February 4, 1985 Council Meeting
schedu:1ed meeting of Mayor and Counci:1 was he:1d pursuant to the Charter
4, 1985. The meeting was ca:lled to order at 7:30 o'c:1ock p.m. by presiding
officer Mayor Arthur T. Bacon. A:ll Counci:l members were present. Also present
was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R.
E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry
Reavis, Public Works Director Vie Broyles, Assistant City Clerk Melinda Dameron,
Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian
Doris Morris and representatives of the press.
Invocation was given by Jim Hawkins followed by the pledge to the flag.
Citizens Reports: Fred
but Mayor Bacon stated
allow any discussion.
Bostick asked
it was on the
about
agenda
the
for
appointment of the
approva:l tonight and
Fire Chief
would not
Eddie Vanic reminded everyone of the B:lood Drive on February 18th at the First
Methodist Church.
Rezoning: Billy Askea, Jimmy Freeman and Lyn Gause requested rezoning of 33.075
acres in Land Lots 600, 601 and 625 from R-20 to RM-:10 Condominiums. There was
a large group in opposition and representatives of both sides were sworn in by
Attorney Camp. John Denny represented the applicants and presented a letter to
be t' with the Clerk. Mr. Camp stated that council should accept the letter
under dvisement and neither accept or reject it at this time. Mr. Camp said this
was an amendment to the applicaiton and may not be timely :filed (copy to be made
a part of these minutes). Mr. Denny said they had met with the homeowners in the
area and tried to work out an agreement which would stil:1 be economically :feasib:1e.
They worked with their engineers in an attempt to utilize the property for single
family detached houses but this type development wou:1d only allow 2 units per
acre due to the topography of the land. Therefore, the only feasible use is for
condominiums. They wou:1d be willing to reduce the density to 8 per acre but could
not go any lower because it would not be economically feasib:1e.
Max Bacon said at their last meeting with the homeowners they had agreed to 4
uni ts per acre and he :tel t like they had misled the people. Mr. Denny said that
was not their intention; some of the people had indicated they would agree to
that and some did not. Max Bacon said the ingress and egress to the property was
also a big concern. Mr. Denny said they would like to have better access to tILe
property and realize it is not a good spot, but it is the only available access
at this time. The ingress and egress will be from Ridge Road, next to Argo Road.
Mr. Denny said they realize the topography of Ridge Road is not good and they
would like a better site, but felt the zoning shou:1d not be denied on availability
of access to the property.
Max Bacon asked about water and sewer service and Mr. Denny said they had checked,
and lines were availab:1e. Max Bacon said he understood one of the lines was okay
but there was a problem with the line behind Kingstowne Apartments which was found
to be blocked with debris and asked if they would be willing to bear the cost
of Cleaning the line. Jim Belk with Welker & Associates was called for a report
on the line and was sworn in by Attorney Camp. Mr. Belk said they were asked to
look into the sewer lines in the Vicinity of this property. They found an 8" line
off Cedar Cliff Drive that appeared to be in pretty good condition. Further downstream
they found some debris which was Obstructing the flOW, and would have to be cleaned
out. Mr. Belk said he did not know what the cost would be to clean the line, but
it needs to be taken care of before development begins.
Foster Yancey also representing the applicants said they were willing to do anything
that any other developer would be required to do, but they had checked with the
county and know sewer is available to the property.
Mr. Yancey said these units would
lower priced units being adj acent to
would be properly buffered so that
negligible. The buffer would vary on
may require 50 or 60 feet.
sell
the
the
the
from $70,000 to upper $80,000 with the
apartments and hospital. The development
impact on the residential area would be
topography of the land and some conditions
Joel Harrell represented the Smyrna Area Homeowners Association in opposition
and stated in June :1983 this property was denied for apartment development. The
RM-10 was some better, but within a one mile radius there are over 900 mul ti-family
units either complete or under construction. Mr. Harre:11 said this development
was not compatible with the surrounding area and would negativelY affect property
February 4, :l985 - Continued
va:lues of homes in the area. Traffic is always a major problem this would
only worsen a bad situation on Bidge Road since this development d generate
an additional 425 cars. An additional concern was the entrance which will be situated
at a dip in the road with curves in both directions. Mr. Harrell also stated it
would mean an increase in city services including water, sewer, sanitation and
police and f'ire protection. Mr. Harrell said he thought the developers were under-
estima.ting the growth of' Smyrna and they cou:ld see no reason why single f'amily
homes could not be built on the property.
Bill Thornlow, president of' the Cedar Cliff' Neighborhood Association spoke and
said they had met several times the proposed developers and there was no
real interest by them in reaching a compromise. They f'e:l t this was spot zoning
and would adversely af'fect their investment.
Doctor Patterson spoke and said he was concerned with the ingress/egress to the
development because visibility is extremely limited at this :location. This portion
of Ridge Road has been improved as much as it can be because of' a very large water
line under the road which cannot be moved.
Paul Argo also spoke in opposition and said he, too, was concerned with the access
to the property. Mr. Argo read a letter t'rom Doug Hef'ty, Cobb County Traffic Engineer,
asking that the City not approve this zoning because of' the road conditions.
After further discussion,
:following reasons:
Max Bacon made a motion the zoning be denied for the
l) The ingress and egress for this property would be through R-20 zoning which
is a natural part of the surrounding R-20 subdivision.
2) The additional trat'fic generated by this development would require road improve-
ments which the City of Smyrna has not allocated funds f'or. The addition to congestion
would also create an undue traff"ic hazard for this residentia:l area along Ridge
Road. This development would cause the necessity f'or improvements to the road
at the intersections of Ridge and Atlanta Road and Ridge at South Cobb Drive,
and further improvements with Ridge Road at the access to the property. All the
above mentioned improvements would have to be at the county' s specifications and
design. A traffic signal would be absolutely required.
3) Because of access to the property through some of the nicer
in the CitY the zoning would be tanamount to putting condominiums
of a sing:le fami:ly residential neighborhood containing some of the
homes in the county which would greatly adverse:ly affect the value
property holders.
neighborhoods
in the center
higher quality
of' surrounding
4) Applicant has not shown that the
use it is presently zoned for; and to
built adjacent to the SUbject property.
property is economically unsuitab:le for
the contrary, single family residences
the
are
5) This zoning would have an adverse affect on the general welf'are, health and
safety of the existing citizens of the area.
James Williams
because of' the
plan to blend
motion carried
seconded the motion. .:rack Shinall said
safety aspects and also because the
the zoning :from Kingstowne Aparatments
6-0.
he woul d
developer
to Ridge
support the motion
did not present a
Road. Vote on the
Appointment of Fire Chief: Hugh Ragan said this appointment was one of the most
difficult decisions he had ever been invo:lved in. There was strong support on
each side and they knew they could not please everyone, but they had tried their
best to do what they thought was the best for Smyrna. Hugh said that Hubert Cochran
has been a dedicated employee for 29 years and has many friends in Smyrna. During
the last to 3 i\ years he has held his head high and done his jOb as a man. Hugh
said we him a debt of gratitude; however, they feel the citizens are entitled
to the best Fire Chief we can find. The person selected is experienced, energetic
and a man of vision. Hugh Ragan made a motion that Larry Wi:lliams be appointed
Fire Chief", seconded by Kathy Brooks. .:rim Hawkins said he intended to vote against
the motion" This was a very difficult decision and knew they felt what they were
doing was for the best. .:rim said he believed Hubert Cochran should be Chief; he
has e job and we owe him a debt ot' gratitude. .:rack Shinall also
said been easy; it was a tough decision that had to be made. At first
he thought maybe Hubert was not the man f'or the jOb but he is qual if'ied and has prog"'-
res sed over the last 3 years.
able, he would not support the
Hawkins and Jack Shinall opposed.
Jack stated that
motion. Vote on
based on
the mot ~on
all ~nformation avail-
carr~ed 4-2, with Jim
Pr'i vi:lege License: William Owens Somers requested a transf'er of' the liquor, beer
and wine package license for Red Dot Package Store, Inc. at 3809 South Cobb Drive.
There was no opposition. Mr. Somers said he was t'amiliar with our ordinances and
has been the manager of the store the past 3 years. He also was familiar with
the problems the former license holder had concerning sales to minors. Ch~ef Little
stated they have had no problems since Mr. Somers took over and the police
invest~gation was favorable. Kathy Brooks made a motion the license be approved.
Jack Shinall seconded the motion which carried 6-0.
Variance: Kay Johnson requested a variance to widen her driveway and enclose
a portion of it to within 2 feet of the adjo~ning property line at l855 Tecumseh
Trail. Ms. Johnson was not present but Max Bacon read a letter from the adj oining
property owner stating they had no objections to the enc:losure. There was no opposition
and Max Bacon made a motion the variance be approved. James Williams seconded
the motion which carr~ed 6-0.
Moratorium: Max Bacon said a:l:l the information requested concerning the 90-day
moratorium on multi-family zonings had not been rece~ved. They did receive a
recommendation and letter from the School Board indicating attendance, capacity,
etc. The information requested from the State Department of Transportation is
also complete; however, they sti:ll are waiting on information from the county
concerning roads and would like to wait to see how the new county bond issue will
affect this area. Max Bacon made a motion the moratorium be extended another 60
days until Hensley-Schmidt compiles the information concerning the bond issue.
Jack Shinall seconded the motion which carried 6-0.
In regards to the moratorium on multi-f'amily and commercial variances, Jack Shinall
said the primary portion of the information they were working on is being developed
by Hensley-Schmidt. The county is considering changing a large portion of their
zoning package including setback requirements. Hopefully, we will have most of
this information back by the next meeting. Jack Shinall made a motion the moratorium
on variances be extended until the next council meeting, February l8th. At that
time if the information is available and has been reviewed we can act; if not,
we may have another extension. Jim Hawkins seconded the motion. Jack Shinall said
the moratorium is for multi-f'amilY and commercial only and single family residential
detached units are not a part of the moratorium. Also, app:licat;ions for variances
will be accepted in case ot' an absolute hardship. Vote on the motion carried 6-0.
John Corey, owner of Mom and Pop' s Food Store on Windy Hill Road stated he would
like to improve the po:le and sign at his store but cannot because of the moratorium
on variances. Mr. Corey said he needs to relocate the sign pole which has been
grandfathered into the City right of way and urged council to consider his request.
Commercial BUilding Permits: Commercial building permit;s were presented by Inspector
Scott Stokes and recorded as fol:lows:
l) Dr. Cabot :requested a build~ng permit to remodel his of'fice at 3903 South
Cobb Drive at a total est~mated cost of $ 30,000. Jack Shinal:l 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.
2) Halpern Enterprises requested a building permit f'or remodeling at
Cherokee Road at a total estimated cost of $5,000. Kathy Brooks made
the perm~t be approved subject to approval of the City Engineer and Fire
Jack Shinall seconded the motion which carried 6-0.
l022-l8
a motion
Marshal.
3) Moran and Company requested a building permit f'or tenant space at 4400 Righland
Parkway at a total estimated cost of' $60,000. Hugh Ragan made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins
seconded the motion which ca:rried 6-0.
Bid
and
away
that
Opening: Bids f'or the relighting of Jonquil Park #1 ballfield were opened
recorded as t'ollows. Jim Hawkins said we need to get started on this right
to have the field completed in time for opening day of' softball and requested
the bid be awarded tonight after being reviewed by the Parks staf'f.
February 4, 1985 - Continued
l)
Hunter-Kn~pshield
$l3,239.85
2)
L&L Lighting
$ 8,340.00
3)
Musco Sports Lighting
$l2,945.25
4)
Lewis &. Wiley
$ 9,500.00
Bid Openina;: Bids for a dump bed for a Parks Department truck were opened, read
and recorded as fol:lows:
l)
Interstate Truck Equipment
$2,350.00
2)
Truck Transport Equipment
No bid
3)
Repub~ic Truck Equipment
$2,929.00
4)
Fontaine Truck Equipment
$2,495.00
Jim Hawkins made a
their recommendation
which carried 6-0.
motion the bids be turned
back at the next meeting.
over
Jack
to the
Shinall
Parks Committee with
seconded the motion
Bid Award: Jim Hawkins made a motion the
Lighting f'or installation of the new :lights
seconded the motion which carried 6-0.
low
at
bid of
Jonquil
$8,340.00 be awarded
Park field #l. Kathy
to L&L
Brooks
Bid Opening: Bids for a new pickup truck ror the new City Engineer were opened,
read and recorded as t'ollows:
l)
Fouts Brothers
$6,577.00
2 )
Wade Ford
$7,436.88
3)
Beaudry Ford
$6,500.00
4)
Capital Ford
$7,9l8.82
Hugh Ragan made a motion the bids be turned over
with authority to purchase the low bid, seconded by
he would to do business with local vendors since
in the two bids. Vote on the motion carried 6-0.
to the Engineering Committee
Jim Hawkins. Bacon stated
there was difference
Ra,gan made a motion the Emergency Outdoor
Harolds Sales & Service, the low bid at
which carried 6-0.
Warning system equipment
$4,450.00. Kathy Brooks
James Williams made motion the installation or
awarded to Lovern Construction and paid from
ect to approval or the underwriters of the
which carried 6-0.
the water
the Water
bond. Jack
line on
& Sewer
Shinall
Approval of Proposal: Jack Shinall stated the Finance Committee
several qU9ta,tions for a new sound system for the council chambers
their reC9mmendation that Audio-Tech be awarded the bid to replace
sound SYlStem and outside speakers. Their proposal was for $4,614 but
know the exact cost of the speakers. Jack made a motion the bid
Audio-Tech at a cost not to exceed $5,000 to be charged to General
Jim Hawkins seconded the motion which carried 6-0.
had received
and it was
the entire
we do not
awarded to
Contingency.
Jack Shinall read a proposed amendment to the Charter as follows:
Be it
in the
tution
of Smyrna,.
that the Clerk is hereby authorized to advertise for
newspaper in accordance with the Home Rule provisions of
State of Georgia the following amendment to the Charter
publication
the Consti-
of the City
A
to amend the Charter
ce:r:>tain taxes for
conditons and as to amount
under
of
City of Smyrna,
of the City 65
such exemptions,
to p;rovide
years at'
to delete
for Homestead
age or older
any limitation
by reason of
or ordinances
length or period ot' residency during prior years,
in conflict therewith, and for other purposes.
to
repea:l
all
acts
BE IT HEREBY RESOLVED, that the Charter
5, Homestead Tax Exemption, Section 78
read as follows:
ot' the City
AUTHORITY
of
TO
Smyrna, Article VII,
GRANT be amended so
Divison
as to
The Mayor and Council of the City of Smyrna shall be authorized to exempt from
taxation by the City of Smyrna, for the year 1985 and subsequent years, except
for school purposes and to pay interest and bonded indebtedness, the homestead
of each resident of the City of Smyrna, who is 65 years of age or older, j_n an
amount not to exceed $4000, provided such residence is actually occupied by the
owner as the owner's principal residence.
All laws, acts, or ordinances or parts thereof in conflict with these provisions
are hereby repealed.
Jack stated there also has been some question as to j oint ownership and read the
following POlicy:
BE IT RESOLVED that upon passage of the 1985 amendment to the Charter of the City
of' Smyrna, dealing with Homestead Exemption for residents 65 years of age or o:lder,
it shal:l be declared the pOlicy of' the City, that for such ad valorem tax purposes
within the City, in the event the residence for which such exemption is sought
is owned by husband and wife under any recorded form of fee simple ownership,
the qualification of one spouse shall serve to qualify the whole of the property
for such exemption.
Jack Shinall made a motion the Clerk be authorized to advertise the Charter amendment
as previouSlY read. Max Bacon seconded the motion which carried 6-0.
Jack Shinall made a motion the Policy statement also be approved as read. Max
Bacon seconded the motion which carried 6-0.
Approval of Minutes: Max Bacon made a motion the minutes of January 7 and 23
be tabled to the next meeting. Hugh Ragan seconded the motion which carried 6-0.
Bid Request:
to be opened
6-0.
Jim Hawkins made a motion bids be requested for swimming pool chemicals
the next meeting. James Williams seconded the motion which carried
Bid Request: Hugh Ragan made a motion bids be requested for a 9 passenger vehicle
t'or Emergency Management, to be opened the t'irst meeting in March. James Williams
seconded the motion. Mr. Farley was asked if he plans to surplus any vehicles
and he stated this would replace a vehicle so:ld at the :last auction. Mr. Farley
said he would hate to turn over any of the other vehicles because they all have
specific purposes, but he wou:ld look into eliminating at least one after discussing
it with the committee. Vote on the motion carried 6-0.
Bid Request: Jim Hawkins made a
Parks and Recreation to be opened
surplusing a vehicle and this is
which carried 6-0.
motion bids be requested for
at the next meeting. Jim
a budgeted item. Max Bacon
a new vehicle for
said they would be
seconded the motion
Bid Request; Hugh Ragan made a motion bids be requested t'or hazardous material
response equipment for Emergency Management, to be opened the next meeting. Jim
Farley said this was primarily protection equipment and his department is planning
to implement an inter-departmental response team from Emergency Management, Fire
and Police personnel. James Williams seconded the motion which carried 6-0.
Jack Shinall stated the Douglas County
would be a Highlands Park development and this was
a :franchise agreeement with the City of Smyrna. The contract originally was for
35 years but has been amended to 15 years. Jack Shinall made a motion the contract
be approved with the stipulation that we send a letter to Doug:las County EMC urging
them to work with all perSonS that presently use the franchise areas that would
lie in this boundary. James Williams seconded the motion which carried 6-0.
Appointment: Jim Hawkins made a motion
Superintendent for the special election
seconded the motion which carried 6-0.
that Sarah
to be held
Jones be
February
appointed
19,1985.
as Election
Hugh Ragan
February 4~ :l985 - Continued
Mayor Bacon stated at the present time a good percentage of our water customers
are on sewerage, but are not paying for it. He had contacted Welker & Associates
about smoking the lines in certain areas to determine exactly how many are not
actually on city sewerage. Mayor Bacon said we also need to draw up an ordinance
where we can f'ine plumbers f'or tying onto the city lines without paying the tap
fees. Welker & Associates estimated that it would cost from $5,000 to $lO,OOO
to smoke the lines and would take about 25 to 30 working days to complete. Max
Bacon said he thought that was a :lot of money to spend and asked why we couldn 't
send letters to these people asking them to show proof that they have paid for
a sewer tap, if not they will be billed. Mr. Camp said there are two different
issues involved; one is people that are on the sewerage and not paying the monthly
rates and the other is people that have not tapped on. After further discussion,
Jim Hawkins made a motion Welker & Associates be authorized to smoke the :lines,
to be paid from the E&C Fund, seconded by James Williams" After discussion the
motion was amended to allow Welker & Associates to smoke the lines after a 30
day period to allow enough time to send a letter to those not paying sewerage.
Vote on the motion and amendment carried 6-0.
Committee Reports: Jack Shinall
Revenue Sharing and most of the new
Revenue Sharing. This is the only
Federal government. It is important
their Congressman about'keeping this
stated the new Reagan budget does not include
vehicles we have purchased are purchased through
no strings attached money we receive from the
to this City and Jack urged everyone to contact
;apporlt:tonment.
{Parks}
Sherry Reavis reported on upcoming events in the Parks Department.
Jim Hawkins welcomes
an asset to the City.
Mike
Hutchinson,
the new engineer
and
stated he would be
Jim Hawkins stated he was disappointed on the vote for the Fire Chief tonight
and he had strong feelings about the appointment. However, every member of' council
needs to get behind the new chief and support him. Jim said we could have the
finest Public Safety department in the area and he would support the new chief
and do everything he could to help.
Jack Shinall also stated he would be behind the new chief lOO%.
James Williams said this appointment was a very emotiona:l thing and a big decision
for him to make. He felt that in 1983 Mr. Cochran was not given equal consideration,
but this time he was convinced that the Civil Service Board did an excellent job.
James said he has always supported Hubert Cochran and will continue to do so.
However, when he took off'ice he was charged with making the best selection for
the City.
With no further business, meeting adjourned at 9:32 p.m.
************************