November 19, 1990 Council Meeting
November 19, 1990
The regular scheduled meeting of Mayor and Council was held November 19, 1990
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, Personnel Director Jane Mears, Fire Chief
Larry Williams, Public Works Director Vic Broyles, City Engineer Ken
Hildebrandt, Parks and Recreation Director Sherry Reavis, Finance Director
Emory McHugh, Police Chief Stan Hook, Communications Director Steve Ciaccio,
Library Director Laurel Best, Community Relations Director Kathy Barton and
representatives of the press.
Invocation was given by Dr. Dan Parker, pastor of Fortified Hills Baptist
Church.
...
Wade Lnenicka presented an engraved plaque to Bob Arnold in appreciation for
serving on the Smyrna Housing Authority for 7 years.
CITIZENS INPUT: Mr. John Lee, a resident of 640 No. Thomas Lane presented
petitions representing the seven wards of the City regarding the 1.5 mill tax
increase approved with the 1991 budget. On behalf of those represented, Mr.
Lee asked for a millage rollback to 10.6 and an extension of the due date
this year from November 20 to December 20. Following a lengthy discussion
period it was pointed out to Mr. Lee that the large tax increases were due to
the reassessment of property by Cobb County and any increase over 14% should
be attributed to that. Jack Shinall, Bill Scoggins and others also stated
that the percentages quoted by Mr. Lee were inaccurate and the partial
sampling that he conducted did not give a true, overall picture. Jack Shinall
said that a correct sampling, taking into consideration the $10,000 exemption
that many receive, indicates that one-third of the homes actually had taxes
decreased; 35% had increases of 14% and 30% had tax increases above 14%. A
true sampling of Ward 5 shows a total increase of 10.5% overall.
Mayor Bacon said from the information received from our department heads
regarding a tax rollback he would not be willing to consider a reduction at
this time. A 1.5 mill reduction represents about $850,000 and loss of those
funds would cause a reduction in services and employees, primarily in the
area of public safety. Mayor Bacon said he appreciated Mr. Lee for coming and
... stated he would always make himself available to meet with anyone who had any
problems or questions about their taxes.
Mr. Ed McCloud of Falling Water Subdivision said he thought his taxes were
fair; he thought a 112% increase was out of line but would also be upset if
anyone had a reduction in their tax bill. Mr. McCloud also thanked the police
department for the additional exposure in his neighborhood and asked about
the windfall that should be realized from the reassessments. John Patterson
state that growth in the tax base is realized through annexations and new
construction and this year our tax base grew at a rate one-half of what we
have experienced the last 10 years. Earlier numbers this year suggested a 12%
tax base growth which was a conservative estimate based on previous years but
the actual growth is only 9%. There have been very few building permits
issued this year and relatively few annexations and for that reason, there
will be no windfall.
Charles Gale of 4061 Honeysuckle Drive commended council for the good service
he has always received in the City and felt they were doing a good job.
PUBLIC HEARINGS:
(A) Variance request - rear yard setback at 1011 Falling Waters Drive
...
John Patterson stated that Mr. Michael Wilkerson is requesting a variance
from 30 to 12 feet on the rear yard setback at his home for the addition of
an 18 x 20 wood deck. There was no opposition.
Mr. Wilkerson said the slope in his back yard is severe and he would like to
build a wooden deck over the existing patio, which will be about 6 feet from
the ground when completed. Mr. Wilkerson said he has no plans to enclose or
add onto the deck and it will serve no other use. Bob Davis asked if there
was a homeowners association or if there were any restrictive covenants in
the subdivision. Mr. Wilkerson said there were none that he was aware of.
Bob Davis made a motion the variance be approved with the following
stipulations:
November 19, 1990 meeting - continued
1.
2.
3.
must be
That the deck not extend beyond the back corner of the unit;
No parking of any type will be allowed underneath the deck;
If there is a homeowners association, all covenants or restrictions
adhered to.
Bill Scoggins seconded the motion which carried 7-0.
(B) Variance request - additional sign for McDonald's, Windy Hill Road
John Patterson stated that Albert Abernathy has requested a variance to allow
an additional sign for the new McDonald's on Windy Hill Road. The sign would
be located on the east side of Ward street and would be approximately 40
square feet with a 16 square foot reader board. There was no opposition.
.....
Don Lauren represented McDonald's and said the purpose of the sign was to
identify the ingress and egress location on Ward street and encourage people
to take advantage of the traffic light at the intersection of Ward street and
Windy Hill. The sign will not be as large as they originally requested. The
total square footage will now be about 28 square feet.
Jack Shinall made a motion the variance be approved as requested. Wade
Lnenicka seconded the motion which carried 7-0.
(C) Variance request - side yard setback at 1243 Brookview Lane
John Patterson said that Mary Sponseller is requesting a variance on the side
yard building line from 25 to 13 feet for the addition of a 12 x 12 wood
patio on her home. Ed McCloud said he was not opposed but had several
questions and was sworn in with Ms. Sponseller.
Ms. Sponseller said she wanted to build a 12 x 12 wooden patio which would be
about 18 inches from the ground at the highest point, with a partial roof to
replace the existing awning. Ms. Sponseller said she had no plans to enclose
the structure and was not aware of any restrictive covenants that may apply.
Mr. McCloud said when the townhomes were first built there were protective
covenants but they have never been enforced. Mr. McCloud said his concern was
that the patio would be built too close to the street since it is a corner
lot. Basically, he had no objections provided there are no shrubs or bushes
planted at the corner to obstruct the view for traffic.
-
After further discussion, Bob Davis made a motion the variance be approved as
requested. John Steely seconded the motion which carried 7-0.
(D) Variance request - side yard setback at 1005 Chateau Lane
John Patterson stated that Jack Thompson with Bear Properties is requesting
this variance form 7.5 to 5.7 feet on the sideyard setback at 1005 Chateau
Lane in the Chateau Walk Subdivision. There was no opposition.
Mr.
and
side
the
made
which
Thompson said when this lot was laid out, they pulled from the wrong pin
the error was not discovered until the foundations had been poured. The
yard reduction will still leave 15 feet between the two homes. This is
only variance that has been requested in Chateau Walk and Jack Shinall
a motion it be approved as re~lested. Wade Lnenicka seconded the motion
carried 7-0.
(E)
Annexation of Haveli Indian Cuisine, 2706 Cobb Parkway
John Patterson said Mr. Nitin Kashiparekh has requested the annexation of his
property and the legal description was read into the minutes at the October
15th meeting. There was no opposition.
...
Bob Davis made a motion the property be annexed and made a part of Ward 1.
Bill Scoggins seconded the motion which carried 7-0.
(F) Privilege license liquor, beer and wine pouring for Haveli Indian
Cuisine, 2706 Cobb Parkway
John Patterson said that Haveli's currently holds a Cobb County alcoholic
beverage license in the name of Kumkum Kashiparekh who is Mr. Kashiparekh's
wife. This action tonight is simply to transfer the existing county license
to the City. There was no opposition.
November 19, 1990 meeting - continued
Mr. Kashiparekh said he was familiar with our ordinance and in his 5 years of
operation had never been cited for any violations. Bob Davis made a motion
the license be approved. John Steely seconded the motion which carried 7-0.
(G) Business license request - Atlanta Pawn, 3247 South Cobb Drive
John Patterson stated that Mr. Leon Sokolic has applied for a license to
operate Atlanta Pawn at 3247 South Cobb Drive. The police investigation was
favorable and there was no opposition.
..
Mr. Sokolic said this business would be on South Cobb at Concord Road and he
has also operated a pawn shop on Howell Mill Road in Atlanta for a number of
years with no violations.
Jim Hawkins
Jack Shinall
of existing
on the motion
made a motion the license be approved seconded by Bill Scoggins.
said he would not support the motion because he felt the number
pawn shops was more than adequate for our population size. Vote
carried 6-1 with Jack Shinall opposed.
FORMAL BUSINESS:
(A) Bid opening - playground equipment
Bids for new playground equipment for Brinkley and Askew Parks were opened,
read and recorded as follows:
Leisure Lines, Inc.
Outdoor Construction Co.
Dominica Recreation
Game Time
$11 ,814.00
$ 1,500.00 (installation only)
No bid
$ 9,134.00 + business license fee if
required
$11,361.24 - delivery only
$ 1,465.00 each - installation
$ 9,653.00
$12,437.90
Redwood Leisure Prod.
Miracle Recreation Equip.
Landscape Structures
...
Bill Scoggins made a motion the bids be turned over to the Parks Committee
for their recommendation back at the next meeting. John Steely seconded the
motion which carried 7-0.
(B) Validate petition to annex 3139 and 3143 Atlanta Road
Attorney Camp read the petition to annex property for Mrs. Helen McGee and
Mrs. Ethel B. Lindsey as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) 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 being annexed
being described as follows:
All that tract or parcel of land lying and being in Land Lot 595 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
....
BEGINNING at a point on the north right of way line of Atlanta Road, said
point being 291.5 feet from the north right of way line of Atlanta Road where
it intersects with the east line of Land Lot 596; from said point of
beginning running northwesterly along the right of way of Atlanta Road a
distance of 200 feet; thence northeasterly a distance of 572 feet to the
southern right of way line of L&N Railroad; thence 200 feet along said
railroad right of way; thence southwesterly a distance of 550 feet to the
northern right of way line of Atlanta Road and point of beginning, said tract
containing 2.58 acres more or less.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident in the annexed
area: s/HELEN TERRELL MC GEE AND ETHEL B. LINDSEY
Witness the hands and seals of 60% of the record title holders of the land
described above: s/HELEN T. MC GEE AND ETHEL B. LINDSEY
November 19, 1990 meeting - continued
Jack
set
7-0.
Shinall made
for December
a motion the petition be validated and the public hearing
17, 1990. Wade Lnenicka seconded the motion which carried
(C) Appointments to Parks Commission
Bob Davis
Commission
7-0.
made a motion that Fran Kington be reappointed to the Parks
representing Ward 1. John Steely seconded the motion which carried
Kathy Jordan made a motion that Sarah McDaniel be reappointed to the Parks
Commission representing Ward 6. Wade Lnenicka seconded the motion which
carried 7-0.
.....
other appointments were deferred to the next meeting.
BID AWARDS:
(A) Printer for Finance Department
Jim Hawkins made a motion the bid for a new printer for the Finance
Department be awarded to DP Enterprises, the low bidder at $13,879.20. Wade
Lnenicka seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A)
South
motion
carried
T&T
Cobb
the
7-0.
Uniforms requested a building permit for new construction at 2279
Drive at a total estimated cost of $165,000. Kathy Jordan made a
permit be approved. Bill Scoggins seconded the motion which
CONSENT AGENDA:
(A) Approval of no parking signs on ~Jane Lyle Road
(B) Approval to remove delinquent personal property taxes from active taxes
receivable
(C) Approval of November 5, 1990 minutes
(D) Naming of street Atkins Way
(E) RAD zoning - lift moratorium
....
Jack Shinall made a motion the rules be suspended to add an item to the
consent agenda, seconded by Wade Lnenicka. Vote on the motion carried 7-0.
Jack Shinall then made a motion the first December meeting be moved to
December 10th due to the NLC Congress of Cities Conference in Houston. Wade
Lnenicka seconded the motion which carried 7-0.
Wade Lnenicka made a motion that item (A), no parking signs on Jane Lyle Road
be approved. These signs will be placed along the first 300 feet from Atlanta
Road. Jim Hawkins seconded the motion which carried 7-0.
Wade Lnenicka made a motion that item (B) be approved. Jim Hawkins seconded
the motion which carried 7-0.
John Steely made a motion that item (C) be approved. Jim Hawkins seconded the
motion which carried 6-0, with Kathy Jordan abstaining.
John Steely made a motion that item (D) be approved. Bob Davis seconded the
motion which carried 7-0. This is the short street connecting Concord Road
and North Cooper Lake Road, adjacent to Atkins Pharmacy.
John Steely made a motion that item (E) be approved, to lift the moratorium
on RAD zonings. Jim Hawking seconded the motion which carried 6-1, with Jack
Shinall opposed.
.....
COUNCIL INPUT: John Steely called on Stan Hook for a report from his
department. Chief Hook announced that the Marriott Hotel on Hargrove Road has
offered free first night lodging and breakfast for any family losing their
home from fire, wind or rain damage.
John Steely stated that most of the people here tonight about taxes were from
his ward and assured them that he would always be available to talk to them.
However, he could not change his mind on voting to lower the millage after
seeing the positive results from our Public Safety departments as a result of
November 19, 1990 meeting - continued
the tax increase.
Kathy Jordan called on Larry Williams for a report from the Fire Department
and stated that most of her ward was reassessed last year, and the increases
from reassessments this year were not significant. Mrs. Jordan said she had
not received a single complaint this year about tax increases.
Jack Shinall said if each department were required to cut their budget to
allow a 1.5 mill decrease, it would require a cutback to once a week garbage
and trash pickup. Also, quite a number of taxes in his ward went down this
year and two of the names on the petition had tax decreases of almost 23%.
Others would have had a tax decrease if they had filed for the homestead
exemption available to them.
--
Jim Hawkins said he did not know why Mr. Lee chose the 11 homes in his ward
for his sampling because there are quite a few people in Ward 4 whose taxes
have gone down and an endless number of 10 to 14% increases. Mr. Hawkins
assured everyone that there was not a 62% increase in his ward and the small
sampling he took gave a totally inaccurate picture.
Bill Scoggins said he also felt there were more people helped than were
harmed by the tax increase in his ward. Mr. Scoggins called on Sherry Reavis
and Kathie Barton for reports from their departments.
Laurel Best gave a library report. Wade Lnenicka stated this is the biggest
downtown redevelopment project in the State and it should be a point of pride
for our community.
Mayor Bacon closed by stating there are a lot of positive things going on in
our city now and apologized to those that had large tax increases because of
the reassessments. Smyrna is a good place to live and raise our families and
Mayor Bacon said he was very proud of that.
....
adjourned at 10:10 p.m.
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