November 5/19, 1984 Council Meeting
November 5, 1984
scheduled meeting of Mayor and Council was held pursuant to the Charter
5, The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor T. Bacon. All Council members were present. Al so present was
City Clerk Willouise Spivey, .John Halpin representing Charles E. Camp, Police Chief'
R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Vic Broyles,
Assistant City Clerk Melinda Dameron, Civil Defense Director Jim Farley, Librarian
Doris Morris, Building Inspector Scott Stokes, and representatives of' the press.
Invocation was given by .Jim Hawkins, followed by the pledge to the flag.
Mayor Bacon introduced political candidates Herb Rivers and Buddy Darden from the
audience.
Citizens Sue Brissey asked when the wig wag light on Concord Road at Havilon
would be Hugh said the light has not been delivered but we hope to
have it this week. Mrs. Br asked when the City was gOing to enforce the ordinance
concerning paved parking ord Road. Mayor Bacon assured her that some action
would be taken before the first of the year. Mrs. Brissey also complained of signs
on utility poles and suggested that danger signs be posted by the City as a possible
solution.
Max Bacon introduced "Smedley", the mascot for the Clean City Committee and read a
letter from Coordinator Mary Ann Lasseter outlining the goals of the committee.
of Audit: James Williams made a motion the 1983/84 audit be approved as
ed. Kathy Brooks seconded the motion which carried 7-0.
e License: Eileen Kimberly Lusk requested a beer and wine pouring license
unch at 3807 South Cobb Drive. Ms. Lusk said this would be a sandwich
open 11 to 7, lVIonday through Saturday. Ms. Lusk said she was aware of the prev-
ious problems at this location but no beer would be sold without food. There was no
opposition from the audience and the police investigation was favorable. Kathy Brooks
made a motion the license be approved. James Williams seconded the motion which carried
7-0.
e License: Michael P. Cotton requested a business license for Countywide
Company. Mr. Cotton said his office was located at 1581 South Cobb Drive,
outside the City but he needed the License to do business inside the City. He has
been in the business for about 2 years now, working for Assured Bonding Company as
their agent. There was no opposition and Kathy Brooks made a motion the license be
approved. Jack Shinall seconded the motion which carried 7-0.
Harold Bent:1.ey I' Harvey Nix in his request to rezone property
Lot 379 on South b Drive from Of:fice/Distribution to General Commercial.
Bentley said if approved, they would construct a building for Tay:1.or Rent-A:1.:1.s.
to rent :1.awnmowers, tractors, etc. lVIr. Bentley said mini-warehouses are on one side
of the property and the other side is vacant. There will be no outside storage what-
soever. Hugh Ragan asked about the 30 :foot easement adj acent to this property and
asked if there was not an agreement between the two property owners to make this a
40 foot easement :for the road. Mr. Bentley said to his knowledge, there was no agree-
ment. They have talked to DOT about a curb cut on South Cobb to serve the property,
but do not know now if it will be approved. As it is now, they are landlocked and
must have access from South Cobb Drive. The 30 foot road mentioned serves two buildings
in the rear and did not think it would be in their best interest to use the road.
I:f the State denies the curb cut, they will not be in business. Mr. Bentley said he
ing :for the rezoning contingent upon the curb cut being approved and also said
an existing curb cut in the center of the property. Jack Shinall said he
there was an agre deed the road to the City and lVIr. Bentley said
would accept the road. I:f there is a signed agree-
wou:1.d live up to it but did not know if there was
discussion about setbacks and Mr. Bent:1.ey said he
would need any variances. Ed Norton with Stanley Too:1.s spoke
building is 6000 square feet, l20 x 50 and the :1.ot is 168 feet
feet north and south of the road.
agreement.
did not believe they
and said the proposed
across which leaves 48
and said he was not opposed to the zoning but there
foot right of way and his sales contract and deed says
he City desires that. .Jack Shinall said he was concerned
and also had problems with the curb cut, which he :felt
before him show an 8,000 square foot building and
ding would be 6,000 square :feet. .Jack Shinall made
next meeting to get information from the State and
November 5, 1984 - Continued
review the drawings. Hugh Ragan seconded the motion which carried 5-2, with Max Bacon
and James Williams opposed.
Zoning: Jack Halpern requested rezoning of 2.75'7 acres in Land Lot 491 on Atlanta
Road :from General Commercial to O:ff'ice/Distribution. Allen Halpern represented the
applicant and stated they were asking for the rezoning to build 470 mini-warehouses
consisting of 20, 30 and 40 foot bays. There are apartments to the rear of this prop-
erty with Eckerds on the south and the transmission business on the north side. Vic
Broyles st;i3cted there would have to be some modifications made by the City on the sewer
system beca.use sewerage on Atlanta Road at that location is not available. Mr. Halpern
said theY also owned Network Rental on Cherokee Road and would be willing to grant
an easement from that location to t;ie on.
Paul presented plans of the proposed development and said they would be work-
ing State on the acceleration/decelleration lane which they felt sure would
be requireg. There was no opposition from the audience and Kathy Brooks made a motion
the zoning be approved. .Jim Hawkins seconded the motion which carried '7-0.
Variance: Winfield Properties Group, applicant for Halpern Enterprises requested
a variance on property just rezoned to reduce front yard setback from '75 feet to 50
f'eet; reduce side yard setback from 20 feet to 5 f'eet; and approval o:f living quarters
in the mini~warehouse development, for security reasons. Paul Chastain represented
Winf'ieldProperties and stated that they were withdrawing the first variance, to reduce
the front yard setback. The variance on the side yard adjoins Eckerds and they spoke
wi th the real estate department for Eckerds. They stated they have no problem with
the variance but did not have time to get a letter, which would take approval from
the Board. Mr. Chastain said they need to build 470 units on the property to meet
their of coverage and would lose too much lease space by eliminating any build-
ings on side. Eckerds building is situated 30 f'eet from the property line.
~
Mr.
office
ent basis
also maintain
said they were also requesting 1000 square feet of living quarters and
for security purposes. The living quarters will be occupied on a perman-
someone on duty from 9:30 to 6:00, 5t days per week. This person will
the property as well as provide security.
Kathy Brooks made a motion the variance on the side yard setback be approved.
Shinall seconded the motion which :failed 2-5. Kathy Brooks made a motion a 90
temporary permit be approved for living quarters on the site until our ordinance
be amended. Jim Hawkins seconded the motion which carried 7-0.
Jack
day
can
lVIayor Bacon introduced political candidates Emmett Burton for Commissioner, Paul lVIoore
and Sam Whitfield for School Board and Pat Head for Solicitor.
Francis Lott requested a variance to reduce number of parking spaces and
also for living quarters for security reasons at Ark Self-Storage at 2330
Old Road. Mr. Lott said in his other developments they had found four parking
spaces sufficient and our ordinance makes no distinction between self-storage
and mini~warehouses for parking. Mr. Lott also had a letter from adjoining church
stat they had no obj ection to the variance. Mr. Lott said there
would more than 2 or 3 vehicles on the premises at one time, are other
for the manager to park his car. Kathy Brooks motion the
.Jack Shinall seconded the motion which carried '7-0.
Mr.
and
nance
for
the
were also reqUesting approval of' l260 square living space
security reasons. Kathy Brooks stated we need to into this ordi-
some changes and made a motion a 90 day temporary permit be approved
quarters until the ordinance can be rewritten. Jim Hawkins seconded
carried 7-0.
Variance: D. Scott Carlson requested a variance on the side yard setback on Lot 64
of Highgate Manor, Concord @ Hurt Road. Mr. Carlson said they had made a mistake on
this unit and the garage extended 13 inches into the setback, which is actually
on the yard instead of the side. His engineer missed the encroachment because
of the curvature in the road and had already adjusted the rear and side yard.
There was no opposition and Hugh Ragan made a motion the variance be approved with
a $200 :fine assessed. Jim Tolleson seconded the motion which carried 7~0.
i.J
Coleman Orr requested
Development,
mistakenly
LaMere said
about 3 or 4 weeks ago.
a variance on :front and rear yard setbacks on Lot
Lake Road. Chris LalVIere reprel;l.en.t€>d the appli-
over the front and rear to an error
had already sheetrocked and found
variance needed is from 25 to 24.3 feet on the
error
front and 30 to 16.4 feet on the rear. Mr. LaMere said they were now making the
surveyor pin the lots so they would not make this mistake again. There was no
opposition and Hugh Ragan made a motion the variances be approved with a $500 fine
assessed. James Williams seconded the motion which carried 7-0.
Variance: Mike Johnson requested a variance to eliminate the 10 foot buffer strip
and also to reduce the side line setback from 50 feet to 3 feet for construction of
a new Brake-O on Spring Road. Mr. .Johnson said the proposed building is 55 x 100.
Brake-O will occupy 3000 square feet and the other 2500 square feet will be leased.
However, if they eliminated the tenant space they would probably still need the var-
iance. lVIr. Johnson said they had a letter from Bogey Stoner, owner of' the Dairy Queen
stating he had no obj ection to the side yard setback. James Williams asked if the
variance was denied if they would continue with construction for Brake-O and Mr. John-
son said he did not definitely know. Mr. Williams said variances were granted to elim-
inate any undue hardShips and he had some serious prOblems with the side setback.
Mr. Johnson said the property was very expensive. The lot is 26,000 square feet and
the normal ratio of' coverage is 50%, but they were only asking for 25%. Af'ter further
discussion James Williams made a motion the variance be denied based on the f'act that
he felt the variance was excessive and did not feel it was an absolute hardship. Jim
Tolleson seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by Scott
Stokes and recorded as follows:
(1) Chix Auto Parts requested a permit for new construction at 291 Pat lVIell Road
at a total estimated cost of $ 35,000. Jack Shinall made a motion the permit be ap-
proved SUbject to approval of the City Engineer and Fire lVIarshal, seconded by Jim
Hawkins. Mayor Bacon suggested this permit be held until lVIr. Caswell paved the parking
lot at Jonquil Florist on Concord Road, as property owner. Following discussion, the
second to the motion was withdrawn and the motion then died for lack of a second.
Max Bacon made a motion the permit be tabled to the next meeting. Jim Hawkins seconded
the motion which carried 7-0.
(2) D'Lites of America requested a permit f'or new construction on
at Kroger Shopping Center at a total estimated cost of $265,000.
a motion the permit be approved SUbject to approval of the City
Marshal. Hugh Ragan seconded the motion Which carried 7-0.
South Cobb
J ill Hawkins
Engineer and
Drive
made
Fire
(3) Amoco requested a building permit for new construction at
at a total estimated cost of $100,000. .Jack Shinall made a
approved subject to approval of the City Engineer and Fire
seconded the motion which carried 7-0.
2711 South Cobb Drive
motion the permit be
lVIarshal. Kathy Brooks
(4) Spring Village Shopping Center requested a permit for new construction at
Spring Road at a total estimated cost of $362,000. Jim Tolleson made a motion
permit be approved subject to approval of the City Engineer and Fire Marshal.
Bacon seconded the motion which carried 7-0.
1860
the
Max
Validation of Signatures: John Halpin read applications for annexation for four (4)
parcels in Davenport Town as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident in
the area described below and who const:itute 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 1011, 1012; said property to be annexed being described as follows, to
wit:
All that tract or parcel of land lying and being in the
of Cobb and in Land Lot No. 634 of the 17th District,
Georgia, being more particularly described as follows:
State of Georgia and County
2nd Section of Cobb County,
A certain tract or parcel of land fif'ty (50) feet in width and one hundred fifty (150)
feet in length lying tely east of the tract of land conveyed by D. C. Osborn
to Wit Moss by deed ly 27, 1938, which said deed is recorded in the office
of the Clerk of the Superior Court of Cobb County, Georgia, in Deed Book 130, page
75, to which reference is made. Said tract of land herein conveyed is bounded on the
west by property of said Moss, south by road, east by other property of D. C.
Osborn, and north by Horace H property.
November 5, 1984 - Continued
This is made to correct an error in the name of the grantee in deed dated April
21, 1945 from D. C. Osborn to Charley Walker, recorded in Deed Book 168, page 4, Cobb
County records.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature
legal representative,
WALKER
of the
of' 60%
record title holders
of the land area above
of the fee simple title, or his
described by acreage: s/CHARLEY
ALSO, all
District,
that tract or parcel of
2nd Section, Cobb County,
land lying and being in Land Lot 634 of the 17th
and being more particularly described as foJ_lows:
BEGINNING at the southeast corner of Land Lot 634 and running thence north along the
original land lot line for a distance of 150 feet; thence west for a distance of 95
feet; thence south for a distance of 150 feet; thence east along the south line of
said Land Lot f'or a distance of 95 feet back to the point of beginning.
NOTE: A portion of the above described
Osborn to H. C. Loll is as shown by deed
County Records. Later H. L. Lollis bought
is described in whole in this deed simply
the entire property conveyed.
property was previously conveyed by D. C.
recorded in Deed Book 185, page 226, Cobb
forty-five more feet and the entire tract
for the purpose of convenience and to show
{~
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature
legal representative,
MAE LOLLIS
of
of
the
60%
record
of the
title holders of' the fee
land area above described
simple title, or his
by acreage: s/HATTIE
ALSO, All that tract or parcel of land lying and being in Land Lot 663, 17th District,
2nd Section of Cobb County, Georgia, and more particularly described as follows:
BEGINNING at a point on the west land lot line of said Land Lot 663, 202 feet north
of the southwest corner thereof and running thence north 1 degree 30 minutes west
along said land lot line 100 feet; thence southeast 160 feet; thence southwest 148
feet; thence in the shape of a triangle; also, an easement and right-of-way in a 15
foot commencing at the end of Hawthorne Street in the southwest corner of
said and running due north to the property above described for the purpose
of' ingre$s and egress to the property herein conveyed.
WHEREFORE, UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature
legal representative,
H. KING
of the
of 60%
record title holders
of the land area above
of the fee simple title, or his
described by acreage: s/MALISSA
ALSO, A certain tract or parcel of land situated lying and being in the 17th District
and 2nd Section of saj_d Cobb County and State of Georgia, to wit:
BEGINNING at the northeast corner of Land Lot 633 and running thence along the north
line of said land lot a distance of 100 feet; thence south parallel with the east
origin<;il line a distance of 75 feet; thence east parallel with the original north
line a distance of 100 feet to the original east line of said lot; thence north along
the said east line to the point of' beginning.
Being the Same property conveyed by Mrs. Ciller Davenport to Mount Zion Baptist Church
of Cobb County, Inc. by Warranty Deed dated April 1, 1952.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY lVIAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
the
signature of
of
L. HANEY
the record title holders
60% of the land area above
of' the fee simple title, or his
described by acreage: s/WILLIAM
.~
James
for the
made a motion the
meeting in December.
signatures be validated and the pUblic hearing
lVIax Bacon seconded the motion which carried 7-0.
set
November 5. 1984 - Continued
lVIayor Bacon recognized Preston Bussey, candidate for the Board of Education.
Approval of Trailer: Mayor Bacon read a letter from Fred Bostick requesting approval
to maintain the camper on his property on Concord Road for sleeping purposes only,
for 45 days. Mr. Bostick said he was moving to Thomasville, Georgia and had sold his
home sooner than he anticipated. He is trying to find another attorney to take over
his practice here and as soon as that is settled, will move. Jim Hawkins made a motion
the trailer be approved for Sleeping purposes, for 45 days. .James Williams seconded
the motion which carried 6-0, with .Jim Tolleson abstaining.
Hugh Ragan read
office trailer
the trailer be
7-0.
a letter from Stan Argo requesting
at Mill Pond Village on South Cobb
approved for one year. Jack Shinall
approval of a sales/construction
Drive. Hugh Ragan made a motion
seconded the motion which carried
Bid Opening: Only one bid was received for construction of the Powder Springs Street
bridge which was opened, read and recorded as follows:
Laslie & Company
$119,644.28 total
Vic Broyles
a mot
rec
who
stated that $59,000 was appropriated for this project. Jack Shinall made
be turned over to Jim Mallett and the street Committee with their
to full council at the next meeting. lVIax Bacon seconded the motion
Request for Bids: Hugh Ragan said the City had recently bought the house at the corner
of King and Bank Street. This is a 7 room house, and Hugh Ragan made a mot ion bids
be requested on cost of renovation for use by the City. lVIax Bacon seconded the motion
which carried 7-0.
Hugh Ragan said the City is continuing to grow and we have never had a formal contract
for our engineering services. Hugh said he would like to request bids from consultants
in and around the City. Hugh Ragan made a motion bids be requested, asking that each
company outline their area of expertise and their proposal of services to the City.
Max Bacon seconded the motion which carried 7-0.
Appointment:
officer for
7-0.
Jack Shinall made a motion that Charles E. Camp be appointed as hearing
the Housing Authority. .James Williams seconded the motion which carried
James Williams made a motion the Mayor be authorized to sign the Community Development
Block Grant agreement for 1984 in the amount of $152,688. Jim Tolleson seconded the
motion which carried 7-0.
Conveyance Deed: James Williams stated that several months ago the City deeded one-
half of an abandoned alley to Mr. Koch at 1480 Roswell Street and made a motion that
the other one-half be deeded to Mr. James B. Corn, with Mr. Corn to pay all legal
fees involved. .Jim Tolleson seconded the motion which carried 7-0.
Approval of Minutes: Jim Tolleson made a motion the minutes of October 1, 4 and 15
be approved as submitted, seconded by Jim Hawkins. Hugh Ragan stated he had a problem
with the minutes of October 15th concerning some of the verb age during the rezoning
of the Nations property. Jim Hawkins withdrew the second. Jim Tolleson made a motion
the minutes of October 1 and 4 be approved. .Jack Shinall seconded the motion which
carried 7-0.
Jim Tolleson made a motion the minutes of' October 15th be tabled to the next meeting.
Hugh Ragan seconded the motion which carried 7-0.
Mo lVIax Bacon stated that the City has had a multitude of multi-family zonings
whi a problem with local government and counties in providing services. There
is always question with the sewer system and roads and our Future Land Use plan
is still not complete. Max said he thought we should take time to evaluate these con-
ditions. Jack Shinall stated that is one reason we need an in-house planner. Many
times we are leaving ourselves wide open for a suit. Max Bacon said Fire and Police
protection is also something that needs to be looked at and possibly the 90 days that
he is proposing could be extended if we do not have any answers at the end of the
90 days. Max Bacon made a motion a 90 day moratorium be placed on all multi-family
zonings effective today. Any applications accepted as of 5:00 today in City Hall would
still be heard. Hugh Ragan seconded the motion which carried 7-0.
Jack Shinall stated we are also having problems with the number of variances
and there is some question about many of them causing undue hardship. Jack
received
said he
November 5, 1984 - Continued
like to have input from the Planning and Zoning Board, Chuck Camp and
to review certain areas that have been zoned for different categories
to if the property can be built on. Jack said we should notify the building
department that a variance would not be heard for multi-family or commercial use unless
it is an extreme emergency. After further discussion, Jack Shinall made a motion that
a 90 day moratorium be placed on all multi-family and commercial variances, except
in situations of emergency. lVIax Bacon seconded the motion which carried 7-0.
.Jack also stated that council would determine the emergency situation prior to
applicatiqns being accepted.
there
.Jim
commending
recently.
Hawkins read a
his department
letter to
for their
Hubert Cochran
quick response
from the Arbors of
in answering a call
(Parks) Jack
participating.
the good job.
Shinall said this
Jack also read a
Halloween Carnival was
letter from Cobb Center
the best
thanking
ever, with 33 clubs
the Parks staff for
(Library)
Doris Morris reported on library activities.
(Inspections) Hugh Ragan stated that through October, we have had $64,924,000 in
construction cost.
lVIayor Bacon reminded everyone of the City Auction on December lst at lO: 00 a.m. in
the Annex parking lot.
Emmett Burton, County Commissioner asked to speak and said he would like to pledge
the full support of the county concerning the moratoriums approved tonight.
With no f1.1rther business, meeting adjourned at lO: 07 p.m.
************************
November 19, 1984
The regular scheduled meeting of lVIayor and Council was held November 19, 1984 at Smyrna
City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer
lVLayor Arthur T. Bacon. All Council members were present except for James Williams,
who was attending a business seminar. Also present was City Attorney Charles E. Camp
Assistant city Clerk Melinda Dameron, Police Chief R. E. Little, Acting Fire Chief
Hubert Cochran, Public Works Director Vic Broyles, Parks and Recreation Director Sherry
Reavis, Mike Lawler with Mallett & Associates, Civil Defense Director Jim Farley,
Building Inspector Scott Stokes, Librarian Doris Morris and representatives of' the
press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
lVIayor Bacon introduced Nick Pedro with the Cobb County Community School
Pedro explained the purpose of the Community School Program and also
Board members Sam Whitfield and Paul Moore, Cobb County Commissioner
Janice Repasky, Terry Shelton and Mary Amin with the Community School
Program. Charles E. Camp read the proclamation f'or the Community School Program and
presented it to Mr. Pedro.
Citizens Reports: Jay Wallace repre$enting the Smyrna Jaycees, stated
would have their annual Empty StOCking Fund drive and requested approval
brigade the second and third weekends of December. Mr. Wallace was asked
Chief Little and let him know what intersections they would be working.
the Jaycees
for a bucket
to get with
Roper requested annexation of l6.35l acres on Smyrna Roswell Road,
having been read and made a part of the Octoberl5, 1984 minutes.
opposition and Max BaC9nmade a motion the property be annexed, to become
of Ward 3. Jim Hawkins seconded the motion which carried 6-0.
Roper requested of 16.351 acres just annexed into the City,
to General Commercial. Horace Bowie represented Mr. Roper and stated
Sleepy Hollow Kennel, had been operating under a land use permit
and Mr. Roper was requesting the rezoning to conform with our ordi-
November 19, 1984 - Continued
nance. There is a contract to sell the property which will probably be developed for
offices. Mayor Bacon read the recommendation from the Planning and Zoning Board to
approve the rezoning. Mr. Bowie said they did not have a definite time set for con-
struction; the plans are just being drawn. There was no opposition from the audience
and .Jim Hawkins made a motion the zoning be approved. Jim Tolleson seconded the motion
which carried 6-0.
Rezoning: Ward-Meade Investment Co. requested rezoning of 2.375 acres in Land Lot
377 and 376, Powder Springs Street @ South Cobb Drive from General Commercial to RM-
10. Three people in the audience raised their hands in opposition and were sworn in
by Attorney Alton Curtis. lVIr. Curtis introduced Cam Owens, real estate broker
representing Ward-Meade, and Mr. Curtis stated he represented Mr. Farris Perry. Mr.
Curtis said lVIr. Perry wanted to develop this property into 12 to 16 apartment units.
They had agreed to remove one building at an October neighborhood meeting in a spirit
of compromise. Mr. Perry has an interest in the James House apartments across the
street from this property and would develop this along the same lines as James House;
mainly for senior adults, and he will also reside there. Mr. Perry has a market :Cor
senior adults to rent to and the land is best suited for apartments.
Max Bacon asked if there was ingress/egress to South Cobb Drive. lVIr. Curtis said there
is a quasi-dedicated street, Floyd Drive, which is shown on the plan as being extended
acro Cobb Drive. They were also asking that this street be closed, even though
it opened or dedication accepted by the City. to his knowledge. The only
other access to South Cobb Drive would have to be through the Sizzler and Amoco Station
property. Sizzler has an easement through this property to Powder Springs Street but
Mr. Curtis said he did not believe they would ever exercise their right to the ease-
ment. Also, they could not use this easement because it is not a reciprocal agreement.
Mr. Curtis said none of this property is in the f'lood plain. Attorney Camp stated
that lVIr. Curtis may want to clarif'y that statement, that none of the structures would
be in the flood plain.
.Jim Tolleson asked about sewage problems in the area. Mr. Owens said there is a broken
sewer line and Ward-Meade and lVIr. Perry, as owners of this property had given an ease-
ment to repair the line. Vic Broyles said there is a slight problem now with sewage,
but not to the extent that the line is overloaded. When it rains, it does overflow
onto this property and the City wants to re-route the line. lVIax Bacon asked if the
line could take 16 additional units and Mr. Broyles said he doubted that it would.
if all 16 were put on at one time. lVIr. Owens said they were flexible and would work
with whatever plan the City recommends. If' necessary, they would wait for the trunk
line to be put in operation. Jack Shinall stated this would be the first line to be
replaced under the sewer rehabilitation program.
Jack Shinall asked about traff'ic on Powder Springs
have an access lane into the apartments. However,
very little traffic since no more than one-half of
and from work. Mr. Curtis said they would also need
setback line once the access lane is in place.
street. lVIr. Curtis said they would
this development should generate
the tenants would be driving to
a variance on the front building
Mr. Curtis said Mr. Perry was willing to construct one building at a time. if that
was the City's request. Mr. Curtis said the highest and best use of the land was for
apartments and this is the last useful piece of real estate in the Ward-lVIeade tract.
Traffic flow and water problems are not matters that should concern the City; the
highest and best use of the land is what should concern the City.
Paul Grebe of 766 Powder Springs Street spoke in opposition due to the existing traf'fic
problem, sewer problems and low water pressure. He also questioned the compromise
by Mr. Perry to delete one of the buildings. Vic Broyles and Hubert Cochran both stated
to their knowledge, there is not a problem with low water pressure.
Jay Wallace also spoke and said traffic is a very bad prOblem and could see no reason
to add to it. He also questioned the need for more apartments in the City.
Jim HaWkins questioned the
Senior Citizens. Mr. Curtis
for over 20 years. He knows
can rent to who he wants to.
statement made earlier
said he has run James
what he wants to do,
that Mr. Perry would only rent to
House apartments on the same basis
will be living on the property and
A Briggs from the audience also expressed her concern about traffic on Powder
S gs Street and safety for children walking to school.
Jack Shinall said he
he said he would do;
knows Mr.
he did not
Perry personally and
doubt his integrity;
he has
however,
al way s done everything
to place even 12 units
November 19, 1984 - Continued
on would place an additional load
an additional safety factor in reg<':!.::r:'d" to the
There is also a flooding problem in this area.
be denied based on the aforementioned facts.
carried 5-l, with Jim Hawkins opposed.
on the sewer system would place
heal th and safety of the community.
Jack Shinall made a motion the zoning
Hugh Ragan seconded the motion which
of the
to the
the curb
em bel" .
Mayor Bacon stated that Mr. Bentley had called today concernil'1,g the rezoning
Nix property on South Cobb Drive and requested that it be carried over
meeting in December unt.il he can get an answer from the state concerning
.Jack Shinall made amotion this be tabled to the first meeting in Dec-
seconded the motion which carried 6-0.
Variance: Crist requested a
of a pO::r:'tion of the lO foot
were propo13ing a l46 unit Day s
Drive with the main entrance on
for relocation of Curtis Drive
Mr. Crist said he had been
accommodate the widening. 'These
being reserved for widening. His
is des for widening of the
the State will talce one of the curb
e on reduction in parking spaces and waiver
strip on Curtis Drive. Mr. Crist said they
Inn hotel at the intersection of' Hargrove and Curtis
New Spring Road. There is presently a proposed plan
improved traff'ic facilities for usIa and I-285.
to reserve 7,000 feet of undeveloped area to
are being requested as a result of the area
plans are f'lexible to accommodate whatever
Crist said when the road widening occurs,
cuts for the hotel.
.Jim
as it
said he had no problem in reducing the number of parking spaces as long
interfere with the Fire Department.
l~
so stated that because of the widening he was requesteing that a portion
strip be reduced to 6~ feet instead of the 10 feet required.
spoke and said he had no complaint about the hotel, but residents in
concerned about the entrance on Curtis Drive and traffic in that area.
discussion concerning the. curb cut locations, Jim Tolleson made a motion
be approved with a CQPY of the letter from Swei tze:p & Peoples, Inc.
28, 1984 and a copy of the letter from Doug Hefty dated October 4,
made a part of these minutes. Max Bacon seconded the motion which carried
6-0.
Scott
Comme::r:'cial building permits were presented by Inspector
as f'ollows:
l)
at
a
requested a buildil'1,g permit for construction
Road at a total estimated cost of $523,l05.
be approved sUbj ect to approval of the City
seconded the motion which carried 6-0.
of mini warehouses
KathY Brooks made
Engineer and Fire
Partners requested a building permit for construction Qf a )} story office
2Q55 Lake Park Drive at a total estimated cost of $ 3,265,000. Hugh Ragan
the permit be approved subj ect to approval of the City Engineer and
Jack Shinall seconded the motion which carrj.ed 6-0.
"
3)
a permit for new
estimated cost of $2,300,000. Max
subject to approval of the City Engineer
motion which carried 6-0.
construction at 4800 Highlands
Bacon made a motion the permit
and Fire Marshal. .Jim Hawkins
be
Trail Development Company ;r:'equested a permit for
at a total estimated cost of $1,820,750.
Hugh Ragan made a motion the building permit
ion which carried 6-0.
new at 4600
Plans already been
be approved. Max Bacon
Parts requested
cost of
of the City
carried 5-l, with Jim
for new construction at 291
Brooks made a motion the
and Fire Marshal. Jack
Tolleson opposed.
Pat
Mell Road at
be approved
seconded the
6)
Park
be
Builders requested
a total estimated cost
subject to approval
motion which carried
a building permit for tenant space at l800 Lake
of $79,000. Jim Tolleson made amotion the permit
the City Engineer and Fire Marshal. Jim Hawkins
~
7)
exist
Cole Construction request.:;d a building permit to repai::r:'
1;!Uilding at 2238 South Cobb Drive at a total estimated
damage to
$lO,OOO.
the
Hugh
November 19, 1984 - Continued
Ragan made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. .Jim Hawkins seconded the motion which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation by Smyrna
Presbyterian Church on Atlanta Road as follows:
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
1011, 1012; said property to be annexed being described as follows, to wit:
All that tract or
the 17th District,
cribed as follows:
parcel of land lying and
2nd Section, Cobb County,
being in Land Lots 595, 596 and 597 of
Georgia and being more particularly des-
BEGINNING at a point on the southwestern side of the Old Atlanta-Marietta Highway
(formerly U.S. 41), 500 f'eet southeasterly from the point where the west line of Land
Lot 595 crosses the southwestern side of said highway, said point being the north-
eastern corner of the property conveyed by Nettie F. Fuller to Ollie F. Fuller by
deed dated May 15, 1936; running thence southeasterly a distance of 265.9 feet along
the southwestern side of said highway to an iron pin; running thence south 2773.08
feet to an iron pin on the south line of Land Lot 597; thence west along the south
line of said Land Lot 597, a distance of 303.50 feet to an iron pin; running thence
north a distance of 2526.70 feet to the southwestern corner of the property conveyed
to Ollie F. Fuller by Nettie F. Fuller by deed dated lVIay 15,1936; running thence in
a southeasterly direction along the southwestern side of said property a distance
of 100 feet; running thence north along the eastern side of' said property a distance
of 450 feet to the southwestern side of the Old Atlanta-Marietta Highway to the point
of beginning, being all of the property conveyed by .J. B. Fuller and W. lVIorris Fuller,
as Executors of the Last Will and Testament of Nettie F. Fuller, to J. B. Fuller,
W. lVIorris Fuller and Harold G. Fuller, by deed dated November 22, 1957.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.,
Witness the signature
legal representative,
R. HAYNIE, PRESIDENT
of the
of 60%
record title holders
of the land area above
of the fee simple title, or his
described by acreage: s/DOUGLAS
Max Bacon made a motion the signature be validated and the public hearing set for
December 17, 1984. .Jim Hawkins seconded the motion which carried 6-0.
Request for Bids: Jim Hawkins made a motion that bids be requested for a
projector and screen for the Fire Department to be charged to the training
and opened December 17th. Jack Shinall seconded the motion which carried 6-0.
sound
budget
.Jim Hawkins made a motion bids be requested for six air packs for
to be charged to equipment, and opened December 17th. Max Bacon
which carried 6-0.
the Fire Department
seconded the motion
Bid Opening: Bids f'or the renovation of the house on Bank @ King Street were opened,
read and recorded as follows:
Boling Construction Co.
$19,773.00 +
350.00 for additional needed work
Patterson Home Improvement
$24,400.00
$45,000.00 to put house in good condition
Northwest Home Improvement
$13,200.00
Hugh Ragan made a motion the bids be turned
with a recommendation back to full council at
seconded the motion which carried 6-0.
evaluation
Max Bacon
over to committee
the first meeting
for their
n December.
Dedication of Road: Jack Shinall stated we have a letter from Bill & Gearldean Askea,
John H. Cunningham and P. F. Bentley requesting that the City accept dedication of
a street, described in the letter as f'ollows:
November 19, 1984 - Continued
Forty (40) foot right of' way off of South Cobb Drive with all buildingS .chat now exist
to remain. This road begins approximately f'our hundred ( 400) feet north of Church
Street. It is further described on the attached drawings (by J. S. Ross and Associates
dated 8/l2/83, located in Land Lot 379, District l7 Section 2, Cobb County, City of
Smyrna, Georgia. The existing set backs and curb cuts as is are acceptable by the
City for this property.
Vic Broy:Le$ stated this was a standard form of agreement between the owner and con-
tractor and the road was built per Jim David's specifications. There is some damage
to the road, but Mr. Askea had stated he would either make the repairs or pay the
City to do it. Vic said lVIr. Askea has installed one street light which appears to
be adequate and did not see any problem with the City accepting the road.
Jack Shinall made a motion the lVIayor be authorized
street dedication after a full inspection by the
required repairs by the Engineering Department. Hugh
carried 6-0.
to sign the plat accepting the
Engineering Department and all
Ragan seconded the motion which
Equipment Surplus: Jack Shinall read a list of items to be surplused from the Parks
Department and sold at auction on December lst and made a motion it be approved. Max
Bacon said he also had a list of vehicles from the Sanitation Department to add to
the surp:Lused equipment, and the motion was withdrawn. lVIax Bacon read the list of'
vehicles to be surplused and sold at the auction and Jack ShinaJ.l made a motion the
items be approved. Max Bacon seconded the motj.on which carrj.ed 6-0. III:
Max Bacon read a resolution appointing Welker and Associates as project
the Water and Sewer improvement project as follows:
engineers
WHEREAS, Welker and Associates have acted as the city's consulting
in the and sewer study and renovation project and have rendered
tance in the issuing of water and sewer revenue bonds to facilitiate
of the city sewer system;
engineering f'irm
valuable assis-
.che improvement
NOW THEREORE BE IT RESOLVED by the lVIayor and Council of the City of Smyrna that Welker
and ASSOciates be and by this resolution are hereby appointed as the project engineers
for the Water and Sewer improvement project to be funded through the water and sewer
revenue bond issue of the city, to serve at the pleasure of the Mayor and Council,
in accordance with the fee schedule hereto attached.
Max Bacon made a motion the resOlution be approved. Jack Shinall seconded the motion
which carried 6-0.
Resolution:
follows:
Jack Shinall read a resolution concerning privilege license holders as
WHEREAS, have been throughout the year 1984 and in certain previous years, num-
erous s as to the method of operation and conduct of' the p~trons of certain
establishments licensed by the city and approved by the Mayor and Council as "privilege
licenses" as well as concern for the health, saf'ety and welfare of' the citizens of'
the City of Smyrna due to such operation and conduct;
BE IT RESOLVED that the Mayor and Council, or the duly appointed committee thereof,
shall review each "privilege license" prior to the renewal date thereof and in those
licenses where the renewal thereof appears to be detrimental to .che health, saf'ety,
and welfare of the citizens of Smyrna or where the operation of the business or conduct
of the patrons thereof' are a nuisance, or are contrary to the ordinances of the City
or laws of the State of Georgia, or where the same, while not constituting sufficient
cause in a singular isolated instance or even.c, it appears more than one incident
has caused the institution of' additional city services including but not limited to
added pO:Lice protection in the vicinity of the establishment for the protec.cion of
the citizens, patrons or the business;
THEN, The lVIAYOR and
to such Rprivilege
and upon failure of
be denied.
COUNCIL, or the duly appointed committee thereof shall
license" holder to show cause why such license should
such license holder to justify the renewal thereof the
give notice
be renewed
same shall
Jack Shinall made
privilege license
6-0.
a motion
holder in
the resolution be approved, and
the C;1 ty. Max Bacon seconded
a copy delivered
the motion which
to each
carried
~
November 19, 1984 - Continued
Approval of Minutes: Hugh Ragan made a motion the minutes of October 15, 1984 be
approved. Max Bacon seconded the motion which carr~ed 6-0.
Committee Reports: Hugh Ragan said he apprec~ated Commissioner Emmett Burton for
his interest in attending our meetings.
(Employee Benefits) Kathy Brooks said at the next meeting she would propose some
changes to the retirement plan which would aff'ect all employees of the City. Our
present ordinance states that for a person to be vested you must be 50 years of age
and have 15 years service. This will change to 10 years of service regardless of age.
We will also add a death benefit to cover all employees, regardless of age or service.
There is also a plan f'or employees to voluntarily contr~bute to a retirement plan.
The cost of these added benefits will be $14.92 per employee per month, or $39,388.80
per year in addit~on to what we already pay ~nto the pension plan.
(Parks) Sherry Reav~s said that cartoons would
at Church Street; December 6th is the Fest~val
Calling w~ll be Decemaber 12, 13 and 14.
be
of
shown
Music
Wednesday
and Tree
at 9: 30
Lighting;
and 1: 30
Santa's
Jack Shinall said there was one thing he had failed to ment~on tonight in his mot~on
on the rezoning in his ward. .Jack said he felt council should carefully review any
request f'or building permits in that area and possibly not issue any permits until.
the new trunk line ~s constructed, due to the sewage prOblems downstream.
(Police) Chief Little thanked members of Mayor and Council for attending the memorial
service fOr Corporal Stacy Fuller who was killed in the l~ne of duty last week. Chief
Little said he appreciated everyone's consideration and compassion, because this was
a good man.
J~m Hawkins said
told Chief Little
necessary.
Stacy was one of our best
we also appreciate the job
officers and also
these men do; it
a
is
friend of his.
very thankless
Jim
but
Max Bacon congratulated .Jim Tolleson on be~ng elected to the State Senate in the Novem-
ber 6th election.
With no further business, meeting adjourned at 9:00 p.m.
if'
NET CONSTRUCTION FEE
COST
$ 100,000 11.63
::;WO, 000 10.25
500,000 8.52
1,000,000 7.53
5,000,000 6.42
10.000,000 6.03
50,000,000 5.70
100,000.000 5.64
Welker and Associates, Inc.
Marietta, Georgia
-4-
~,j/"
'aN
, ,
_'~_'^_~_"~m,,,~-,,-,,
INTEROFFICE MEMORANDUM
.,
vehicles
The following vehicles are to be surplused;
V- I. 113 - 1971 Ford L-750 - TN! N76FVK51098 -
V/2. tl9 1975 GMCDump- mil TCE615V567689
V'3. /115 - 1975 Chev. C-I0 - InllccV145A55240
~ 4. 1119 1972 Ford F-700 Inti F60CVP40994
..( 5. 1128 1974 Ford F-700 - Inll E15GHU50772 .--
EQUIPMENT TO BE SURPLUS ED FROM PARKS & RECREATION
978 Ford Truck
1
xtures
1970
k
45 Incandescent 1
1 Typewriter. Royal 550
1 IBM Typewriter
1 Burroughs adding machine
1 Calculator TCA 400
2 Portable
List of a
A125 Voice Gun (bullhorn)
Royal 660
Aquarium Rack
Folding Tabl es
1
1
1
4
Serial #F10GNAH0339
Serial #CS104A257593
#1718 City Decal
#J207510D
#005193
Dynavox
#73932
#0441 City Decal
ALBUMS
I'VE GOT TO LIVE - CONNIE EATON
SURFER"S CHOICE - DICK DALE
THE COOL WORLD OF JACK SHELOON
THE LOOK OF LOVE
SILVER PLATTER 13 & 14.15& 16. 17 & 18
CHARLIE BYRD HIT TRIP
BHEN LANZARONI
MARION WORTH
JUSTINE
GUS THOl\1AS
A WOMAN'S SIDE OF LOVE
GOING IN TRAINING
DUANE DEE
MIREILIE MATHIEU
NINE FOR NOVEMBER
BEAUTY AND THE BEAT
3 IN THE CELLAR
HENRY JEROME
GYPSY MAN
THE BEST OF BUDDY MERRILU