07-18-1988 Regular MeetingJuly 7, 1988
A special called meeting of Mayor and Council was held July 7, 1988 at Smyrna City
Hall. The meeting was called to order at 6:30 p.m. by presiding officer 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 that 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 - square footage of sign for Fouts Brothers Nissan, 2158
Atlanta Street.
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 DAVIS, WARD 1
.•D
MELINDA DA6RON, ITY CLERK
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 were present. Also
present was City Attorney Charles E. Camp, City Administrator John Patterson and
representatives of the press. Carol Cowan sat in for City Clerk Melinda 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.
CITIZENS INPUT: Nothing to report.
CERTIFICATION OF SPECIAL ELECTION: Election Superintendent Linda Smith reported
the results of the July 12th special election for the Ward 3 council seat,
declaring Bill Scoggins the winner. Mr. Scoggins was sworn in by State Court Judge
Ken Nix.
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.
July 18, 1988 meeting - continued
DEPARTMENT REPORTS: Reports were given by Fire, Library, Finance, Community
Development and Police Departments.
PUBLIC HEARINGS:
(A) Management change - Beer and wine pouring license - Pizza Hut, 3815 South
Cobb Drive.
John Patterson said that Ms. Kris Lynn Hayslett has applied for a license as the
appointed agent for Pizza Hut. The background investigation was favorable and
there was no opposition
Attorney Bill Mitchell represented Pizza Hut but Ms. Hayslett was not present due
to a conflict in schedule. Wade Lnenicka made a motion the license be tabled to
the August 1st meeting when Ms. Hayslett could be present. Bob Davis seconded the
motion which carried 7-0.
(B) Variance request - front yard setback from 50 feet to 34 feet - Burger
Broiler, 747 Concord Road.
John Patterson said that Burger Broiler is requesting this 16 foot reduction in
the setback requirements to enclosed the existing patio area by adding a 14 x 20
glass solarium onto the front of the building. There was no opposition.
Wayne Lothrop, manager said they were requesting the variance for the enclosure to
provide comfortable, climatized seating for their customers in the winter and
summer months. The lot and building are small and the addition cannot go on the
side because the building was originally designed only for drive -through service
and their driveway circles the building.
Jim Hawkins said our city engineer had measured the actual distance from the patio
area to the right of way and had recommended a 39 foot setback instead of the 34
feet requested, which would still appear to be in line with other developments
along that area of Concord Road. Mr. Lothrop said he would agree to reduce their
original request from 34 feet to 39 feet.
Wade Lnenicka asked Mr. Lothrop why the addition could not be made to the side.
Mr. Lothrop said the building was designed only for drive -through service and an
addition to the side would require major renovation and re -design. Parking would
also have to be moved.
Jack Shinall said he had no problems with the variance but would like for it to be
approved only for Burger Broiler and not go with the property for future
businesses.
Jim Hawkins made a motion the variance be approved, to reduce the front yard
setback from 50 feet to 39 feet with the understanding that the variance was for
this structure only. Jack Shinall seconded the motion which carried 7-0.
(C) Variance request - side yard setback from 10 feet to 7 feet - 4091 Ridgehurst
Drive.
John Patterson said that James Lane of Lane Homebuilders is requesting the
reduction in the side yard setback for construction of a new home at 4091
Ridgehurst Drive, in Vinings Glen Subdivision. The letter of hardship states that
the lot width decreases from front to rear and the rear wall of the house cannot
be placed within the side setbacks. There was no opposition.
Mr. Lane said they had already revised the original plans and reduced the size of
the house but it would not fit on the lot. They are trying to save as many trees
as possible in the front yard and for that reason do not want to shift the house
forward. The major portion of the house is within the setback except for the
corner on the left side which will be about 3 feet over the line. Mr. Lane said
there will still be about 125 feet between this corner of the house and the
adjacent home. Selling price of this home will be $270,000 to $285,000.
Following discussion Wade Lnenicka made a motion the variance be approved as
requested. Bob Betenbaugh seconded the motion which carried 7-0.
(D) Variance request to allow 2 signs per property frontage - Tenneco, Hargrove @
U.S. 41
John Patterson said that Deane Stokes, representative for the owner of Hargrove
Julv 18. 1988 - continued
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.
FORMAL BUSINESS:
(A) Approval of Lake Park Drive street lighting.
John Patterson said that 2 years ago, Georgia Power provided an estimate of
$75,084 to light Lake Park Drive. At that time it was considered to be too large a
one-ti=me expense to bear and since then they have implemented an installment pay
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 seconded 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 Patterson said approximately 2 years ago plans were drawn for installation of
a comprehensive sewer system in the North Cooper Lake/Concord Road area. It was
determined after bids were received that only the major outfall line with one or
two collectors would be constructed to meet current needs and provide the backbone
of the sewer system in this area. Total cost for 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 about 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 have been approved
the first meeting in January which is after the bills have been mailed. This needs
to be moved forward to a time prior to the mailing of the applications. There are
no fee increases in this scheduled even though our fees are extremely low compared
with surrounding entities and have not been adjusted for a number of years.
Jim Hawkins made a motion the current fee schedule as provided for city code for
business licenses to be issued January 1, 1989 be approved. Kathy Jordan seconded
the motion which carried 7-0.
(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.
July 18, 1988 meeting - continued
Bids for breathing apparatus were opened, read and recorded as follows:
1) Eagle Air Systems $22,563
2) American Safety & Fire House $17,470
3) Charles McLarty $16,700
4) Harry Harless Company $16,590
5) Maco Compressors $23,511
6) Eagle Air Systems $18,668
7) Harolds Sales & Equipment $22,480
There were two separate bids from Eagle Air Systems and it could not be determined
if one was an alternate bid. Jack Shinall made a motion the bids be turned over to
the Fire Committee, with their recommendation back to full council at the next
meeting. Bob Davis seconded the motion which carried 7-0.
RTn AWAPDR
(A) Copier for Parks Department.
Bob Betenbaugh made a motion the bid for the copier be awarded to Minolta, the low
bidder at $5,596. Jack Shinall seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Chick-Fil-A requested a building permit for new construction at South Cobb
Drive and Church Road at a total estimated cost of $550,000. Jim Hawkins made a
motion the permit be approved. Bob Betenbaugh seconded the motion which carried
7-0.
CONSENT AGENDA:
(A) Approval to request bids for asphalting of Church Street pool parking lot.
(B) Approval to request bids for asphalting of road at Jonquil Park
(C) Authorization for City Attorney to proceed with condemnation of
sewer easement - Angelo Masi property
Bob Betenbaugh made a motion that items A and B of the consent agenda be approved.
Wade Lnenicka seconded the motion which carried 7-0.
Wade Lnenicka stated we had been unable to obtain the required easement through
the Angelo Masi property for installation of a sewer line needed in Phase IV of
the rehabilitation project and it is necessary to proceed with condemnation. Wade
Lnenicka made a motion the City Attorney be authorized to proceed with
condemnation of the easement. Bob Betenbaugh seconded the motion which carried
7-0.
COUNCIL INPUT:
Mayor Bacon and all members of council welcomed Bill Scoggins to council.
Wade Lnenicka said he still receives calls about the turn lane on Spring Road and
we are proceeding with plans for construction which is being funded by the owner
of the shopping center. The lane should be completed within the next few weeks.
Jim Hawkins said it looks as if the City will end the fiscal year with collections
of revenues 6% over budget and the departments coming in at 8% under budgeted
expenditures. It appears we are in sound financial shape and credit is due to the
department heads for monitoring their expenditures.
Jack Shinall said last night the City of Marietta hosted a barbecue on the square
for delegates to the Democratic National Convention and it was a spectacular
event.
Bob Betenbaugh reported on Parks activities.
With no further business, meeting adjourned at 8:57 p.m.
July 18, 1988 meeting - continued
Ad"
A. MAX. -BACON, MAY MEL ND D ON C CLERK
1.4
M . HAWKIVS , WARD 4 A
KATHY BWOKS- JORDAN, WMD 6
,OATH OF OFFICE
I, Theodore Farland, Jr. , do solemnly swear that I will well and
truly demean myself as Civil Service Board Member of the City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter and Ordinances of
said City to the best of my ability, without fear or favor, and in all my actions
as CIVIL SERVICE 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
Subscribed and sworn to before
me this 1st day of August, 1988.
A. Max Bacon, Mayor
4
OATH OF OFFICE
I, Bill Scoggins , do solemnly swear that I will well and
truly demean myself as Councilman of the City of Smyrna for the ensuing term,
and that I will faithfully enforce the Charter and Ordinances of said city to
the best of my ability, without fear or favor, and in all my actions as
COUNCILMAN act as I believe for the best interest of the said City. So help
me God.
'Z1'4x ��
Bill Scoggins 7,7 (Seal)
Councilman, Ward 3
Subscribed and sworn to before
me this 8th day of July, 1988.
[) W'-'o
udge, Cobb County Sta a Court
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION
HELD THIS TUESDAY, JULY 12, 1988
.;�'9;C)
1,609 REGISTERED
280 VOTING
We, the duly appointed election managers to conduct this election, declare
the following results:
COUNCILMAN WARD #3
THOMAS E. MC NEAL 82
W. H. (BILL) SCOGGINS 143
JAMES WILLIAMS 55
We therefore certify to the Mayor and Council of the City of Smyrna the
election results.
POLL MANAGER, WARD 3
SUPERINTENDENTeOP ELECTION
41164, 4--j July 12, 1988
MELINDA DAM RON, CITY CLERK