February 2/16, 1987 Council Meeting
-'"
February 2. 1987
City
represen
led meeting of Mayor and Council was held pursuant to the
2. 1987 at Smyrna City Hall. The meeting was called to
k p.m. by presiding officer Mayor A. Max Bacon. All
present. Also present was City Attorney Charles E. Camp.
John Patterson. City Clerk Melinda Dameron and
press.
Invocation was given by Bill Askea. followed by the pledge to the flag.
Randall Young and Bill Askea from the Smyrna Business Association presented a
check for $10.000 from the SBA towards the funding of the lighting of South
Cobb Drive.
Mayor Bacon said that tomorrow is Fireman's Recognition Day and stated that we
have one of the finest fire departments in the State thanks to the great
leadership.
CITIZENS INPUT:
Nothing to report.
DEPARTMENT REP
the Clean City Co
Reports were given from Parks and Recreation. Library and
ttee.
PUBLIC HEARINGS:
(A) Rezoning request - property at Magbee Drive and South Cobb Drive fromR-
~5 to Office/Institutional.
John Patterson said that Mr. John Witt had requested this zoning March 17.
1986 and it was approved with the stipulation that if a building permit was
not issued within 6 months time the property would revert back to its original
zoning. The buildi t was not issued and he is here again tonight
seeking approval of zoning. Mr. Gene Hoaster will be the developer of
the property. The Planning and Zoning Board recommended approval or the
rezoning with several stipulations. There was one person in the audience in
opposition who was sworn in with Mr. Witt and Mr. Hoaster.
the process or selling his property ror development
any. would be relocated to Alexander Street.
and South Cobb will be merged to form a lot
square feet. Construction will be in two
the first building starting immediately. Mr.
would be masonry brick Williamsburg style. They
ear. The total square footage of both buildings
they originally proposed in one building. from
buildings will be two-story and joined with a covered
the exit onto Magbee would be designed to
Magbee and the residential neighborhood.
Mr. Witt said he
and his business.
Four lots on the
cbntaini rox
construction of
said the buildings
hope to begin Phase II
will contain less than
18.000 to 13,000. Both
walkway. The con
prevent cars from
Mr. Herring
not really
motion the zon
Of rice/Institution
closer than 170
requirements be met.
had been answered about the development and was
no further discussion. Jim Hawkins made a
roved rrom R-15 and General Commercial to
stipulations that no curb cut on Magbee be
the rear property line and that proper bufrer
s seconded the motion which carried 7-0.
(B) Variance request
Quarles Avenue.
reduction in side yard setback requirements at 1381
John Patterson Mr. Yagadics came berore council at the last meeting
requesting a variance for a carport attached to his home.
The variance req 10 feet to 0 feet and there was some concern
that the carport onto adjacent property and that a corner of
the carport t have actually encroached upon the adjacent property. There
was no opposit from the audience.
Mr. had met with Mr. Williams and it was decided
that was the problem area and they have agreed to
move the property line approximately 1 1/2 feet.
Gutters will also be installed on the side of the carport to direct the water
flow away from the property line and towards the center of their driveway. Mr.
Williams did have the survey completed and the carport is very close and the
overhang may be over the line.
Joel Harrell made a motion the variance at 1381 Quarles Avenue be approved to
reduce the side yard setback from 10 feet to 0 reet with the stipulations that
February 2, 1987 - continued
permit be obtained, tl'tatthe carport structure be
that the carporth;3;v~gutters installed with
away rrom the adjoining property. Jim Hawkins seconded
Following a question rrom Hugh :Ragan, Chuck Camp said council was
Mr. Yagadics the right to overhang or do anything else to door
neighbor's property; the motion will give him the right to a zero on
the structure and the air directly above. Vote on the motion to approve the
variance carried 7-0.
(c) V;3;riance request
at 706 Cherokee Road.
- reduction in rront and rear yard setback requirments
John Patterson said that Earl Northwest Insurance Agency was asking
for two variances; one ror reduction from 50 feet to 35 feet and
a rear yard reduction rrom 50 feet ror an addition to the building.
The front face or the addition be in line with the front face of the
existing building. There was no opposition rrom the audience.
Mr. said they were adding about 1,000 additional square feet or office
space the side or the buil<'l.ing~ The front setback does not existing
requirements due to the widening or Cherokee Road. Mr. Styes said he had
talked to the afrected property owner to the rear last week and indicated
they would have no objection to the addition. Hugh Ragan the
requirement ror a variance on yard. Mr. Camp said since existing
building is in nonconrormance our ordinance, the will be
required since this is a new and all existing must be
complied with in cases such as this. Following discussion, Kathy Brooks made a
motion variances be approve<'l.'\1lith the stipulations that 8 p-arking spaces
be and that a 6 foot opaque fence be placed along the rear property
line. Ragan seconded the motion which carried 7-0.
(D) Variance request
Spring Road.
reduction. in rear yard setback
at 1680
John Patterson said that Mr. Shope of Auto Cool. Inc. had requested a
variance on rear yard setback requirements rrom 50 feet to 10 feet for an
addition to the building. There was no opposition.
Mr. Shope said they needed
foot building addition to
owned interest in
the other one-,halfinterest.
the rront of the existing
a motion the variance be
requirements. Jack Shinall
and were proposing a 2,000 square
in the business. Mr. Shope said he
and had a contract to purchase
they were to re-face
it more . Bob Davis made
compliance with all bufrer zone
which carried 7-0.
(E) Beer and wine package license request - Quicktrip, 3875 South Cobb Drive.
John
agent
and
meets
said that
new
The
all distance requirements.
was no
as
beer
10cati.on
Ms. Taylor said she would 'Working in the store; she will work in the
orfice on Roswell Road. Ms. Taylor said she had read the ordinances and knew
she would be resposible for the license. Joel Harrell said at the time the
property was zoned there were certain stipulations placed on it; this is a
very prominent corner and he would be sensitive to the concern
of to see that there would be an asset ...Jll,1.gh Ragan
said one of the property be developed as a shopping
center and asked would be classified. Mr. Camp said
that by use, they could part or a shopping center but did not
think that one store is not as large as .a store
could be classiried as a center. Hugh Ragan told Ms.TaYlorthis was
not something she had that there were stipulations placed
on the zoning because there concerns about the use of the property
because it is very prominent the intended use is not being met.
Joel Harrell said at the came to the City about a building
permit. there was a shopping go behind their store.
made amotion the package license be
which carried 7-0.
After further discussion
granted. Jack Shinall seconded
February 2. 1987 - continued
(F) Beer and wine package license (management change) - Tenneco. 2610 Cobb
Parkway.
The applicant for the license was not present and Jim Hawkins made a motion
the application be tabled to the next meeting. Hugh Ragan seconded the motion
which carried 7-0.
(G) Beer and wine package licene (management change) - Tenneco, 1166 Concord
Road.
nse was not present and Joel Harrell made a motion
to the next meeting. Jack Shinall seconded the
The ror
the tion be
motion which carried 7-0.
(H) Beer and wine package license (management change) - Tenneco. 902 Cherokee
Road.
The applicant ror
the application be
which carried 7-0.
the license was not present and Jack Shinall made a motion
tabled to the next meeting. Bob Davis seconded the motion
FORMAL BUSINESS:
(A) Change Ward 3 polling place.
John Patterson said that
School as the po
creating a disrupti
newly renovated anne
place. Jerry Mills
polling place needs 0
polling place as rollows:
since the establishment of Hawthorne Elementary
for Ward 3. use of those facilities have changed.
ing activities. It has been suggested that the
ross the street be used as the Ward 3 polling
the County is also in total agreement that this
moved. Jerry Mills read a Resolution to change the
WHEREAS; Several
Smyrna POlice St
s ago. the City of Smyrna Ward 3 polling place was at the
on Bank Street; and
WHEREAS; Overcrowded conditions at the Police Station necessitated the move to
Hawthorne Elementary School which at that time was the only other public
building available within the election district; and
WHEREAS; Hawthorne Elementary School now is a school for disturbed children
and during the City's 1985 election many complaints were received rrom voters
and poll workers about the facilities. lack of adequate parking spaces and the
disruptive atmosphere created by the children there; and
WHEREAS; The newly renovated city courtroom on Bank Street will provide more
parking. better handicapped facilities and an atmosphere more conducive to a
smooth and orderly election; now
resolved that the City of Smyrna Ward 3 polling place be
Hawthorne Elementary School to the City Courtroom located
THEREFORE; Be it
relocated from the
at l30l Bank Street.
Jerry Mills made a motion the resolution be adopted. Jack Shinall seconded the
motion which carried 7-0.
(B) Sewer rate increase.
John Patterson said on November 11, 1986. the county commission approved a
sewer rate increase to be effective January 1. 1987. There has been
considerable discussion among council and the Cobb Municipal Association
regarding the rate increase. We have asked for a delay in the increase to
allow us time to notify our customers. So rar. no answer has been received
from the county and it appears as though they are not going to respond. In
order to collect the billing that is necessary to pass this increase on to our
customers. the debt resolution requires that the City recover all costs and
unfortunately this increase must be passed on.
Joel Harrell said this is a situation that we don't have too much control
over. The rate that the county is passing on to us is a lesser rate than is
charged to other commercial users, but it is still a substantial increase. We
also thought there was an agreement between the county and the city to put any
increases on a 6 month notice to give us the opportunity to help budget for
February 2. 1987 - continued
this The City cannot absorb which will amount to appro'Ximate1y
$20,000 a month. The present rate is $1.06 per thousand and the proposed
increase is $1.65 per thousand. Joel said he thought we should try to meet
with the county to see ir we can be allowed to have a 6 month moratorium.
Jerry Mills said he was not in support of any increase but also they
had to be passed on. Jerry said that Earl Smith had led the to believe
that proposed sewer impact fees would substituteror any sewer increase.
The impact fee plan has been placed on hold for 90 days and now they are
asking for a sewer increase. so it appears they are trying to get both.
Jack asked how the was communicated to John
Patterson said there was a meeting on October 18th where &
Company presented their inter-governmental rate analysis and at time it
was still just under discussion. The fee that was to be passed to the
county's retail customers was in excess of $2.00 per thousand and the rates
for the cities were as they have been. On November 1lth. a letter was mailed
to the cities rrom Fred Hawkins.<Engineer in the Water Department explaining
that the commission had adopted an increase in their rates.
John Patterson said if cost went up. that cost should be shared eqUally by all
customers; the cities should not receive a 19% increase and the<county retail
customers pay 16.5% increase.
Hugh
believe
billing
$20,000
did not
do. which
January
additional
can prove
not gotten the
notice. but
agreement and
think the county was doing
is to give us a 6 month
and we have
need to address
an agreement
We did
by Mr. Camp
not an agreement.
months
meant a one-time
said he would
increase be
be tabled until
and get some
which carried
bill our customers
pursue this
that the increase
rate.
county. It was agreed
be passed on to our
Mayor Bacon
suggested the
the increase
the
that
we
(A)
service.
John Patterson said that we
one company to hopefully
city buildings were
upon the reconunertdation
contract be awarded to
Mr. said the actual
our
Joel Harrell
our pest
Bids requesting service
with 6 companies
Hugh Ragan
Company
but they did
was less than $100 in
carried 7-0.
(B) Water meters.
30, which carried 7-0.
John requested for
bids
COMMERCIAL BUILDING PERMITS:
building permit ror
Communications on
the property would
giVe them time to
not be us sued until
the building permit be
7-0.
of
is
approved. Hugh
February 2. 1987 - continued
(B) Commercial Construction rquested a building permit ror new
const e corner of Roswell Street and Mathews Street at a total
estimated co $920,000. Jerry Mills made a motion the permit be approved.
Jim Hawkins seconded the motion which carried 7-0.
(c) Tolar Construction requested a building permit for new construction at
6000 Parkway at a total estimated cost of $513.000. Hugh Ragan made
a motion permit be approved subject to approval or the site plan by the
Soil Conservation Service. Kathy Brooks seconded the motion which carried 7-0.
(D)
6000
made
the
7-0.
Tolar Construction requested a building permit for new construction at
Highlands Parkway at a total estimated cost or $1.l70.000. Hugh Ragan
a motion the permit be approved subject to approval of the site plan by
Soil Conservation Service. Joel Harrell seconded the motion which carried
(E) Gene Hoaster requested a building permit ror new construction on South
Cobb Drive at Magbee Drive at a total estimated cost of $340.000. Jim Hawkins
made a motion the permit be approved subject to approval or the the Building
Inspector, Fire Marshal and City Engineer. Jerry Mills seconded the motion
which carried 7-0.
CONSENT AGENDA:
(A) Approval of January minutes
(B) Cooling system ror communications rooms
(C) Wig-wag light on Concord Road at Deerwood Parkway
Jim Hawkins made a motion the rules be suspended to add another item to the
consent agenda. Joel Harrell seconded the motion which carried 7-0.
Jim Hawkins said a si on came up today that needs to be handled by issuing
a business license at South Cobb Drive in a commercially zoned area for a
beauty shop. The business license was not granted today because there is no
paved parking in front of the location. The owner has given us a letter on
file that he will have the paving done within a 6 month period of time. Jim
said he would like to approve the business license tonight under those
conditions and ir the paving is not done within 6 months, the business license
will be terminated. Jim Hawkins made a motion this item be placed on the
consent agenda. Jerry Mills seconded the motion which carried 7-0.
Hugh Ragan made a motion the consent agenda be approved. Joel Harrell seconded
the motion which carried 7-0.
COUNCIL INPUT: Jack id that several months ago he had asked for a
study on trafric at ier Streets. This weekend a resident was hit
at that intersection ill hospitalized. Jack asked John Patterson to
review that intersection again for a possible 3-way stop sign and would like
to have it on the agenda for a 90 day trial period.
Jack Shinall said the Community Development Committee would recommend that the
City start a crackdown on all the wrecked cars parked on city streets. The
ordinance needs to be strengthened to have these cars removed.
Jack Shinall said the residents or Flagler Circle are having a serious
drainage problem that has really created hazardous conditions in the area.
Jim Hawkins thanked the a Business Association ror their rine efforts in
the street lighting pr It is very commendable when people in the
community give or their time freely and have this type or community interest.
Joel Harrell said John Swirt
drainage study and he hoped
weather has delayed some of
Harrell reported
70% complete. Che
most of that work is
was trying to get everything finalized on the
to have a report back on February 9th. The
the field work that must be completed. Joel
rehabilitation work which is probably now 60 or
E nsion utility work is progressing nicely and
Sherwood Road sewer work is also underway.
Joel Harrell said the proposed sewer rate increase is a very critical issue to
members of council. One or the items discussed during the recent weekend
retreat was how to open lines of communication with the county commissioners
and try to work with them.
reported on the sewer rehabilitation project. Several streets are
for resurracing, including Walker Street. Foster Street and Spring
Following that. work will begin in the Morris Circle, Balmoral Road
area.
_hI'
February 2. 1987 - continued
Mayor Ba.c.on said the Hugs NotP>:"ugs campaign kicked ofr Saturday at Brawners
Hospital and they had a good turnout.
Mayor
Smyrna
being
Bacon congratulated Mrs.
1987. Bill Atkins ror
Mr. Cobb County.
Williams on recently being
named Mr. Smyrna and C. V.
Mrs.
ror
With no further business. meeting
at 9:07 p.m.
************************
February 16. 1987
The scheduled meetingo:fMayor and Council was held
at City Hall. The meeting 'Was called to order at 7:30 0'
presiding orricer Mayor A. Max Bacon. All council members were
ror Bob Davis who was sick. and Jack Shinall who was out of town on
1987
.m. by
except
business.
Invocation was given by Grady Love.
ro11owed by the pledge to the rlag.
Pastor or Smyrna Presbyterian Church.
Mayor Bacon
for the
recognized Senator
job he is doing.
Jim Tolleson
in
the audience and
him
Jack Collins
blocks at
the
the Smyrna .. Shrine
intersections throughout
Police Department.
their
John
Reports were presented from Police. Fire..Effiergency
Developn).~J,)t departments. with John Patterson giving the
Department..
(A) Annexation or .68 acres on
Drive
a
John Patterson
annexation of
stated that
a parcel
to and
bring business up
annexed.. to become a part
and made a part of the
which carried 5-0.
(B).
(D) Beer and wine
(management changes)
Tenneco
John Patterson
Retail Service
Cobb Parkway.
tabled at the
opposition.
Wilson had applied
beer and 'Wine
Cherokee Road.
. Wilson was not
were
traip.ing supervisor
the liCenses
Ms.
Mayor
that item
7 acres on
5(A) on the agenda, the
camp Highland Road had been
Februarv 16. 1987 - continued
BID AWARDS:
(A) Purchase of GCIC terminals
said the present TC5l00 system in the police department is
no longer repaired by the company that sold it to us. It
by the City , approximately 8 years and is simply worn out.
recommended by the Georgia Crime Information System that we
terminals with the MP200 Crimebuster terminals under the State
sole source of the equipment is Modemplus in Decatur, GA.
Based upon the rec of John Patterson, Jim Hawkins made a motion the
MP200 Crimebuster t be purchased under the State contract rrom
Modemplus at a total price of $8.670. to be paid from Revenue Sharing funds
previously approved. seconded by Joel Harrell. Jerry Mills asked where this
equipment would be placed an who would be authorized to use it. John Patterson
said one of the terminals would be placed in the dispatch center and the other
in the records division ich will be accessible all hours of the day. Only
personnel that have ized by the GCIC will be allowed access to the
terminals. Vote on the motion carried 5-0.
(B) Telephone system
John Patterson said that on October 6th. council directed city stafr to
solicit bids for telecommunication equipment. The current equipment was
installed 8 years ago and is functionally and technically obsolete. Bids were
received from many firms and lengthy evaluations were made or the
bids. John Patterson ed the bid be awarded to AT&T, a company that
has been in business for many years and has several hundred service
technicians in the area. Through the installation by AT&T and the 60 month
lease basis, the City will actually save money by eliminating some of the old
PX and orr-premise extension lines that we are currently paying to Southern
Bell.
Hugh Ragan said this was evaluation process and of the 6 firms
bidding. it was firms in consideration. The system
recommended is no but arter 4 months of evaluation by city starf.
Hugh said he felt d abide by the recommendation, due to the long-
range cost sa features that will improve our productivity and
effiCiency. and fact they are a national company and have
approximately 300 representatives in the Atlanta area to maintain this
equipment. Hugh Ragan made a motion the bid for the telephone equipment be
awarded to AT&T for 75 which is approximately $98.355. seconded by
Kathy Brooks. Jim Ha d he would vote against the motion because he
believed the low bid from Solid States would provide better service than AT&T
and just because they were a small company, was not convinced that they could
not handle the account. Vote on the motion to approve the bid from AT&T
carried 4-1, with Jim Hawkins opposed.
(c) Dump trucks
John Patterson said the Public Works Department is in need of two dump trucks
and bids were recently received from 4 local firms. The bid rrom Fouts
Brothers is recommended it is not low bid. Their bid is only 2%
higher than the warranty provisions. good service and close
proximity give t reasons to award the bid to them. Joel Harrell made
a motion the bid be awarded to Fouts Brothers ror a total bid price of $53.584
to be paid from Streets and Utilities Capital. Hugh Ragan seconded the motion
which carried 5-0.
(D) Protective clothing for Fire Department.
John Patterson said that
protective clothing for
from Harry Harless
of gloves at a ne
any or the bi
Harry Harless f
of gloves rrom
motion which carried 5-0.
bids were received from 5 firms ror replacement
the Fire Department and recommended the low bid
for coats. pants. boots and hoods with the purchase
price from Knoxville Glove which is also lower than
Jim Hawkins made a motion the bid be awarded to
coats, pants. boots and hoods and the purchase
Glove Company at $752.40. Jerry Mills seconded the
(E) Radios for Fire Department
John Patterson
purhase of four
said that bids were
portable radios for
recently received from 5 rirms for the
the Fire Department and recommended the
February 16. 1987 - continued
low bid of $2.019.20 rrom Northside Electronics. Jim Hawkins made a motion the
bid be awarded to Northside Electronics. Joel Harrell seconded the motion
which carried 5-0.
(F) Pool rilters.
John
said that
system and the
to ope1;'ate
Mer-Made Filters
Kathy Brooks made a
$3.900 coming rrom
Facilities Materials
Pool has had many the
rilters need replacing ror
safely. The company that p1.1Jlplies the
. Based upon the recommendation or John
motion the pool filters be purchased from M.er-
Swim Meet account and the/remainder
account. Hugh Ragan seconded the motion which
the
filters is
Patterson.
Made
from
(G)
installation and extension.
John Patterson said the Parks D~partment would be modifyingth~fences at
Brinkley and King Springs Park <and bids were recently secured rrom:3 companies
with a low bid or $5,743 rrom Groover Fence Company. Kathy Brooks made a
motion the low bid be awarded to Groover Fence Company, seCo1'l4~4 by Joel
Harrell. Jerry Mills said it did not appear as though every rence business in
Smyrna had been given the opportunity to bid as has been our and would
like re-bid this work. Kathy~rooks said she didn't think be
for that since regiat1;'ation ror baseball starts and the
be completed beroreP1;'a.ctice starts. Kathy said she these
that had beel'lsf2\ntbids in the past. John they
bid was very competitive and probably the best be
to receive. After further discussion. vote on the motion 4-1.
Jerry Mills opposed.
COMMERCIAL BUILDING PERMITS:
(A) Venture Construction
service garage on South
estimated cost of $310.000.
or ~irch Street
and
and be
made a motion
motion which carried
a building permit
next to the
Bacon said he
ror an automobile
Building at a total
been contacted by
5-0.
(A)
(B)
(C)
Jim Hawkins made a motion the consent agenda be approved. Hugh Ragan seconded
the motion which carried 5-0.
Joel Harrell said that hoperu1ly at the nextme~ting we would
on the drainage study.
repolCted on the of Phase II of the sewer
thought a request been received rrom
or time which would put completion to the
number of street.s the paving contractor has been
weather clears and in addition to those on the
remainder of Spring Street. Walker Court. Mimosa Circle,
and there is still some to be laid. Jerry
been put in on or Anderson Circle but
using it the needs resurracing and
the possibility entire street.
Jim
said
Jerry
let
asked if we
under
notification to
will cover the 14
approved
update as to when
John Patterson
awarded the
last year by city
would
had
. This
contract
Jim
on
the
there are
said the consent agenda approved tonight included no pa1;'king signs
Drive. These signs will be placed with both sides or the street and
department will be asked to patrol the area periodically to be sure
no violations.
February 16, 1987 - continued
H~h
this
Ragan said a lot of complaints have been received about Lake Drive and
is an effort on the city's part to help clean up that area.
With no further business. meeting adjourned at 8:40 p.m.