07-17-1995 Regular MeetingJuly 17, 1995
The regular scheduled meeting of Mayor and Council was held July 17, 1995 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 Bob Thomson,
City Clerk Melinda Dameron, City Attorney Charles E. Camp, Chief Building Inspector Scott
Stokes, Parks and Recreation Director Steve Ciaccio, Interim Library Director Doris Morris,
Community Relations Director Kathy Barton, Assistant Public Works Director Ray Curtis, Clean
& Beautiful Coordinator Ann Kirk, Personnel Officer Chris Corey, Finance Director Claudia
Edgar, Fire Chief Larry Williams, City Engineer Ken Hildebrandt and representatives of the
press.
Invocation was given by John Hearst, pastor of Mt. Zion Baptist Church followed by the pledge
to the flag.
CITIZENS INPUT: Nothing to report.
PUBLIC HEARINGS:
(A) Alcoholic beverage license agent change - Pizza Hut of America, Inc. - 3815 South Cobb
Drive
Bob Thomson stated that Connie Williams had applied as the agent for this establishment and
has been the Assistant Manager for the past 5 years for Pizza Hut. It appears that Ms. Williams
meets the ordinance requirements and the Police investigation revealed nothing to preclude the
issuance of this license. There was no opposition.
Councilman Hawkins asked Ms. Williams how long she had been employed by Pizza Hut.
Ms. Williams said she had 8 112 years with the company and was the assistant manager.
Councilman Hawkins reminded Ms. Williams that as the agent she would be the person
responsible for any infractions of the laws and asked about their training program. Ms. Williams
said they trained their employees how to check identification and also required that they obtain
pouring permits from the City.
Councilman Hawkins said this is an on -going operation and made a motion the license be
approved as requested. Councilman Wade Lnenicka seconded the motion which carried 7-0.
(B) Variance request - 4600 Saddle Court - reduce side yard setback from 23.34 feet to 17
feet
Bob Thomson said the applicants, John and Sabra Pidgeon are requesting this variance to correct
an encroachment that has existed for several years.
Councilman Pete Wood said that apparently when this house was constructed there was an
encroachment on the side yard setback that was not discovered until 1991 when the owners
refinanced. Mr. and Mrs. Pidgeon are now in the process of selling the home and need to
correct the encroachment through the approval of a variance. Councilman Wood said that letters
have been obtained from the adjoining property owners giving their consent to the variance.
There was no other opposition and Councilman Wood made a motion the variance be approved
as requested. Councilman Lnenicka seconded the motion which carried 7-0.
(C) Variance request - 2530 Hargrove Road - satellite dish on roof
Bob Thomson said the applicant, Computer City at Heritage Pavilion, has requested a variance
to mount a satellite dish on the roof of their new store which will be effectively screened on all
four sides by the buildings parapets. There was no opposition.
Councilman Patrick said he had visited the cite and saw no reason for opposing the installation
of the satellite dish. Councilman Patrick made a motion the variance be approved seconded by
Councilman Bill Scoggins.
July 17 1995 meeting; - continued
Cara Hall represented Computer City and stated this is a new retail store at Heritage Pavilion
specializing in computer hardware and software. The requested satellite dish will be used for to
track inventory by recording what is purchased so that their inventory can be kept current.
Placement of the dish in the rear yard would be difficult because of the extreme distance
between the building and its rear yard. The dish itself will have a maximum receiving area of
32 square feet and a maximum height of 7' 2" and will be screened on all four sides by the
buildings parapets.
Councilman Hawkins said he thought we should be consistent in granting variances and
approximately one year ago a variance was denied to install a satellite dish on the rooftop of a
home in a residential area. There has been some discussion about amending the ordinance to
allow the dishes on roof tops only in commercially zoned areas which he would support, but still
felt that they were inappropriate in residential areas. Ms. Hall said the use of satellite dishes for
retail stores is a common practice today.
Councilman Newcomb said at the work session they did discuss the use of satellite dishes in
commercially zoned areas which he also would support.
Vote on the motion to approve the roof mounted satellite dish carried 7-0.
(D) Variance request - 5005 Rose Court - reduce front yard setback from 20 feet to 14 feet
Bob Thomson stated that Jack Thompson is requesting this variance on Lot 9 of Chateau Walk
subdivision because of the size and topography of the lot requires that the house be moved 7 feet
closer to the street. There was no opposition.
Councilman Cramer asked Mr. Thompson to explain the need for the variance. Mr. Thompson
said when they first began the subdivision the homes were in the $80,000 to $90,000 price range
and they are now building larger homes in the $130,000 price range. Because the rear portion
of this lot drops off so quickly, it was necessary to move the house 7 feet closer to the street.
Mr. Thompson said that letters have been obtained from both adjoining neighbors stating they
have no opposition to the variance.
Councilman Lnenicka asked Mr. Thompson if this house would also encroach into the sewer
easement. Mr. Thompson said the front corner of the house would encroach about 2 feet into
the 20 foot sewer easement. Attorney Camp advised that if there is an encroachment into the
sewer easement that would also require a waiver. Councilman Lnenicka called on City Engineer
Ken Hildebrandt and asked if he had any objections to the way the house is shown on the plan.
Mr. Hildebrandt said he thought they could work around the sewer encroachment since it was
just on the corner of the house.
After further discussion Councilman Cramer made a motion the variance be approved as
requested. Councilman Patrick seconded the motion which carried 7-0.
(E) Variance request - 4720 Vineyard Court Lot 70 - reduce left side yard setback from 7.5
feet to 6.75 feet
Bob Thomson stated that Jack Thompson is also requesting this variance at Chateau Walk
subdivision for Lot 71. John Reed asked to speak in opposition and was sworn in with Mr.
Thompson by Attorney Camp.
Mr. Thompson said this is a pie shaped lot and the size and placement of the house cause the
back corners to encroach into the side setbacks. This is the only remaining lot in Phase II and
the adjacent lot was sold to another builder and he placed his house closer to the property line
than was expected.
John Reed of 4718 Vineyard Court said he was the owner of Lot 69 and was opposed to the
variance because this is a 2 story house and would be a hazard to his home if there was a fire.
July 17 1995 meeting - continued
Also, Mr. Thompson failed to contact him before the hearing tonight to discuss the variance as
he had stated that he would. Mr. Reed said the owner of Lot 71 was also opposed to the
variance but could not be present tonight.
Councilman Cramer made a motion the variance request be tabled to the next meeting to give
him an opportunity of meeting with Mr. Thompson and Mr. Reed. Councilman Newcomb
seconded the motion which carried 7-0.
(F) Variance request - 4720 Vineyard Court Lot 70 - reduce right side yard setback from 7.5
feet to 6.75 feet
Councilman Cramer made a motion this variance also be tabled until he could meet with Mr.
Thompson and the affected property owners. Councilman Newcomb seconded the motion which
carried 7-0.
(G) Variance request - Parkland Place subdivision pool - reduce rear yard setback from 30
feet to 10 feet
Bob Thomson sated that Kip Berry of Benchmark International is requesting this variance to add
a deck and gazebo to the pool at Parkland Place subdivision. There was no opposition.
Councilman Wood asked Mr. Berry to explain his need for a variance. Mr. Berry said that the
homeowners of the subdivision had recommended that the recreation area be increased and while
they have a nice pool the deck is only 10 feet. They recommended that the deck be enlarged and
a gazebo added to make the area more functional.
Councilman Wood said the area is very narrow and the residents are trying to enhance their
development. The adjoining property owner is Mr. Whitner and he has been notified of the
hearing tonight. Mr. Wood said he met with Mr. Whitner over the weekend and he said he was
not sure of how the development would affect him. Councilman Wood said the expansion of the
deck area would not cause the terrain to be altered in any way and would have no affect on
water runoff or drainage onto Mr. Whitner's property. The only other concern expressed by Mr.
Whitner was trash and debris being thrown behind the existing deck and pool. Mr. Berry said
that was something that he would discuss with the homeowners at their next association meeting.
Councilman Wood made a motion the variance be requested as approved to expand the pool deck
area and add a gazebo for Parkland Place subdivision. Councilman Hawkins seconded the motion
which carried 7-0.
FORMAL BUSINESS:
(A) Authorize Mayor to sign agreement for Cooper Lake Road project
Bob Thomson said this was a joint agreement between the City and Cobb County which would
allow the City to provide water service to the homes on Cooper Lake Road.
Councilman Wood made a motion approval be given for the Mayor to sign the agreement,
seconded by Councilman Newcomb. Councilman Hawkins said this is a joint venture between
the City and County and was, in his opinion, a very positive step. This agreement will allow the
City to tap the Cobb County lines to provide water and sewer service to the new subdivision on
Cooper Lake Road and save the City a substantial amount of money by not running their own
lines.
Vote on the motion to authorize the Mayor to sign the agreement carried 6-0. Councilman
Cramer was absent from the council chambers when the vote was taken.
COMMERCIAL BUILDING PERMITS: Nothing to report.
July 17, 1995 meeting; - continued
BID AWARDS:
(A) Computer maintenance contract
Councilman Wood made a motion the contract be awarded to Equitrack, the low bidder at
$10,212 annually. Councilman Newcomb seconded the motion which carried 6-0. Councilman
Cramer was absent from the council chambers when the vote was taken.
(B) Mimosa Circle water line
Council Scoggins said the Public Works Committee had met and based on their recommendation,
made a motion the bid be awarded to Ralph Ardito Construction, the low bidder at $7,968.25.
Councilman Cramer seconded the motion which carried 7-0. . . -
CONSENT AGENDA:
(A) Approval of July 3, 1995 minutes
(B) Approval to request bids - John Deere 710 backhoe
(C) Approval to request bids - street cutting
(D) Appoint Planning and Zoning Board Chairman - Hubert Black
(E) Approve increase of public safety liability insurance policy to $3 million
Councilman Scoggins made a motion the consent agenda be approved. Councilman Wood
seconded the motion which carried 7-0.
COMMITTEE_ REPORTS:
Councilman Patrick called on Doris Morris for a report from the Library. Mrs. Morris reported
on the summer reading program and reported the overall circulation has increased. Ms. Morris
displayed a sample of the fabric art work now on display by James E. Lee at the Library. Next
Monday, July 24th the new Library Director will begin and Mrs. Morris said she and the entire
staff welcomed his arrival. Also, special appreciation was expressed to the Mayor and Council
for allowing her to come back and serve the citizens as interim director.
Councilman Newcomb reported that property owners on Spring Road are now involved in
negotiations with the county DOT concerning property acquisitions for the widening project.
Also, the Corps of Engineers is still reviewing the permit for the Poplar Creek project and we
are still awaiting their approval.
Councilman Scoggins called on Kathy Barton for a report. Ms. Barton said she recently had the
opportunity of providing a display with handouts at the Galleria for a Lockheed management
group and she is also exploring the possibility of advertising our city on InterNet. August 11
will be the birthday celebration of Phase I of our downtown development, with Banks and Shane
in concert and fireworks following. Ms. Barton said the city's economic profile is being updated
and she is working on that project with the Department of Industry and Trade.
Ann Kirk reported that the Adopt -a -Mile program would be this Saturday from 8:00 a.m. to
11:00 a.m. Volunteers are still needed, and will meet at the Recycling Center. Mayor Bacon
challenged other council members to join him that day and paraticipate in the cleanup program.
Mrs. Kirk reported on the curbside recycling program and stated that 185,000 pounds of
materials was picked up last month at curbside for an annual total of 2,190,968 pounds for the
year. Savings to the City in tipping fees is $31,769.
Mrs. Kirk also stated that stickers are available at City Hall or can be ordered by phone for the
handbook ordinance. It is now illegal to place handbills on mailboxes displaying the stickers.
Councilman Scoggins reported that the Historical Review Committee met last week and they
July 17, 1995 meeting; - continued
have collected $3500 to date for inscribed bricks for the "Walk of Honor" in the Smyrna
Cemetery. Bricks are still available for $50 each.
Councilman Hawkins called on Fire Chief Larry Williams for a report. Chief Williams advised
that due to the drought conditions, outdoor burning has been suspended. Councilman Hawkins
said that some counties have already imposed water restrictions and asked about the city's status.
Chief Williams said he thought we were in good shape at this time but if we continue without
rain, the Cobb Water Authority would make the decision as to whether or not to impose an
outside watering ban.
Councilman Cramer called on Steve Ciaccio for a report. Mr. Ciaccio reported that the next
concert is August 11 from 8:00 p.m. to 10:00 p.m. Entertainment will be provided by Banks
and Shane, with fireworks following the concert in celebration of the second anniversary opening
for the Community Center and Library. Tables may also be reserved by calling the Community
Center.
Mayor Bacon advised that Friday night there was also an antique car show sponsored by the
"Creepers". One of the organizers of the car show, Pop Booth, passed away unexpectedly
yesterday. Mayor Bacon expressed his condolences to Mr. Booth's family.
Councilman Cramer expressed his condolences also to the family of Randy Wood, a resident of
Ward 5 who recently passed away.
Councilman Lnenicka called on Chief Hook for a report from the Police Department. Chief
Hook reported on traffic statistics for the first 6 months of this year and stated that traffic
enforcement is about normal. Adult arrests are up about 20% from last year with homicides
about the same and a decrease in rapes of 64%. Robberies are down 15%, aggravated assaults
are down, burglaries are up and auto thefts about the same. Motor vehicle thefts jumped by a
51 % increase with motor vehicle accidents up 12% over last year. DUI arrests are down, with
361 this year as compared to 385 last year. Chief Hook also reported on several notable arrests
made in the last few weeks.
Councilman Lnenicka reported that sidewalk construction on the remaining uncompleted portion
of Campbell Road begin the week of July 24th.
Councilman Lnenicka also stated that when you travel west on Campbell Road at the intersection
with Atlanta Road there is only one lane and Cobb County had originally advised that they
would not provide left and right turn lanes. They have now agreed when the paving and striping
of Atlanta Road is complete, to provide both right and left turn lanes which should help to keep
traffic moving.
Councilman Lnenicka reported that a Neighborhood Watch group is sponsoring a block party
on Jane Court Sunday afternoon, July 23 and both he and Mayor and Bacon would attend.
Councilman Pete Wood advised there was no report from the Finance Department.
With no further business, meeting adjourned at 8:42 p.m.
July 17, 1995 meeting, - continued
A. MAX BACON, MAYOR
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