11-21-1988 Regular MeetingNovember 7. 1988 meetina - continued
Bob Betenbaugh made a motion the minutes of October 3, 1988 be approved with
a correction to reflect that Kathy Jordan was not present. Bob Davis seconded
the motion which 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 been tried and
negotiations for settlement are= on -going. The fire committee will meet
November 16th 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
11:00 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 that the Jebco law suit has been continued until
November 17, 1988.
With no further business, meeting adjourned at 8:33 p.m.
A. 7MAX�CON, MAYOR MELI A DAME N CITY
BOB qVIS� WARD 1 ADF�LNENI KA, W 2
BILL SCQ6GiNS, WARD—T7-,--:-' //JAME$ M. HAWKINS, WARD 4
, WARD 5 KATHY BRPTKS'JORDAN,
BOB BETENBAUGH, WARD 7
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. Also 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
November 21, 1988 meeting - continued
license for the new Amoco at 3402 South Cobb Drive was being tabled at the
request of the applicant. Jim Hawkins made a motion the application be tabled
to December 12, 1988. Wade Lnenicka seconded the motion which carried 7-0.
CITIZENS INPUT: Hubert Black, a resident of Highview Drive praised the
City's 911 system for their quick response 2 weeks ago when one of his
neighbors suffered a heart attack. Emergency vehicles arrived within minutes
and provided medical assistance until they reached the hospital. Mr. Black
said he appreciated living in a community where people really care, and
wanted everyone to know that these employees do a great job and should be
commended.
DEPARTMENT REPORTS: Reports were given from the Police Department and
Community Relations Department.
PUBLIC HEARINGS•
(A) Rezoning - The Park at Oakley - increase density from 4.77 to 5.23 units
per acre.
John Patterson said that John Wieland is requesting this rezoning for Phase
II of his development. This property was rezoned to RAD on November 16, 1987,
to allow a density of 4.77 units per acre and the increase in density tonight
for Phase II will give an overall density for the entire development of 4.82
units per acre. There was one person in opposition who was sworn in along
with Steve Leach, representing John Wieland Homes.
Mr. Leach said this was a very small increase in density for the overall
development and two units had been dropped to provide an amenity package
including pool and cabana. When they purchased this 13.2 acre tract the
zoning allowed 9.5 units per acre. When complete, the project will have a
total of 64 units. Mr. Leach said they are providing a 100 foot buffer
adjacent to the residential property on Highland Drive. Their property line
is the creek and the buffer pretty much follows the flood plain line. Jim
Hawkins asked if they had done any clearing in the buffer area and Mr. Leach
said there had been no activity in the buffer area; in fact, it is so steep
it would be almost impossible to get any equipment into the area. Prices of
the homes will be in the mid-$100,000's. Bob Davis asked Mr. Leach if he was
aware that they were not to work on Sunday. Mr. Leach said he did not realize
the city ordinance prohibited Sunday work but he would put a stop to it.
Their company policy is that work will not begin before 10:00 a.m.
Penny Cannalizio of Highland Drive objected to the variance and stated she
had already lost several thousand dollars in landscaping from water runoff
problems created by this development. Also, the buffer behind her home has
been stripped out and she felt the development was causing an invasion of her
privacy.
Jim Hawkins said he would like for our city engineer to check on the problems
with water runoff at Mrs. Cannalizio's home and also check on the water
retention pond to ensure that it was adequate and not clogged in any way.
After further discussion, Bob Davis asked John Patterson to have the buffer
in Phase I checked and made a motion the zoning be approved as requested
provided the applicant adheres strictly to the plans and plats originally
submitted to the City. Jim Hawkins seconded the motion which carried 6-1,
with Wade Lnenicka opposed.
(B) Privilege license - package beer and wine for Texaco, 2370 Spring Road.
John Patterson said that Hubert E. Brooks is applying for the package beer
and wine license for the new Texaco on Spring Road as the appointed agent for
Wallace Enterprises. This application was tabled at the November 7th meeting
because of an error in the survey. The corrected survey has now been
received. There was no opposition.
Mr. Brooks said the survey presented at the last meeting indicated two homes
within the 200 foot radius and after it was corrected to show the correct
alignment of Campbell Road the survey indicates that only one of those homes
actually falls within the radius. Mr. Brooks said he is the Vice President of
Wallace Enterprises and as license holder, would be at this location
frequently. Also, he holds all other licenses in the county with the
exception of one. Mr. Brooks said he understood state and local laws
concerning sales of alcoholic beverages and had never had any violations.
November 21, 1988 meeting - continued
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 license - package beer and wine for South Cobb Amoco, 3402
South Cobb Drive
Mayor Bacon said this application has been tabled to the December 12th
meeting.
(D) Privilege license - Management change for liquor, beer and wine pouring
- American Legion Post 160
John Patterson said that William B. Turner has applied as the new agent for
the American Legion Post 160. The police investigation was favorable and
there was no opposition.
Jim Hawkins said this is the oldest liquor license in the City and
grandfathered from any distance requirements. With little discussion, Jim
Hawkins made a motion the license be approved. Jack Shinall seconded the
motion which carried 7-0.
(E) Privilege license - package beer and wine - Spring Road Exxon, 1420
Spring Road.
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 wife fingerprinted. Since 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 problems.
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 back property
line. Jim Hawkins seconded the motion which carried 5-2 with Jim Hawkins and
Bob Davis opposed.
FORMAL BUSINESS:
(A) Validation of signatures to annex Doc's Food and Spirits, 2621 Hargrove
Road.
John Patterson said that James J. and Barbara Brenner have requested that
their business be annexed into the City. Attorney Camp read the application
as follows:
We the undersigned, who constitute sixty percent of the electors resident 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
November 21, 1988 meeting - continued
have said area annexed into the City of Smyrna under the provisions of laws
of the State of Georgia, said property being annexed being described as
follows:
TRACT I: All that tract or parcel of land lying and being in Land Lots 848
and 879 of the 17th District, 2nd Section, Cobb County, Georgia, and being
more particularly described as follows:
TO ARRIVE AT THE POINT OF BEGINNING for property to be conveyed by this deed,
begin at a point located on the original easterly right of way line of
Hargrove Road 625.67 feet southerly as measured along the easterly old right
of way line of Hargrove Road from its intersection with the southwesterly
right of way line of U.S. Highway 41; running thence south 87 degrees 19
minutes 57 seconds east, a distance of 15 feet to an iron pin located on the
new easterly right of way line of Hargrove Road (an 80 foot right of way
width); run thence southerly along the easterly new right of way line of
Hargrove Road, a distance of 103.15 feet to an iron pin located at the
northwesterly corner of property conveyed by United American Holding
Corporation to JJJ Enterprises, a Georgia General Partnership, composed of
James J. Brenner and Jong In Kim by Warranty Deed recorded at Deed Book 2427,
page 73, Cobb County Records and the true point of BEGINNING for property to
be conveyed by this deed; running thence southerly along the easterly new
right of way line of Hargrove Road, a distance of 96.88 feet to an iron pin;
running thence south 87 degrees 19 minutes 57 seconds east, a distance of
253.06 feet to an iron pin and the southwesterly line of Tract II described
hereinbelow; running thence north 37 degrees 10 minutes 50 seconds west along
the southwesterly line of said Tract II, a distance of 125.80 feet to an iron
pin on the southerly line of said Tract II; running thence north 87 degrees
19 minutes 57 seconds west along the southerly line of said Tract II, a
distance of 165.19 feet to an iron pin located on the easterly new right of
way line of Hargrove Road and the POINT OF BEGINNING, being improved property
and having a one-story brick building located thereon known as 2621 Hargrove
Road, according to the present system of numbering in Cobb County, Georgia,
as per survey prepared for Fulton Federal Savings and Loan Association and
JJJ Enterprises, a partnership by Eston Pendley, Land Surveyor, dated July
28, 1983.
TRACT II: All that tract or parcel of land lying and being in Land Lots 848
and 879 of the 17th District, 2nd Section, Cobb County, Georgia, and being
more particularly described as follows:
TO ARRIVE AT THE POINT OF BEGINNING for property to be conveyed by this deed
begin at a point located on the original easterly right of way line of
Hargrove Road 625.67 feet southerly as measured along the easterly old right
of way line of Hargrove Road from its intersection with the southwesterly
right of way line of U.S. Highway 41; running thence south 87 degrees 19
minutes 57 seconds east, a distance of 15 feet to an iron pin located on the
new easterly right of way line of Hargrove Road (an 80 foot right of way
width) and the true point of BEGINNING for property to be conveyed by this
deed; running thence southerly along the easterly new right of way line of
Hargrove Road, a distance of 103.15 feet to an iron pin and the northwesterly
corner of property conveyed by United American Holding Corporation to JJJ
Enterprises, a General Partnership composed of James J. Brenner and Jong In
Kim by Warranty Deed recorded in Deed Book 2427, page 63, Cobb County
Records; running thence south 87 degrees 19 minutes 57 seconds east along the
northerly line of said property conveyed at Deed Book 2427, page 63, Cobb
County Records, a distance of 165.19 feet to a point; running thence south 37
degrees 10 minutes 50 seconds east along the northeasterly line of said
property conveyed at Deed Book 2427, page 63, Cobb County Records, a distance
of 125.80 feet to an'iron pin; running thence south 87 degrees 19 minutes 57
seconds east, a distance of 39.31 feet to a nail; running thence north 37
degrees 10 minutes 50 seconds west, a distance of 110 feet to an iron pin;
running thence north 37 degrees 12 minutes 00 seconds west, a distance of
150.04 feet to an iron pin; running thence north 87 degrees 19 minutes 57
seconds west a distance of 113.80 feet to an iron pin located on the easterly
new right of way line of Hargrove Road and point of BEGINNING as per survey
prepared for JJJ Enterprises by Melvin H. Pair, Land Surveyor, dated June 16,
1978, and revised April 25, 1983.
TOGETHER with a perpetual non-exclusive easement for the purpose of ingress
and egress over that property designated at "10" easement", "Company
Easement" and "I & E Easement" and also, that 12' strip lying contiguous to,
northerly of and running parallel to,'the aforesaid "10" Easement" (said 12'
November 21, 1988 meeting - continued
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 "A" 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 Company 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 by 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, 1975, recorded in Deed Book 1627, page 539, Cobb County, Georgia
Records.
TOGETHER with all Grantor's right, title and interest in those easements and
licenses contained in the following instruments, which are by this reference
made a part hereof:
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 William G. Chakeres, Thomas H.
Gooding, Georgia L. Jenkins and James R. Beatley, Jr., and Harold Ellman and
Marjorie E. Weinstein, dated September 2, 1975, recorded in Deed Book 1627,
page 541, aforesaid records.
3. Warranty Deed from Harold Ellman and Marjorie Weinstein to Walton
Manufacturing Company, a Georgia corporation, dated September 15, 1976,
recorded in Deed Book 1721, page 329, aforesaid records.
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 Davis made a motion the signatures be validated and the public hearing
set for December 19, 1988. Jack Shinall seconded the motion which carried
7-0.
(B) Set date to 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/even 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
system 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.
November 21, 1988 meeting - continued
(D) Ordinance amendment - Section 5-2, Bail Bondsmen
John Patterson said our ordinance now requires that a person be a resident of
the City for one year in order to hold such a license. It has been suggested
that in order to have more people apply that we extend the residency
requirement to all Cobb County residents. Currently, there is only one
bondsman operating in the City.
Bob Betenbaugh said the committee had met regarding this amendment and the
ordinance is very restrictive in that you must be a resident of the City for
one year to be eligible to hold a license. Their recommendation is to expand
the ordinance to allow all Cobb County residents to apply, with all other
terms and conditions remaining unchanged.
Bob Betenbaugh made a motion the Code be amended by deleting Section 5-2,
sub -paragraph (2) in its entirety and replacing with the following:
Section 5-2 - Bail Bondsmen
(2) Applicant is a citizen of the United States and has been a bona fide
resident of Cobb County for one (1) year prior to the date of application;
Wade Lnenicka seconded the motion which carried 7-0.
BID AWARD-
Jack Shinall made a motion the low bid of $13,747 be awarded to Wade Ford for
the purchase of a new vehicle for the Fire Department. Jim Hawkins seconded
the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Norris Holbrook requested a building permit for construction of an
emission inspection station at 2200 South Cobb Drive (Cobb Center Mall) and
also at 3315 South Cobb Drive (Concord Square Shopping Center). These permits
will be effective for 6 months.
(B) George Frankel with G.F.F. Ltd. also requested a building permit for
construction of an emission inspection station at Belmont Hills Shopping
Center for a 6 month period.
Jim Hawkins made a motion these permits be approved subject to an on -site
inspection by the City Engineer to check the appearance and aesthetics of
these structures. Jack Shinall seconded the motion which carried 7-0.
CONSENT AGENDA•
(A) Conveyance of former easement, Robert B. McDonald
(B) Temporary business license, Christmas Tree Outlet, King Springs Plaza
Shopping Center
Kathy Jordan made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT•
Bob Betenbaugh reported on parks activities.
Jim Hawkins reported on the financial condition of the City and said he would
like to have on the next agenda, a proposal to increase our homestead
exemption for disabled persons and senior citizens. At the present time we
allow a $4,000 exemption for retired persons and $6,000 for disabled. Since
home property valuations go up each year, Mr. Hawkins said he would like for
council to consider increasing the exemption to those people to $10,000
because they are on fixed incomes.
Wade Lnenicka said he was mis-quoted in the Saturday Marietta Daily Journal
in an article that said he was in favor of consolidating the cities and
county. That was incorrect and Mr. Lnenicka said he was actually speaking
about the annexation issues with the City of Marietta.
With no further business, meeting adjourned at 9:00 p.m.
November 21, 1988 meeting - continued