September 7, 1999
September 7, 1999
Tl1ere~ular scheduled meetin~ofMayor and Council was held at Smyrna City Hall. The
meetiu~ wascaUed to orderby<presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m.
AU council.members were.present.... Also present was City Administrator Howard Smith, City
Clerk Melinda Dameron, City Attorneys Chuck Camp and J. Al Cochran and representatives of
the press.
Invocation was given by
Hawkins, followed by the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon
Frazier presented the
Campbell High School PTSA. Mr.
with honorary PTSA membership cards.
Mayor
Cramer. They
Mayor Bacon and
who presented a donation to Councilman
used for the VeterausMemorial the city is planning.
thanked Mr. and Mrs. Kaplan for their donation.
PUBLIC HEARINGS:
(A) Charter Amendment - Section 6(b) Increase Salaries of Mayor and Council Members
Mr. Smith stated this.pharterarp.endlllent has been advertised and is the second reading of the
amendment. Mayor Bacon aSked If there was any public cornment. There was none.
Councilman Lnenickastated.aicMrter amendment requires two public hearings and reading
before the public aud theuayote.Mr. Lnenicka stated this is the second meeting as it was
heard at ti1e August 20 coul)Cilrp.eethl~ and then read the proposed amendment. Mr. Lnenicka
stated ti1is proposal willrai~etJ1el1}.aYQrand council salarieS for the incoming elected officials
by $75/month (mayor)a,n<l$~()/l1}.ontl1(council members) effective January 3, 2000. The
sa1<lries will increase by that <:illlQUIlt each year for the term of office beginning January 2000
and ending December;20Q3'iC01,.lJ1CHman Lnenicka stated the salary of the Mayor will increase
to $I,075/month and the Salary of the council members shall increase to $825/month beginning
in January 2000 and.increa.seby$75/month and $50/month for each successive year through
Deceulber 2003 respectively.
Councillllan Hawkins.stafe<lil1e\sUP!'Qrts ti1e motion and thinks it is in order. Councilman
Lnenicka stated tl1issu~gestl;\dSharterarp.endment has been endorsed by the Finance and
Administration Conunittee.Coun9i1man Lnenicka made a motion to adopt the proposed charter
amendment of Section 6(b)<:is.read. Councilman Hawkins seconded the motion. Motion was
approved 7-0.
(B)
Variance
to 17 Feet
Lane - Reduce Front Yard Setback from 25 Feet
Mr.
larger porch on
included in the
asked if anyone was
opposition.
is requesting the variance in order to build a
notifications to contiguOlls property owners is
Mayor Bacon stated this is a public hearing and
to the granting of the variance. There was no
to explain why the variance is being requested. Mr.
and when he re~moved the porch to replace the line
Mr. Kaley stated he was taking this
roof to extend over it to cover part of his house and
Kaley stated his next move would be to finish the
asked Mr. Kaley if he had a roof over the previous
had a small stoop with a roof over it. Mr.
is the front of his house and is on the 25-foot
an application fora variance. Ms. Capilouto
she received several phone calls from some of the
Ms. Capilouto explained to them that Mr.
that would require a larger roof. Ms. Capilouto
by the residents were if Mr. Kaley was planning to
September 7, 1999 meeting - continued
make repairs to the rest of the house as welL Mr. Kaley responded he did plan to ulake repairs
to the rest of the house and is doing them one at a time but the porch is what he attacked first
because it is a necessity. Ms. Capilouto asked Mr. Kaley when he thought he would be able to
finish the porch. Mr. Kaley responded he planned to complete the work on the porch within a
week to a week and a half after the variance is granted. Ms. Capilouto asked Mr. Kaley about
the other work that needs to be done on the home and Mr. Kaley responded he is doing those
one at a time. Ms. Capilouto asked Mr. Kaley if he will have the porch completed within a
week to a week and a half then what about the rest of the house. Mr. Kaley asked about what
items in particular. Ms. Capilouto stated there are a lot of rotten boards around the window sill
on the side of the house and Mr. Kaley stated that is what he plans to do next - wrap the rest of
the house and then paint it. Mr. Kaley stated he wanted to get the porch on and paint when he
is done. Ms. Capilouto then asked Mr. Kaley that as soon as he completes this porch -
replacing the porch and the roof - the next move will be to take care of the rest of the house
and he indicated he will take care of those after the porch is completed.
Councilwoman Capilouto made a motion that the variance of 1208 Ridgecrest Lane to reduce
the front yard setback from 25 feet to 17 feet be approved. Councilman Scoggins seconded the
motion. Motion was approved 7-0.
(C) Variance Request - 3595 Creatwood Trail - Reduce Side Yard Setback from 10 Feet to
3 Feet
Mr. Smith stated the applicants, Edward and Kay Dehnad, are requesting the variance because
of the remodeling to a porch at their property. Mr. Smith indicated they are remodeling the
porch and adding a snlall porch and were already a few feet over the setback requirement and
the notification to contiguous property owners is included in the variance application packet.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the
granting of this variance request. There was no opposition.
Councilman Lnenicka asked Mr. and Mrs. Dehnad to explain the variance request. Mr.
Dehnad stated that previously the porch was seven feet from the property line and when they
tore the porch down to add a deck to it, they discovered it would bring it to three feet. He
further stated they are building a very nice porch in the backyard. Mr. Dehnad stated they
have obtained approval from the next door neighbor - Mr. Terry - who said he has no
objection as well as a letter from his other neighbor, Ms. Cuggy, who said she does not object
either. Mr. Dehnad stated Building Inspector Fain Scott was very helpful to him during this
process.
Councilman Lnenicka made a motion that the variance request at 3595 Creatwood Trail to
reduce the side yard setback from 10 feet to 3 feet be approved. Councilman Wood seconded
the motion. Motion was approved 7-0.
(D) Variance Request #1 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb
Parkway and Hargrove - Relocate Existing "Doc's" Pole Sign
Mayor Bacon stated Items D through H all involve the same property and will be addressed as
one item but voted on separately. Mayor Bacon stated this is the property at the intersection of
Cobb Parkway and Hargrove Road. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of these variance requests. Gerald K.
Johnson, the applicant, Barbara Brenner and her attorney, Joel Larkin, Calne forward and were
administered the oath by City Attorney Chuck Camp.
Mr. Smith stated the applicant is requesting a variance to relocate the existing "Doc's" pole
sign will be retained on the site but moved in order to permit a new entrance to the new retail
center that will be developed.
Councilwoman Capilouto asked Mr. Johnson to indicate the parcels he had purchased on the
visual display. Mr. Johnson stated they have purchased and closed on the Kuppenheimer
building, which is approximately 3.2 acres, in January and their intent was to work with their
neighbors in the acquisition of some parcels and co-developing with others to take down some
of the old signs and revitalize that as a key retail component located near Cumberland Mall and
the new Cumberland loop. Mr. Johnson stated when they purchased the Kuppenheimer
building they had nurnerous conversations with RTM Corporation, which is the Arby's building
composed of 1.27 acres and that is currently under contract and also have under contract a .71
acre which is currently the Haveli Restaurant. Mr. Johnson stated their objective is to purchase
those properties and through a development agreement with 11J Enterprises, which is where
Doc's is located, but statedti1at agreement has not been finalized but feels it is imminent, and
their intent is to co-develop -Doc's will retain ownership of their property through reciprocal
easement agreements, access~~reements with Doc's so that they will remain independent and
maintain their Qwnersl1ip..lIestatedwith the balance of the property they intend to tear down
the three buildin~stl1~taretl1ere,<teardpwn the lollipop signs alon~ Cobb Parkway (US 41) and
give it a cleaner, moremoderrtloPk;/extensive topography work done to make it a single retail
facility as opposed to the tvvo ?rthreelevels that are there now. Ms. Capilouto asked Mr.
Johnson if the existingD?c'SP?lesigIl is on his property and he responded it is not, it is on the
Haveli property, whichtl1e.5'J1~Yeunder contract, but the sign is under a sign easement through
Doc's across the HavelLproperty,Mr. Johnson stated under their proposal they would relocate
that sign and co-develop with Doc's and relocate the sign to one of the entrances on US 41 .
Mayor Bacon recognized.Joell.,arkin, attorney with Sams & Larkin, who stated he is
representing Doc's. Mr.I.;~rkinst~tedthey could possibly be opposed but could also not be
opposed to the proposal.J\ir,Larkin stated they are currently negotiating an agreement for co-
development of the properties but do not have an agreement at this time. He stated they have a
vague, oral understandingofvvl1aftheagreement will provide subject to the lawyers trying to
document it. He statedtl1eYil1adhoped to have the agreement by tonight but do not. He stated
as it currently stands, Doc'sha,saneasement that goes through the building shown ii'onting on
US 41 and without ~na,greel1}.eutwith Doc's, this agreement and this proposed development are
not possible. He statedth~.5'd.Ql1Qt want to delay the project if an agreement is reached but at'
the same time they do notwantv<iriances granted in the event the agreement falls apart. Mr.
Larkin continued they woulq.\lij.cetp request that a public hearing be conducted tonight but that
the council defer a decisionnntilitsnext meeting - September 20. He stated hopefully by that
point in time they will havefmalized a development agreement. He continued by saying that if
for some reason the agreerp.~ntfallsapart most of the buildings that are shown will be
impossible and the contin~enciestheY have on acquiring the other properties will kick in and he
has been told they probaplywillnQtacquire those other properties. Mayor Bacon asked Mr.
Larkin if his concern is just forltem (D) or all the variances. Mr. Larkin responded it is
actually for all of thembeCa.l.l.seIfthe co-development agreement does not go through, there
will be some other typeofd.eve1opment on the property and the variances mayor may not be
appropriate dependingonvvl1atusesare proposed. Mayor Bacon asked Mr. Larkin if a co-
development agreement CQuld be re~ched, would his clients be supportive of the variances and
he said they would. . Cou~cilrp.<lnHawkins asked Mr. Johnson if he agrees with Mr. Larkin's
assessment of the situation.JYlr.JQl1nson responded if they do not reach an agreement, the site
plan presented this eveningvviUnQt happen because there is an existing easement between
Doc's, Haveli and PiedmpIlt<:iIldina.ddinon to that Doc's has a sign easement thl"Ough Haveli's
property to their existingisigu.Hefurther stated the building shown on the plan would not go
where it is indicated if theydpopt reach an agreement but he is still going to develop the
property in some form butJtnl<:iyuothave the large 15,000~square foot building. Councilman
Hawkins asked Mr. Johl)spnifhe bas a problem with the vote being deferred for two weeks.
Mr. Johnson respondedjfitcpuldbedeferred for two weeks he did not have a problem but if it
was deferred for a monti1tl111t would be a problem. Mr. Johnson stated he is the authorized
representatives for the two properties which he does not currently own at this time and has the
full authority to speak forti1eHaveliproperty and the RTM property. Mr. Johnson stated the
existing pole sign islpc~ted/l1Ya.C1.lrbcut that will no longer exist if the property is developed
and he is proposing ti1epplesign would be moved to one of two other curb cuts so it would be
located at a curb cut wl1e.reifvvQuld be visible. Councilman Newcomb asked Mr. Johnson to
briefly discuss the Qtl1er v<:il'i3,Ilcesbeing requested. Mr. Johnson reviewed those requests and
stated that the rt;Jaryardii~tbackvariance involves the property next to the Residence Inn by
Marriott. He further statedtl1eYhaveproposed building a sidewalk connecting the two
properties. He statedthesidewalkW-ill be in the city's right of way but his company will pay
for He stated the frontYardsetback involves the reduction from the Cobb Parkway setback
from 100 feet to 70 feet. .Het;Jxplained this is due to the acquisition of right-of-way property by
Cobb County and the Statefortl1e new Cumberland loop. Mr. Johnson stated the variance to
increase the signage is based oi)the City of Smyrna's regulations that allows them to put a 200
square foot sign on US 41 but due to the fact that that will be a median along US 41 (north to
south) the request is basicallY heca,use the only way to get patrons into the center is to have
them turn left (northboundoniI1S41) and come through the property through the light that is
currently in front of Doc's. He stated the request for that is to make sure people see them
before they pass thedeveI9Pl1}.ei)ta,ndthe request is to increase the sign square footage from
2QOs9.uare feet t0300squa~l;\feet,He stated they plan to build a modern, monument-style sign
ai)d will take down the lQllippp style signs for Haveli, Kuppenl1eimer's and Arby's. Mr.
Johnson said the rear and side yard setback is along the common property line between Steak
September 7, 1999 meeting - continued
and Shake, Service Merchandise and the Marriott because of the tight site. He stated they meet
all the parking requirements, landscaping requirements but since it comes together there, it
forces them~ in there. He stated they have the support of Steak and Shake and Marriott and the
topography relevant to the Service Merchandise location - they are busy and he could not get a
letter from them either for or against the proposal. He continued that the juxtaposition between
their finished floor and his proposed finished floor is about 70 feet. Councilman Wood asked
Mr. Johnson if his purchase of RTM and Haveli property is contingent upon approval of
variances on the property. Mr. Johnson stated the terms of his contract are pretty open and he
can terminate those contracts for whatever reason. Mr. Johnson stated it is his hope that they
get the variances and the co-development agreement worked out - but one of the parcels
regardless of the variances or the development agreement he will in fact purchase. Councilman
Wood asked Mr. Larkin if he would say there is a general agreement but he has not seen the
language. Mr. Larkin responded that was correct and further stated the Brenners and Doc's
very much want to see the property redeveloped this way. Mayor Bacon stated with the
exception of Item D - relocation of the sign - these variances are all pretty much common
variances the city deals with every time there is a redevelopment of an existing shopping center.
Councilwoman Capilouto made a motion that items (D), (E), (F), (0) and (H) pertaining to the
property at 2670 Cobb Parkway and Hargrove be tabled to the September 20, 1999 council
meeting. Councihnan Newcomb seconded the motion. Motion was approved 7-0.
(E) Variance Request #2 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) 2670 Cobb
Parkway and Hargrove - Allow an Access Drive in a Rear Yard Setback
See narrative above. Item tabled to September 20, 1999, council meeting.
(F) Variance Request #3 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb
Parkway and Hargrove
See narrative above. Item tabled to September 20, 1999, council meeting.
(G) Variance Request #4 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb
Parkway and Hargrove - Increase Proposed Free Standing Monument Sign from 200
Square Feet to 300 Square Feet
See narrative above. Item tabled to September 20, 1999, council meeting.
(H) Variance Request #5 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb
Parkway and Hargrove - Reduce Rear and Side Setback from 50 Feet to 25 Feet
See narrative above. Item tabled to September 20, 1999, council meeting.
(I) Variance Request - Lot 8 - 3086 Old Cabin Lane - Reduce Front Yard Setback from
15 Feet to 10 Feet
Mr. Smith stated the applicant, Thomas J. Sweet representing Old Cabin, Inc., is requesting
this variance to move the house five feet forward and reduce the front yard setback from 15 feet
to 10 feet because of easements on the property. Mayor Bacon stated this is a public hearing
and asked if anyone was present in opposition to the granting of this variance request. There
was no opposition.
Councilman Newcomb stated this development is on the old Aunt Fanny's Cabin property on
Campbell Road and is called Old Cabin Trace and has twenty-eight houses. Mr. Newcomb
stated the house does not fit on the lot and asked Mr. Sweet to explain why the variance is
being requested and what they have planned for the property. Mr. Sweet stated the lot has a
detention pond on the rear and a storm and sanitary sewer easement on the left side. He stated
when the site was first engineered he thought they could fit a house on the lot but with an 1800-
square foot minirnuul home it might take a one-car garage home to do that. He stated all the
other homes thus far have been two-car garage hOlnes. He stated in order to keep the house
comparable with a two-car garage, they were eliminating one room - a second eating area - by
having one large eating area and a breakfast bar in the kitchen and this will give a first floor
square footage of about 1,031 heated space with a two-car garage: upstairs would have around
1247 square footage for a total of 2,278 square footage. He continued that the average square
footage of the homes in the development have been around 2,600 square feet. Mr. Sweet stated
they want to move the house forward five feet and will not encroach on the I5-foot side yard
still a 50-foot
of curb to the
the house.
garages will be
compared to
with a price of
of it being on Lot 9.
property owner
but with grass so
yard. He further
the wall in the back
Sweet if there will
deteutionpond
responded it
such a way that the
setback, .Mr. Sweet pointed out the detention pond on the display and stated there is a poured
wall on the rear side of that and on the left side - running north and south - is the sanitary and
asked about the distance of the house from the curb. Mr.
on a road are 24-feet wide, they find it is easier on
He stated they do a 28-foot wide street from the
radius in the cul-de-sac as that is
the setback.is then 10-feet from the back
there would be an additional 10 feet to the start of
parking on the driveway even though the
asked about the price range of this house
Mr. Sweet responded this will be a brick home
the detention pond is on Lot 8 with a small portion
pond maintenance will be the responsibility of the
they plan to landscape the pond not with shrubbery
Lot 8 can just go down there and cut it just like a
8 will have a fence that will go on the upper side of
some privacy. Councilman Lnenicka asked Mr.
for the homeowners association to maintain the
of the Lot 8 homeowner . Mr. Sweet
of the Lot 8 homeowner as they plan to grass it in
a mower down to cut it.
forward and were administered the oath. Ms.
on next Wednesday. She stated they had concerns
addressed to her satisfaction.
Councilman
Lane to reduce the
Lnenicka seconded the
the variance request on Lot 8 - 3086 Old Cabin
15 feet to 10 feet be approved. Councilman
was approved 7-0.
(.J)
Variance
13 Feet
Street - Reduce Front Yard Setback from 40 Feet to
Mr.
an
sides by streets
from 40 feet to 13
Lampp, is requesting the variance in order to construct
Mr. Smith stated that his home is bordered on three
in his back yard he needs to reduce the setback
the variance packet contains notification to
stated this is a public hearing and asked if anyone
of this variance request. There was no opposition.
was present in
Councilman
house in the
Maizie Nelson
back to 1884. Mr,
the granting of this
house at 2730 Gilbert Street is actually the oldest
stated he thought it was built in 1884 and belonged to
she refers to the house and mentions it was deeded
neighbors have all indicated they have no objection to
Councilman
the front yard
motion. Motion
the variance request at 2730 Gilbert Street to reduce
13 feet be approved. Councilman Hawkins seconded the
FORMAL BUSINESS:
Appointment of DovvntownDevelopment Authority Members
Mr. Smith stated this
of two members.
of some members of the DDA and new appointment
CouncilUl<:in Lnenicka stated the terms of the DDA members will be retroactive to April 1,
1999, and will expire ApriI,:zOOO.Mr. LneniCka stated the DDA is chaired by Mayor Bacon
and has seven members.H~cQntiIluedthat two of the members have now moved out of the
city and expressed the city's appreciation to Jimmy Wilson and Steve Shupert for their years of
service.
Councilman Lnenicka<:rna.4e a Il1otionthefollowing members be appointed to serve on the DDA
for the term April, 1999, to April, 2000: Chairman - Mayor A. Max Bacon, members as
September 7, 1999 meeting - continued
follows: Hubert Black, C. J. Fouts, Jim Pitts, Willouise Spivey, Doug Stoner, Eric Cash and
Larry Freenlan. Councilman Wood seconded the motion. Motion was approved 7-0.
(B) Approval of Change Order #02 - Matriarch Construction ($10,500) - Cobb Center
Park
Mr. Smith stated this is being recommended by the park designer, City Engineer and the Parks
staff to remove some unsuitable materials on that site that Matriarch uncovered in the
excavation and the grading on that site.
Councilman Scoggins stated the work has been done and moved that Change Order #02 -
Matriarch Construction - in the amount of $10,500 be approved. Councilman Cramer
seconded the motion. Motion was approved 7-0.
(C) Validate Petition to Annex Property - Cooper Lake Road (4.215 Acres) - Land Lots
319 & 392, 17th District, 2nd Section, Cobb County, Georgia
Mr. Smith stated Mr. Walter Price has applied for annexation of 4.215 acres on Cooper Lake
Road located in Land Lots 319 and 392. He then stated an application is also pending for this
site to change the zoning from R20 to R15 for construction of single family homes.
Councilman Wood stated this property abuts property previously acquired by Mr. Russell
Barnett and will become part of that same development. Councilman Wood made a motion to
validate the petition to annex the below described property and set a public hearing date of
October 4, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0.
All that tract or parcel of land lying and being in Land Lots 319 and 392 of the 17th District, 2nd
Section, Cobb County, Georgia, containing 4.215 acres as per survey by Douglas D.
Middleton, Land Surveyor, dated August 10, 1977, specific reference is hereby made to said
survey for a more complete description, and being more particularly described as follows:
BEGINNING at a \4 inch iron pin on the southeasterly right-of-way of Cooper Lake Road, said
road having right-of-way width of 50 feet, said iron pin being 522.15 feet southwesterly, as
measured along said right-of-way, from a point where the north line of Land Lot 329 intersects
said right-of-way; thence north 89 degrees 50 minutes east, 587.95 feet along the south
boundary of the Violet L. Holcomb property to a \4 inch iron pin in Land Lot 392 on the west
boundary of the Ralph Marler property; thence south 5 degrees 04 minutes west, 339.93 feet to
a lA iron pin on the line dividing Land Lots 329 and 392; thence north 77 degrees 50 minutes
west, 788.59 feet along the north boundary of the property now or formerly owned by Ralph
Marler to a \4 inch iron pin on the southeasterly right-of-way of Cooper Lake Road; thence
north 48 degrees 03 minutes east 73.79 feet along said right-of-way to a point; thence north 52
degrees 22 minutes east 108.47 feet to a point; thence north 52 degrees 36 minutes east 90.83
feet to the POINT OF BEGINNING.
(D) Validate Petition to Annex Property Cooper Lake Road (West of King Valley Drive -
30.27 Acres) - Land Lots 405 and 460, 17th District, 2nd Section, Cobb County,
Georgia
Mr. Smith stated Eric and Holli Cash have applied for annexation of 30.27 acres in Land Lots
405 and 460 to develop a 17 -single family home subdivision and no zoning change will be
required on this particular site.
Councilman Wood stated this is another fine development and the City of Smyrna is delighted
to have the application for annexation and look forward to having this property in the city.
Counciln"lan Wood made a motion to validate the petition for annexation for the below
described property on Cooper Lake Road and set a public hearing date for October 4, 1999.
Councilman Lnenicka seconded the motion. Motion was approved 7-0.
All that tract or parcel of land lying and being in Land Lot 460 of the 17th District, 2nd Section
of Cobb County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the north side of Cooper Lake Road 250 feet west from the
northwest corner of Cooper Lake Road and Gann Road; running thence in a northerly direction
at an interior angle of 88 degrees 24 minutes with the said Cooper Lake Road a distance of 520
feet to an iron pin; running thence in a westerly direction at an interior angle of 93 degrees 35
minutes with the previouscall a distance of 570 feet to an iron pin; running thence in a
southwesterly direction 269 teet to an iron pin; running thence in a southeasterly direction at an
interior angle of 101 degrees 39 minutes with the last mentioned call a distance of 410.5 feet to
an iron pin on the north sid.e of Cooper Lake Road; running thence in an easterly direction
along the north side of Co()perLake Road a distance of 563.7 feet to the point of beginning.
Together with:
Tract Two:
All that tract or parcel
Section, Cobb County,
being in Land Lots 405 and 460, 17th District, 2nd
more particularly described as follows:
To find the point of beginning. of the tract herein described, commence at the northeast corner
of said Land Lot 405, wniCl1isthecommon corner to Land Lots 405,406, 459, and 460 of said
District and Section, and.IJ,ll)l)iIl~thencesouth along the Land Lot line dividing Land Lots 405
and 460, 66 feet, and thence west, parallel to the north line of Land Lot 405, 193 feet to a
point, which is the POint()fbe~inning of the tract herein described;. from the point of beginning
ti1us established, runtheJ:~ce<VV:estal()n~ the north line of Land Lot 405, 734 feet to an iron pin;
thence south 845 feet toan.iiroJ.1pin .0U the northeasterly right of way line of the Seaboard Air
Line Railroad; thence sou.tl1east~rIYalong the northeasterly right of way line of said Railroad,
520 feet to its intersectionvv:ithfIleSouth line of said Land Lot 405; thence east along the south
line of said Land Lot, and.9l"qssiIlg a branch, 58 feet to an iron pin on the northerly side of
Cooper Lake Road; thenpen()rthea,sterly and easterly, and following the curvature of Cooper
Lake Road; along the northpql.ll"1dary line thereof, 948 feet to an iron pin on the north side of
said Road; thence North 34 degrees 05 minutes West, 986 feet to the point of beginning, as
shown on a plat survey of this ProPerty made by J. P. Phillips, Surveyor, on April 21, 1954,
which is on file in the Office of ti1e Atlanta Title Company.
COMMERCIAL BUILDING PERMITS:
(A) Building Pennit~BenningConstruction Company 4480 South Cobb Drive
Construction of a 93,000 Square Foot Retail Grocery Store (Publix)
Councilman Lnenicka stated.tl1is is tIle property at the corner of South Cobb Drive and the
East/West Conuector onthenortIlweSt corner of that intersection. Mr. Lnenicka stated this will
be a very nice, upscale,moqe1"]".l.Pu"lix grocery store and the cost of the building permit is
$30,000 and the estim<:ite9cgstOfcol1struction will be $6,000,000. Councilman Lnenicka made
a motion to approve the pl.lild.ingpermit for Benning Construction Company at 4480 South
Cobb Drive for the constl'l.JPtiol)ofa93,000 Square Foot Retail Grocery Store (Publix).
Councilman Cramer secondedtl1emotion. Motion was approved 7-0.
(B) Building Permit .-..RACOGeneral Contractors - 5400 United Drive Building -
Construction of a 33,600 Square Foot Tenant Finish for CVS Pharmacy COrPoration
Offices
Councilmau Wood
General Contractors
finish for the CVS
the motion. Motion
in the Highlands Park area and RACO
for the construction of a 33,600 square foot tenant
approval of the permit. Councilman Cramer seconded
BID AWARDS:
(A) Bid A ward (Bid #99025) - Tables and Benches - Parks and Recreation Department
Councilman Scoggins state(l.fourVendors responded to the request for bids and the low bidder
meeting specificationsw<).sStarlingRecreation in the amount of $6,017 and Inoved acceptance
of that bid. Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Bid Award (Bidtt99q2(5) John Deere F-932 Commercial Front Mowers - Parks and
Recreation Department
Councilman Scoggins stated si~pid.siwere received for three F932 commercial front mowers
and J. L. Dowda Farm Equipment of Douglasville was the low bidder. Councilman Scoggins
September 7, 1999 meeting - continued
made a motion the bid be awarded to J. L. Dowda Farm Equipment for a total cost of $34,800.
Councilman Cralner seconded the n~otion. Approved 7-0.
(C) Bid A ward - Spring Road Median Landscaping
Councilman Hawkins stated bids were solicited for the Spring Road median landscaping and the
low bidder meeting specifications was North Georgia Land Services for $93,949.50. He stated
the Public Works Committee recommends the bid be awarded to North Georgia Land Services
for $93,949.50. Councilman Hawkins stated this money is part of the 1 % Cobb County
D.O.T. road tax so the county is funding that portion of it. Councilman Cramer seconded the
motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of August 16, 1999, Minutes
(B) Approval to Accept Use of Electric Ford Ranger Truck from Georgia Power Company
(C) Approval to Declare Surplus Items for September 11, 1999, Cobb County Annual
Auction
(D) Approval to Request Bids for Pickup Truck for Utility Services Division (Finance
Department)
(E) Approval to Install "No Parking" Signs on Falling Water Drive
(F) Approval to Use Council Chambers - Thursday, September 9, 1999 - 7 - 9 p.m.
(Ward 5 Meeting)
(G) Approval of CDBG Fund Transfer - From Aquatic Center Project to Senior Pavilion
Project
(H) Approval to Purchase a Konica 7033 Digital Copier - GSA Contract - Community
Development Department
(1) Approval to Transfer Contingency Funds - (Plant Material at City Hall; Bank of Lights
at Campbell Middle School Baseball Field) Parks and Recreation Department
(J) Approval to Request Bids Lease of 30 Heavy-duty Lap Top Computers - Police
Department
(K) Approval of Sewer Line Installation to Austin Drive
Councilman Wood made a nlotion to approve the consent agenda. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilwoman Capilouto stated the approval to install "No Parking" signs on Falling Water
Drive is the result of phone calls from her constituents asking for the signs. She encouraged
everyone who lives in the subdivision to respect their neighbors and have their company park in
driveways instead of on the street. Ms. Capilouto stated the approval of the sewer line
installation to Austin Drive is being done before the sewer line installation on Bell Drive due to
the somewhat enlergency situation existing on Austin Drive for them to have water and sewer
lines installed. Ms. Capilouto stated she has been assured by the City Engineer, Councilman
Wood and the Public Works Director that the delay for the Bell Drive installation will only be a
couple of weeks - weather permitting.
Councilman Newcomb stated the approval of the request to bid for 30 heavy-duty lap top
computers for the police department will allow the officers to enter data directly into the lap top
while they are out doing their report and download it to a disk and take it into the station.
Councilman Newcomb stated the bid award for the Spring Road median landscaping affects all
three wards on Spring Road and everyone is looking forward to getting the median further
landscaped.
Councilman Scoggins announced the City of Smyrna and Emory Adventist Hospital wil1 host a
Senior Health and Wellness Fair on Friday, September 17, from 9:00 a.m. to 1 :00 at the
hospital on South Cobb Drive. He encouraged all interested parties to contact Patty Bacon for
additional information. Councilman Scoggins announced the second annual "Taste of
Smyrna" event will be this Saturday, September 11, from 4 - lOp. m.
Councilman Hawkins had nothing to report this evening but invited everyone to attend the
"Taste of Smyrna" event this weekend.
Councilman Cramer thanked Bill and Diane Kaplan for their donation to the Veterans Memorial
Association. He stated the Association is moving forward with the 20u, century veterans war
memorial and announced the.nex:t meeting is Thursday, September 9, at 7:00 p.m. at the
Smyrna Libr<:iry and again On SePtember 23. He further stated he hoped a conceptual drawing
will be brought back and approved. soan. Councilman Cramer announced there will be a Ward
5 meeting this Thursday, September9, at 7;00 p.m. in the City Hall council chamber.
Councilman
4 ~ 10 p.m. seven
Marla Shupert, a
tournament. Mr.
Player. Councilman
will host a visit from the
of the water use advisory that is still in effect from
all outdoor watering. Councilman Lnenicka recognized
played in the Cobb County Invitational Slow-Pitch
Shupert was selected as ti1e Tournament's Most Valuable
that on Thursday, September 16, the City of Smyrna
consisting of 15 delegates from Russia.
Councilman Wood nadn()teportthis evening but stated he looks forward to seeing a great
crowd Saturday night at the "Taste of Smyrna" event.
ADJOURNMENT
With no further business,
adjourned at 9: 10 p.m.
~..
RON NEWCOMB, WARD 2
~4/~
MES M_ HA .lNS:-WARD 4