7