May 5/19, 1986 Council Meeting
May 5, 1986
Mayor and Council was held pursuant to the
ing was called to order at 7.30 o'clock p.m.
Max Bacon. All Council members were present
n the hospital. Also nt was City Administrator
Charles E. camp, sistant City Clerk Melinda
he press.
minister of the Smyrna Church of Christ,
report.
Doris Morris gave a library report.
Appeal
Lori DD Rand.
stated that
ed and charg
urt and fined $35
conviction.
January 31st
with speeding
and has since
at approximately 10.30 a.m. Miss
60/45. She was found guilty in
requested a hearing before council
sworn in along with arresting officers Chris Cowart and Sgt.
to council the radar log used by the department along
icate of calibration for the instrument used that day as well
showing that he was authorized to use the equipment. Sgt.
e morning of Januar 31st he was running radar at the intersection
Dri imarily concerned with east-bound traffic.
east with the one in the left lane traveling
Brown said he radioed ahead to the chase car
traveling 60 miles per hour. Sgt. Brown also
ight hand lane which Miss Rand had passed was
they were the only two east-bound vehicles
led Miss Rand over on Village Parkway where
t be tested. Sgt. Brown said he then tested
she was cited. Sgt. Brown said the calibration
ore he went on duty, as is their normal procedure
that when he received the call
to Village Parkway where she
he accelerated to approximately 55 miles
pulling away from the police car.
and
was
per
observed Miss
turning left.
hour and her
Rand's
Officer
vehicle
had turned onto Spring Road from Atlanta Road and knew
way and had no reason to be traveling that
so conflicting stories between the two officers
accuracy of the radar if it was necessary
after duty. Mr. Camp said the officers are
est the machines before and after duty, to
se. Miss Rand said she was not speeding;
speed limit. Miss Rand said she did not
ad in the right lane and also did not
car she saw was Officer Cowart when he
Rand if she had had her speedometer checked recently.
had, but she didn't bring the certificate because the judge
indicated it would have no bearing on the case since there
only 2-5 miles per hour.
motion the Recorder's Court decision
carried 6-0.
General Commercial to RM-12.
the audience in ition.
tments, Inc. had r d this
g office. The property is
apartments. A variance
John Pattereson said
rezoning to construct
surrounded by DeVille
will also be required
rear yard
said this
of the
withdrawn
not
Joel
Jim Hawkins
which is the
been continued twice
The applicant, S&L
of the addi tional
withdrawal request
a motion the zoning reque>st
the motion which carried 6-0.
item on the
additional
requested
required
required
be withdrawn,
(C)
request - side and rear yard setbacks at 3366 Atlanta
motion the
without
request for
Jim Hawkins
S&L Mortgage and Investments
seconded the motion which
( D)
request - front yard setback at 677 Concord Road.
is representing Jim Wallace
yard setback from 50 feet
constructed on Concord
Binns and Jim Wal
she raised her
all the room we can
Enterprises
to 45 feet
There were
sworn in
opposition
on Concord
Mr.
of the property the
into the right of way on
is a prefabricate>d and
far. When the encroachment
the error was found through a
Steak House sits much farther back
was buil t on setback,
The steel and roof
columns
the
they
place a cons
on
After
to a
motion the variance
motion which carried
be
6-0.
subject
(E)
side
at 2381 Ventura Road.
said that Mr. RiChard Ripley of
in order to extend
The addition will be
1 ine . The adj acent
an
After
Jim
is on a zero would be
an addi tion of appeal.
make it difficult addition
Brooks asked about the trailers parked
they use them on construction jobs
them look as possible
lot is not but Mr.
area with asphalt. working
runoff when the paving is comple>ted.
be used primarily for stor;;.;ge. They felt
to the property and the most feasible
dis<;:ussion, Kathy Brooks made a motion
seconded the motion which carried 5-1,
opposed.
(F)
South
and wine
license request
JP's
2620
John
to
known
T. EJ;"ooks, Sr. has requested
newly opened restaurant, more
aCijacent to the
requirements. The
a license
recently
and west
investigation
for
was
of the
Brooks.
was opposed and was
said the restaurant is
in by Mr.
already open,
help his busines$. A portion of the building
a dance floor and records from the Big Band
said most of his customers are elderly people
unger crowd. Also, he understood our ordinance
well over the 60% requirement. Mr. Brooks said
restaurant business all his life and held liquor licenses
state. Jack Shinall asked Mr. Brooks if he was
d in that area. Mr. Brooks said he has heard
Park from Mr. Stoner and others but because
play did not think it would attract younger people
have the same problems. Jack Shinall stated the
at this location had hurt, rather than helped
was approved.
someone
ople as
guards becau
use service
not opposed to Mr. Brooks getting the license
rrence of the situation at McArthur's Park with
and not eat. Since there appears to be a lot of
he did not see how it could be controlled. Jack
type of controls he would use. Mr. Brooks said
r to check people going out and he would also
and out. However he did not intend to use
anticipate any problems. Also, he had the
to anyone.
Jack Shinall said this was a difficult decision to make since this is a proven
pr and is still a problem with loitering, cruising., etc.
in and a ant area of police need. Jack said he could not, in
recommend approval and since this is a privilege license made
denied. Hugh Ragan seconded the motion which carried 6-0.
(G)
1005 C
wine
oad.
ring license request
La Paloma Mexican Restaurant,
said that
a restaurant on
Shop
invest
tions
people, with
Luis A. Salinas had requested the pouring license
Cherokee Road in the building formerly occupied by
Donut. The building meets distance requirements
Salinas was favorable. There was no opposition.
Brooks, Mr. Salinas said the restaurant will
spaces. Mr. Salinas said he retired from Coca-
this is his first restaurant. He understands our
of alcoholic beverages and the youngest employee
will be no music or dancing. Also, they anticipate
and wine sales.
Brooks made a motion the license be approved.
which carried 6-0.
(H) Home occupation license - 1880 Shenandoah Lane.
In the absence of
be tabled to the
6-0.
Jerry Mills,
next meeting.
Joel
Jack
Harrell
Shinall
made a motion
seconded the
the license
motion which
request
carried
(I) Request to extend working hours at Oakley Downs development.
said that Ken Minchew has asked that construction hours
8.00 p.m. Monday through Friday, with Saturday work 9:00
There was no opposition. Steve Minchew represented Oakley
a motion the hours be extended to 8.00 p.m. Monday
Saturday from 10:00 a.m. to 6:00 p.m. Jack Shinall
h carried 6-0.
be
a.m.
Downs.
through
seconded
signatures to annex property at 2284 Belmont Circle.
the application for annexation by RiChard L. williams as
at 2284 Belmont Circle.
We
of
the
the
unders igned , who
area described
the electors
percent (60%)
resident
of the
constitute
below and
sixty percent (60%) of
who constitute sixty
area by
contiguous to
the City of
69-904
4.12, 413; 19
described
area described
of Smyrna,
the provisions of
-912 (Georgia Laws
1976, Pages lOll, l012;
to wit:
is unin-
have said
of Georg ia
1966, Pages
property
or parcel of
Se>ction, Cobb
and being in Land Lot
being more
the 17.th
described
to
iron pin
along
of BEGINNING.
intersection of the southwest corner
-way) and Belmont Circle (being
along the westerly right of
iron pin set; thence westerly
found; thence northerly a distance
the southerly right of Woodl.and
of way a distance of feet to
FOR
THEIR HANDS AND
CITY OF SMYRNA.
SEALS,
AND THEREBY
of 60% of the electors resident in the
WILLIAMS. MAXINE yVONNE WILLIAMS
described
of
the
of
the
holders
land area
of the
above
title,
acreage:
made a
2, 1986.
motion the
Joel Harrell
be val idated and
the motion which
hearing
use of
building at King
Seventh
to
had
for
requested a
storage and
12'
portable
activities
allowed by our ordinance for a
to come back after that
with Mr. Anderson earlier he
classrooms it will
the church
them to ensure
motion the temporary
and building
carried 6-0.
temporary
time for
indicated
primarily
our
(C)
John
said the City's
no
IBM system 34
and it is
said he proposed
system and eliminate
accounting department,
can be purchased
36 uses RPG-II which
and capable of utilizing
budget and will be
of $56.871 also personel
and printer for the per$Onal
through salary savings and other areas
made a motion the IBM system 36 be
$56,871. Bob Davis seconded the motion
iSI
for
purposes,
ingly
purchase of
duplicate
every
State
easy
- Continued
inal phase
have
$1,599
Fund.
f the renovation in the administrative
secured from three firms. Hugh Ragan
94 be awarded to Conso~idated Carpet,
Kathy Brooks seconded the motion which
a building permit for a shell office/warehouse
'mated cost of $1,172,000. Hugh Ragan made
subj ect to approval of the Fire Marshal and
rell seconded the motion which carried 6-0.
uested a building permit for a shell office/ware
Way at a total estimated cost of $719,000. Hugh
it be approved SUbject to approval of the Fire
Department. Joel Harrell seconded the motion which
at the
$10,000.
of the
seconded
on Interiors
Parkway at
permit be
Department.
d a building permit for tenant finish at 5000
estimated cost of $22,000. Hugh Ragan made a
subject to approval of the Fire Marshal and
seconded the motion which carried 6-0.
Properties
ted at 2
made a
er, In
which
building permit for a pool cabana
rk Drive at a total estimated cost of
't be approved subject to approval
ent and Fire Marshal. Joel Harrell
(E) Moran & Company requested a building permit for tenant finish at 4600
Highland Parkway at a tota~ estimated cost of $20,000. Hugh Ragan made a motion
the be approved subject to approval of the Inspections Department and
Fire halo Jack Shinall seconded the motion which carried 6-0.
building permit for construction of an office/ware-
at a total estimated cost of $l14,800. Joel
it be approved subject to approval of the City
tment and Fire Marshal. Jim Hawkins seconded the
City would be having their auction May 31st and
equipment be declared surplus and sold at auction.
LIBRARY
Phonograph (Serial #33364)
~
1
ID #F61DC
ID #CCYl4
22 (Sanitation #18)
12793 (Water #l2)
D177530
unusable pieces of fire hose
4886 (Police
4887 (Police
(Polic
167238 (Polic
3H730678 (Police
#886)
#887)
37 )
38 )
MCS)
equipment be declared surplus. Bob Davis seconded
Jack
Jim
a motion the mir:\1,Jtes of April 7 and 21 be approved as submitted.
the motion which carried 6-0.
like
are
to speak
of the
theY would
the City to contact the
of the property.
could annex the
Department of
that the
of the
understood Mr.
he would have
information.
audience and asked about the status of
prope>rty in view of a recent newspaper
their portion. Mr. Bow~e said he would
commissioners and ask what their intentions
Bowie also wanted to know if there was any
portion. Max Bacon said already
concerning the article was his
not be sold. Also, would
and that would be to do.
because ours Max
get back in touch he had
Brooks
a list of upcoming events
Parks and
said
the city is cOntip'Lling
for the gOOd job they
to grow and
are doing.
commended
the
Community
Jim
at
R. E. Little for
Baptist Church. Jim
Jim also
the use of
are using the
Sunday
having
our police
said he
was
said this an
and a credit
law enforcement service.
accomplishment for
He was honored
and
over 50
with
business. meet
at 9.54 p.m.
May 19, 1986
Council was held May 19, 1986 at
to order at 7:30 o'clock p.m. by
Council members were present. Also
Patterson, City Clerk WillO'Llise Spivey,
City Clerk Melinda Dameron and repre-
giv$n by Jim
followed by the pledge to the
Nothing to report.
Reports were made from Finance, Fire Department,
and Emergency Management departments.
Public
(A) Rezoning J;"e>quest 7.57 acres on Spring Road at Campbell Road from Future
Commercial to General Commercial.
There
were
Camp.
appl
and two
months work.
containing
20,000
ehopping
design would
of Campbell
and the
Road. Mr. Crim
Transportation
Campbell Road. His
and representatives from both sides
repJ;"esented RCC Investment and said since
February they had attended two planning
hearings and the hearing tonight is the
Crim said they were propoeing a Shopping
square feet with a major food etore,
of other retail shops. Mr. Crim p:t:'esente>d
have built in several different locations
The develoPme>nt plan also includes
present location to intersect with
be moved from location
plan had been the State
knowledge they favorable to the
also conducted a traffic study and their
center of this type is not a signif~cant traffic
traff ic already in the area to generate sales.
t and there ~s a very big demand for
ing would be extensive and Mr.
least 2 years to ensure a quality
cost involved in relocat~ng the
They felt the relocation of the road would
ion and would be much safer.
more
Davis as
property
it is now.
I children who walk from Argyle. Mr. Crim
along Campbell Road, where there are none
uses they had considered for the property.
be a 3 to 4 story office building but didn't
for that type development. They did not
and felt the need was there for a shopping
water runoff and Mr. Crim said water would be
ponds and the runoff would not be any greater
spoke for the oppositon and said they were
'dential development of Ward I. This property
by R-20 and RM-12. The property in question
and the residents felt it would place their
the road is relocated the crosswalk will
away before they can cross. They felt a
of the traffic even more difficult and
tential crime area, having an environmental
also concerned with water runoff after
ffic from tractor/trailers and construction
ts would prefer residential development
'ng center.
Mr. Crim said they would prefer not to move Campbell Road and leave it as
is, but this is an accommodation they are willing to make to the City.
said he would like to compliment the people
the manner in which they worked with city
helpful and have supplied all the information
essionallly and are as good a developer to
e did, however, have some reservations about
Commercial. The property is almost completely
ty and is in the area of Spring Road which
addition to the zoning not being compatible
Commercial is just too high and intense
he was also concerned the increased
cause diminishing of public safety
created for the children that go
public health factors dealing with water
causing flooding for some of the homes, which
zoning was also denied January 23, 1985
from the information gathered tonight it
improved. is then made a motion
a General al use, the request of
Jim Hawkins seconded the motion.
he could not support the motion to deny for the following
the
November 1984
was approved
and March 1986
by two different
zoning minutes be
groups of zoning
on the Zoning Board
first hand knowledge
in
of
1984
the
and voted
children's
by the city council on February 10, 1986
in the traffic count.
owners of Countryside Condominiums adjacent
uses were made, such as where the dumpsters
This agreement would protect the condominium
6)
by
7 )
Road
something
nearer
90
It is their
be enhanced as
degrees. This was
judgment
Campbell
agreed to
that the Spr ing
could be tied
by the property
5)
of
were
the
the
on
of zoning signs
SlIlypna.
March 24, 1986,
by the
owners
back to
Zoning notices
were posted on April
2,1986
were
These
speculative
if a
made by the zoning Board and
stipulations were to protect
zoning. They stipulated that
shopping center is not built
all relocation and improvements of Campbell
to protect the residents.
School be replaced and was agreed to by
9 )
be
that the property in question should
Campbell Road
protect the local residents.
of the rezoning
conditions and other things that would
this rezoning had no bad affect.
influence my vote to vote against
were that I would be oppositon
borderline bribe that 1 explain
courts. I want to say I made my
all parties involved as zoning
the State DOT, the traff ic study
of Smyrna such as services versus
Argyle School. Nothing was present
the rezoning in my opinion. This is
to the facts
that is what he
as he was concerned~
done a lot of good
Bob Davis on this, because
facts presented.
analyze
do . Hugh
judgmental.
community.
he thought
Jim
call or talked to any
like he was being
vote his personal
on the motion to deny the
residents
in any
and what
zoning carr ied
way.
was
5-2,
(B) Rezoning request
Commercial.
0.9
2865 Highland Drive from R-15 to Limited
requested
a large
Bob Davis
Limited
off the
Spring Road. A
removed. Mr.
there
curb
to place
of 2865 Highland Drive for a chiropractic
opposition and the spokesman was sworn
Camp if the house would meet all setback
zoning. Mr. Camp said it would not:
line of the adjacent property owner and
would be required unless the existing
he did not intend to tear the house
the zoning is approved will convert it
Spring Road rather than Highland Drive.
aJ.ong the property line of the adjacent
Road said residents in the area
on Spring Road and of
mi9.king it even more The
Drive and they also were that
the residential naighborhood
They felt the zoning would destroy
were
this
next
Dr.
to
the
Continued
made a motion the zoning be denied because
irements for Limited Commercial. This property
esidential areas and a change in classification
Jerry Mills seconded the motion to deny
so recommended that the Community Development
include a certification with each zoning application
setback requirements.
side yard setback for proposed office building on
variance on the south side yard setback from
truction on Old Concord Road. There was no oppo-
parcel is adjacent to the Pizza Inn on one
on the other side. He proposed to build
and the topography of the lot will make
variance. Kathy Brooks said she felt this
to the area and made a motion the variance
the motion which carried 7-0.
(D) Request for beer and wi.ne package license
Road.
Jim Wallace Station on Concord
an
ar radios la
oblem would
was approved.
a license to sell packaged beer and wine at the
Concord Road next to Ryan's Steak House. Mr. Brooks
ge of retail sales with Ji.m Wallace and
also holds package licenses at other locations.
in the 200 foot radius of the location, but
Waivers were also signed by those property
ed. There was no opposition from the audience
to be made a part of the minutes, from
ircle in opposi ton. Mr. Ransbotham' s letter
with young people loitering, eating, drinking
night in the parking lot of Ryan's. Mr. Ransbotham
worsen if a package license for this location
gave council an option on whether or
city limits should be considered and
issue a license based upon the waivers. Jim
se be denied, based upon the fact that there
radius. Hugh Ragan seconded the motion which
Jack Shinall opposed.
lll3 Matthews Street.
Don Chilton requested
training program
sa
pat ion license to operate a sales management
St.reet.. There was no opposition. Jerry Mills
tion he received, it has been found that Mr.
business in a residential area and in violation
admitted he did owe the city whatever fees ma,y
started operating there two years ago in the
business expanded and since then he has rented
s operating the business from there.
residential area and he was opposed to
issued in the Ci.ty. Jerry said he felt
owners in the area. Mr. Chilton said
like to correct that but due to
next to impossi.ble to relocate since
of the day and night from allover the world.
area with the neighbors and no one has objected
Mills made a motion the license be denied
by Jack Shinall. Jack Shinall then amended
Mr. Chilton to find a place to relocate his
main motion carried 7-0.
May 19, 1986 - Continued
(F)
requ<=>st
1880 Shenandoah Valley Lane.
said th<=> applicant.s
license be tabled to
carried 7-0.
the
unable to be
next meeting.
here
Joel
tonight
Harrell
and made a
seconded the
FORMAL BUSINESS:
(A) Validation of signatures to annex 0.21 acres in Land Lot 276.
0.21
read the appJ_
Land Lot 276
by W. S. and D. S. Caswell, to annex
percent (60%) of the owners of the
below, which is unincorporated
apply to have said area annexed
of the Code of Georgia Annotated,
Acts 1966, Pages 409, 4l0, 4ll,
said property to be annexed being
All
District,
as
tract or parcel of
2nd Section, Cobb
land lying and
County, Georgia,
being in Land Lot 276 of
being more particularly
the 17th
described
iron pin
wi th the
00
of 60.
east,
minutes
right
a
Mell Road
south right of way of Pat Mell Road
of way of Frank Lane; thence north
along the south right of way of Pat
to an iron pin; thence south 01 degrees
of 150.00 feet to an iron pin; thence
west, a distance of 60.00 feet to an
Frank Lane; thence north 01 degrees 44
150.00 feet to an iron pin on the south
of BEGINNING.
THE UNDERSIGNED
FOR
SET THEIR HANDS AND
THE CITY OF SMYRNA.
SEALS,
AND THEREBY
signat.Ure of the
representative,
s/w. S. CASWELL & D. S. CASWELL
title holders
the land area
of the fee simple title,
above described by acreage.
Kathy Brooks made
set for June 16,
Jim Hawkins was out
a
be validated and
seconded the motion
vote was taken.
the
which
publ ic hear ing
carried 6-0.
(B)
of signatures
2.80 acres in Land Lot 333.
by C. J. Fouts to annex 2.80 acres
development.
sixty percent (60%) of of the
described below, which
hereby apply to have said area annexed
ions of the Code of GeOrgia Annotated,
Laws, Acts 1966, Pages 409, 410, 411,
1012; said property to be annexed being
of
and being in Land Lot 333 of the 17th
Georgia according to the survey for Jack
in Plat Book 70, Page 129, Cobb County
described as follows:
right
the
Lots
a distance
distance
Cooper Lake
land lot line of Land Lot 333, said
09 seconds west a distance of 353.8
lot line of Land 333 from the
running thence south 00 degrees 12
208.2 feet to an iron running thence
.6 feet to an iron pin easterly
Road; running thence north II degrees 06
pin on
00
May 19, 1986 - Continued
easterly right of way of
an iron pin; running thence
distance of 572.9 feet to an
North Cooper Lake
north 88 degrees
iron pin and the
SET THEIR HANDS AND SEALS, AND THEREBY
o THE CITY OF SMYRNA.
signature of
representative
title -holders
the land area
record
60% of
of the fee simple title,
above described by acreage:
a mo
1986.
signatures be validated and the public hearing
seconded the motion which carried 7-0.
Brooks
e bed
received
.00 be
n which ca
were recently requested for the purchase
cab and chassis in the Parks Department.
and Kathy made a motion the low bid
Truck Equipment. Jim Hawkins seconded
were recently requested from a number
for fiscal years 1986/87, 1987/88 and
& Wilson but their estimate of total
only about one-half of what the other
the second low bid be
$36,000. Kathy Brooks seconded
ciates requested a
springs School at
motion the permit be
and Fire Marshal.
building permit to enclose
a total estiamted cost of
approved subject to approval
Jack Shinall seconded the
ssociates requested a huilding permit to enclose
Hills School at a total estimated cost of
motion the permit be approved subject to approval
and Fire Marshal. Jack Shinall seconded the
ssociates requested a building permit to enclose
Elementary School at a total estimated cost
made a motion the permit be approved subject to
Department and Fire Marshal. Jack Shinall seconded
a building permit for interior finish at
at a total estimated cost of $67,000. Hugh
be approved subject to approval of the Inspections
Joel Harrell seconded the motion which carried
7-0.
permit for tenant finish at 2300
$70,000. Jerry Mills made a motion
to approval of the Inspections Department and
the motion which carried 7-0.
a building permit for construction at
Road at a total estimated cost of $150,000.
t be approved subj ect to approval of the
and Fire Marshal. Joel Harrell seconded
a building permit for remodeling at Cumberland
Way at a total estimated cost of $lO, 000.
permit be approved SUbject to approval of the
Fire Marshal. Joel Harrell seconded the motion
Suite 1500
the permi t be
and Fire Marshal. Joel
permit for tenant finish at 5500
cost of $32,500. Jack Shinall
subject to approval of the Inspections
Harrell seconded the motion which carried
(H)
7-0.
(I)
Lake
the
Fire
Company requesteci a permit for tenant finish at 2300
at a total .;>stimateci coast of $35,000. Bob Davis made a motion
subject to approval of the Inspections Department and
Mills seconded the motion which carried 7-0.
Company requesteci
a total
approved subj
Davis seconded the motion
building permit for tenant finish at 2300
of $75,000. Jerry Mills made a motion
of the Inspections Department and
which carried 7-0.
be
Jack
requested
a total
approved
Shinall
permit for tenant
of $70,000.
approval of the
motion which carried 7
at 5000
made a
the
requesteci a building permit for
total est imated cos t of $ 2 0 , 000. Bob
subject to approval of the Inspections
1 seconded the motion which carried 7-0.
at 2300
a motion
and
(A)
design
Hens
our present courtroom is not large enough to
station needs additional off ice space and
building courtroom and office
that authorized to
of the Jerry Mills
ic court
like to
judge. Jim
with des ign
the motion
and
for the
proceed
seconded
at
for
Chief R.
over 50
E. Little was again honored
years in law enforcement and
Jim
R.
to
also
also thanked Don Pope>, Pastor of Smyrna Baptist Church for recognizing
Jim said they did appreciate Chief Little and looked forward
to work fOllowing a bout with pneumonia. Jim said he was
act:ion taken tonight on plans for the court room.
also
said that R.
forward to the
is definitely an asset to the City and
improvements.
lud:icrous for counc:il
interior tenant f :in ish and
couldn't be made.
to have
would be
to take
meeting
said the pools are gett:ing ready to open and season passes are
the budget
Hugh said
meetings.
is
he
gpqd shape
would like to
and they are
meet briefly
:in the
tonight
final
w:ith
stages
council
also thanked
his brother in law,
for the cards and prayers dur:ing the illness
Burruss.
bus:iness, meeting
ourned at 9:53 p.m.
1986 - Continued