09-08-1987 Regular Meeting9eet2Tg2E_B:_1987
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on September 8, 1987 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 Attorney Charles E. Camp, City Clerk Melinda Dameron and
representatives of the press. I'
Invocation was given by Reverend Jim Luke of Tillman United Methodist Church,
followed by the pledge to the flag led by Boy Scout Troop #1•from Log Cabin
Church. - - -
Jack Shinall read a proclamation for "Poppy Day" and presented -it to Lillian
Tallman and Sue Mines from the Ladies Auxiliary of the American Legion Post
#160. "
C_IT_IZ_E_NS _INPUT: Mr. Lonnie Johns spoke against the sign variance approved
June 11, 1987 for the new K-Mart store at South,Cobb and Concord Road. Mr,.
Johns said the sign will be 200% larger than what is allowed under city code
and he could -find no -proof of hardship by the applicant.,Mr•. Johns said1he was
offended by the sign and would like to see some neutral committee formed to
review variances to determine the impact they will have upon the community. He
also questioned the allowances made for the increase in traffic from the
shopping center. '
Jim Hawkins said the applicants were required to provide an
acceleration/deceleration lane to the shopping center, which will not create
traffic but will feed on existing -traffic.--At the time of origina•I
application, the -developer was asking for 3 variances and at the time he
questioned- the- need for one of the variances, -on Concord Road. The other two
variances were for the sign on South Cobb•Drive, to increase the copy area
and height from 35 to 45 feet. Council di& grant -the variance for copy area
but did not allow him to vary from the height. Jim Hawkins read the letter of
hardship submitted by -Mike Savage of MOS-Developers for the variances. Jim
said --this is K-Mart's standard- sign and if they�had separated it from the
reader board below, a variance would not have -been -required -for the•copy.area.
Jim said he did consider their request to be a hardship and for that reason,
he -voted -to approve the variances.
Jack Shinall told Mr. Johnson that each case must be decided on its on merit
in- a -variance hearing -and -council is not obligated to -grant the same variance
to- others. They- have to -consider the good to -the community and -Jack said he
has 'not received one complaint -in regard to the -size of the sign-and'there was
no -opposition the night•of the -public hearing.,
Hugh Ragan said he voted against the variance but while he chose to make that
decision the majority of council felt differently. Hugh also said they all had
to make their own determination based upon information presented-eand that is
what was done'in his incidence. - r
Mayor 'Bacon recognized Jeff=Parker with Smyrna Cable TV and said this will be
his last week here., Jeff -has taken another job and will be moving to Fort
Walton Beach. I- • '
DEPARTMENT ---REPORTS: —Reports? were given from Public -Works, Clean City
Committee and_Parks_and Recreation Departments.
PUBLIC HEARINGS:
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(A) Annexation of 75 acres in Camp Highland/Argo Road area.
John- Patterson said at -the August�3rd meeting the legal description was read
for -the' annexation- of -this property and�it has been advertised.iThere was no
opposition and Hugh Ragan -made a -motion the annexation be approved to become a
part -of Ward'7'. Jerry Mills•seconded'the motion whichicarried 7-0. �.
a - 1,
(B) Annexation of 664 and 2582 Argo Drive.
John Patterson said the --legal description, for the annexation of Wilma and
Julia Redding-'s -property -on- Argo : -Drive, was read at the last meeting and
advertised. There was no opposition and Jerry -Mills madeta motion the property
be 'annexed to become a part of Ward 3. Jack Shinall seconded the motion which
carried 7-0. ' f I• I i
9eetember_91_1987_- continued
(C) Management change for liquor, beer and wine pouring license - Papa's
Restaurant, 2401 Lake Park Drive.
John Patterson said that Stephen A. McNeill has made application to act as the
new agent for Papa's Bar and Restaurant. Mr. McNeill is the general manager of
Papa's and the police background investigation was favorable. There was no
opposition.
Mr. McNeill said he has been with Papa's for 2 years and lived in Cobb County
for over 14 years. Also, he understood he would be responsible for the
license. With little discussion, Bob Davis made a motion the license be
approved. Jim Hawkins seconded the motion which carried 7-0.
(D) Variance request - front yard setback for addition to Kentucky Fried
Chicken, South Cobb Drive.
John Patterson said that Kentucky Fried Chicken is requesting a variance from
the existing 24.4 feet to 14.4 feet for the addition of a solarium to the
front of the store to increase the size of the eating area. Ernest Slaughter
of Hamill and McKinney represented Kentucky Fried Chicken and there was no
opposition.
Mr. Slaughter said they needed the variance on the front of the building
because any additions to the side would interfere with parking and drive-thru
traffic. Also, the south side of the building would not provide the support
they needed for this addition. Kathy Brooks asked if he was aware that the
existing building encroaches into the right of way. Mr. Slaughter said he
realized that a variance was granted several years ago for this location but
he felt they would still have plenty of room between the building and street
and felt the addition would be an improvement to the property.
After discussion, Kathy Brooks made a motion the variance be tabled to the
next meeting to determine how close other buildings in this area were to South
Cobb Drive. Jack Shinall seconded the motion which carried 7-0.
(E) Variance request - additional sign for Smyrna Presbyterian Church,
Atlanta Road a Collier Drive.
John Patterson said that Mr. Donald R. Kimsey, Headmaster of the Covenant
Christian School at 1596 Collier Drive has requested this variance to erect a
sign on the Atlanta Road side of the Smyrna Presbyterian Church property. The
school is a ministry and is located on the church property. At the present
time, the Presbyterian Church has two signs located on the Atlanta Road side
of their property. There was no opposition.
Mr. Kimsey said they were proposing a 5 x 6 free-standing sign which would be
very attractive. Because they have a Collier Drive address, the school is
difficult to find and they need to identify the school and let the community
know their location. Mr. Kimsey said one of the existing signs is actually a
memorial type sign which has a lot of the history of the church on it. The
school has 5 grades and they build one grade each year.
Joel Harrell made a motion the variance be approved to allow a sign at the
corner of Atlanta Road and Collier Drive with the stipulations that the
maximum height be 7 feet, with an 18 inch brick base. Bob Davis seconded the
motion which carried 7-0.
(F) Closing of Argyle Drive at the dead end.
John Patterson said when the zoning of 26 acres at Jane Lyle Road and Atlanta
Road was approved for Post Properties, there was some concern expressed among
residents of Argyle Estates that Argyle Drive may, at some future date, be
opened to provide access to that development. For that reason, it was decided
to officially abandon the right of way and deed it to the adjoining property
owners. There was no opposition.
Joel Harrell made a motion that Argyle Drive be closed at the dead end with
the right of way deeded to the adjoining property owners at 2127 and 2120
Argyle Drive, with the City to pay all associated cost, and with the
stipulaton that the grantees donate any easements necessary for the
installation and maintenance of any utility lines needed to service the Post
Properties development. Bob Davis seconded the motion which carried 7-0.
9eetember_8:_1987___continued
FORMAL_ BUSINESS: Nothing to report.
BID AWARDS:
(A) Asphalt for Rose Garden Park.
Kathy Brooks made a motion the previous bids for the paving of Rose Garden
parking lot be rejected and the new low bid of $5,969.60 be awarded to Able
Asphalt. Hugh Ragan seconded the motion which carried 7-0.
(B) Road repair kettle.
Joel Harrell made a motion the low bid of $4,283.00 for a road repair kettle
be awarded to Blalock -Stowers Construction Equipment at $4,283.00. Bob Davis
seconded the motion which carried 7-0.
(C) Steam cleaner. - i
Joel Harrell made a motion the low bid of $1,999.99 be awarded to Aquaclean
for a steam cleaner for the Sanitation Department. Bob Davis seconded the
motion which carried 7-0.
(D) Street resurfacing.
Joel Harrell made a motion the low bid of $34.89 per ton be awarded o Baldwin
Paving for 2300 tons of asphalt to resurface streets for Phase III of the
sewer rehabilitation program. Kathy Brooks seconded the motion which carried 7-
0.
CONSENT AGENDA:
(A) Approval of August minutes
(B) Stop signs - Mohawk and Creatwood Trail
(C) Speed humps - Creat Trail .
Joel Harrell made a motion the consent agenda be approved. Jerry Mills
seconded the motion which carried 7-0.
COUNCIL INPUT:
--------------
Everyone welcomed Boy Scout Troop #1 and thanked them for leading the pledge
to the flag.
Kathy Brooks, said they are considering placing a 4-way stop sign at Pat Mell
Road and-Gober Terrace and it would probably•be on the next agenda.
i
Jack Shinall. said the house which was such an eyesore at the corner of Powder
Springs and Guthrie Street had been removed and it has made quite an
improvement to the neighborhood.
Jim Hawkins said we are still working on the problem with communications.in
the Police Department and he has made that one of his•top priorities.
Bob Davis thanked everyone involved with the clean-up on Spring Road.
With notfurther business, meeting adjourned,at.8:49 p.m..
Seetember_8:_1987___continued
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A. MAX BACON, MAYOR MELINDA DAMERON, C TY CLERK
J L HARRELL, WARD 2
JAMES M. HAWKINS, WARD 4
KATHY BROOK D 6
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BOB DAVIS, WARD 1
9eptember-211_1987
The regular scheduled meeting of Mayor
at Smyrna City Hall. The meeting was
presiding officer Mayor A. Max Bacon.
for Jerry Mills. Also present was
Attorney Charles E. Camp, City Clerk
the press.
and Council was held September 21, 1987
called to order at 7:30 o'clock p.m. by
All council members were present except
City Administrator John Patterson, City
Melinda Dameron and representatives of
Invocation was given by Reverend Bud Abbott, pastor of Smyrna First Baptist
Church, followed by the pledge to the flag.
Mayor Bacon said that Jerry Mills is at Emory Hospital and wished him well.
Mayor Bacon said he spoke to a Senate subcommittee today concerning the
proposed conversion of Dobbins Air Force Base. There were 5 other elected
officials on his panel and 5 of the 6 were opposed to the joint use of this
facility. Mayor Bacon said he felt good about the hearing and thought they
would turn down the proposal.
CITIZENS_ INPUT_ Nothing to report.
DEPARTMENT REPORTS: Reports were given from Fire, Police, Finance and
Community Development departments.
PUBLIC HEARINGS: -
Variance request - Kentucky Fried Chicken, 2431 South Cobb Drive - front yard
setback.
John Patterson said that Mr. Ernest Slaughter came before council at the last
meeting to request a variance from the exising 24.4 feet to 14.4 feet for the
addition of a solarium to the front of their restaurant and the request was
tabled to tonight. There was no opposition to the variance.
Mr. Slaughter said since the last meeting they had investigated to see if
there were other buildings on South Cobb Drive within the setback and they
found three other businesses within 500 feet of their location that were; the
subway sandwich shop on the corner of Cherokee and South Cobb, Earl Smith
Carpet, and a laundromat. Kathy Brooks said she was familiar with these
businesses but they were grandfathered since the buildings were there before
the widening of South Cobb Drive. Kathy Brooks said her feelings had not
changed from the last meeting, that since the existing building has had one
variance she did not feel this request would be in the best interest of other