June 2/16, 1986 Council Meeting
June 2, 1986
The regular meeting of Mayor and Council was held pursuant to the Charter
on June 2, 1986 at Smyrna City Hall. The meeting was called to order at
7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members
were present. Also present was City Attorney Charles E. Camp, City Clerk
Willouise Spivey, City Administrator John Patterson, Assistant City Clerk
Melinda Dameron and representatives of the press.
Invocation was given by Reverend Lamar Whitener
Church, followed by the pledge to the flag.
from Welcome All
Baptist
CITIZENS INPUT,
Glenda Watson requested approval for
Bethel Baptist Church. Mayor Bacon
plans with Police Chief Little.
a Vacation Bible
asked Mrs. Watson
School parade
to coordinate
from
their
Ken McIntyre, a Dunn street resident, requested approval to
portion of Dunn Street between Leg ion Drive and Hunter Street
party June 21st from 5: 00 p.m. to midnight. Mayor Bacon said
no objections and asked him to contact the Police Department
aware of their plans.
block off a
for a block
council had
to make them
DEPARTMENT REPORTS: Department reports were given by the Clean City Committee,
Parks and Recreation Department and Library.
PUBLIC HEARINGS:
(A) Annexation of 93.01 acres in Land Lots 624, 625, 673, 674 and 695 between
Ridge Road and Cooper Lake Drive.
Joel Harrell made a motion the Roy L' Daniell property
City, the legal description having been read into the
21, 1986 meeting, to become a part of Ward 2. Jack
motion which carried 7-0.
be annexed into the
minutes of the }\"pril
Shinall seconded the
(8)
R-15,
Rezoning of 93.01 acres between Ridge Road and Cooper
C.F. and R-20 to R-15, Office/Institutional and RMC-8.
Lake
Drive
from
Roy L. Daniell requested rezoning of the property just annexed and was
represented by Paul Griggs with Hensley-Schmidt. There was a small group
in oppositon and representatives of both sides were sworn in by Attorney
Camp.
Mr. Griggs said they were asking to rezone Tract I, a 53.26 acre tract to
R-15; Tract II, a 20 acre tract to RMC-8 and Tract III, a 19.75 acre tract
to Off ice/ Institutional. Mr. Griggs said the single family homes will be
comparable to the other homes in the surrounding area and there are no plans
for pre-fabricated construction. They will use all underground utilities.
One curb cut on Ridge Road is proposed, but this is subject to further
engineering study. Water and sewer service is currently being furnished
to the property.
The RMC-8 development will consist of a possibJ.e 120 units, all brick with
slightly more than 2,000 square feet of living space. For security, they
will have a controlled gate at the entrance. Mr. Griggs said they also would
provide a 100 foot buffer in the area abutting Charleston Place and the
remaining buffers would be consistent with our ordinance. The minimum selling
price of these units would be $130,000. Mr. Griggs said they were proposing
one curb cut from Cooper Lake Drive and all roads and utilities within the
development would remain private. Acceleration/deceleration lanes will also
be provided if the engineering studies indicate a need for them.
The 19.75 acre tract designated for O&I will be developed strictly as off ices
and a portion of this tract is already zoned commercial in the county_
Ann Kirk spoke in opposition and said there are no other R-15 homes in the
area and they would have to insist that this development be comparable to
Cedar Cliffs III and Charleston Place. They also wanted assurance that the
roads between the three different phases would not be inter-connecting in
any way. They also wanted a guarantee that there would be no pre-fabricated
homes and wanted adequate flood control and water retention.
Mark Accetturo
made about the
discussion about
said
in the
for R-20
not been
been s orne
designated
definite plans had
development. There
development within
still
has
the
of Charleston Place
dead end streets
selling off lots
June 2, 1986 - Continued
100 foot buffer and they would prefer
those in Charleston Place instead of the 100
the development
foot buffer.
equal
of
homes
Alan Bachrach of Charleston Trail said his home is downstream of
from this development and he was concerned with erosion control.
almost at flood level now and have spent a considerable amount
on rip-rapping, etc. to prevent further erosion.
the creek
They are
of money
Curt Smith spoke in
was not convinced that
oppositon due to the traffic
the proposed cul-de-sac's would
and
also
on Ridge Road
remain closed.
David
in the
Barton said
area and R-20
he was concerned about
development would better
maintaining quality developments
guarantee comparable homes.
and their
was with
involved
Earl Dodd said he appreciated the concern of everyone involved
desire to protect the surrounding property owners. His concern
the cul-de-sac's also and would like to be able to continue being
in this proposed development until this question is resolved.
see if it would be
lot of consideration
have an answer before
increasing the buffer
Mr. Daniell said they had drawn preliminary plans to
possible to develop the buffer area into lots and a
has gone into this matter. Mr. Daniell said he would
any construction began. Also, they would consider
to 75 feet where the development abuts the R-30 homes.
After further discussion, Joel Harrell
93 acres owned by Mr. Roy Dan iell in
lying between Ridge Road and Cooper
to the following'
made
Land
Lake
a motion to re-zone approximately
Lots 624, 625, 673, 674 and 695,
Drive from R-15, C.F. and R-20
Road, Cedar Cl iff s Subd iv is ion,
and Charleston Place Subdivision
Preliminary Rezoning Master Plan
Hensley-Schmidt, Inc. and made
R-15 subject to the following
1) Approximately 53 acres bounded by Ridge
Phase XII, the creek disecting the property,
(subject property shown as Tract I on the
dated 4/28/86 revised 5/29/86, prepared by
a part of this rezoning) to be rezoned to
restrictions:
no
a) One
individual
on Ridge Road
have a driveway
the
subdivision
to be the entrance
entering Ridge Road.
to
curb cut
lot will
b) All houses
cooled floor space.
to have a minimum of 2,000 square feet of heated and
c) All homes to have a two car garage
be used to calculate minimum floor space.
garage area shall in no case
d) All utilities in subdivision will be underground.
poles
e) Street lights to
subject to City Engineer's
be installed
approval.
in
subdivision
fiberglass
using
f) All homes to be comparable to homes
Place and Legend Heights.
in Cedar Cliffs,
Charl.eston
2) Approximately 20 acres shown on the Preliminary Rezoning
by Hensley-Schmidt. Inc. as Tract II to be rezoned to RMC-8 for
of townhouse condominiums subject to the following restrictions:
Master Plan
the purpose
a) A 100 foot wide landscaped enhanced buffer along the common property
line with the subject property and Charleston Place at the end of Laurel
Creek Trail. It is further understood that prior to issuing any building
permits for this total development that an alternate plan will be investigated
and a report presented to the City on such plan. It is the intent of this
alternate plan to investigate the possibility of extending Laurel Creek
Trail in such a manner as to complete the street and so the subdivision
and to construct single family homes between now existing Charleston Place
and the proposed condominium development. The spirit of acceptance by the
City of the alternate plan is to complete the street and the subdivision
with compatible size lots and houses and to meet the same covenants as the
adjoining Charleston Place subdivision.
b) The area of the subj ect property at the end of
'l'rail and Laurel Ridge Trail shall be planted with a dense
in order to screen the proposed retention area and recreational
existing Shamrock
landscape screen
facilities.
to
c)
One curb cu t
on Cooper Lake
Drive with acceleration/deceleration
lane.
d) Property owners association to be formed for the condominium project.
e) The condominium clevelopment to be a private development w.ith the
not taking ownership of streets or utilities.
f) Proposed Phase I of the condominium
approximately 35 units. Units to be constructed
Mr. Daniell and will have a minimum of 2,000 square
of building to be totally brick on all four sides.
development to
as per plans
feet per unit
consist of
submitted by
and exter ior
g) All utilities to be underground.
3) Approximately 19
by Hensley-Schmidt,
fQllowing restrict
shown on
Tract III
the Preliminary Rezoning Master
to be rezoned to 0&1 subject to
Plan
the
as
a) A
entire parcel
50 foot shall be placed along
said buffer shown on Master Plan.
the
line
property
around
b)
One
curb
on Cooper
cut
Lake
Road
with
acceleration/deceleration
lane.
proposed internal
not be
alignments and
Fire Department,
or roads f or each of the three subj ect
Each area shall be self-contained. All
are subject to final approval by the
Police Department and Public Works Department.
areas
street
City
Jerry Mills seconded the motion which carried 7-0.
Annexation of 0.36 acres at 2284 Belmont Circle.
Brooks made a
City to become
made a
the mot
at 2284 Belmont Circle
6, the legal description
the May 5th meeting.
property
of Ward
minutes of
carried 7-0.
be annexed
having been
Jack Shinall
of 7.62 acres
in Land Lots 339,
340,
381 and 382 fronting
Road.
made a
Ward 7,
of
7-0.
motion this
the legal
the April 21,
property be annexed into the City to
description having been read and made
1986 meeting. Jim Hawkins seconded the
become
a part
motion
Rezoning of 7.62 acres on Concord Road from from R-15 to General Commercial.
John Patterson said
property which fronts
The property will be
Rem Bennett
Concord Road
subdivided into
has
just
12
requested the
east of North
commercial lots
rezoning of this
Cooper Lake Road.
for development.
a
Bennett said
cul-de-sac at the
torn down
with rock
Mr. Bennett
type in the
this question would
Hugh Ragan said that
if he would have
Mr. Bennett said he
to have one street into the development with
are two houses on the property now but they
property divided into 12 lots. Buildings will
fronts and some of the lots would be developed
had a lot of interest for a development
is not now available to the property
to be resolved before construction could
General Commercial is a very broad classification
any problems with placing restrictions on the
would have no problem with that.
sa not really opposed to the rezoning but always felt
to give R-20 zoning and was also concerned since General
ial is such a broad classification. Mrs. Brissey said the two houses
on the property def ini tely need to be removed since they are an
eyesore.
some discussion
curb cuts on the
one. Also he
ion lane
would create a
concerning curb cuts and Mr. Bennett said there
p;J:'operty now and he did not want to be restricted
it would be feasible to have an acceleration/
none on Concord Road and it seems that
June 2, 1986
Continued
After further discussion Hugh Ragan made a motion the zoning be approved
with the stipulation that the following uses not be permitted, automobile
repair including body paint, glass shops, mobile home and travel/trailer
sales, produce stands and open air markets, taxi stands and dispatching
agencies and service stations (gas stations). Second, that the plat of proposed
development is cons idered to be prel iminary and approval of the final plans
will be made by the City Engineer, including the question of curb cuts and
acceleration/deceleration lanes along with the size of the lots. Third,
while we fully anticipate having sewer available in this area in the near
future, no absolute decision has been made and the discussions they have
had are not intended as a firm promise. Jack Shinall seconded the motion
which carried 7-0.
(F) Rezoning request for 0.39 acres at 653 Powder Springs Street from R-15
to RD-4.
John Patterson said that William C. Davis had requested rezoning of 653
Powder Springs Street for a quadraplex. This property abuts James House
Apartments to the west with General Commerc ial to the south and res idential
to the north and east. Lot size and setback requirements are adequate.
There
that
that
were two people in the audience in opposition and Kathy
Mr. Davis has requested that this application be withdrawn and
he cannot re-apply for another 12 months.
Brooks said
understands
(G) Home occupation license - 1880 Shenandoah Valley Lane.
John Patterson said that Debbie and Heidi Anderson have requested approval
to operate a service agency from their townhouse at 1880 Shenandoah Valley
Lane in the Cumberland Townhome development. The service will consist of
providing personnel for baby sitting, house and pet sitting, house cleaning
and care for the elderly.
Jerry Mills asked if there was a homeowners association in the development
and the answer was no. Ms. Anderson said their business would consist of
having a registry of peop.le to provide these services to their clients and
all their business will be transacted by telephone. The people on the registry
will be bonded, fingerprinted and at least 3 personal and busj.ness references
checked. These people will also be personally interviewed at a location
other than their home on Shenandoah Valley Lane. They both have worked for
a similar agency the past 3 years on a part time bas is and have never had
any problems. Ms. Anderson said the people who use her service are reputable
citizens who are willing to pay well for their service. Jerry Mills asked
Attorney Camp if the City would have to assume any liability if they approved
the license and Mr. Camp said they would not.
Jerry Mills said he generally was
licenses but made a motion this
the motion which carried 7-0.
not in
request
favor of issuing
be approved. Jim
home occupation
Hawkins seconded
FORMAL BUSINESS:
(A) Amendment to Section 1505 of zoning ordinance.
John Patterson said our existing zoning ordinance requires a sign not less
than 12 square feet which is quite cumbersome and a size not actually required
to meet public notice needs. Mr. Patterson said our current sign we are
using measures .1' x 10" x 2' 4" or 4.28 square feet and we need to standardize
our signs to a common size. Jack Shinall made a motion that Section 1505
of the zoning ordinance be amended to change the square footage requirement
from l2 square feet to 4 square feet which would read, "signs not less
than 4 square feet will be posted."
Joel Harrell seconded the motion which carried 7-0.
(B) Amendment to Section 11-23,
Property.
Junked,
Wrecked,
Discarded,
etc.. ,
Personal
John Patterson said the city code does not provide for the
that are dismantled, wrecked, junked or inoperative and
considerable concern expressed in several wards regarding
junked watercraft. Jack Shinall made a motion the existing
be deleted in its entirety and replaced with the following:
removal of boats
there has been
inoperative or
Section 1l-23
June 2, 1986 - Continued
It shall be unlawful for any person to permit any furniture,
machinery Or equipment, including, but not limited to motor vehicles,
trailers or waterqraft, which are either in a wholly or partial.ly
wrecked, junked, dismantled, or inoperative condition to remain
premises of any dwel:iing, dwelling unit, place of business or vacant
in outside storage or otherwise exposed to public view for a period
excess of thirty (30) days.
Mills seconded
motion which carried 7-0.
Amendment to Chapter 14 of Smyrna Code, adding Section 14.
ve!l~qr:s _ aqd othcWj _.;t;~mp<;>x_aJ;;Y,. itineX.i9-t<;,; rp,erchaJ;lts
the community, both in the form of unfa;L;;:,colJ1pei;itgn
unsightly nature of their operations. In an effort
who pay taxes and purchase business licenses a
is submitted tonight for consideration. Attorney
amendment. Hugh Ragan said he did not receive
and would like to have time to further review
the ordinance was to prohibit tent sales and
places a limitation on garage sales which he
Shinall made a motion the ordinance amendment
meeting. Bob Davis seconded the motion which carried
h.,.ve generated
with our merchants the
protect our merchants
ordinance
read the
until
He thought the
amendment read
not in favor
tabled to the next
7~0.
of.
Request for
street.
of
time to remove business
from 1113
Matthews
Patterson said
Chilton at 1113
to relocate
get his
a motion that Mr.
business, to July 10,
last meeting a home occupation license for Mr.
Street was denied and Mr. Chilton was given
He has secured a location for his business
equipment moved within 10 days. Jerry Mills
be granted an extension of time to relocate
1986. Jim Hawkins seconded the motion which carried
(A) Carpet for City Hall.
to "D"
Fund.
the major portion of the renovation Completed in
to replace the carpeting in the remainder of the
invited to bid with three responding. Upon
Patterson, Hugh Ragan made a motion the bid be
the low bidder at $5.252.00 to be paid from the
Kathy Brooks seconded the motion which carried 7-0.
Dump body for sanitation equipment.
PaEterson said last year packer bodies were removed from a sanitation
to allow a dUmP body to be located on the chass is. This would supply
Us with a sturdy dumptrl;\ck with a 5 yard body. $ 5,000 was budgeted in Revenue
Shar~ng and the remainder can come from under-runs in the Public Works Revenue
fund budget. were sought from several companies with only two
Joel Harrell motion the low bid of $5,298.00 be awarded
to ial Equipment and Service to be paid from Revenue Sharing.
Bob Davis seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A)
Nichols Group
at a total
be approved
Marshal. Joel Harrell
a building permit for new construction at 1254
cost of $129,000. Jim Hawkins made a motion
ect to approval of the Inspections Department
seconded the motion which carried 7-0.
a building permit for tenant finish
estima.teq cost:. ,of ,:$)_,1, ~9Q. BQ1;>2~Dav.;Ls
approved subject to app'roval of the Inspec,tions
Joel Harrell seconded the motion which carried
Joe Thompson requested a
Old Concord Road at a total
a mot ion the permit
Fire
carried 7-0.
bl;\ilding permit for new construction at
estimated cost of $73.000. Kathy Brooks
subj ect to approval of the Inspections
Engineer. Jim Hawkins seconded the motion
June 2, 1986 - Continued
(D) McDevitt
at Lake Ridge
of $750,000.
approval of
aoel Harrell
& Street requested a building permit
Technology Center in Highlands Park at a
Hugh Ragan made a motion the permit be
the Inspections Department, Fire Marshal
seconded the motion which carried 7-0.
for new construction
total estimated cost
approved subject to
and City Engineer.
(E) McDevitt & Street requested a building permit for new construction
at Lake Ridge 200 in Highlands Parkway at a total estimated cost of $750,000:
Hugh Ragan made a mot ion the perml <: be approved subj ect to approval of the
Inspections Department, Fire Marshal and City Engineer. aoel Harrell seconded
the motion which carried 7-0.
(F) McDevitt & Street requested a building permit for construction of a
shopping center at 4924 South Cobb Drive at a total estimated cost of $500,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
City Engineer, Fire Marshal and Inspections Department. aerry Mills seconded
the motion which carrjed 7-0.
(G) David O'Donnell & Associates requested a building permit for an office
addition at 2772 Hargrove Road at a total estimated cost of $45,000. Bob
Davis made a motion the permit be approved subject to approval of the City
Engineer, Fire Marshal and Inspections Department. Joel Harrell seconded
the motion which carried 7-0.
(H) Neal/Loia Construction requested a building permit for interior finish
at 2401 Lake Park Drive at a total estimated cost of $10,000. Bob Davis
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Hugh Ragan seconded the motion which carried 7-0.
( I ) Taco
Cobb Dr ive
the permit
Department.
Bell requested a building permit for remodeling at 2721 South
at a total estimated cost of $35,585. Jack Shinall made a motion
be approved subject to approval of the Fire Marshal and Inspections
Kathy Brooks seconded the motion which carried 7-0.
(J) Moran & Company requested a building permit for tenant finish at
Highlands Parkway, Suite F & G at a total estimated cost of $30,000.
Ragan made a motion the permit be approved subject to approval of the
Marshal and Inspections Department. Bob Davis seconded the motion
carried 7-0.
4600
Hugh
Fire
which
(K) Moran & Company requested a building permit for tenant finish at 4600
Highlands Parkway, Suite I at a total estimated cost of $20,000. Hugh Ragan
made a motion the permit be approved subj ect to approval of the Fire Marshal
and Inspections Department. aoel Harrell seconded the motion which carried
7-0.
(L) Wilson Interiors requested a building permit for tenant finish at 5000
Highlands Parkway at a total estimated cost of $45,000. Hugh Ragan made
a motion the permit be approved subject to approval of the Fire Marshal
and Inspections Department. Jack Shinall seconded the motion which carried
7-0.
CONSENT AGENDA:
(A) a im Hawkins made a
submitted. aack Shinall
Mills abstaining.
n1otion
seconded
the
the
minutes
motion
of May
which
5 , 1986 be
carried 6-0,
approved as
with aerry
Jerry Mills
Jim Hawkins
made a motion the minutes of May 19, 1986
seconded the motion which carried 7-0.
be
approved as
submitted.
(B) Hugh' 'Ragan made a motion the' request for-'o temporary
at Lake Ridge Technology Park site be approved for one
seconded the motion which carried 7-0.
construction trailer
year. Jerry Mills
(C) Hugh Ragan made a motion the request for extension of working hours
at Lake Ridge Technology Park and Kenwood Shopping Center be approved weekdays
until 8:00 p.m. and Saturdays from 10,00 a.m. to 5,00 p.m. Jerry Mills seconded
the motion which carried 7-0.
Mayor Bacon said at the last meeting a beer and wine package license for
Jim Wallace was denied for his new station on Concord Road. There was some
discussion about distance requirements and problems in the area but since
the meeting council has reviewed the entire packet and all information submitted
and cannot find anything that would prohibit them from granting the license.
the recommendation of
suspended to consider
motion which carried
Mayor Bacon, Kathy Brooks
approval of the license.
with Jim Hawkins opposed.
made a
Jack
motion
Shinall
the rules
seconded
Brooks then
distance
code
ider
Road
to
Ragan
motion that, for the reason that all the issues
from city residences and strict interpretation
were not made clear at the last council meeting,
beverage application of Wallace Oil Company for
license be granted. Jerry Mills seconded the
which carried 4-3 with Bob Davis, Jim Hawkins
the next
Hawkins said the budget would
urged a good attendance from our
adoption
be ready
citizens.
for
Barrell
and as
that the water
IS cooperatian_
conservation
plan
is
still
no further business, meeting adjourned at 9:50 p.m.
************************
June 16, 1986
regular scheduled
City Hall.
jpy.. presiding
except for Kathy
City Administrator
sentatives of the press.
Mayor and Council was held June 16, 1986
was called to order at 7,30 o'clock p.m.
Max Bacon. All council members were present
present was City Attorney Charles E. Camp,
City Clerk willouise Spivey and repre-
was given by
Patterson, followed by the pledge to the flag.
read
Air
and presented a proclamation to Captain Antoinette Green
in recognition of 2157th ISS Day. Captain Green
the Air Force Communication Command at Dobbins
of information systems support for the Air Force
world-wide.
were given by Finance,
F.ire,
Publ ic Works and
Development.
(A)
use of 1986-87 Revenue Sharing Funds.
year 1986 of the
the audience
funds be used for
Jerry Mills seconded
Funds would soon be a thing of the past
for 1986-87 was $27,568 total, much less
be the last entitlement payment for fiscal
budget. There were no questions or comments
made a motion the $27,568 in Revenue Sharing
of a dump truck for the Street Department.
which carried 6-0.
(B) Approval of 198
said this
the City
into it.
and
the first budget
thanked everyone
approved since John
for their patience
Patterson
and the
had
work
our
John Patterson and his staff for a superb job of
BVgh also thanked the Mayor and each council member
inpvt and suggestions. This buqget can be summarized
providing the necessary services to the citizens of
the high quality of life we enjoy. According
Commission, Smyrna is the fastest growing city in
of the growth, this budget has increased by 17%,
$13,132,878. This allows us to maintain
services and improve them in several areas which in
June 16, 1986 - Continued
years past have either been delayed or neglected. All of this can be done
with no tax increase. The budget format has been revised to provide for
compliance with the Governmental Accounting Auditing and Financial Reporting
Standards. The 1987 budget reflects a net reduction in city personnel by
one. Through reorganization and better utilization of our human resources,
we feel that we can provide better services than ever before, even with
the net reduction of one person, from 252 employees to 251. Also included
are salary increases for employees based on an average 5% merit increase,
to be determined by individual performance as well as an amount in excess
of $125,000 for employee benefits with probable improvements to the disability
program. Hugh highlighted other areas of the proposed budget by department
and read a breakdown of the revenues and expenditures by department.
Jim Hawkins said that when John Patterson was employed he was given a list
by council of what they considered to be priority items that they would
like to see accomplished. Jim said that as chairman of the Pol;Lce Committee,
this budget would provide necessary funds to make all the necessary improvements
in that area including a new police precinct, renovation of the annex building
for a courtroom and employment of a part-time city solicitor. Funds were
also added for implementation of the E9l1 system which is yet to be approved
by council.
Jack Shinall said
to our citizens,
this year.
this budget
and that is
is totally directed
what council feels
at
that
improving the
they need to
services
address
Jerry Mills said he has seen a lot of budgets, but this is one of the best
that he has ever seen and commended John Patterson for a good job. Jerry
said that after looking at the budget and analyzing it page by page he realized
that the additional services being funded would benefit the citizens more
than a millage decrease in taxes and intended to support it as presented.
Bob Davis also
of this budget.
precinct station
thanked John Patterson
Bob said he was pleased
at Highlands Park.
and the
that the
city staff for
budget included
preparation
a new fire
Jim Hawkins
of the City
land through
said this budget would not have been
and past administrations have worked
annexations.
possible
hard to
without
procure
the growth
additional
Joel Harrell said he
in the Public Works
maintenance. Joel also
budget preparation.
was also pleased with
department and other
thanked John for the
such things
areas such
amount of
as the
as new
work he
drainage study
equipment and
put j.nto the
Sue Brissey said she would also like to commend John Patterson for the out-
standing job he has done for the City.
After further discussion, Hugh Ragan made a motion the 1986-87 budget be
adopted in the amount of $13,132,878. Jim Hawkins seconded the motion. Max
Bacon reminded everyone that for many years Willoujse Spivey was an important
part of the operation of this city and they appreciated what she has done
for them in the past. Vote on the motion to approve the budget carried 6-0.
(C) Annexation of 2.80 acres in Land Lot 333.
There was no opposition to the annexation request. Hugh Ragan made a motion
the property be annexed into the City to become a part of Ward 7, the legal
description having been read and made a part of the minutes of the May 19,
1986 meeting. Hugh said this property is adjacent to, and would be developed
as a part of the Churchill Downs development. More than likely, Mr. Fouts
will request a rezoning to R-15 from R-20 which will be consistent with
his development. Bob Davis seconded the motion which carried 6-0.
(D) Annexation of 0.21 acres in Land Lot 276.
John Patterson said this vacant lot was adjacent to Al Fair's restaurant
and would be used for parking by Chix Auto Parts customers - There was no
opposition. Jerry Mills made a motion the 0.2l acres be annexed into the
City to become a part of Ward 6, the legal description having been read
and made a part of the minutes of the May 19th meeting. Jack Shinall seconded
the motion which carried 6-0.
Junel6, 1986 - Continued
request - rear yard setback at Lake Ridge Technology Court.
Vaughn representing Wilson Development asked
in the required rear yard setback from 50
location of two buildings on the development.
on the 42 acres they recently annexed and this
into the terrain and be in conformance to their
acre park.
be
20 feet
begun
is require<'l
plan for
site plan and rendering of the complex. Rick said
zoning regulations did not address this particular
some confusion as to what was required since this
which allows more than one building per lot. They
would be required until construction of the project
and Hugh Ragan made a motion the variance
seconded the motion which carried 6-0.
side yard setbacks at 985 Manor Drive.
said
building at
necessitate
was
property
said
storage. He had
building
building
Jim
the motion
L. Merritt had requested a variance for an
Drive and a large tree stump on his property
building will be used for storage only.
he realized he needed the variance and the
object to the building. There was no opposition.
be a very nice building and would be used only
eliminated an eyesore by tearing down a metal
be a definite improvement. After applying
he would need a variance. With little
motion the variance be granted. Jack Shinall
V",riance request
setback at 1271 Falling Water Drive.
Rolfe had applied for a variance at 1271
structure that has been constructed
Rolfe has a lease/purchase agreement with
constructed the deck. The City received
from adjacent property owners regarding the
rather than a deck. Ms. Rolfe is requesting a
feet to 0 feet to accommodate the structure.
to the variance. Bob Davis said he had
pertaining to this variance and made
21st meeting. Bob also apologized to those
them due to the short notice before the
the motion which carried 6-0.
and rear yard setbacks at 410 Hickory Acres
Hunton of 410 Hickory Acres Drive requested
workshop. The ordinance requires a setback
feet from the side since the side line abuts
already 70% complete and the building
and 4 feet f rom the rear. The side 1 ine
adjacent property owner will be contacted
mail.
no
said he did not realize that he was
he was informed by the inspections department
With little discussion Jack Shinall made
Jerry Mills seconded the motion which
property
need a
variance be
Validation
to annex 1.5 acres at 408 Lake Drive.
that Stephen Connolly had
Drive where Mann' sWrecker Service is
description as follows,
requested
located.
the annexation of
Attorney Camp read
June 16, 1986 - Continued
We the undersigned, who constitute sixty percent (60%) of the owners of
the land area by acreage of the area 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 the Code of Georgia Annotated,
Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410,
411, 412, 413, 1971, 399; 1976, Pages lOll, 1012; said property to be annexed
being described as follows, to wit,
TRACT I, All that tract or
17th District, 2nd Section
J. Y. Wootten Subdivision,
Cobb County, Georgia Records,
parcel of land lying and being in Land Lot 412.
of Cobb County, Georgia being a part of Lot 1,
as per plat recorded in Plat Book 7, Page 166,
and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, begin at an iron pin located on the southwest
right of way of South Cobb Drive 350 feet northwesterly as measured along
the southwesterly side of South Cobb Drive from the corner formed by the
intersection of the southwest side of South Cobb Drive and the northwesterly
side of Lake Drive; running thence south 54 degrees 16 minutes 41 seconds
west a distance of 172:t feet to an iron pin and TRUE POINT OF BEGINNING:
running thence south 35 degrees 48 minutes 38 seconds east a distance of
150.18 feet to an iron pin; running thence south 54 degrees 27 minutes 39
seconds west a distance of 123.63 feet to an iron pin; running thence north
35 degrees 51 minutes 00 seconds west a distance of 149 _ 52 feet to an iron
pin; thence north 54 degrees 14 minutes 41 seconds east a distance of 123.72
feet to an iron pin and point of BEGINNING.
TRACT II. All that tract or parcel of land lying and being in Land Lot
412, 17th District, 2nd Section, Cobb County, Georgia and being parts of
Lots 2 and 3, J. Y. Wootten Subdivision, said parcel being more particularly
described as fol.lows:
BEGINNING at a point on the northwesterly margin of Lake Drive, 200.0 feet
southwest as measured along the northwest margin of Lake Drive from the
intersection of the northwest margin of Lake Drive and the southwest margin
of South Cobb Drive; running thence northwest 200 feet to an iron pin, said
course having an interior angle of 90 degrees 03 minutes with the margin
of Lake Drive; thence running southwest 149.1 feet to an iron pin, said
course having an interior angle of 89 degrees 57 minutes with the course
last run; thence running southeast 200 feet to the northwesterly margin
of Lake Drive, thence running 148.5 feet along the northwesterly margin
of Lake Drive to an iron pin and point of BEGINNING, being the same property
conveyed to W. Edwin Marshall, Jr. and Julian Burns recorded in Deed Book
667, Page 181, and Deed Book 654, Page 79.
TRACT III: All that tract or parcel of land lying and being in Land Lot
412 of the l7th District, 2nd Section of Cobb County, Georgia and being
part of Lots 2 and 3 of the J. Y. Wootten Subdivision as per plat recorded
in Plat Book 6, Page 166, Cobb County, Georgia records and being more particu-
larly described as follows,
BEGINNING at a point located on the northwester.ly side of the right of way
of Lake Drive, 350 feet southwesterly as measured along the northwesterly
side of the right of way of Lake Drive from the intersection of the northwesterly
side of the right of way of Lake Drive with the southwesterly side of the
right of way of South Cobb Drive, thence run southwesterly along the northwest-
erly side of Lake Drive 100 feet to a point and corner, run thence northwe3terly
200 feet to a point; thence running northeasterly 100 feet to a point; thence
runniLg southeasterly 200 feet to a point and point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS,
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
AND THEREBY
Witness
or his
acreage,
the signature of the
legal representative,
s/STEPHEN J. CONNOLLY
record
of 60%
ti tle holders
of the land
of the fee
area above
simple title,
described by
Jim Hawkins made a
date set for July 7,
motion the signature be validated and the public hearing
1986. Bob Davis seconded the motion which carried 6-0.
(B) Amendment to J.M.E.B.S. Ordinance
June 16, 1986 - Continued
Patte~~on said our
is a very
have
Current retirement system through the Georgia Municipal
good plan but needs to be revised to allow council
their city in previous years the opportunity of
their retirement benefits. Attorney Camp read
retirement plan as follows:
amendment
ordinance approv<ed November 22, 1971, as amended,
plan for the employees of the City of Smyrna,
the joint trust agreement and the contract for
plan by the City and the Joint Municipal Employees
by O.C.G.A. Section 47-5-1 et seq., so as to
Past Service: to provide an effective date; to repeal
and for other purposes.
BE IT
and it
ORDAINED by the Mayor and Council of the
is hereby ordained by the authority thereof,
City
of
Smyrna,
Georgia,
An
City of
the contract
Municipal
et seq., is
SUbstituting in lieu
a retirement plan for the employees
and setting forth the joint trust agreement
of said Plan by the City and the
System as provided by O.C.G.A. Section
by striking Article II, Section 25, and
thereof a new Article II, Section 25, to read as follows,
"Section 25.
determined
a participant in the
service shall
appointed
1986
member of
not include
of the
shall
to
the
mean the number of years and complete
represent uninterrupted service of
City prior to his enrollment date.
of elective office of an elected
authority who is on July 1, 1983 or
eligible employee or as an elected or
authority or both. Otherwise, past service
elective office as an elected or appointed
The rights
with
to the effective
by ~uch plan as existed
and obligations under the plan with respect to persons
the City was terminated for any reason whatsoever
date of this amendment are fixed and shall be governed
and was in effect at the time of such termination.
The effective date of this amendment shall be July 1, 1986.
All
expressly
and
parts
of
ordinances
in
conflict
herewith
would not add any benefits
provide for those people
years they have served in
be adopted as presented.
with Jerry Mills abstaining.
for elected officials
that have previously
the past. Hugh Ragan
Jack Shinall seconded
to
ordinance to change definition of "premises"
it
popular for restaurants to provide a patio
and drink and our ordinance specifically
outside a building. This amendment
to allow a patio area where drinks
proposed ordinance amendment to Section
amendment be approved, seconded by Jim
about the means of access to the patio
Jim Hawkins made a motion the amendment
the motion which carried 7-0. Kathy Brooks
discussion.
area for
e~cludes
would expand the
could be served. Jack
3-1. Jack Shinall
Hawkins. Following
the second
Jerry Mills
arrived at the meeting during
BID AWARDS,
John Patterson said the Library had budgeted money for a
bids have been received. Based upon the recommendation of John
Ragan made a motion the low bid of $1,852.40 be awarded to
Company. Kathy Brooks seconded the motion which carried 7-0.
copier and
Patterson,
Harris 3M
(B)
Parks
John
and
Patterson
Recreation
said there has been a
to be located at King
need for a
Spr ings Park.
storage
It is
building for
now necessary
June 16, 1986 - Continued
to move quickly with construction due to the reconstruction of the annex
building for courtroom facilities. Gutting and cleaning the annex building
will necessitate a building for storage of Parks and Recreation equipment.
Bids were secured and based upon the recommendation of John Patterson, Kathy
Brooks made a motion the low bid of $12,560 be awarded to Hatcher Construction
for construction of a 30 x 40 x 14 storage building at King Springs Park.
Hugh Ragan seconded the motion which carried 7-0.
(C) John Patterson said there was a need at City Hall for a vehicle that
can be used by different people and it was suggested that we acquire a vehicle
to have on standby at City Hall. Bids were secured with Wade Ford being
the low bidder. Hugh Ragan made a motion the low bid of $13,372.93 be awarded
to Wade Ford for a City Hall staff vehicle. Jerry Mills seconded the motion
which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Garmon Brothers requested a building permit for remodeling at McDonald's
at 3414 South Cobb Drive at a total estimated cost of $35,000. Jerry Mills
made a motion the permit be approved subject to approval of the Inspections
Department and Fire Marshal. Hugh Ragan seconded the motion which carried
7-0.
John Patterson said that only one
due to council' s recent decision to
in-house and eliminate those from the
building permit was
allow tenant finish
agenda.
being presented tonight
permits to be approved
COUNCIL INPUT, Mayor
after being out sick for
Bacon said he
several weeks.
was
happy
to
have
Chief
Little
back
Jim
when
that
from
Hawkins said
the budget
the millage
last year.
we have customarily adopted the millage rate
is approved each year but understood from Mr.
rate of 11.50 was a part of the budget package;
for taxes
Patterson
no change
Joel Harrell
in force.
reminded everyone
that
the water conservation plan was
still
All members of council
preparing the budget.
again
thanked
John
Patterson
for
the good
job
in
With no further business, meeting adjourned at 9,20 p.m.
A.
7