01-18-1983 Regular MeetingJanuary 18, 1983
The regular scheduled meeting of Mayor and Council was held January 18, 1983 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur T. Bacon. All Councilmen were present. Also present was
City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little,
Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Building
Inspector Larry Dunn, Librarian Doris Morris, Civil Defense Director Jim Farley,
and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
Residential Use Permit: Gene Ledbetter requested a residential use permit for
2024 Spring Road. Mr. Ledbetter said he and his wife were commercial artists and
wanted permission to use the space in the house to do their art work, which is
now being used for storage. He has owned the home since 1958 and lived there until
about 3 years ago. Mr. Ledbetter had a petition signed by 19 families living
within 300 feet stating they had no objections. Jim Tolleson said the difference
in the use permit and -home occupation license is that the Ledbetter's'are-not living
in the home. Jim said if they did not own the home he would not consider granting
the permit, but since they do, and he had known them for several years he felt
consideration should be given, with the understanding that there would be no signs,
no increase in traffic and no deliveries. There was no opposition from the audience.
Jim said he and Mr. Ledbetter had agreed they did not want any commercial use in
that area but Mr. Ledbetter has 3 or 4 clients in Atlanta and would only be doing
art work at the location. Jim Tolleson made a motion the permit be approved,
seconded by Jim Hawkins. Vote on the motion carried 4-3, with Max Bacon, Jack
Shinall and James Williams opposed.
Rezoning: Benchmark Homes requested rezoning of property in Land Lots 598 and 599
from R-20 to R-15 for construction of Phases 2 & 3 of Vinings North Subdivision.
There was a large group in opposition, and Belinda Davis representing Benchmark
Homes and Bob Arnold representing the opposition were sworn in by Attorney Camp.
Ms. Davis said Larry Boggs was also in the audience available for questions. Ms.
Davis said she would be one of several agents selling these homes but was also
personally involved as she lived in Smyrna and had children in Smyrna schools.
This rezoning would allow for 19 additional lots in the subdivision which, due to
land cost, would allow them to build the same quality homes they have in Cedar
Cliffs and Green Forest, at an affordable price. The lowest price home they would
have would be $78,900 with others ranging to close to $100,000 and did not plan
to build anything under 1500 square feet. Ms. Davis said they were also concerned
about the traffic on Atlanta Road and were willing to spend money to have a light
installed at the intersection provided approval was given by the State. Larry
Boggs presented plans as the homes would appear in the present zoning and also
as they would appear under the R-15 zoning. Max Bacon said the person originally
planning to develop the property told council the price range of the homes would
be $85,000 to $125,000 and there was some concern this may affect the value of
homes in Cedar Cliffs. Mr. Boggs said the final plat on Unit 1 has not been
approved as yet; they were wai.ting for the outcome of the hearing tonight before
beginning construction.
Bob Arnold of 3625 Hickory Circle spoke for the opposition and said the owners of
this property had met with surrounding neighbors previously, and they had agreed
to keep the zoning at R-20. Mr. Arnold said he did not think today's prices
had anything to do with the rezoning of this property. Over 60 of these homes
will use Ashwood Drive for ingress and egress and the street will not accommodate
the additional traffic. Also, the Planning and Zoning Board had already recommended
this request be denied. Mr. Arnold said he would like the zoning to remain at R-20.
Joel Harold, 3478 Shawnee Trail represented the Cedar Cliff Homeowners Association
and said they had talked with the developer previously and had agreedrwith ---
the development under R-20 with homes comparable to the ones in Cedar Cliff Sub-
division. They were•ialso concerned with traffic congestion on Atlanta Road and
Ridge Road and reduction in the value of their homes. Mayor Bacon read the recommen-
dation of the Planning and Zoning Board which was to deny the rezoning.
Jim Barber of 5130 Forest Mist Drive said he lived in a home in Green Forest Sub-
division built by Benchmark and said they built good quality homes. Max Bacon
said the question was not the quality of work involved, but the number of homes
to be built. Also, we have been trying for 3 years to get a traffic light approved
at the intersection of Creatwood Trail and Atlanta Road, but the State will not
approve the location. Mr. Norm Beverly of Ashwood Drive said the main access
roads,:would be Ashwood Drive and Atlanta Road and with the number of homes to be
a
NOVEMBER 30, 1982
TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
IN REGARD TO THE TO ER AT 808 TIMBERLAND STREET, SMYRNA
I DO AiOT OFJEWP TO Tti h EXISTING HEIGHT.
0 I DO OBJECT TO THE EXISTING HEIGHT.
THATTKS C
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DATE
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NOVEUER 30, 1982
TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
IN REGARD TO THE TOWER AT 808 TIMBERLAND STREET, SMYRNA
Evri DO NGT OFJh("P TO TN1' EXISTING HEIGHT.
Ll I DO OBJECT TO THE EXISTING HEIGHT.
THAMM
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DATE
AD1'RES5 1 S I
NOVEMBER 30, 1982
TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
IN REGARD TO THE TOWER AT 808 TIMBERLAND STREET, SMYRNA
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I DO hGT 01JECT TO Thh EXISTING HEIGHT.
I DO OBJECT TO THE EXISTING HEIGHT.
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NOVEMBER 309 1982
TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
AN REGARD TO THE TONER AT 808 TI111BERLAND STREET, SMYRNA
"® I DO hOT OBJECT TO Till: EXISTING HEIGHT.
0 I DO OBJECT TO THE EXISTING HEIGHT.
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NOVEY3ER 30, 1982
? TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
IN REGARD TO THE T0WER AT 808 TIMBERLAND STREET, SMYRNA
AI DO TOT OFJr CIP TO TN � EXISTING HEIGHT.
Ll I DO OBJECT TO THE EXISTING HEIGHT.
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NOVEMBER 30, 1982
TO: JACK L. SHINALL
310 HICKORY ACRES DRIVE
SMYRNA, GA. 30080
IN REGARD TO THE TOWER AT 608 TIMBERLAND STREET, SMYRNA
M I DO T:OT OBJh("-P TO EXISTING HEIGHT.
0 I DO OBJECT TO THE EXISTING HEIGHT.
THA ;:,.,:
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January 18, 1983 - Continued
built would increase traffic by approximately 160 cars and the area could not
handle that much increase in traffic. Several others in the audience spoke in
opposition, and following further discussion Max Bacon made a motion the rezoning
be denied for the following reasons:
1) The development was submitted and approved less than 12 months ago as
R-20, with assurances by the developer that it was economically feasible
and would not have an adverse affect on the surrounding neighbors through
traffic or price of the homes.
2) One of the considerations given for the original development approval and
the consent of the City in opening the street access was the impact of
traffic flow on the streets leading into the development, if developed
as R-20.
3) The streets leading into the development are not adequate in width, under -
surface, or paving to handle any more traffic than is projected.
4) Rezoning to R-15 would substantially increase the density of residents
in the area, increase vehicular traffic, and have a substantial effect
on the health and safety of the surrounding residential neighborhoods
and would not create a reasonable substantial benefit to the developer
other than allowing houses to be built at a greater density on smaller
lots.
Jim Hawkins seconded the motion. Jack Shinall said he would support the�mot,ion
because these homes will be completely surrounded by R-20 development and would
downgrade the properties immediately adjacent. Vote on the motion to deny carried
7-0.
Rezoning: Richard E. Adams requested rezoning of property in Land Lot 560 at
13— R well Street from R-15 to Residential Townhouse District. Rob Berry repre-
senting Mr. Adams and Nancy McGee of 1389 Roswell Street, opposed, were sworn in
by Attorney Camp. Mr. Berry said this was approximately a.l2 acre site and their
plans were to build 12 fee simple townhomes similar to Afton Downs, housing 4 units
per building. Mr. Berry said he felt this was a good location and would help bring
some new construction into the area and maintain the residential surrounding. James
Williams stated if the zoning was approved, Mr. Adams would also need a variance
of approximately 20% on the lot size which was the next item on the agenda. Mr.
Berry said he would have to have the variance because the lot is 64,643 square feet
and the ordinance requires 80,000 square feet. Following a question from Max Bacon,
Mr. Berry said the nearest multi -family development was Lexington Apartments but
there is quite a bit of rental property on the street. Jack Shinall said one reason
for the 80,000 square foot lot size requirement was to allow for an open area or
recreation area on the development. Mr. Berry said there was no way to get around
the variance, due to the size of the lot. James Williams said they had discussed
several alternatives including reducing the density, but they would still need the
variance, and his main concern was the 20% variance involved.... Jim Tolleson said
he thought a development at that location would add new life to the area and did `
not think it would bother the people at all.
Nancy McGee said she disagreed with Mr. Berry and Mr. Tolleson. She felt that 10
to 14 units on a 11 acre lot was entirely too much and there would not be any
recreation area. There is also a problem with traffic on Roswell Road and this
site is located on a dangerous curve. Ms. McGee said she did not think this was
a very sound plan and strongly disapproved, and others she had talked to in the
neighborhood also disapproved. Mayor Bacon read the minutes of the Planning and
Zoning Board meeting where they recommended the zoning be approved. James Williams
said he had discussed with Mr. Berry and neighbors in the area the possibility of
lowering the density to something more acceptable, maybe 2 units per building.
James said he still had a serious problem with the variance involved, and made a
motion the zoning be denied, seconded by Max Bacon. Jim Tolleson said he sincerely
hoped something could be worked out at a later date for something that would be
more agreeable. Jack Shinall said he would support the motion to deny because he
was concerned about the size of the lot and traffic involved, and felt the lot
would conform very well with duplex zoning. Vote on the motion to deny carried
6-1, with Elbert Coalson opposed.
The request for a variance by Richard E. Adams was not heard, due to denial of
his zoning request.
Variance: Sylvia Crawford requested a variance from Sections 402.21, 402.24 and
402.25 of the zoning ordinance allowing for rental of apartments on the property
at 3079 Lee Street. There were several in opposition. Ms. Crawford and Milton
January 18, 1983 - Continued
Williams representing the opposition were sworn in by Attorney Camp. Ms. Crawford
said she did not realize she was in violation of the ordinance by rentalfof the
property. If she could not rent these units it would be a hardship on her because
she needed the income derived to pay the mortgage, insurance, taxes, etc. When
she bought the property the house and garage was being rented to three separate
families. She was told by the realty company that the area was not zoned for multi-
family dwellings, but she would be exempt because they had been rented for so long,
but if the buildings burned she could not rebuild. Max Bacon said if the variance
was granted, it would allow her to rent the upstairs of the house, the basement
apartment and garage apartment. Ms. Crawford said she would limit the rentals to
one person in the basement apartment, one person in the upstairs of the house and
no more than 2 in the garage apartment. Ms. Crawford said she has owned the property
for 3 years and originally lived in the house herself. She said there are also
other homes on the street being used for rental property. Max Bacon said the City
had been receiving complaints from neighbors about the number of cars being parked
there and Ms. Crawford was notified she was in violation of the ordinance and given
60 days to correct the situation.
Attorney Camp asked when the garage apartment was built. Milton Williams, a resident
of Quarles Avenue said that Jake Ables originally owned the home and built the
garage apartment for his daughter and her husband, saying it was a hardship case
and he had permission from the City. He later converted the basement into an
apartment with no permit from the City. The neighbors then were under the impression
that this would be their home and trusted they would remain there. When Mr. Ables
retired he sold the house to his son and since then the property has changed hands
several times. Mr. Williams said they did not need 3 apartments in the neighborhood.
Jim Tolleson asked Chuck Camp what course of action Ms. Crawford could take, and
Mr. Camp said he was not at liberty to advise her. Ms. Crawford said she could
eliminate some of the problems causing the complaints but no one has contacted
her about them. Max Bacon said this is a totally single-family neighborhood and
we need to preserve it. Max made a motion the variances be denied, seconded by
Jim Hawkins. Jim Tolleson said he would like to see something worked out and
hated that Ms. Crawford had been so badly misinformed when she bought the property.
Jack Shinall said she had been misled when she purchased the property but would
have to vote for the motion. Vote on the motion to deny the variance carried 7-0.
Variance: Burger King requested a variance for new construction on South Cobb
r►� ve at Pat Mell Road, from the 10 foot buffer required to 5 feet on the Pat
Mel] Road side. There was not a representative present. Elbert Coalson said he
did not see anything wrong with the variance but since they were not represented,
made a motion this request be tabled to the next meeting. Mayor Bacon read a
letter from Burger King requesting the variance and said this had already been
discussed and the plans reviewed by Council. Attorney Camp said if Council felt
the request was clear and no one had any personal questions, they could approve
the variance without representation tonight. Vote on the motion to table died for
lack of a second. Elbert Coalson then made a motion the variance be granted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Variance: Kayo Oil Company, 2400 Atlanta Road requested a side yard setback
variance from the 10 feet required to 2 feet for an extension of an accessory
structure. Mr. Allen Brevitz represented Kayo Oil and presented plans for a 24 x
20 canopy extension for an additional pump. Mr. Brevitz said they opened less
than a year ago, and have done so well they need the additional pump. He said
he had contacted Mr. Halpern, the owner of Belmont Hills Shopping Center, and Mr.
Haplern has no objections to the variance or the extension of the canopy. Mr.
Brevitz said they have had a problem with a gas leak, which is currently being
corrected, and construction would not begin until the problem was completely
corrected. Elbert Coalson made a motion the variance be granted with work not
to begin until approval is given by the Fire Department, and also subject to a
letter from Halpern Enterprises stating they have no objection to the variance.
James Williams seconded the motion which carried by a 7-0 vote.
Commercial Building Permits: Commercial building permits were presented by
Inspector Larry Dunn and upon his recommendation the following permits were
approved:
(1) Eckerd Drugs requested a permit for new construction at 2390 Atlanta Road
at a total estimated cost of $375,000 subject to a 50 foot right of way on Atlanta
Road and Cherokee Road, and approval of the City Engineer and Fire Marshal. Max
Bacon made a motion the permit be approved as stated, seconded by Sarah Jones.
Jim David said the 50 foot right of way would be from the centerline of the road
on Cherokee and Atlanta Road. Vote on the motion carried 7-0.
January 18, 1983 - Continued
(2) Red Lobster Restaurant requested a building permit for new construction on
Cobb Parkway. Jim Tolleson made a motion the permit be approved subject to
approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion
which carried 7-0.
Privilege License: Red Lobster Restaurant requested a liquor, beer and wine
pouring license for their proposed new restaurant on Cobb Parkway. Judith Diane
Earlywine, designated agent to hold the license and Edwin Anderson, legal repre-
sentative for Red Lobster were present. Jack Shinall asked Ms. Earlywine if she
was familiar with the ordinances and her responsibility as agent to hold the
license, and the answer was yes. Ms. Earlywine said she also held the license
at their restaurant in Marietta. Jack Shinall said the application seemed to be
in order and made a motion it be approved. Sarah Jones seconded the motion.
Attorney Camp stated the restaurant should notify the City when a manager is
appointed. Vote on the motion carried 7-0.
Privilege License: Kayo Oil Company requested a transfer of their beer and wine
package license at 2400 Atlanta Road, Bettiann Jones applicant. Jack Shinall said
this was a transfer and the application had been -reviewed by the committee, and
made a motion it be approved. Elbert Coalson seconded the motion which carried 7-0.
Ordinance Amendment: Jack Shinall made a motion that Sections 3-68 and 3-67(d) of
the alcoholic beverage ordinance be deleted and replaced with the following, which
will allow for the sale of alcoholic beverages on Thanksgiving Day.
Section 3-68 - Same - Wine and malt beverages. Wine and/or malt beverage
retail business shall be entitled to operate between the hours of 8 a.m.
and 2 a.m. Monday through Friday, and Saturday 8 a.m. through 2:55 a.m.
on Sunday. No sale shall be made between the hours of 3 a.m. Sunday and
8 a.m. on Monday or on Christmas Day. Establishments issued Sunday Sale
Permits shall be authorized to open on Sundays between the hours of 12:30
p.m. to 12:00 a.m., except when such Sunday is Christmas. Sales of wine or
malt beverages on days designated for the election of any official of the
City or for other municipal office or purpose shall be prohibited prior
to one hour following the closing of the polls on such election day. Sales
on all other election days shall be as designated by the Georgia Code
Annotated. This section shall apply to private clubs as well.
Section 3-67(d) - Sundays, holidays, election days. Except as hereinabove
provided, no licensee for the sale of alcoholic beverages shall permit his
place of business to be open for the sale of alcoholic beverages on Sundays,
Christmas Day, and all election days prior to one hour following the closing
of the polls on such election day. Establishments issued Sunday Sales
Permits shall be authorized to open on Sundays except when such Sunday is
Christmas, during the hours of 12:30 p.m. to 12:00 midnight as provided in
Section 3-68 herein.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Jack Shinall made a motion that Section 3-40 of the alcoholic beverage ordinance
be amended by deleting sub -paragraph (b) and replacing it with the following:
Section 3-40(b) - Basis for computation of tax. The tax levied hereunder
shall be computed on the basis of twenty-two cents ($0.22) per liter of
spirituous liquors sold or delivered as hereinafter set out; on the basis
of twenty two cents ($0.22) per liter of wine sold or delivered as here-
inafter set out, computed proportionately on fractional size bottles; and for
malt beverages, on a twelve (12) ounce container case, one dollar and twenty
cents ($1.20) per State law and other sizes increased in proportion to the
twelve (12) ounce size.
Max Bacon seconded the motion which carried by a 7-0 vote.
Jack Shinall made a motion the fees for Sunday liquor sales be re-established at
\ $500 for liqupr, beer and wine, and $500 for beer and wine only. These fees will
J put us in line with the county fees. James Williams seconded the motion which
carried by a 7-0 vote.
Disability Benefits: Jack Shinall said our employees are not covered by dis-
ability benefits and he felt it was very important that they should be. The cost
to add this benefit to the retirement program would be $1,920 per month and Jack
asked everyone to study the sample ordinance for their consideration of approval
January 18, 1983 - Continued
at a later date. Jim Tolleson said he agrees it is needed, but felt we should
study the cost involved and possibly adopt it with the new budget in July.
Jack said he would hate to see an employee become permanently disabled and not
covered by benefits. This is one area where Council has been lacking in the
past, by, forgetting about benefits for employees.
Committee Reports: Jim Tolleson said there was a joint meeting on Saturday with
Smyrna, Marietta, members of the Senate and House of Representatives and the Cobb
County School Board concerning Marietta's annexations. Jim said it was a good
meeting but no one was ready to compromise. Jim said we shoulii stand fast and
get behind Carl Harrison's bill.
(Sanitation) Jim Tolleson said he had enjoyed working on this committee and they
were now to a point at making some change in collection. We now have the lowest
rates in the metro area but the equipment is old and we are spending a lot of
money keeping vehicles on the road. Jim said they had figured what was actually
spent for garbage pickup and there was a $112,000 deficit being subsidized by the
General Fund. Jim said he would like the new committee to make a decision soon
on whether or not to franchise our garbage collection and eliminate the deficit
in this account.
(Public Safety) James Williams read a letter from Roy Free announcing his resig-
nation from the Civil Service Board effective January 13, 1983. This is the
appointment made by Mayor and Council. James said Mr. Free has done a good job
and thanked him for the time he has served. He also asked members of Council
to consider a replacement for this position.
Jim Hawkins said Mr. Free has done a good job, and regretted he had resigned.
(Library) Doris Morris said they still have State and Federal tax forms available
at the Library for those that need them.
Jack Shinall thanked Mrs. Morris for her enthusiasm and the good work she is doing
in the Library.
Jack Shinall said he was also at the annexation meeting on Saturday and said
this issue has to be resolved now, even if Mr. Harrison's bill fails.
(Parks) Sarah Jones said it had been a pleasure working with Parks and Recreation
and they are well underway in preparing for the busiest season ever.
Mayor Bacon said the annexations by Marietta is more serious than people realize.
At the Saturday meeting Bob Flournoy spoke, and Jack Shinall and Jim Tolleson
also made fine speeches. Mayor Bacon said the City of Smyrna would have an ad
in the newspaper this Thursday. This is everyone's battle, and it is time that
something is done because the annexations will not quit.
Mayor Bacon read the new committee assignments as follows, effective today.
FINANCE & ADMINISTRATION
PUBLIC SAFETY
POLICE. FIRE & CIVIL DEFENSE
STREETS, -MAINTENANCE
AND GARAGE
ENGINEERING & INSPECTIONS
WATER & SANITATION
Jim Tolleson, Chairman
Jim Hawkins
Max Bacon
Sarah Jones, Chairman
James Williams
Jack Shinall
Max Bacon, Chairman
Elbert Coalson
James Williams
James Williams, Chairman
Max Bacon
Jim Hawkins
Jack Shinall, Chairman
Jim Tolleson
Elbert Coalson
January 18, 1983 - Continued
PARKS & RECREATION
AND INSURANCE
LIBRARY, EMPLOYEE BENEFITS,
ALCOHOL & PRIVILEGE LICENSES
Elbert Coalson, Chairman
Sarah Jones
Jim Tolleson
Jim Hawkins, Chairman
Jack Shinall
Sarah Jones
Mayor Bacon urged everyone to work together as a committee, and not individually.
With no further business, meeting adjourned at 9:37 P.m.
a,t� a Ga,.-
ARTHUR T. BACON, MAYOR
LLESON, WARD 1
ES AMS, WARD 3
JACK SHINALL, WARD 5
�t
SARAH JONES, WARD 7
M. HAWKINS, WARD
ELBERT R. COALSON, WARD 6