August 5/19, 1985 Council Meeting
August 5, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on August 5, 1985. The meeting was called to order at 7: 30 0' clock
p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were
present. Also present was City Attorney Charles E. Camp, City Clerk Willouise
Spivey, City Administrator John Patterson, Police Chief R. E. Little, Fire
Chief Larry Williams, Parks and Recreation Director Sherry Reavis, Assistant
City Clerk Melinda Dameron, Civil Engineer Mike Hutchinson, Emergency Management
Director Jim Farley, Librarian Doris Morris and representatives of the press.
Invocation was given by James Williams, followed by the pledge to the flag.
Jim Hawkins said that Mayor Bacon was a little bit under the weather tonight
and not able to attend the meeting.
Citizens Reports: Bob Arnold complained of the eyesore caused by AAA Cab
at the corner of Concord and Spring. Mr. Arnold said they were running a junk
yard there and this is the second busiest intersection in the City. Jim Hawkins
said this matter has been reported to the City Marshal and he is looking into
it now.
Jay Wallace represented the Smyrna Jaycees and requested a roadblock for the
Muscular Dystrophy Drive on August 17 & 18 at the intersections of Spring
& Hargrove and Cherokee & South Cobb Drive from 10 to 6 Saturday and 1 to
6 Sunday. Jim Hawkins asked Mr. Wallace to coordinate with the Police Department.
Betty Evans with
concerning some
other questions
asked Ms. Evans
these problems.
AAA Cab said they had recently been contacted by
changes they need to make to their equipment and had
concerning the ordinance regulating taxi services. Jim
to make an appointment to meet with John Patterson to
the City
several
Hawkins
discuss
George Holt, Executive Director of the Georgia Fire Training Council read
and presented a resolution to Fire Chief Larry Williams in recognition of
the department's efforts and cooperation in successfu1ly comp1eting the
requirements for a certified Fire Department. Chief Wi11iams said that every
employee of the Fire Department took the test and we shou1d be proud of them.
Executive Golf, Inc. Jack Shina11 said we have been presented with two agreements
to be signed tonight for Executive G01f, Inc. and read a resolution as follows:
WHEREAS: The City of Smyrna has heretofore entered
for the deve10pment of g01f course and attendant
the property known as North Smyrna; and
into a concession agreement
faci:tities on a portion of'
WHEREAS: It is necessary and desirab:te by the concessionaire to obtain financing
to make the necessary improvements and construction; and
WHEREAS: The City has the right to
by the concessionaire, without the
for repayment or otherwise; now
approve the financing arrangements made
City incurring any liability whatsoever
THEREFORE: BE IT RESOLVED that the Mayor and Counci1 of Smyrna hereby consents
to the actions of the concessionaire in the assignment of the Concession Agreement
to the Cobb County Deve10pment Authority as security for the bonds to be issued
by the said authority, to enab1e Executive G01f' Associates (the successor
Concessiona:ire) to develop and construct the g01f course at North Smyrna Park.
Further, insofar as approval of any proposed bondholder may be imp:tied, the
"private placement" of any bond issue to the Chattahoochee Bank is hereby
approved. Provided however> nothing here:in contained shall imp1y the assumption
of any liabi1ity on beha1f of the City of Smyrna and the City sha1l not have
any liabi1ity or responsibility for the repayment of the bonds or any other
expense incurred in the project.
Attorney Camp said these agreements wi1:t not p1ace any additiona:t liability
on the City and w:i:t:t have no effect on the portion of the income we wi:t1 receive;
it will a:t10w Executive G01f to obtain funds at a lower interest rate for
their construction.
Jack Shina11 made a motion the res01ution be approved and the Mayor or Mayor
Protem be authorized to sign the Agreement of Assignment, Assumption and Attornment
and the Agreement to Substitute Parties. Max Bacon seconded the motion which
carried 60. Mr. Camp said he had been assured by the attorneys for Executive
Go:tf that there would not be any more agreements to be signed after this.
August 5, 1985 - Continued
Rezoning: Ted Jones with Avesta Realty represented Mrs. JaCk L. Atkinson
in her request to rezone property in Land Lot 523 located at 1254 Concord
Road from Future Commercial to Limited Commercial. There was no opposition.
Mr. Jones said this property is joined by Limited Commercial zoning on the
south side and Future Commercia1 on the north side. The existing house wi11
be renovated and used for offices. Jack Shinall said he would 1ike for Mrs.
Atkinson give us something in writing to the effect that Mr. Jones was
authorized to represent her in this request. Max Bacon said the Planning and
Zoning had recommended the zoning be approved and made a motion the
zoning be approved as requested. Bob Davis seconded the motion which carried
6-0.
Michae1 John Kostas requested a beer pouring license for
Inc., 3807 South Cobb Drive. There was no opposition. Mr. Kostas
a chiropractor with his of'fice located on F10yd Road at South
but had recently invested in the deli and was part owner. They
were requesting the license to be able to serve beer with meals, at the request
of some their customers. Max Bacon said that in past years we have had
a good deal of trouble at this location and asked Mr. Kostas if he was aware
of that. lVIr. Bob Goodman, also one of the principals involved said he wou1d
not serve beer without food and would on1y be open until 8:00 p.m. After further
discussi.on Bob Davis made a motion the license be approved, seconded by Jack
Shinall. Vote on the motion carried 6-0.
Variance: Hardee's at 2654 New Spring Road requested a variance to increase
the height and square footage of their existing sign. Hugh B1ack, Regional
Director of Operations with Hardee's was present along with Alton Abernathy
with Neon Signs. There was no opposition. Mr. Black said the existing
sign was not visib1e from U.S. 41 and with the construction of the new 7 story
Day's Inn, it would be even more dif'ficult to see. They were requesting a
10 x 29' sign on an 80' pole which is one of Hardee's standard signs. Mr.
Black said they felt increasing the size of the sign would definitely increase
their possibly by as much as 30%. If denied, it would place an undue
hardship on them especia11y when the hotel is completed. Bob Davis said he
had the site and cou1d understand their situation and made a motion
the be approved. Jack Shinall seconded the motion which carried 4-2,
with Kathy Brooks and James Williams opposed.
Commercial Bui1ding Permits: Commercial
Kathy Brooks and recorded as follows:
building permits were presented by
1) Construction Steel, Inc. requested a building permit for an addition to
the f'ront of the building at 1772 COrn Road at a total estimated cost of $25,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried
6-0.
2) Tramme11 Crow requested a building permit for tenant finish
Park Drive at a total estimated cost of $11,000. Bob Davis made
permi t be approved subj ect to approval of the City Engineer and
James Wi11iams seconded the motion which carried 6-0.
at 1950 Lake
a motion the
Fire Marshal.
3) Larry South requested a bui1ding permit for roof repair at the 1st Methodist
Church on Concord Road at a tota1 estimated cost of $38,000. Max Bacon made
a motion the permit be approved subject to approval of the City Engineer and
Fire Marshal. James Wi11iams seconded the motion which carried 6-0.
4) J. D. Daniel requested a bui1cling permit for interior renovation at Dunaway's,
2953 Atlanta Road at a total estimated cost of $45,000. Bob Davis made a motion
the permit be approved subj ect to approval of the City Engineer and Fire Marshal.
Max Bacon seconded the motion which carried 6-0.
new facia
Davis made
engineer and
5) J. D. Danie1 requested a building permit for constructon of a
at 2957 Atlanta Road at a tota1 estimated cost of $50,000. Bob
a motion the permit be approved subj ect to approval of the City
Fire Marsha1. Jack Shina11 seconded the motion which carried 6-0.
6) E. L. Ruus requested a bui1cling permit for the
Wilson WaY at a tota1 estimated cost of $1,247,000.
the permit be approved subject to approval of the City
Jack Shina11 seconded the motion which carried 6-0.
Trans Am Building at 1200
Hugh Ragan made a motion
Engineer and Fire Marsha1.
..~
August 5, 1985 - Continued
Max Bacon stated at the 1ast meeting
construction on At1anta Road @ Spring
Transportation had requested that we
the p1ans.
building permit for Exxon for new
tab1ed and said the Department of'
this permit unti1 they can review
a
was
hold
Moratorium Mul ti-Family Rezonings: Max Bacon said he hoped this wou1d be
the :tast time we wou1d have to extend the moratorium on multi-family rezonings.
Fina1 plans have been received from Hens1ey-Schmidt but there are still some
things that need to be considered, one being an impact fee. Max made a motion
the moratorium be extended another 60 days, seconded by Hugh Ragan. Vote on
the motion carried 6-0.
Moratorium - Home Occupation Licenses: Kathy Brooks said the format for app1ying
for a home occupation 1icense had been comp:tete1y changed a10ng with the ordinance
amendment as we:tl as increasing fees and requiring an annua1 review before
renewal. Kathy made a motion the moratorium on home occupation licenses be
lifted. Bob Davis seconded the motion which carried 6-0.
Resolution: Jack Shina11 read a reso1ution endorsing the rescinding of the
Georgia Motor Vehic1e Emission Inspection & Maintenance Act as f'ollows and
stated the :taw was prejudice by sing1ing out certain counties to comply.
WHEREAS: The 1979 Georgia Motor Vehic1e Emission, Inspection and
Act requires all cars in "se1ected Areas" to be inspected for emissions;
Maintenance
and
WHEREAS: Senate
to the licensing
and
Bill 1:t5 requires
or operating of a
a va1idation
motor vehicle,
sticker to
effective
be issued
January 1 ,
prior
1986;
WHEREAS: The Senate Bi11 115 wi11 require a $5.00 fee and great inconvenience
for each emission inspection; and
WHEREAS:
residents
and
The maj or contributors to emissions
of other counties passing through the
in Cobb County come from those
county for employment purposes;
WHEREAS: The Act is
registered or 1icensed
be inspected; and
discriminatory in
in counties with
requiring
more than
only those motor vehicles
200,000 motor vehic1es to
WHEREAS:
Air quality prob1ems are not prevalent in Cobb County; now
THEREFORE: BE IT RESOLVED that the Mayor and City Council of' the City of
Smyrna hereby record their oppositon of the Georgia Motor Vehicle Emissions
Inspection & Maintenance Act and the provisions of S .B. 115 and urge the Cobb
delegation of the Georgia Genera:t Assemb1y to introduce legislation rescinding
this Act.
Jack Shinall
Secretary of
carried 6-0.
made a motion
the Cobb County
the resolution be approved and
de1egation. Max Bacon seconded
presented to the
the motion which
Approval of Minutes: James
15 be approved as submitted.
6-0.
Wi11iams made
Kathy Brooks
a motion
seconded
the
the
minutes
motion
of July 1 &
which carried
ment Clean Ci t Commission, Jim Hawkins
on be appointed to the C:tean City Commission
Davis seconded the motion which carried 6-0.
made a motion
representing
that
Ward
Marlene
4. Bob
E1ection Qua1if'ication Dates: Upon
Shinall made a motion that September
dates for the November 5 e1ection.
carried 6-0.
the recommendation of
:t6 through 18, 1985 be
James Wi11iams seconded
Jim
set
the
Hawkins, Jack
as qualifying
motion which
Res01ution: Bob Davis made a motion a resolution be approved for the Mayor
and Counci1 of the City of Smyrna to approve the issuance of multifami1y housing
revenue bonds by the Housing Authority of the City of Smyrna, Georgia for
the benefit of F&M Villages, Ltd. James Wil:tiams seconded the motion which
carried 6-0.
Committee Reports, (Library) Doris Morris said the summer reading program
was very successful and read the list of grand prize winners by age group.
August 5, 1985 - Continued
Jim Belk gave a report on the sewer rehabi1itation project.
(Water) James Williams said we are working on an
and i11ega1 dumping and will possib1y s01icit the help
and Police Department to help us enforce it. Their
that if they litter, it will cost them.
ordinance concerning litter
of the Clean City Commission
goa1 is to let people know
Jack Shinall asked Larry Dunn to check the yard at 2881 Sherwood Road again
as it has gotten worse instead of better.
Kathy Brooks thanked Vic
Cherokee Road at Burbank.
Broy1es
for
getting
traffic
light back up
the
hearing comp1aints of creek erosion and
and there is a1ways some question about
Jack asked Chuck Camp and John Patterson
are on when j_t comes to creek deterioration,
Jack Shina11 said we are constant1y
deterioration of banks along creeks
what the City can and cannot do.
to get together to see what ground we
blockages, etc.
(Parks)
Sherry Reavis reported on parks activities.
With no further business, meeting adjourned at 8:40 p.m.
************************
August 19, 1985
The regular schedu1ed meeting of Mayor and Council was held August 19, 1985
at Smyrna City Hall. The meeting was called to order at 7: 30 0' clock p.m. by
presiding officer Mayor Protem Jim Hawkins. All Council members were present.
A1so present was City Attorney Charles E. Camp, City Clerk Willouise Spivey,
City Administrator John Patterson, Police Chief R. E. Little, Fire Chief Larry
Williams, Pub1ic Works Director Vie Broy1es, Emergency Management Director
Jim Far:teY, Parks Superintendent Jimmy Hinson, Building Inspector Scott Stokes,
Librarian Doris Morris, Assistant City Clerk Me1inda Dameron and representatives
of the press.
Jim Hawkins said that Mayor Bacon was back in the hospital and wished him well.
Invocation was given by Jim Hawkins followed by the pledge to the flag.
Ci tizens Reports: Olivia Moore owner of the Dunkin Donuts on South Cobb Drive
stated she was concerned over a situation at Jonquil Skating Rink. On Sunday
nights MrB. Moore said there were 2,000 to 3,000 people at the rink between
the ages of 14 to 22 and 90% of the cars were from DeKalb, Fulton and Gwinnett
counties. They are congregating at her place of business as wel:t as the Burger
King and Krystal and the language and abuse has gotten so bad that she cannot
get anyone to work at night. Smyrna Hill Drive is blocked by cars parking there
and it wou:td be impossib:te for a f'ire truck to pass. Mrs. Moore said she was
also concerned about the number of people in the skating rink in case of fire
and the drinking and loitering in the Dickson Shopping Center area.
Linda Wahl of 741 So. Sherwood Road also complained of the noise from the skating
rink and cars parking on the street. Ms. Wah1 said they owned the mobile home
park on Sherwood Road and residents there were concerned for their safety in
case of fire, because it would be impossible for a fire truck to pass. The
noise :is so loud they cannot s1eep at night and threats have been made against
some residents who have asked them to move their cars. Jim Hawkins said council
had rece:nt:ty been made aware of' the situation and the City would do everything
wi thin its power to re1ieve the situation, and assured both ladies that something
would be done by this Sunday night.
Kathy Hause represented the postal workers of Smyrna and requested permission
to h01d a road b10ck to collect money for Muscular Dystrophy. Jim Hawkins asked
!VIs. Hause to clear everything with Chief Li tt1e and council would have no
objections.
on
August 19, 1985 - Continued
Rezoning: S. C. Carte:r> :r>equested rezoning of 1296 Sunset Avenue from Limited
Commercia:t to Genera1 Commercial. The:r>e was no opposition. Mr. Carter said
the house would be used f'or an antique shop, with some renovations made to
the exterior. A1so, the parking lot will be paved as required. The Planning
and Zoning Board had recommended the zoning be approved and James Wi1:tiams
made a motion the zoning be approved as requested. Max Bacon seconded the motion
which ca:r>ried 6-0.
Variance: Mrs. Frances Grant of 2720 Stone Creek Road requested a variance
from Section 402.25 of the zoning ordinance to a:t:tow her to rent the basement
of her home. Mrs. Grant was not present. Jack Shina11 said Mrs. Grant' s letter
expressed the need for the additiona:t income to care for her and a disab1ed
chi1d. Jack said he sympathized with her needs but counci1 has made a tough
stand on apartment renta1s within residential areas and made a motion the request
be denied. Kathy Brooks seconded the motion which carried 6-0.
Variance: N. C. S10an requested a variance of the rear yard setback requirements
for construction of a new Union Oi1 at 2691 South Cobb Drive. There was no
opposition and Attorney Ed Andrews represented Mr. S1oan. Mr. Andrews said
Union Oi1 has operated at this 10cation since 1963 but times have changed and
unless they can have a food store they will not have a reasonable margin of
prof'i t. Mr. Andrews said they need a variance of 16 feet on the setback and
the property owners to the rear are not opposed. In October, 1984 they requested
this same variance but at the time were asked to get approval from the Department
of Transportation. Council was under the impression then that the State wanted
7 to 8 feet of right of' way and wanted one of the driveways closed. They have
ta1ked with DOT and were told that they cannot require them to close an existing
driveway and also have no desire for an additional strip of property along
Powder Springs Street. Mr. Andrews said if the variance was denied they wou:td
not be able to compete and it wou1d place an undue hardship on them. Mr. Sloan
said the proposed bui:tding is approximately 1600 square feet and is a standard
size for Union Oil. There was some discussion concerning the size of the bui1ding
compared to the Amoco bui1ding on the adj acent corner. Jack Shina11 said council
required Amoco to place no left turn signs on Powder Spring Street from 4: 00
to 6:00 p.m. for safety reasons and asked if they would also be willing to
do the same. Mr. S10an said he did not see any prob1em in prohibiting left
turns between those hours. After further discussion Kathy Brooks made a motion
the variance be tab1ed to the next meeting unti1 they can determine the size
of the Amoco bui1ding. Hugh Ragan seconded the motion which carried 6-0.
Robin Allgeyer requested approval to move the construction trailer from Countryside
Condominiums at 2300 Spring Road to Country Park Drive for a 12 month period.
Bob Davis made a motion the construction trailer be approved for 12 months.
Jack Shinall seconded the motion which carried 6-0.
Commercia1 Building Permits: Commercia1 building permits were
Inspector Scott Stokes and recorded as f0110ws:
presented
by
1) Shell Oi1 Company requested a bui1ding permit for remodeling at 2875 South
Cobb Drive at a total estimated cost of $50,000. Jack Shinall made a motion
the permit be approved subject to approva:t of the Fire Marshal and City Engineer.
James Wi11iams seconded the motion which carried 6-0.
2) D'Lites of America requested a building permit for new construction at
3245 South Cobb Drive at a tota1 estimated cost of $189,000. Hugh Ragar. made
a motion the permit be approved subject to approva1 of the City Engineer and
Fire Marshal. Jack Shina11 seconded the motion which carried 6-0.
3) Raymond FOWler requested a building
Concord Road at a tota1 estimated cost of
the permit be approved subject to approval
Max Bacon seconded the motion which carried
permit for new construction
$130,000. James Williams made
of the City Engineer and Fire
6-0.
at 1330
a motion
Marshal.
4) Hatcher & Sons requested a bui1ding permit for an office/warehouse addition
at 2885 Atlanta Road at a tota1 estimated cost of $25,000. Bob Davis made a
motion the permit be approved subject to approval of the City Engineer and
Fire Marsha1. Hugh Ragan seconded the motion which carried 6-0.
5)
Road
Bob
at
Blough
a tota:t
requested
estimated
a building permit for tenant f'inish at 1860
cost of $ 6,000. Bob Davis made a motion the
Spring
permit
7) W. H. C1ary requested a building permit for tenant finish at 2585-A
Road at a tota1 estiamted cost of $20,000. Bob Davis made a motion the
be approve<tt subj ect to approval of the City Engineer and Fire Marsha1.
Williams seconded the motion which carried 6-0.
Spring
permit
James
August 19, 1985 - Continued
be approved subject to approval of' the City Engineer and Fire Marshal. Hugh
Ragan seconded the motion which carried 6-0.
6) Enterprise Leasing requested a building permit for a parking pad at 2781
Wood1and Terrace at a total estimated cost of $15,000. Hugh Ragan made a motion
the permit be approved subject to approva1 of the City Engineer and Fire Marshal.
James Williams seconded the motion which carried 6-0.
Appointment of Election Superintendent: Jack Shinall
Jones Monsour be appointed Election Superintendent for
Hugh Ragan seconded the motion which carried 6-0.
made a motion that Sarah
the November 5th election.
Jim Hawkins said we learned today that the State Election Code requires a
qualification fee of 3% of' the salary for the position; therefore qualifying
fees for Mayor will be $l80 and $l17 for council members. These fees wi11 be
posted in City Hal1 and advertised.
Va1idation of Signatures: Attorney Camp read
by Glenda W. Brennan as follows:
an
application
for
annexation
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (60%) of the owners
of the 1and 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, 4l3; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being
described as follows, to wit:
A11 that tract or parce1
District, 2nd Section of
as follows:
of land lying and being in
Cobb County, Georgia, being
Land Lot 243 of'
more particular1y
the 17th
described
BEGINNING at an i_ron pin found at the intersection of the east land lot line
of Land Lot 243 and the north right of way line of Fawn Lane, said iron pin
being located 68:1: feet from the corner common to Land Lots 243, 244, 262 and
261; running thence north along the eastern land lot line of Land Lot 243 a
distance of l82.95 feet to an iron pin found; thence westerly a distance of
l26.19 feet to an iron pin f'ound; thence southeasterly a distance of 191.51
feet to an iron pin located on the north right of way line of Fawn Lane; thence
easterly 92.00 feet along the north right of way line of Fawn Lane to the point
of' BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
SEALS,
AND THEREBY
Witness
below:
the signature of 60%
s/GLENDA W. BRENNAN
of
the
electors
resident
in
the
area
described
Witness the signature of the
or his 1egal representative, of
s/GLENDA W. BRENNAN
record
60% of
title holders
the land area
of' the fee simp1e
above described by
title,
acreage:
Hugh Ragan made a
set for September 16,
motion
1985.
the signature be validated and the pUblic
Max Bacon seconded the motion which carried 6-0.
hearing
Bid Award: John Patterson said on July l5th, council instructed staf'f to secure
bids for construction of a 6" water main to tie into the existing city system
and extend to the Churchill Down development. Bids were requested from six
firms three bidding and Mr. Patterson recommended the low bid from Bobby
W. at $6,091. 2l be accepted and paid from the E&C Fund. James Williams
made a ion the bid be awarded to Bobby W. Collier. Jack Shinall seconded
the motion which carried 6-0.
Happy Hour Ordinance: Jim
passed an ordinance banning
Hawkins said
happy hours
the Cobb
subj ect to
County
other
commission had
cities in Cobb
recently
approving
August 19, 1985 - Continued
a similar ordinance. Max Bacon said we received a copy of the county ordinance
tOday and have not had time to review it. Max Bacon made a motion the ordinance
approva:t be scheduled for the second meeting in September. James Williams seconded
the motion which carried 6-0.
Jack Shina:t:t made a motion the
3rd because of the Labor Day
carried 6-0.
first meeting
holiday. James
in September be changed to September
Wi1liams seconded the motion which
Committee Reports: Kathy Brooks reported that Mike Hutchinson was the J?roud
f'ather of a new baby girl.
Kathy Brooks a1so asked Vie to check the timing of the light on Cherokee Road
because it does not seem to be holding green 10ng enough.
With no further business, meeting adjourned at 8:30 p.m.
ARTHUR T. BACON, MAYOR
CITY MARSHAL
I. Robxn Broyles . do solemnly swear that I will well
and truly demean myself as City Marshal of the City of Smyrna for the
time I serve in this capacity, and that I will faxthfully enforce the
Charter and Ordinances of said City to the best of my ability, without
fear or favor, and in all my actions as CITY MARSHAL ace as I believe
for the best xnterest of said Cxty. So help me God.
Subscribed and sworn to before
me this 29th day of August, 1985