August 3/17,1987 Council Meeting
3$
August 3. 1987
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on August 3. 1987 at Smyrna City Hall. The meeting was called to order
at 7;30 o.clock p.m. by presiding orricer 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 or
the press.
Invocation was given by Reverend Michael Wheeler from King Springs Baptist
Church. followed by the pledge to the rlag.
Mayor Bacon recognized Robert Garrett rrom Boy Scout Troop
57 and commended him ror earning his Eagle Scout badge. Robert built a nature
trail around King Springs Park which was dedicated July 4th.
Mayor Bacon also recognized Billy Ray Blocker. candidate ror the Cobb Board or
Education who will be in a runorr election next week.
DEPARTMENT REPORTS; Reports were given rrom Public Works. Library. Parks and
Recreation and Clean City Committee.
PUBLIC HEARINGS;
(A) Variance request - reduction or rront yard setback for addition to Bethel
Baptist Church on Spring Road.
Patterson said Bethel Baptist Church is requesting a variance on the
yard setback rement rrom 75 feet to 17 reet in order that they
expand the a urn. Their existing buildings are 10 and 25 reet from
right or way or Spring Road and the proposed Spring Road Connector will
impact this property. There was no opposition.
John
front
might
the
not
Jim Kington represented the church and said this would be a final construction
project on this site. The church needs extra space because they are growing.
both in the congregation and contributions to the community. Mr. Kington said
the existing educational building is 25 reet rrom the right or way and the
sanctuary is 10 reet from the right or way.
Bob Davis said the
problems with the
seconded the motion
church had submitted a letter of hardship and had no
. and made a motion it be approved. Jerry Mills
arried 7-0.
(B) Variance request - reduction of front yard setback at 2001 Turpin Road.
John Patterson said that John C. Hearst is requesting the front yard reduction
from 30 reet to 15 feet to add an extra room with a garage underneath it on
the side of his house. There was no opposition.
Mr. Hearst said he. his wife. mother in law and 2 sons lived in the house and
needed the additional room. Jerry Mills said this is an older neighborhood
where the existing homes do not meet code requirements. The addition will be
no closer to the right or way than their house is now. Mr. Hearst had provided
a letter or hardship and Jerry Mills made a motion the variance be approved.
Jim Hawkins seconded the motion which carried 7-0.
(C) Show cause hearing - 777 Food Store. 1649 Windy Hill Road.
John Patterson said on the evening of July 24. 1987. an employee or the 777
Food Store was seen selling beer to an 18 year old female. The license was
immediately suspended pending the show cause hearing tonight.
Jin Choi stated he was the attorney representing Mr. Joong J. Lee. the license
holder. Mr. Lee is in Korea and will not return ror several weeks. but his
wife had spoken with him by telephone and it was his request that the hearing
take place tonight and they would waive any request ror continuance. Mrs. Lee
was sworn in by Attorney Camp and under oath. stated that her husband was in
Korea and was aware or what had happened and had told her to hire an attorney
to represent them in the hearing tonight.
Mr. Choi
employee
has been
business
has held
said they were willing to stipulate the fact that a part time
or the store sold beer to a minor and would waive that issue. Mr. Lee
a successful businessman ror many years and has been in the grocery
in DeKalb. Fulton and Cobb and or the dirferent package licenses he
in the past. has had no violations whatsoever. Other than Mr. and
August 3, 1987 - continued
Mr.
there is only one full time employee in the store and
Mrs. Lee hired apa:!:"t-time worker. Mr. Choi stated
in the store 17 a day, 7 days a week and
was absolutely On the day in question,
the store doing and ZmomYe Lee, her part
her to the as she had been instructed
Choi said they had already been without a license ror
and huge promissory notes to pay, which they will not
is suspended. .M::!:".Choi said Mrs. Lee made a
a lesson, but their business could not survive ir
reinstated.
when Mr. Lee
Lee had
not leave
was in
worker,
selling
and
to do
and they
license
beer.
have
if
had
was
not
Zmom was sworn in Camp and said the lady who came in the
store over 30 so ask for any identification. .M:ayorBacon
asked what the legal age is, and she said 21 or 22. Ms. Lee
said had worked in the store since July 21st and Mayor BaconJ;tsked how
many she had asked for identification during those 3 days. Ms. Lee said
most of the time Mrs. Lee was there and she would ask her since she did not
cashier much, but did other things.
Attorney Camp asked Mr. Choi ir all employees of the store had ~een ~pproved
by the police department and Mr. Choi said because of the circtl,Il'l.s>t~<::$s,she
did not have time to have Zmom Ye Lee approved and she was hired only on a
tempgrary basis. Jack Shinall stated that all employees should be
ringerprinted and approved by the police department.
Arter discussion Jerry Mills made a motion that, based on tIle reports
and heard tonight, the license be suspended ror 6 months from tonight
with a one year probationary period. Any violations during the probationary
pel."iodwill callror automatic revocation of the license. Jim Hawkins seconded
the motion. Jack Shinall stated he would support the because
approximately 18 months ago the alcoholic beverage COmmittee held ..a mee.ting to
educate the license holders in the city and he did not remember the Lees being
ror that meeting, and alSorelt the language barrier was no excuse.
Vote..on the motion to suspend the license carried 7-0.
(A)
amendment - Section 9~5, purchasing procedures.
Hugh 'R.agan made a motion that Section 9-5. Purchasing Procedures, of the Code
of Ordinance be deleted in its entirety and replaced with the following
section;
of city
contain
by
dated
in the
policies> and procedures detailing
be published separately. They will, at a
speciric departmental authorities and limitations and must
Mayor and Council prior to implementation of change. Such approval,
pl."ocedues. will be made a matter or record and
of rice.
the
Copies
request ror proposalsIPequest ror bids will ~e
Department and cont}:"olledas determined by the City
same will be made available to Mayor and Council ror review.
through
All city employees
Employees violating
their actions.
are limited by the established policies and
them can be held personally and pecuniarily
local
Where practical, items will be purchased or bids solicited rrom
first. However, items maintained on contract by tIle $tate of
or Administ1:;'atiyeServices, that the City is authorized to
are exempt from further competitive requirements.
Kathy
seconded the motion which carried 7-0.
(B) Approval or purchasing procedures.
the
upgrades
Hugh
presented be
policies and procedures mentioned in the
City's 1956 and 1961 guidelines. It is a
made a motion. the purchasing policies and
approved. Kathy Brooks seconded the motion which
August 3, 1987 - continued
(c) Validation of signatures to annex property at 0664 and 2582 Argo Road in
Land Lot 664.
Attorney Camp read an application for annexation by Julia and Wilma Redding as
ro11ows;
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent or the owners of the land area by acreage, as
described below, which is unincorporated and contiguous to the City or Smyrna,
hereby apply to have said area annexed into the City or Smyrna under the
provisions or laws of the State of Georgia. Said property being annexed being
described as rollows:
All that tract or parcel or land lying and being in Land Lot 664, 17th
District, 2nd Section, Cobb County, Georgia being more particularly described
as follows;
Beginning at an iron p on the southwesterly side or Davenport Road 337.0
feet southeasterly rrom center line or Davenport Road as measured along
the southwesterly side of Davenport. Thence continuing southeasterly along the
southwesterly side of Davenport Road 202.9 feet to a corner, thence south 73
degrees 33 minutes west 105.0 reet to a corner, thence north 10 degrees 00
minutes west 178.0 reet to the southwesterly side or Davenport Road to the
point or beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals or 60% of the electors resident in the annexed
area; s/JULIA REDDING, WILMA REDDING
Jerry Mills made a motion the signatures be validated and the public hearing
set for September 8, 1987. Bob Davis seconded the motion which carried 7-0.
(D) Validation or signatures to annex 75 acres in Camp Highland/Argo Road
area.
Attorney Camp read an application ror annexation or approximately 75 acres in
Land Lots 619, 618, 606, 607, 546, 620 and 617 as follows;
who constitute sixty percent (60%) or the electors
percent or thw owners of the land area by acreage, as
incorporated and contiguous to the City of Smyrna,
id area annexed into the City or Smyrna under the
the State or Georgia. Said property being annexed being
We the undersigned,
resident and sixty
described below,
hereby apply to
provisions of laws of
described as rollows;
All that tract or parcel or land lying and being in Land Lots 619, 618, 606,
607 and 546 or the 17th District, 2nd Section, Cobb County, Georgia, being
more particularly described as rollows;
BEGINNING at a point on the east line or Land Lot 606 where it intersects with
the Seaboard Coastline Railroad and running in a northwesterly direction along
said right or way line or Seaboard Railroad right or way a distance of 379
reet to a point on the west side of Camp Highland Road; running thence south
along the right or way or Camp Highland Road a distance or 95 reet to a point;
thence leaving right or way or Camp Highland Road and running in a
northwesterl ion along the southerly right or way line or the Seaboard
Coastline a distance of 1008 reet 0 the west line of Land Lot 606;
running thence due south along the west line or Land Lot 606 a distance of
1236 reet to a point on the west line or Land Lot 607, said point being 200
feet south or the corner common to Land Lots 546, 547, 606 and 607; thence
northwesterly a distance or 165 reet to the east right or way line or Camp
Highland Road; thence southerly along the eastern right of way line of Camp
Highland Road a distance or 262 reet; thence leaving said right of way and
running southeasterly a distance of 271 reet to a point on the west line of
Land Lot 607; thence running due south along the west line of Land Lot 607 a
distance of 100 feet; thence leaving the west line of Land Lot 607 and running
east at a perpenicular angle a distance of 1260 feet to the west line or Land
Lot 618; thence south along the west line of Land Lot 618 a distance of 658
reet to a point at the corner common to Land Lots 607, 608, 617 and 618;
thence running east along the south line of Land Lot 618 a distance or 698
feet; thence northerly a distance or 198 feet; thence easterly a distance of
200 feet to a point on the west right or way or Argo Road; thence northerly
August 3, 1987 - continued
along said right or way a distanG?. of .99.8 feet; thence leaving said right or
way and running westerly a distance, of 394.9 reet; thence northerly .a>distance
of 195 reet; thence easterly a distance of 440 feet to the east right of way
or Road; running thence northe,rly and northwesterly alongtl':le eastern
right or way of Argo Road a distance or 502 feet; thence leaving the right or
way or Argo Road and running in an easterly direction a distance of 129.5 reet
to a thence northeasterly 220.67 feet to a point; thenceWE?sterly a
distance or 430 reet to a point on the easterly right of way orA+go Road;
thence, continuing alqng said 'l:7ight or way of Argo Road a distance 1047
reet; thence leaving said right qf WaY or Argo Road and running northeasterly
a distance or 220 reet to the east line of Land Lot 606 where it intersects
with the south right of way of Seaboard Coastline Railroad and Point of
BEGINNING.
ALSO. that tract or parcel orlanc1 lying and being in Land Lot. 620 of the
17th 2nd Section. Cobb County. Georgia, being more particularly
described as rollows;
reet
point on the east:!:"ight of way line of Camp Highla:n.d~Qad. 200
commqn to LandLQts 620, 619, 605 and 606; the,:n.9?p.mning
feet; thence nO'l:7theas.terly 90 feet; thence northW?ste,r.lY 206
right of way of Highland Road; thence southwesterly a
or 100 feet along right of way or Camp Highland Road to the
Beginning.
feet
distance
point or
ALSO, all that tract or parce19rland lying and being in Land Lot. 617 of the
17th District, 2nd Section, Cobb County, Georgia, being more particularly
described as follows;
BEGINNING at a point on the eastern side or Argo Road 185 reet
the intersection or Argo Road and Lewis Drive and running
southeasterly direction 288 reet; thence southwesterly 58.25
northwesterly 295 feet to the right of way of Argo Road; thence
along said right of way of Argo Road a distance of 100 feet to the point or
Beginning.
WITNESS THE HANDS AND SEALS OF .60% OF THE ELECTORS RESIDENT IN THE . ANNEXED
AREA; slEUGENE CARSON, BERTHA MAE NICHOLS, HELEN FAYE CHAMBERs, DAVID RANDALL
RICHARDSON, RONNIE D. RICHARDSON, ROSA LEE RICHARDSON, BRIAN ROONEY, CREDA GAY
EDGE . RALPH J . WEST, JAN VOLLRATH, CAROLS. PATTERSON. SUSAN BELL, RONALD
SANDERS. SHERRI J. SANDERS, BRENDA LONG
WITNESS THE HANDS AND SEALS OF 60% OF THE RECORD TITLE HOLDERS OF 'rHE LAND
DESCRIBED ABOVE; s/EUGENE CARSQN. CLYDE FORRESTER, BERTHA MAE NIG:a:O~S, HELEN
FAYE CHAMBERS, DAVID R. RICHARDsON. LAWRENCE H. ELKINS,WIL~:c.A.f\![ GLENN
CANTRE:LI..., E. CAROL WORLEY. BRIAN J. ROONEY, MODDELL NELSON, CREDA GAY EDGE.
MARI.oNWQRLE)", ETHEL ELLIS, RALPH J. WEST, BOBBY T~S:a:ER, E.R. VOLLRATH,
KATHLEEN GILC:a:RIST, ETHEL ELLIS, WILLIAM HARRY & REBECCA MORRl'S, VICTOR A.
DEATON, BARBARA E. CLACKUM, MRS. WALTER R. ELSBERRY, RODNEY & CAROL PATTERSON,
MILTON T. DIXON. SUSAN DIXON BELL, SHERRI J. SANDERS
Hugh
set for
made a
8,
motion the
1987. Jerry
be validated and the public hearing
seconded the motion which carried 7-0.
(E) Ordinance amendment - Chapter 10 1/2, Flood Control.
John Patterson said that the Flood Control ordinance of the City n?eds to be
deleted in its entirety and rePlaced with an updated 1986 model. ordinance
Damage Prevention .ordinance. The new ordinance will promote a
more Flood Hazard area and minimize public and private losses due to
rloOd
Jack
be
made a motion that Ghapter 10.1/2, Flood Cont'l:701 or theiordinance
in its entirety and replaced with a new section. Joel Harrell
motion which carri.ed7-0. Jack Shinall stated that additional
may need to be made at a later date.
(A) TapeS for Dictaphone Recorder in Communications Department.
Bob Davis made
Investment for
carried 7-0.
a motion
the purchase
or $1,770.80 be awarded to Sound
. Hugh Ragan seconded the motion which
Au~ust 3, 1987 - continued
(B) Asphalt ror Rose Garden Park.
John Patterson said the two parking areas at Rose Garden Park are gravel lots
and they need to be asphalted. Bids were secured, with Able Asphalt and Paving
being the low bidder.
Kathy Brooks made a motion the low bid or $1,193.50 be awarded to Able Asphalt
and Paving to be paid rrom CDBG funds. Jerry Mills seconded the motion which
carried 7-0.
(c) Water meter/repairs.
John Patterson said proposals were received ror the city.s supply or water
meters, meter repair parts and meter repair and calibration with 5 bids being
received. Based upon the recommendation of John Patterson, Joel Harrell made a
motion the bids be split and awarded to three difrerent vendors as rollows;
1) Southern Meter supply all 3/4" meter requirements specirically
Precision PMX brand and all precision repair parts.
2) Delta Meter provide all repair parts ror other than precision meters
and all repair and calibration services I" to 10" meters.
3) Davis Meter provide, on as required basis, Master Meters in sizes 1"
to 10".
Hugh Ragan seconded the motion which carried 7-0.
(D) Computer printer.
John Patterson said the existing 3262 printer was purchased with the IBM 34 in
1979 and we have been experiencing on and off problems ror the past year or
so. A system printer is in the new budget and it is the City's desire to
maintain the IBM products because or their high quality and system
compatibility. The 423 nter is a relatively high speed machine with near
letter quality print. printer is available through State contract pricing
at a 20% discount rrom list price.
Based upon the recommenation or John Patterson, Hugh Ragan made a motion the
4234 printer from IBM be purchased through State contract, with the existing
printer to be retained and used ror backup. Kathy Brooks seconded the motion
which carried 7-0.
CONSENT AGENDA; Hugh Ragan made a motion the minutes of July 6, 1987 be
approved as submitted. Bob Davis seconded the motion which carried 4-0, with
Joel Harrell, Jerry Mills and Kathy Brooks abstaining.
Jerry Mills made a motion the minutes or July 20,1987 be approved as
submitted. Bob Davis seconded the motion which carried 7-0.
COUNCIL INPUT; Hugh Ragan encouraged everyone to drop by and visit Doris
Morris and wish her well on her retirement. There will be an open house at the
Library on August 23rd from 2;00 to 4;00 p.m. Hugh also said he was happy to
see Kathy Barton appointed as Coordinator of the Clean City Committee and knew
she would do a g?od job.
Jack Shinall said there would be a public hearing this Friday about the
proposed conversion of Dobbins Air Force Base and he has already sent a copy
or a petition from one of his neighborhoods to Congressman Darden with 38
signatures opposing the proposed use. We do not want the joint use of Dobbins
and the petition is indicative of other homeowners in Smyrna.
Jack Shinall said the Community Development Committee will have a meeting with
all holders or alcoholic beverage licenses on August 12th beginning at 7;30
p.m. This meeting is mandatory for license holders and anyone else wishing to
attend for information purposes only is welcome.
Jim Hawkins said he had received a petition tonight bearing 1262 signatures,
requesting a trarric light on Concord Road at Lamar Circle. Jim said he would
turn the request over to the Public Works Department ror them to conduct a
study and cost or installing a light at this intersection and also determine
the efrect it would have on the flow of traffic on Concord.
August 3. 1987 - continued
Jim Hawkins said that due to the growth of the City, there
problem with communications in our police department. When cars
patrol the south side or the .Gity, there are "dead spots" are
unable to make radio contact with the base station and this isaY!a:!:Y serious
condition. $6,.00.0 was budgeted ror two additional towers and Jim said we hoped
to ha.ve this problem resolved within the next few weeks.
Jim Hawkins said the 1986-87 budget contained 6 additional police.Qf:f::L~ers and
he would be calling for a committee meeting soon to get approvaliinmoving
ahead and rilling these positions immediately. Jim said the police department
is somewhat under starfed now.
Jim said he would like to see a permanent policy in place or orfering
a $5.0 reward for inrormation lead::Lng to the arrest or littering.
Jerry .M:ills said he had received <:I.. request for 4-way stop signs at Knoll and
Turpin Roads since a child was hit by a car there recently and made a motion
the rules be suspended. Jim Hawkins seconded the motion which carried 7-0.
Jerry Mills made a motion 4-waY stop signs be placed at the intersection of
Knoll and Turpin Roads. Jim Hawkins seconded the motion which carried 7-0.
Joel Harrell said the Public Works Committee would soon be having a meeting to
study the drainage reports p~epared by Foxworth-Swirt. Also. Joel asked
everyone to bear with us during the construction work going on allover the
City. These are local, county and state projects.
Mayor Bacon said Evan Wix finished 4th in the high jump and Casey rinished
9th in the shot put during the National Junior Olympics recently held in Utah
and congratulated them. Also on August lath, a group or Smyrna girls will
leave for the Junior Olympics and their trip will be totally runded through
donations.
said he would be making.a statement this Friday abouttlleproposed
or Dobbins and he was also very much opposed to any changes there.
invited to attend this hearing which will be held at the Marietta
With no further business, meeting adjourned at 9;38 p.m.
MELINDA DAMERON, CITY CLERK
JOEL HARRELL, WARD 2
************************
August 17. 1987
scl1eduled meeting of
Hall. The
Mayor
Attorney
Dameron and
and Council was held August 1.7, ..1987 at
called to orde~ at 7; 3.0 0 'iClQck p. m. by
. All council members were present. Also
Camp, City Administrator John Patterson,
or the press.
was given by Reverend Richard Hemphill, pastor or Trinity Baptist
followed by the pledge to the flag.
August 17, 1987 - continued
CITIZENS INPUT;
Nothing to report.
Mayor Bacon said that Doris Morris would be retiring as Librarian ror the City
efrective the end of this month and presented her with the traditional crystal
jonquil. All members of council wished Doris well in her retirement and Hugh
reminded everyone of the reception August 23rd at the Library in her honor,
with the public invited.
Reports were given from the Fire. Police and Community
s.
PUBLIC HEARINGS:
(A) Annexation of 4.9162 acres at Atlanta Road/Jane Lyle Road.
John Patterson said that Marion Blackwell, Jr. has requested the annexation of
4.9l62 acres at the southeast corner of Atlanta Road and Jane Lyle Road. There
was a large group in opposition and 6 people representing the group were sworn
in by Mr. Camp. Mayor on reminded everyone that this item on the agenda
addresses the annexation 0 . and has nothing to do with the rezoning.
Ralph Hancock said his objections are not just based on this property tonight,
but are based on the f that the City recently annexed the Post Properties
tract adjacent to he was concerned that the City would continue
annexing along Atlanta Road and the entire area would become over developed.
Also, he was afraid that Jane Lyle would be used as a short cut to Springhill
Road once it was realigned to tie into Ridge Road. Mr. Hancock said he relt
it would become a disaster ir this area between Campbell Road and Oakdale
became all commercial. Also, he felt the applicant should submit a complete
development proposal ror the area and requested the annexation be postponed
until that could be done; if not, then reject it.
Richard Roberts or Cumberland Drive said he was opposed because of trafric
congestion and the uncertainty or the plans by Post Properties for their exit
onto Jane Lyle Road. Jack Shinall asked Mr. Roberts how the annexation could
be detrimental to him. Mr. Roberts said without knowing the answer to the
rezoning question. he really could not answer that.
Terry Howell of Cumberland Place said he was opposed because he did not see
how it could be in the interest or the City to acquire a vacant piece or land
with a delapidated structure on it that could be a danger to the community.
Also, the property has not been purchased ror the new right of way of the Jane
Lyle re-alignment and it was his understanding in talking with the County
transportation depar that the annexation or this property would make
right of way acquisi ~on more difricult. Also. the annexations in this area
have only caused confusion with police and rire vehicles responding to calls.
Gerald Sams said he was opposed because he did not feel that the City had the
interest of the residents in the area at heart and he would rather the City
did not annex any more of that area.
Joel Harrell said there had been a good bit or discussion tonight about the
Post Properties annexation and the biggest concern most people had was with
land use, rather than with the trarfic through the area. Joel said the
opposition here tonight was a little weak. We do not annex property unless the
owners request it and as rar as not having the interest of the residents at
heart, there was a 1 y meeting with homeowners and representatives or Post
Properties before th zoning was approved. Joel said he could see no reason
why this property should not be annexed and made a motion the annexation be
approved, to become a part or Ward 2. Jim Hawkins seconded he motion. Hugh
Ragan said he would vote against the motion, primarily because he was opposed
to the rezoning. Vote on the motion to annex the property carried 6-1, with
Hugh Ragan opposed.
(B) Rezoning request - 4.9162 acres at Atlanta Road/Jane Lyle Road rrom R-20
to General Commercial.
John Patterson said that Marion Blackwell has requested rezoning or this
property rrom R-20 to General Commercial. To the north. south and west of this
tract is R-20 zoning, with the RM-12 tract to the north. There was a large
group in opposition and two additional people who did not speak during the
annexation hearing were sworn in by Mr. Camp.
August 17, 1987 - continued
Jacobsen represented Marion Blackwell in the zoning
Road Associates now owns the property and it is not
Th~y are seeking a. G"meral Commercial zoning becaus.e they
::Ld~ally suited r9r.CQmm.~rcial development andwou14>nqt support
d~velopments. Atlant,a:e.oad is a major public thorQughfare and
advised by the St<:lt~ pepartment of TransportatiO!lthatthere
24,000 cars a day using Atlanta Road. It is planned for
expansion to four lanes in the near ruture and all new construction recently
has eith~rbeen ror commercip.l. or multi-ramily. There has not new
single family construction in this area for quite some time. Mr. said
he relt their development would rill a need that will be created Post
Properties development and it would not disturb the existing
There is a very preliminary plan by the county ror the extension
and realignment or Jane Lyle to tie into it but Mr.
preliminary and that should not be used to deprive them or the use or
the ev~nt the realig~entqf Jane Lyle does take
plan as sho~tQnight and would be willing
the departm~nt()ftransportation. The
bisecting their property which would
one-haIr acre, which the Department of
to compensate them for. The alternate
and reduction or the si~e of the buildings and
Atl.anta Road from. 2- .to 1. Mr. Jacobsen said that
be at some future date to accommodate the alternate
Mr. said they relt General Commercial would allow
best .la~~ or the property and..<l.::i.d . not think it could be feasibly
or constitutionally used ror single family development.
Road
it is
their
have
an
shows
taking
Tranl';Po:!:"tation
plan shows the
or
would
plan.
and
economically
any
the
or
a.sked if they had cOt'l.s:i,4~red another zoning classification. Marion
said .he did not hayeiany tenants for the developmentnq",but they
want to limit themselves and have a project they could not rinish or
Shinall asked about single family zoning and Mr. Blackwell said
sU't'rounding environment of Atlanta Road would notP~ ideally
l';::Lngle family. Their intentions are to develop the property
rather than :!:"ight away, would like to wait a few more
ion is made apolat the road realignment.
Joel Rarrell asked ir they could develop the property without variances. Mr.
they were not reqla~sting variances tonight but they will not be
the alternate pl<:ln presented tonight without variances. Mr.
said they would like tQ build a shopping center similar to Vinings
8 to 10 tenants and maybe a branch bank.
said it appearedMr.nlackwell bought the property ~nqWing about
for realignment or the road because there were seyeral.public
about the Ridge Road extension. Mr. Sams said he thought the
be denied because the plans are still tenative ror the road
Beverly Howell said no mention had been made or the original plan ror
development; they have only seen the alternate plan. Mrs. Howell said she was
concerned bufrers, trarfic and there was some question about the zoning
affecti!lg price of the land ror the right or way acquisition.
Lee Browning said she was opPQse<l because she relt the applicants were
speculating and their development would detract rrom the value or the
surround.i!lg homes. Ms. Browning>s,g,i4 she thought their application.ror zoning
was premature since definite plans ror the Ridge Road extension have not been
approved.
Richard
for a
Roberts
that if
back
of way
Roberts spoke in opposition because of traffic, and the
light at the intersection arter the. road improvements
said ir the zoning was approved tonight he would like
the property is not deve*oped by the current owners, it
R-20. Mr. Roberts also asked if they were willing to donate
the project.
Terry Howell said
speciric Plans ror
many uses allowed
prerer mUlti-family
he was opposed because the applicants do not. have any
the develOPment and because of that was concerned with the
under General Commercial. Mr. Howell said he would also
zoning over GC.
Ralph Hancock said he had been assured as late as today that Atlanta Road will
derinitely be widened and Jane Lyle will be realigned. Trarfic is no real
August 17. 1987 - continued
concern because Mr. Hancock said he did not think the shopping center would be
a success. The plans presented tonight will be wall to wall concrete, with no
room for proper landscaping and they have already stated that variances will
be required for development. Mr. Hancock said ir council deemed rit to approve
the zoning, then he would suggest they place very stringent stipulatons with
it. Mr. Hancock said it was not suitable for R-20, but there was a type of
residential housing for which this land would be appropriate.
Joel Harrell asked Mr. Jacobsen if they would agree to a stipulation that a
minimum of 15% or the area be landscaped and that a bond of 60% of the value
or the land be posted ror 18 months to ensure that there would be proper
vegetation. Mr. Jacobsen said their plans are to build something aesthetically
pleasing but because or the uncertainty of the road improvements did not know
how much land would be lert for development. They would be willing to submit a
landscaping plan and would landscape as part or the development, but they
could not commit to the 1 ping in terms of percentages because that would
become rinancially impossible. They were willing to stipulate that they would
not allow any noxious uses on the property.
Jack Shinall asked if they would be willing to sell the right or way ror road
improvements at the price they paid for the land. Mr. Jacobsen said his
understanding of condemnation law was that the condemning authority and jury
were supposed to c 1 reasonable uses or the property and he thought
they would deem the le use or this property for commercial zoning.
They want a reasonable return rrom the Department of Transportation for their
property and he thought that is how a condemnation case would be viewed.
After lengthy discussion, Joel Harrell said he thought this was a better
suited rezoning t e approved at the last meeting ror Post Properties.
There are a lot of nties about the Jane Lyle improvements and because
or the concerns with the GC category, there were certain stipulations that
could be aced on the property to satisry those concerns. Joel Harrell made a
motion property be rezoned from R-20 to conditional General Commercial for
a strip shopping center and/or one-story office building subject to the
realignment of Jane Lyle/Cumberland Drive through subject land. For the
purposes of this rezoning, the proposed shopping center use of the land shall
mean that it will not include any free-standing convenience stores or service
stations. Also. that no construction will commence on this land ror a period
or 9 months from today or until the realignment and right of way for the
relocation shall be worked out with the Department or Transportation. The
rinal curb cuts will be subject to approval or the City Engineer. Building
will be or a mas construction and be or a style that will be subject
to rinal review val of the City Engineer. Landscaping plans will be
reviewed and app ity Engineer and the developer shall post a bond
of 60% or the cost ror a period or 18 months to ensure proper
establishment or plants The developer will also be responsible for all
sanitary sewer connections rrom the site to the nearest collector. Jerry Mills
seconded the motion.
Hugh Ragan said he would oppose the motion because he relt the the GC category
was too broad. Also, the ruture land use plan calls for this area to be
residential and it is surrounded by residential. The developer stated tonight
that variances will be required ror development at a ruture date and because
or the uncertainty of the road, relt it may create potential safety problems.
Jim Hawkins said he had a good reeling about the zoning berore tonight but was
or the opinion that there was too much uncertainty and would also oppose the
motion.
Jack Shinall said he. too, felt that there were too many unanswered questions
about the development and would also vote in opposition.
Vote on the motion to approve the zoning failed 2-5. with Jim Hawkins, Jack
Shinall, Hugh Ragan, Bob Davis and Kathy Brooks opposed.
Mayor Bacon said there were several people here tonight for building permits
and rather than detain them any rurther requested that those items be moved up
on the agenda.
COMMERCIAL BUILDING PERMITS;
(A) E. C. Price Contractors requested a building permit for construction of a
car wash at 1625 Smyrna Roswell at a total estimated cost of $50.000. Hugh
August 17, 1987 - continued
Ragan made a motion the permit be approved. Jim Hawkins second~d
which carried 7-0.
motion
(B) I)eveloprtlents reque;;t~q. a building permit ror a 15,OOOsql.:l.are foot
at 822 Concord Road .q.t a total estimated cost qr $510,000. Jim
a motion the permit be approved. Jack Shinall seconded the motion
which carried 6-1, with Joel Harrell opposed.
(c) O.Neill Development requested a building permit for construction of a
9,870 square root retail center at 3231 South Cobb Drive at a total estimated
cost or. $350,000. Jim Hawkins made a motion the permit be aPPF9ved. Jack
Shinall seconded the motion which carried 6-1, with Joel Harrell opposed.
(D) Nichols Grqup requested a !:mild;ing permit for construction or a 3,000
square .foot of rice building on Hunter Street at a total estimated cost or
$l.29.000..Jim .Hawkins made a motion the permit be approved. Jerry Mills
seconded the motion which carried 7-0.
(E) Yogi Walker Builder requested a building permit for construction or a
p1;"inting sh9p on South Cobb Drive at a total. estimated cost of $345,000. Kathy
Brooks made a motion the permit be approved. Hugh Ragan seconded the motion
which carried 7-0.
(F) City Group, Inc. reqW?s;t~d.
story 9rrice building at 2233
$5,985,000. Bob Davis made a
seconded the motion which carried
a bl.:l.ilding permit for construction of a 5
Lake Park Drive at a total estimated cost or
motion the permit be approved. Jack Shinall
7-0.
Scott Jacobsen asked to speak to council again concerning the 1;"ez;oning just
denied ror his prqperty at Atlanta Road and Jane Lyle Road. Mr. Jacobsen
requested that council re-cons(icie.:t" th~annexation appoved earlie+,;;incethey
reltthey had been deprived or tl:l~ con.5(titutional. use of their prqp.erty. After
discu;;siqn. Mayor Bacon told Mr. Jacobsen this issue would be addressed at a
later date, and not tonight.
(c) Rezoning request property at Concord Road & Legion Drive from Future
Commercial to General Commercial.
said that Mr. ~obby James is requesting that parcel be
a 1;"estaurant/ofrice building, to become the ruture home or Bill's
There was no opposition.
this was a one acre site at 1184 Concord Road, directly in
American Legion. 'l'hey P1;"9POS~ to put an 11,625s;quare root
brick front. Bill's.R~staurant will occupy about 1/3 or the
remainder willbe;.l~ased. M+,. James said at this time he has
shop and discount a1:l.toparts store that are interest~din leasing
They have a landscaping plan and will utilize the existipgcurb cut
Road and would also like to have a curb cut on Legion Drive. Mr.
they would also be willing to put a fence around the. dumpster so
not be visible from the Legion and would have a planted burfer.
a
rrom him.
on Concord
James
that
Jim ~.q.Wkins made a motion the zoning be approved with the rollowing
stipulatons;
1) All sides or the building be bricked, and the dumpster be enclosed on
three sides with a 10 root wooden rencel
2) That a maintenance bond be provided in the amount of 60% of the total
landscaping cost ror 18 months.
3) That a 35 foot building line be used on the back or the property line
and a 10 foot building line be used on the side line adjacent to the American
Legion property.
Jack Shinall seconded the motion which carried 7-0.
(D) Variance request - 2976 South Cobb Drive - reduce lot width from required
100 feet to 0 feet.
John Patterson said
construction or an
that Billy Askea
orfice/warehouse on
is
a
requesting this variance to allow
parcel which abuts his existing
AUl?;ul>t17, 1987 - continued
deve;Lopment. building will be similar to the buildings that are presently
located on Askea Industrial Drive. There was no opposition.
other access to this property and since it did not
as reql.li+E~d, would be land locked if the
said he owned all the adjacent buildings
are no other property owners afrected.
With
Hugh Ragan
Shinall made a motion the variance be granted.
motion which carried 7-0,
(E) Variance request -2365 Belmont Circle - reduce required 50 root burfer
adjacent to residential property to 10 reet.
John Patterson said that
variance ror construction
parcel is presently zori~d
apartments which is zoned
was no opposition.
Hugh Miller of Miller Vending is requesting this
or a building to support his vending business. The
General Commercial but it abuts Belmont Park
residential and requires a 50 foot setback. There
Mr. Miller said his business has been behind Belmont Hills for 5 years and
they would like to constr~eta new building to provide the room they need and
which will also be complimentary to the City. They sent a registered letter to
Belmont Park apartm~l.l;S. ..r~9.1.lesting their approval or the variance but have
received no responSe..M:::p'ii.M:iller said they have already agreed to placing a 6
root opaque rence alongtPe .arrected property line and had not made a derinite
decil>ion on the riniSh<of the exterior or the building. Kathy Brooks said in
reviewing the plansa1l,dtalking to the City Engineer, they would require that
3 sides or the bui14ing l;>e some type of masonry siding since the building will
be visible rrom Cherokee Road arter the widening.
Arter discl.lssion Kathy Brooks made a motion the variance be approved
with the stipulations <that as ml.lch landscaping as possible be provided with a
6 foot opaque rence on 1;he north side, and that a masonry rinish of some type
be provided on ..:3 sidel><or the building subject to approval of the City
Engineer. Joel Harrell seconded the motion which carried 7-0.
(F) Variance request
reet to 10 feet.
2096 Alanta Road - reduce rear yard setback rrom 30
John Patterson
property owner
convenience
request. The
rrom the curb
canopy over the
request. There
V. Ferguson is representing Soo P. Bang as
request ror construction or a Fitzgerald
owner to the rear does not object to the
be situated to facilitate a smooth trarfic flow
Road and Pat Mell Road and the placement of the
alignment or the buildings necessitates this
Ms. Fe:!:"guson presented pic::tures of the convenience store they were proposing
which will contain 2500squ;3.re reet. Their goal is to provide a full service
convenience store rather than just beer, wine and snacks. The canopy and
building is positiOned at angle to allow a smooth trarfic rlow from both
streets. Ms. Ferguson l>;3.i4tpey were also willing to donate the right or way
needed to improve theil.ltersection or Pat Mell and Atlanta Road to provide ror
more of a 90 degree angle.
Hugh Ragan questioned the hardship based upon the first set or plans submitted
which shows a 1500 sql.,taJ::"e root building instead or the 2500 square foot
bl.,tilding they arere.ql.le~tiug tonight and said the hardship appeared to be
rinancial. Ms. Fergusolll>aid she did not know if they would consider building
the 1500 square root bu:i..lding and if they did, was not sure they could
position the buildings and eliminate the need for the variance.
Following discussion, Kathy Brooks made a motion the variance be approved.
Jack Shinall seconded the motion which carried 6-1, with Hugh Ragan opposed.
(G) Variance request - 2610 Cobb Parkway - reduce minimum front yard setback
rrom 40 reet to 20 reet.
Oil Company is requesting this variance to tear
at the corner of Hargrove and Cobb Parkway and
a double rrontagelot with rrontage of Hargrove
existing gas canopy is 16 feet rrom the property
August 17. 1987 - continued
line along Cobb Parkway and the exising store is approximately 9 feet from the
property line along Hargrove Road. The new racility will not encroach into the
setback on Cobb Parkway as the existing building does.
Phil Molton and Ken Giannoni represented Tenneco and there was no opposition.
Mr. Molton said the existing store is an aging facility that has been there
ror about l5 years. It was scheduled ror a tank and line replacement and they
decided to completely rebuild with a structure that would be much more
attractive. The proposed building will be 20 feet from the property line and
they will meet all other setback requirements.
Following discussion, Bob Davis made a motion the variance be approved. Jerry
Mills seconded the motion which carried 7-0.
(H) Approval to close and abandon dead end of Argyle Drive.
Joel Harrell made a motion this be tabled to the next meeting. Jack Shinall
seconded the motion which carried 7-0.
FORMAL BUSINESS;
(A) Set qualirying date and qualifying rees ror election.
Hugh Ragan made a
election be set for
Qualifying ree for
Hawkins seconded the
motion the qualifying dates for the November 3. 1987
September 21, 22, 23 from 7;00 a.m. to 5:00 p.m. each day.
Mayor will be $252.00 and ror council seats. $171.00. Jim
motion which carried 7-0.
(B) Appointment of Election Superintendent.
Hugh Ragan made a motion that Linda Smith of 3844 Lake Drive be appointed as
Election Superintendent. Kathy Brooks seconded the motion which carried 7-0.
BID AWARDS;
John Patterson said
Community Development
Chevrolet be approved.
that bids
Department
were recently received for a vehicle for the
and recommended the low bid from Days
Jack Shinall
approved for
carried 7-0.
made a
a 1988
motion the
S-lO Blazer.
low bid or $11.686 from Days Chevrolet be
Joel Harrell seconded the motion which
CONSENT AGENDA;
(A) SAA Opening Day parade, August 22nd
(B) Change date of first September meeting to September 8th
(C) No parking signs at 1722 Napa Valley Court
Kathy Brooks made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT;
Bob Davis congratulated members of the Smyrna Fire Department who received
awards at the State convention recently.
Jim Hawkins
tattoos ror
reported in
Department.
said there have been reports in parts of the county of rub-on
children on the market that contain LSD although none have been
Smyrna. The tattoos can be tested ror drugs at the Smyrna Police
Jack Shinall
sales in the
the community.
said we have also been receiving reports of fraudulent insurance
City and warned people of that, especially the older people in
Jack Shinall said the Alcoholic Beverage committee met last Wednesday and
there were 53 of 56 holders of alcoholic beverage licenses present. It was a
good meeting and Jack reminded everyone that sales of alcoholic beverages to
minors will not be tolerated in the City.
Jack Shinall reported the unsightly house at the corner or Powder Springs and
Guthrie Street would be torn down soon.
Auftust.17, 1987 - continued
H~gh Ragan reminded everyone that our police orricers have been instructed to
write tickets ror violations or speeding, running stop signs and improper
operation or vehicles because we still get many complaints.
Attorney Camp congr~tulated Mayor Bacon on his recent appointment as
Postmaster or the Mableton Post Of rice.
Mayor Bacon said the zoning decision tonight was a good example or how the
City does not make deals with developers; they have to take their changes on
these decisions based upon evidence presented.
With no rurther business, meeting adjourned at 11;07 p.m.
HUGH