10-19-1987 Regular MeetingOctober 19, 1987
The regular scheduled meeting of Mayor and Council was held October 19, 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 Attorney Charles E. Camp, City Administrator John Patterson,
City Clerk Melinda Dameron and representatives of the press.
Invocation was given by Noel Burt, pastor of Faith United Methodist Church,
followed by the pledge to the flag.
CITIZEN INPUT•
Nothing to report.
DEPARTMENT REPORTS:
Reports were given from Fire, Police and Community
Development departments.
PUBLIC HEARINGS•
(A) Variance request - side yard setback reduction at 110 Concord Road.
John Patterson said that Dale Williams of 110 Concord Road is requesting a
reduction of the side yard setback from 10 feet to 8.5 feet for the addition
of a pantry and screened porch. The adjacent property owner has submitted a
letter stating he is not opposed to the variance. There was no opposition.
Mr. Williams said they were removing the existing deck and stoop which had
rotted and would replace it with a pantry and screened porch. The new addition
will be no closer to the property line than the deck, which was 14 years old.
Hugh Ragan made a motion the variance be approved from 10 feet to 8.5 feet.
Jack Shinall seconded the motion which carried 7-0.
(B) Variance request - increase square footage for two signs at Belmont Hills
Shopping Center.
John Patterson said that Alen Halpern of Halpern Enterprise, Inc., owners of
Belmont Hills has requested the variance to allow him to erect more than one
sign on the property which fronts on Atlanta Road and Cherokee Road. In
addition, he is requesting to use a total copy area which could require an
additional 20 square feet over the maximum 120 square feet authorized by City
Code. There was no opposition.
Mr. Halpern said the actual size of the copy area of the signs would be 160
square feet, and at the time they submitted the variance request the plans
were preliminary and they were not sure of the exact size. This request is
brought about due to the widening and improvements being made to Cherokee Road
and Atlanta Road. The two existing signs are in excess of 200 square feet and
the new signs will be smaller and much more attractive. Mr. Halpern said they
will be losing a lot of their visibility,as a result of the road improvements
and they need the increased size of the signs to identify the shopping center
and its tenants. After further discussion Jack Shinall made a motion the
variances be approved, to allow two signs on the property with 160 square feet
of copy area each. Kathy Brooks seconded the motion. Joel Harrell said he
thought this was a section of the ordinance that may possibly need to be
updated because of the recent number of variances being requested. Vote on the
motion carried 7-0.
(C) Annexation of .452 acres at Oak Drive and South Cobb Drive.
John Patterson said that Samuel B. Kellett, Stiles A. Kellett, Jr. and Barbara
Kellett Hastings have requested annexation of property at Oak Drive and South
Cobb Drive, the legal description having been read and made a part of the
minutes of the September 21, 1987 meeting. Mark Parker represented the
applicants and there was no opposition.
Mr. Parker said McDonald's has contracted to buy this parcel and an additional
40,000 square foot lot which, adjoins it for a new restaurant. There is a
billboard on the property but it will be removed within 180 days and the owner
of the property has submitted a letter tonight to that effect. Hugh Ragan made
a motion the property be annexed into the City to become a part of Ward 7.
Jerry Mills seconded the motion which carried 7-0.
(D) Annexation of .48 acres at southwest corner of Lake Drive and South Cobb
Drive.
October 19, 1987 - continued
John Patterson said that F. B. Black has requested annexation of the Amoco
Station at the corner of Lake Drive and South Cobb Drive, the legal
description being read and made a part of the minutes of the September 21,
1987 meeting.
Jim Hawkins said that Manns Wrecker Service just across the street from this
property is an eyesore and has been a constant source of complaints. Jim made
a motion the property be annexed to become a part of Ward 4 with the
stipulation that the owners sign a written agreement that they will not store
any inoperable vehicles for more than a 2 week period and will not be selling
any parts from vehicles. Jack Shinall seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Amendment to 1988 budget.
John Patterson said the 1988 budget needs to be amended to add encumbrances
from the last fiscal period in order to properly reflect the expenditures
expected in this fiscal period. Arthur Young & Company had recommended the
budget amendment totaling $1,077,266 during the audit presentation.
Hugh Ragan said this was pointed out to council as an adjustment that should
be made since this money was obligated last fiscal year and we are simply
carrying it over to the current budget year. Hugh Ragan made a motion the
budget be amended to add $1,077,266 for encumbrances carried over for several
different departments in the City. Kathy Brooks seconded the motion which
carried 7-0.
(B) Validation of signatures to annex property on Oakdale Road.
Hugh Ragan made a motion this item be tabled to the next meeting since one of
the applicants is out of town. Jim Hawkins seconded the motion which carried 7-
0.
(C) Ordinance amendment - Street lighting requirements.
Attorney Camp read the proposed ordinance as follows:
901.5 Street Lighting Requirements
A. Street lights are required on all streets to be dedicated to the City of
Smyrna. This requirement applies to non-residential and residential
development.
B. The developer must provide appropriate electrical utility company with a
site plan so as to obtain a street light layout. Five copies of this plan,
which includes recommended street light layout, must then be submitted to the
City of Smyrna for approval. This layout must be approved by the City prior to
installation of any utilities. Approved light locations shall not be changed
without prior permission from the City of Smyrna.
C. All lighting layouts must be drawn to scale and conform to good
illuminating practices. In addition, the type pole and fixture to be used must
be stated on the layout and a North arrow shall be shown.
D. All lighting layouts must show any existing governmental street lights in
close proximity to the new development. For example, if the development is an
additional unit to an existing subdivision the layout must show the last light
(or lights) in the existing development.
E. No street lights are to be placed in service unless approved by the City,
or the City has granted permission for the developer to be responsible for the
lighting costs until the City is able to assume billing responsibility.
F. The developer shall be responsible for paying all pole contributions and
installation costs. The utility company must then submit a copy of the paid
invoice to the City, signifying that this condition has been met prior to
building permits being issued.
G. Upon installation of approved street lighting, the City of Smyrna will be
furnished original prints showing where lights were installed, how many lights
were installed, and the effective date for billing.
H. Modifications or adjustments are to be made only where requested by the
City of Smyrna.
October 19, 1987 - continued
I. All street lights shall be mounted a minimum of (25 feet) above the
ground, and shall have appropriate arm length to provide proper lighting of
the roadway except where, continuation of Post Top units exist within a
residential development.
J. Those developing shopping centers, industrial parks, office parks or like
developments, shall install street lights along public right-of-ways adjoining
that property in accordance with the above guidelines.
K. All lighting requirements must meet City of Smyrna standards.
L. Lighting requirements must be met at the time of, and as a requirement of,
the submission of the final plat.
M. The City of Smyrna shall not accept any public streets or roads proposed
to be dedicated until the developer provides for street lights.
Section 901.6 Street Light Standards
All street lighting poles shall be of standard construction as approved by the
City, and shall have a minimum mounting height of 25 feet, except in existing
subdivisions, where existing lighting may be matched.
Street lighting in overhead utility construction shall be installed on
approved distribution poles or additional overhead served approved poles as
necessary to provide uniform lighting.
In the event an existing subdivision is being extended, poles, arms, and lamps
shall match so as to have a uniform lighting pattern throughout the
subdivision.
Jack Shinall made a motion the Code of Ordinance be revised to add Sections
901.5 and 901.6 as read. Bob Davis seconded the motion which carried 7-0.
(D) Validation of signatures to annex 2941 and 2951 Jonquil Drive.
John Patterson said that Fred Shope, owner of Auto Cool on Spring Road is
requesting the annexation of these two lots to expand his business. Attorney
Camp read the application as follows:
We the undersigned, who constitute sixty percent (60%) 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 have said area annexed into the City of Smyrna under the
provisions of laws of the State of Georgia. Said property to be annexed being
described as follows:
Parcel #1: All that tract or parcel of land lying and being in Land Lot 631,
17th District; 2nd Section, Cobb County, Georgia, being Lot 9, Block 1,
Jonquil Heights Subdivision, as per plat recorded in Plat Book 6, page 159,
Records of Cobb County, Georgia, which plat is incorporated herein by
reference for more particular description and delineation of the lot
dimensions thereof.
Parcel #2: All that tract or parcel of land lying and being in Land Lot 631
of the 17th District, 2nd Section, Cobb County, Georgia, being Lot 10, Block 1
of the Jonquil Heights Subdivision and more particularly described as
follows: Beginning at a point on the east side of Jonquil Drive seven hundred
fifty six (756) feet south of the southeast corner of the intersection of
Jonquil Drive and Spring Street; running thence south along the east side of
Jonquil Drive seventy five (75) feet; thence east two hundred (200) feet;
thence north seventy five (75) feet; thence west two hundred (200) feet to the
east side.'of Jonquil Drive and the point of beginning.
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/ADEL A. FILSOOF & FRED M. SHOPE, JR.
Bob Davis made a motion the signatures be validated and the public hearing set
for November 16, 1987. Jim Hawkins seconded the motion which carried 7-0.
October 19, 1987 - continued
urn nwnunc-
(A) Asphalt roller.
John Patterson said that three bids were received for a 4-6 ton asphalt roller
for the Street Department as follows:
Peach State Machinery $23,000
Tri State Tractor $27,043
Stith Equipment $30,685
Joel Harrell made a motion the low bid of $23,000 be awarded to Peach State
Equipment. Bob Davis seconded the motion which carried 7-0.
(B) Garbage truck.
John Patterson said bids were recently received for a 25-cubic yard rear
loader garbage truck as follows:
Consolidated Disposal System $69,037.70
Refuse Systems Co. $68,839.50
Municipal Equipment $71,784.50
Commercial Equipment $75,173.25
Sanco Corporation $69,182.00
Joel Harrell made a motion the bid of $69,037.70 be awarded to Consolidated
Disposal System, a local company whose bid meets all specifications. Jerry
Mills seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Surplus (2) Kaiser Jeeps and (1) G.M.C. Suburban from Emergency
Management.
(B) Repairs to Jonquil Pool.
Jerry Mills made a motion the consent agenda be approved. Jim Hawkins seconded
the motion which carried 7-0.
APPEAL OF RECORDER'S COURT DECISION - RAY LEWIS: John Patterson said the
appeal by Ray Lewis had been withdrawn by his attorney earlier tonight.
COUNCIL INPUT: The entire council wished Senator Jim Tolleson well and asked
everyone to remember him and his family in their prayers. Jim is in the
Intensive Care Unit at West Paces Ferry Hospital after having an adverse
reaction to a dye test.
Jack Shinall said the county is working on a county -wide land use plan and
they have scheduled an open house November 5 at Griffin Middle School and
November 12 at Nash Middle School for residents in the area for their input.
The City will still control land use inside our city limits but they county
has asked us to work with them on the new map.
Jim Hawkins said there are 9 positions open in the Police Department and we
will be testing for them soon. Hopefully we will have these positions filled
by Christmas.
With no ZfuZ� business, meeting adjourned at 8:37 p.m.
A. MAX BACON, MAYOR
DAVIS, WARD 1
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HUGH RAG , WARD 7