December 7/21,1987 Council Meeting
The regular scheduled meet~ng of Mayor and Counc~l was held pursuant to the
Charter on December 7, 1987 at City Hall. The meet~ng was called to order at
7:30 o'clock p.m. by pres~d~ng off~cer Mayor A. Max Bacon. All council rnembers
were present. Also present was C~ty Attorney Charles E. Camp, City
Administrator John Patterson, City Clerk Melinda Dameron and representatives
of the press.
Invocation was given by Reverend J. W.
Church, followed by the pledge to the flag.
Frady,
pastor of Calvary Bapt~st
Mayor Bacon stated that on November 17th, Senator Jim Tolleson passed away and
Hugh Ragan has offered h~mself as a candidate for that seat ~n the Senate.
Mayor Bacon read Hugh's letter of res~gnat~on wh~ch became effect~ve November
30, 1987, and presented Hugh and h~s w~fe Jane w~th the trad~tional crystal
jonqu~l and plaque ~n apprec~at~on of h~s serv~ce to the c~ty. Mayor Bacon
also stated the City will have another election December 29th to f~ll the Ward
7 counc~l seat. Qual~fy~ng began today and w~ll end December 9th at 5:00 p.m.
Three cand~dates have already qual~f~ed; Shawn Cochran, Bob Betenbaugh and
Steve W~lson.
team who
plaque to
Gary Myers
help and
won the Georg~a AAU
the Mayor.
expressed h~s appreciation to the Mayor and
support for the Smyrna Panthers g~rls basketball
Champ~onsh~p. Mr. Myers presen'ted the sponsorh~p
Reports were given from Publ~c Works, Parks Department
PUBLIC HEARINGS:
(A) Rezon~ng request
Commerc~al.
1185 Concord Road from Future Commerc,ial, to General
John Patterson sa~d that Ot~s Thomason ~s be~ng represented by H. O. Scoggins
~n th~s request to rezone .69 acres at 1185 Concord Road from FC to GC to
allow construct~on of a new bu~ld~ng for Chuck's Auto D~esel Service Shop.
This s~te is surrounded by Future Commercial zoning on the north, east and
south sides, with GC to the west. There was no oppos~tion from the audience.
H. O. Scogg~ns stated Chuck's Auto D~esel is presently located ~n the Auto
Cool bu~lding on Spr~ng Road and they have outgrown their facilities there.
They would like to construct a new 75 x 50 foot bu~lding on Concord Road wh~ch
w~ll meet all bu~ld~ng requirements. Mr. Scogg~ns said there is commercial
development all along Concord Road w~th a new shopping center being built just
across the street. Th~s will be a very attractive build~ng w~th a secur~ty
fence on all sides of the property. Mr. Fiegle works only on cars, small vans
and p~ckups with d~esel eng~nes. There will be no painting, body work or
wrecked cars on the premises. Th~s w~ll be a neat business and an inside
storage tank will be used for used petroleum products in accordance with state
regulat~ons and when needed. Twelve foot bays will be constructed on
the back s~de of the ng where all work w~ll be conducted.
Jim Hawk~ns said he thought Concord Road would be a combinat~on of commercial
and office development over the next 10 years; however, th~s property is
currently surrounded by FC on the north, south and east s~des and he d~d not
bel~eve a development of this type would blend w~th the atmosphere of that
particular end of Concord Road and was not conducive to GC zoning. For those
reasons, Jim Hawk~ns made a motion the zon~ng be denied. Bob Davis seconded
the mot~on 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 B~ll Harv~n of Concord Assoc~ates, Ltd. ~s request~ng
a reduct~on in the minimum requ~red side yard setback for a new Morrison's
restaurant in this proposed shopp~ng center. The plan submitted shows the
locat~on of the restaurant and the proposed encroachment ~nto the 30 foot side
yard. The lease agreement with K-Mart does not allow any other bu~ld~ng w~th~n
the center to obstruct the v~sib~lity 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, 1,987 - continued
Mr. Zuckerman represented Concord Associates and stated that because the
bu~ldings in the center are not connected they are required to have a greater
setback. If this same center was being built ~n the county, a variance would
not be requ~red. Jim Hawkins said he thought our particular ord.inance has
created a hardsh~p for the developers because it ~s different and K-Mart w~ll
object if the bu~ld~ng projects to the front. Several months ago, Council
approved a var~ance to reduce the requ~red parking for Concord V~llage and an
addition to the front will reduce the~r parking even further.
Jim Hawk~ns made a motion the variance be approved. Jerry M~lls seconded the
motion wh~ch carr~ed 5-1, w~th Joel Harrell opposed.
(C) Var~ance request 2590 Highland Avenue - side yard reduct~on from 10
feet to 7 feet and increase maximum square footage for accessory building.
John Patterson
construction of
maximum s~ze of
Jackson's house
basement, wh~ch
no opposition.
said that B~ll Jackson is requesting th~s variance
a 1,680 square foot accessory bu~lding. Our ord~nance sets
accessory buildings at 25% of the princ~pal structure and
conta~ns approx~mately 2,370 square feet ~nclud~ng
would warrant a 595 square foot accessory bu~lding. There
for
the
Mr.
the
was
Mr. Jackson sa~d he needed a b~gger build~ng for storage for 2 trucks, a boat
and car. Jerry M~lls asked Mr. Jackson what type of business he was in. Mr.
Jackson sa~d 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 bus~ness or store commerc~al, vehicles at h.is home, and Mr.
Jackson said he was not.
Jerry Mills said he thought the sj,ze of this build,ing was excess~ve and would
not be ~n the best interest of his ne~ghbors and made a mot~on the variance be
den.ied. Jim Hawkins seconded the motion which carr~ed 6-0.
** (D) Variance request
yard setback requirements.
2410 South Cobb Drive - reduction ~n rear and front
John Patterson said that Theodore Crolley ~s requesting this variance for
construction of a convenience store w~th 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 s~te about 1 foot from the property line
and he is request~ng a reduct~on from 5 feet to 1 foot. The prj,ncipal
building is comprised of a 24 x 44 square foot store with a 101 x 44 foot
overall canopy and he ~s request~ng a reduct~on on the front setback from 50
feet to 40 feet. There was no opposit~on.
Mr. Crolley sa~d 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 w~ll have one curb cut on
Jones Shaw, one way ~n and one way out, and one curb cut on South Cobb. Mr.
Crolley sa~d he had a letter from the adjo~n~ng property owner approv~ng 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 necess~tate the variances on the front and
rear of the property and from the plans presented, could not understand why
the development coul.d not be completed without variances. Joel Harrell said
the actual cause of the var~ance ~s the overhang of the canopy encroaching
~nto the setback and not the building, but he also had some problem with the
var~ance.
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 w~th 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 t~ed 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 ~n the
aff~rmative 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).
(E) Amendment to zon~ng ordinance.
Attorney Camp said the State has passed an act allow~ng certa~n zoning rev~ew
standards that munic~pal~ties are requ~red to conform w~th, and this amendment
is to comply with the state laws so that our zoning decis~ons are not
discrim~natory and will be upheld in the courts. Jack Shinall said that in
th~s 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:
to be deleted ~n its ent~rety and replaced with the following:
Sect~on 1504 - Public Hearing.
Before enact~ng an amendment to this ord~nance, the Mayor and Council shall
hold a public hearing thereon. At least fifteen (15) but not more than forty-
f~ve (45) days pr~or to the date of hearing, a notice of the date, t~me and
pJ_ace of the hearing, as well as the nature of the proposed amendment, shall
be published in a newspaper having general c~rculation within the City of
Smyrna. Within a reasonable time from the date of the last hear~ng on a
petition to amend th~s ord~nance, the city council shall render an offic~al
dec~s~on on the petition.
Section 1505 to be deleted in ~ts entirety and replaced with the follow~ng:
Sect~on 1505 - Signs posted.
Whenever a proposed amendment to th~s ordinance involves changing the zoning
class~fication of property from one type of zone to the other, and the
rezoning is ~nitiated by a party other than the local government then:
(1) The notice, ~n add~tion to the requ~rements of Sec. 1504 of this Code
Section, shall include the locat~on of the property, the present zoning
class~f~cation of the property, and the proposed zoning class~f~cat~on of the
property; and
(2) The bu~ld~ng inspector shall cause to have posted in a place consp~cuous
to the nearest publ~c roadway on said property one (1) or more s~gns, each of
which shall not be less than s~x (6) square feet in area, and each of wh~ch
shall conta~n ~nforrrration as to the proposed change and the date and time and
place of the public hearing before the city counc~l. No such public hearing
shall take place until sa~d s~gns have been posted for at least f~fteen (15)
days.
(3) The applicant shall furn~sh such other ~nformation as is requ~red to
facil~tate the consideration of the applicable prov~s~ons of Section 1508 of
th~s Article.
to be added to the ord~nance to read as follows:
Section 1508 - Zoning Review Standards.
In the cons~deration of any zoning proposal the Planning Commission and Mayor
and Council shall consider the following factors in their determination.
(1) Whether the zon~ng proposal will permit a use that is suitable in v~ew of
the use and development of adjacent and nearby property;
(2) Whether the zoning proposal or the use proposed will adversely affect the
ex~sting use or usability of adjacent or nearby property;
(3) Whether the property to be affected by the
reasonable economic use as currently zoned;
zon~ng proposal has a
(4) whether the zon~ng proposal
cause an excess~ve or burdensome
fac~lities, util~ties, or schools;
will result in a use which w~ll or could
use of existing streets, transportat~on
(5) Whether the zoning proposal ~s in conform~ty with the policy and intent
of the land use plan; and
(6) Whether there are other existing or changing conditions affect~ng the use
and development of the property which give supporting grounds for either
approval or d~sapproval of the zoning proposal.
December 7, 1987 - continued
(7) Whether the
conform to, be a
space requirements,
current, historical,
development of the property under the zoning proposal will
detr~ment to, or enhance the arch~tectural standards, open
and aesthetics of the general ne~ghborhood considering the
and planned uses ~n the area.
(8) Under any proposed zoning class~f~cat~on, whether the use proposed may
create a nuisance or is incompatible with ex~sting uses ~n the area.
(9) Whether due to 'the size of the proposed use, ~n either ],and area or
bu~ld~ng he~ght, the proposed use would affect the adjoin~ng property, general
neighborhood and other uses in the area pos~t~vely or negatively.
Section 1509
to be added to read as follows:
Sect~on 1509 - Zoning Procedures.
(a) There shall be mainta~ned ~n the off~ce of the c~ty Clerk, w~th a copy on
file ~n the off~ce of the Build~ng Inspector, a copy of the zon~ng map as
adopted and amended from t~me to time along w~th a pr~nted copy of the
procedures for zon~ng or rezon~ng property ~n the City of Smyrna.
(b)
The zoning procedures shall state
or rezon~ng, requ~red not~ces
procedure and requirements as
Smyrna.
the method of fil~ng application for
and advertising, and set forth the
stated in the zoning ordinance of the
zon~ng
general
City of
(c) At the hear~ng before the Planning Comm~ssion, and at the hearing before
Mayor and Council;
1) 'the applicant shall present the proposed zon~ng together with all
facts necessary to make a determination on those facts.
2) the oppos~t~on, if any, may make a presentation or ~ntroduce evidence
to support its or the~r pos~t~on.
3) ~n the event more than one person or group wishes to present
evidence, the Cha~rman of the meeting may require one or more persons to act
as a spokesman to avo~d repet~tious test~mony.
4) the Chairman of the meet~ng may l~it, within a reasonable t~me as
the circumstance shall dictate the time allowed for any presentation or
rebuttal.
5) in the event there ~s ~nsufficient evidence to make a determ~nat~on,
the hear~ng may be continued for a reasonable t~e, from time to time, ~n the
sole d~scretion of the hearing body.
6) the fa~lure of the appl~cant to
information, at the earl~est opportun~ty,
grounds for den~al of the appl~cation.
7) all applications shall be accompan~ed by the appropr~ate aff~davits
and information as requ~red by OCGA 36-67A of the laws of the State of Georg~a
and the fees required hereunder.
provide sufficient ev~dence or
to make a determinat~on shall be
Jack Sh~nall made a mot~on the amendments as read be approved. Kathy Brooks
seconded the motion which carr~ed 6-0.
(F) Amendment to City Charter.
Attorney Camp said the proposed Charter amendment tonight ~s also to comply
with State laws, to carryover terms of office for elected officials unt~l the
new council member is actually sworn ~n and takes office.
Kathy Brooks made a motion the follow~ng amendment to the Charter be approved:
An amendment to
Body; Elections;
Generally, Sect.
Ward res~dence.
the charter
Off~cers;
6. Klection
of the City of Smyrna, Article III. Govern~ng
Powers; Taxation; M~scellaneous. D~vison I.
days; terms of Off~ce of Mayor and Councilmen;
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 elect~on of
the Mayor and all councilmen at the same elect~ons; 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 th~rd read~ng March 6, 1987 by str~k~ng Sect~on 6 in its
ent~rety and substituting ~n l~eu thereof a new Sect~on 6 to read in pert~nent
part as follows:
The Mayor and all seven Counc~lmen shall be elected on the first Tuesday ~n
November, 1987. They shall take off~ce on the f~rst Monday in January, 1988,
for terms of four years and unt~l the~r successors are elected and qual~fied.
Thereafter, their successors and future successors shall be elected
quadrennially on the f~rst Tuesday ~n November ~ediately preced~ng the
expirat~on of terms of office and shall take office on the f~rst Monday ~n
January immediately follow~ng 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 respect~vely, and s~gned by the
Governor April 3, 1987, amends Art~cle 3 of Chapter 3 of Title 21 of the
Off~c~al Code of Georgia Annotated, relating to munic~pal elections, so as to
prov~de for a un~form mun~c~pal elect~on date; to prov~de for certain b~enn~al
elect~ons; to prov~de for trans~t~onal terms for mun~c~pal offices; to provide
for four-year terms for mun~cipal off~ces; to preserve commencement of certain
times by ord~nance; to author~ze the General Assembly to provide for
expirat~on of certain terms and for two-year terms and concurrent or staggered
terms for munic~pal off~ces by local Acts; to authorize and require the
Secretary of State to prepare necessary Code revisions; to prov~de for other
matters relative to the foregoing; to provide an effective date; to repeal
confl~cting laws; and for other purposes.
And whereas H.B. 202 provides that under Sect~on 1. Article 3 of Chapter 3 of
Title 21 of the Official Code of Georg~a Annotated, relating to municipal
elect~ons, is amended by repeal~ng Art~cle 3, relating to the dates of
pr~mar~es and elections generally, in ~ts ent~rety and ~nserting in lieu
thereof a new Article 3 which has the effect of accomplishing two things:
I. It establishes ~n 1993, a uniform general municipal election day of
next following the first Monday in November ~n 1993 and on this day
off numbered year thereafter.
2. All terms of munic~pal office w~ll be four (4) year terms, unless a c~ty
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 w~ll be affected by H.B. 202, and no
terms of office w~ll be shortened, and regular municipal elections are
provided to take place on the~r present election.
And whereas H.B. 202 establishes a transitional term of office for municipal
off~cers elected dur~ng these four years, w~th Cities having terms commenc~ng
at the first organizational meeting ~n January be~ng allowed to cont~nue that
practice;
And whereas H.B. 202 s Art~cle 3, Part I, 21-3-51 (a) to provide that all
general municipal e s occurring before January 1, 1993 must g~ve publ~c
not~ce of such election by the govern~ng authority ~n a newspaper of general
circulat~on ~n the mun~c~pal~ty at least 30 days pr~or to the election;
And whereas H.B. 202 amends Article 3, Part II, 21-3-60 (b) and prov~des that
when a mun~c~pal ch rovides that the term of a municipal off~ce beg~ns
at the f~rst organiz 1 meet~ng ~n January follow~ng a general municipal
elect~on and if the muni l~ty has terms of mun~cipal off~ce of four years
or greater as of January 1989, then the local governing body may continue
the commencing of the term of office as provided ~n the charter for all
offices pass~ng an ord~nance on or before January 1, 1989, stating that
intent wi a certif~ed copy filed with the Secretary of State by January 31,
1989.
And whereas under th~s same amended Part 2, (3), it further provides that all
off~cers elected in 1991 shall have their terms exp~re at the first
organizational meet~ng in January 1996;
Wherefore
No. 331
of Smyrna
upon due considerat~on and contemplation of acts S.B. No. 72, Act
and H.B. 202, the above stated Section 6 of the Charter for the c~ty
shall be and is hereby amended to read as follows:
Beg~nn~ng
place on
the election of Mayor and all seven Councilmen shall take
Tuesday of November. Here~nafter they shall serve for a
in
the
1987,
f~rst
December 7, 1987 - cont~nued
term of four
same becom~ng
election.
years and until the~r successors are elected and qualifi.ed, the
effect~ve on the first Monday in January following each
Prior to the holding of a general mun~cipal election occurring before ,january
1, 1993, 30 days public notice in a newspaper of general circulation ~n the
municipality ~s required.
Jack Shinall seconded the mot~on to approve the amendment which carried 6-0.
(G) Annexation of property - Old Concord Road & Church Road.
Jack sh.ina.ll made a motion the N~ckajack Commun~ty Center property at the
corner of Old Concord Road and Church Road be annexed ~nto the c~ty to become
a part of Ward 5, the legal descr~pt~on be~ng read and made a part of the
m~nutes of the November 16, 1987 meeting. J~m 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 Cr~b
Corporat~on, Wallace Enterpr~ses, et aI, be annexed ~nto the City to become a
part of Ward 7, the legal descr~pt~on being read and made a part of the
minutes of November 2, 1987. Bob Dav~s seconded the motion wh~ch carried 6-0.
(I) Request for package beer and w~ne license - Best Food Mart #3, 2875 South
Cobb Drive.
John Patterson said that Robert Dwayne Rogers has made applicat~on to act as
agent and manager for this locat~on, which is already licensed. The pol~ce
invest~gat~on was favorable and there was no opposit~on.
Attorney Barry Karp represented Shahzeb Enterprises, Inc. as owner and Robert
Dwayne Rogers, agent for the l~cense. Mr. Rogers sa~d he would be the store
manager at this location and has been employed for approximately 2 months,
when Shahzeb Enterpr~ses purchased the store. Mr. Rogers sa~d he was fam~l~ar
with our ord~nance and did not hold any other licenses.The corporat~on 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 identif~cat~ons before sell~ng beer or w~ne.
Jack Sh~nall made a motion the license be approved. Kathy Brooks seconded the
motion which carried 5-1, w~th Jerry Mills opposed.
FORMAL BUSINESS:
(A) Author~zation for Mayor to
property owner ~n Land Lot 775.
convey abandoned right of way to adjacent
John Patterson said that when Campbell Corners shopping center property was
zoned, it was agreed that Campbell Road would be re-routed by exchang~ng r~ght
of ways. A very small triangular portion of the existing r~ght 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 mot~on this small tract be deeded to the adjo~ning property
owner, Bill MacKenna. Jerry Mills seconded the motion which carried 6-0.
(B) Approval to ~ncrease 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 bu~ld~ng permit fees to cover
the cost of microfilming. Th~s would generate about $980 a month which should
be suff~cient.
Jack Shinall made a motion a 10% surcharge be added on building permit fees to
handle the cost of records management ~n the Community Development Department.
Jerry M~lls seconded the motion wh~ch carr~ed 6-0.
(C) Approval to ~ncrease electrical/plumbing/mechanical fees.
John Patterson said our fees for electrical/plumbing/mechanical perm~ts need
to be ~ncreased to bring us more ~n line w~th surrounding count~es and cities.
Last year our plumbing perm~t was updated but it has been several years since
the other fees have been increased.
Jack Shinall made a motion the fees be
seconded the motion which carried 6-0.
~ncreased as proposed. Bob Davis
(D) Approval of water tap fee increase for large ~nstallat~ons.
John Patterson said the C~ty contracts the ~nstallation of the large water
meters, water taps and detect-a-checks because of the time and equipment
requ~red for them. At the present time, we attach a 20% surcharge to cover
adm~n~strat~on costs and system user fees. If our contractor encounters
unforeseen obstacles or problems dur~ng the installation, then any ~ncrease in
the cost ~s backcharged to the developer. It has been recommended that we
~ncrease the surcharge to 50% so that any increase ~n construction cost ~s
pa~d up front. This fee could be reta~ned and placed in the General Fund ~f
there are no increases in the construction cost, to offset those future
installations which may exceed the orig~nal cost estimate by more than 50%.
Joel Harrell made a mot~on the surcharge fee for large installations be
~ncreased from 20% to 50%. Jack Sh~nall seconded the mot~on which carr~ed 6-0.
BID OPENINGS:
(A) Bids for cabs for backhoes ~n the Public Works Department were opened,
read and recorded as follows:
Forest Service
Metrack
$6,612 total ~nclud~ng fre~ght
$6,382 total ~ncluding fre~ght
Jerry M~lls made a motion the bids be turned over to the committee with
author~ty to award the low b~d meet~ng spec~f~cat~ons. Jim Hawkins seconded
the mot~on wh~ch carried 6-0.
(B) Bids for the
recorded as follows:
re-roof~ng of Church Street Center were opened, read and
Northwest Home Improvement
Cobb Home Improvement
$4,648
$3,971
Jim Hawkins made a motion the b~ds be turned over to the committee with
author~ty to award the low bid meeting specificat~ons. Kathy Brooks seconded
the mot~on wh~ch carr~ed 6-0.
(C) Bids
follows:
for C~ty supplused equ~pment were opened, read and recorded as
Boy Scout Troop
#144
James Jones
1978 Chevrolet C-30
1972 GMC 2500 CUstom
1967 Ka~ser Jeep 1 1/4 ton
1967 Kaiser Jeep M-725 Ambulance
Sulla~r air compressor
1977 Galion Roller
$275
$125
$100
$100
$ 50
NO BID
Bob Davis made a motion the bids be turned over to the Police Committee for
review. Jim Hawkins seconded the motion wh~ch carried 6-0.
BID AWARDS:
Noth~ng to report
COMMERCIAL BUILDING PERMITS:
Nat~onal Construct~on Company requested a grading perm~t to construct a
serv~ce road from the rear of the Piccadilly Restaurant to Powder Springs
Street and to grade two future building s~tes behind the Amoco Service
Station. Jack Shinall made a motion the grad~ng permit for the service road
only be approved. Jerry M~lls seconded the mot~on which carried 6-0. Jack
Shinall said the site plans as presented have not been approved and the other
permits w~ll be held to the next meeting.
December 7, 1987 - cont~nued
CONSENT AGENDA:
(A)
(B)
Approval of November minutes
Approval to request bids: 1)
2)
3)
4)
Jim Hawk~ns made
submitted. Jerry
absta~n~ng.
Safety equipment for Fire Department
Vehicle for Ass~stant Fire chief
Vehicles for Pol~ce Department
Renovat~on of Pol~ce Department
a motion the m~nutes of November 2, 1987 be approved as
M~lls seconded the motion which carried 5-0, w~th Bob Davis
Jim Hawk~ns made a mot~on the
subm~tted. Jack Sh~nall seconded
Mills absta~ning.
Jim Hawkins made
submitted. Kathy
Mills abstaining.
a mot~on the
Brooks seconded
Jerry Mills
request b~ds,
minutes of November 16, 1987 be approved as
the mot~on wh~ch carried 5-0, w~th Jerry
m~nutes of November 29, 1987 be approved as
the mot~on wh~ch carried 5-0, w~th Jerry
made a mot~on that ~tem (B) on the consent agenda, approval to
be approved. Kathy Brooks seconded the mot~on which carr~ed 6-0.
COUNCIL INPUT: Joel Harrell reported on Phase III of the rehab wh~ch is well
underway. There are some areas where the streets are still torn up and Joel
asked the c~t~zens to bear with us until they can be paved.
With no further business, meeting adjourned at 9:38 p.m.
December 21, 1987
The regular schedul.ed meeting of Mayor and Council was held December 21, 1987
at Smyrna c~ty Hall. The meeting was called to order at 7:30 o'clock p.m. by
presid~ng officer Mayor A. Max Bacon. All council members were present. Also
present was City Attorney Charles E. Camp, city Administrator John Patterson,
City Clerk Mel~nda Dameron and representat~ves of the press.
Invocat~on was g~ven by Reverend E. L.
Church followed by the pl.edge to the flag.
Stepens, pastor of Bethel Bapt~st
CITIZENS INPUT:
council seat and
election.
Mayor Bacon recognized Steve Wilson, candidate for the Ward 7
Hugh Ragan, candidate for the Senate ~n the December 29th
DEPARTMENT REPORTS: Reports were given by the Commun~ty Development and Fire
Departments. F~reman Eddie Rogers also presented a check for $630.01 to Snyder
Turner, admin~strator of Calvary Ch~ldrens Home which was raised through the
sale of Christmas trees by the Fire Department.
PUBLIC HEARINGS:
(A) Rezon~ng request - corner of Oak Drive and South Cobb Drive from Future
Commercial to General Commercial.
At the request of Virginia Cogg~ns, representative of McDonald's Corporat~on,
Jerry M~lls made a mot~on the zon~ng request be continued. Jim Hawk~ns
seconded the motion which carried 6-0.
(B) Variance request - 2821 Fraz~er Street - reduce side yard setback from 23
1/3 feet to 14 feet.
John Patterson sa~d Hubert Almond is requesting this variance to allow the
completion of a carport on the Bank Street s~de of his house. The build~ng
inspector checked on construct~on at Mr. Almond's home and discovered ~t had
not been perm~tted, and after f~nding the setback infraction, stopped work
unt~l the var~ance could be heard by counc~l. There was no oppos~t~on.
Eff~e Almond
encroachment
x 23 foot
weather.
represented her husband and stated they were not aware of the
and stopped work immediately when ~t was d~scovered. Th~s ~s a 13
carport which will be used to protect their vehicles from the
Jack Sh~nall said the topography of th~s part~cular lot limits space available
for a carport and s~nce th~s is an older home, felt it would be an
improvement. Jack Shinall made a motion the var~ance be approved. Jerry Mills
seconded the mot~on which carried 6-0.
(C) Variance request
feet to 2 feet.
1165 Hill Street - reduce s~de yard setback from 10
John Patterson sa~d that Alice Glover is requesting a reduct~on in the min~mum
side yard setback for a garage addit~on to her home which must be placed
towards the rear to prevent obstruct~on of windows and electrical connections
on the house. There was no oppos~t~on.
Ms. Glover presented a drawing of the house with the proposed addit~on and
said there was an ex~sting awning covering the portion of the driveway they
wanted to enclose. Jerry Mills said this ~s also an older neighborhood and
this add~tion would be an improvement to the property and neighborhood. Jerry
Mills made a motion the var~ance be approved. Kathy Brooks seconded the mot~on
wh~ch carr~ed 6-0.
FORMAL BUSINESS:
(A) San~tat~on waste fee increase.
Joel Harrell
further study.
made a motion the sanitation waste fee increase be tabled for
Jack Shinall seconded the rr~tion which carr~ed 6-0.
BID AWARDS:
Nothing to report.
COMMERCIAL BUILDING PERMITS:
(A) Tolar Construct~on requested a building permit for construct~on of a new
two story office build~ng at 3300 H~ghlands Parkway at a total estimated cost
of $1,900,000. Kathy Brooks made a motion the permit be approved. Jack Sh~nall
seconded the motion which carr~ed 6-0.
(B) N.R.H. Enterprises, Inc. requested a temporary building perm~t and
business license for an em~ss~on control ~nspection station at the Concord
Square Shopping Center on South cobb Drive. Estimated cost will be $15,000.
Jim Hawk~ns made a mot~on the permit be approved for 6 months. Jack Shinall
seconded the motion wh~ch carr~ed 6-0.
CONSENT AGENDA:
Nothing to report.
Joel Harrell said the san~tation department would pick up
Tuesday 'th~s week and the san~tat~on office on Smyrna H~ll Dr~ve
would be open December 26th from 8:00 to 4:00 for the public to use the large
dumpster there.
Jerry Mills
accomplished
had the money
sa~d he had enjoyed the last 2 years and thought this counc~l had
more than any ~n qu~te a wh~le. Also, he was thankful the c~ty
ava~lable to spend on many of the large projects.
December 21, 1987 - cont~nued
J~m Hawkins said he had enjoyed chairing the Police Comm~ttee this past year
and thanked the people in that department. We should be tak~ng b~ds soon on
the renovat~on of the building and Jim sa~d he was still looking forward to
see~ng that project completed.
Jack Sh~nall made a mot~on the rules be suspended to consider approval of an
item not on the agenda. Jerry M~lls seconded the mot~on which carried 6-0.
Jack Sh~nall made a mot~on January 1.2, 1988 be set as the date of the runoff
election in the Ward 7 race j,n the event it ~s needed. Joel Harrell seconded
the motion which carried 6-0.
Mayor Bacon announced that Kathy Brooks was recently married, and she is now
Mrs. Lee Jordan. Mayor Bacon also rem~nded everyone to vote December 29th;
this is a very important Ward 7 and senatorial race.
All coun-cil members wished everyone a Merry Chr~stmas and w~th no further
bus~ness, meet~ng adjourned at 8:00 p.m.
CERTIFIED ELECTION RETURNS OF SMYRNA. GEORGIA SPECIAL ELECTION
HELDTRIS TUESDAY. DECEMBER 29. 1987
2.210
891
REGISTERED
VOTING
We. the duly
the following
managers to conduct this election. declare
278
347
266
BOB
SHAWN
STEVE
We therefore.
election results
Mayor and Council of the City of Smyrna the
election required between BOB BETENBAUGH and
candidate received the required majority of votes
SHAWN COCHRAN
cast.
December 29. 1987