11-07-1983 Regular MeetingNovember 7, 1983
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on November 7, 1983. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur T. Bacon. All council 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, Assistant Public Works Director Vic Broyles, Parks
and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building
Inspector Larry Dunn, Assistant Librarian Monika Myers, Civil Defense Deputy Director
Dick O'Hara, and representatives of the.press..
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
Mayor Bacon read a proclamation for "Youth Appreciation Week" and presented it to
Harry Hackett, President of the Smyrna Optimist Club.
Jim Tolleson presented an engraved plaque to Kathy Barton and the Smyrna Jaycettes
for their efforts in helping the City achieve re -certification under the Certified
Cities Program.
Presentation of 1982-83 Audit: The 1982-83 audit was presented by Wallace Pate. Mr.
Pate said the General Fund contained a surplus of $970,000 as compared to a deficit
in 1980 of $215,000. Basically, the last 3 years has been a big turn around for im-
proving the City's financial posture. Jim Hawkins made a motion the audit be approved.
Jack Shinall seconded the motion which carried 7-0.
The annexation request by Marguerite D. Little, property in Land Lot 631 on Spring
Road at Jonquil Drive, was withdrawn.
Annexation: Jim Hawkins made a motion that 1.13 acres on Lake Drive, Land Lot 412
be annexed into the City to become a part of Ward 4, the legal description having
been read and made a part of the minutes of October 3, 1983. James Williams seconded
the motion which carried 7-0. There was no opposition to the annexation request.
Annexation:. Paul Chastain requested, annexation of property on Pat Mell Road in Land
Lot 349, the legal description having been read and made a part of the minutes of
October 3, 1983. Mr. Leon Mills inquired about the present zoning of the property
and questioned the benefits that Mr. Chastain would derive from being annexed into
the City. Mr. Mills thought the zoning had been turned down by the County. Mr. Chas-
tain stated the property was already zoned FST-10 in the County and he would be build-
ing townhouses. Mr. Mills complained of the traffic. on Pat Mell Road and felt this
development would increase the accident rate.
Elbert Coalson made a motion the property be annexed, to become a part of Ward 6.
Sarah Jones seconded the motion which carried 7-0. -
Variance: Paul Chastain requested a variance on the front yard setback from 50 feet
to 45 feet for his new development on Pat Mell Road. Mr. Chastain said he was donating
additional right of way for the road which. he would widen and pave, but -in doing so
they would miss their setback by 5 feet and needed the variance to prevent them from
losing a unit. Elbert Coalson made a motion the variance be approved. Jim Tolleson
seconded the motion which carried 7-0._
Annexation: George Artress and Hobart Early requested annexation.of 40 acres in Land
Lots 549, 548 & 547 on Cooper Lake Road, the legal description having been read and
made a part of the minutes of October .3, 1983. There was a large group in opposition
but the spokesman stated they would hold their comments for the. zoning hearing. Sarah
Jones made a motion the property be annexed, to become, a part of Ward 7. Jim Hawkins
seconded the motion which carried 5-2, with Max Bacon and James Williams opposed.
Zoning: George Artress and Hobart Early requested rezoning of property just annexed
from Residential and Heavy Industry to Residential Townhouse District. Dave Logel
and John Boyle represented the applicants and were sworn in with Don McQueen and.Dar-
lene Davidson, representing the opposition. Mr. Logel said he was the president of
Timberlea Corporation and had been building in East Cobb for about 5 years. Mr. Logel
said their original zoning application requested RTD at 8 units .per acre. After
numerous conversations with. representatives of the area's homeowners association they
had modified their application extensively and were requesting approval of 195 units
spread over 401 acres. They have agreed to build single family detached units on Cooper
Lake Road with a minimum of 1400 square feet, not to exceed 3 units per acre. The
balance of the property will be built as townhouses at 51 units per acre and minimum
square footage of 1200 feet. This was agreed to by the homeowners association. Also,
November 7, 1983 - Continued
It
they will plant a. buffer of Red Tip Photinias on Cooper Lake Road. They had also agreed
to a homeowners, association with dues requirements to maintain the exterior of the
units. Mr. Logel said this would qualify as a residential group project •under the
Smyrna zoning ordinance and they would accept that as an -alternative to RTD. The only
thing they could not accept is that 20% of the property be dedicated for recreational
type use. Mr. Logel said they had also agreed to a maximum of 2 units per building
for the townhouses and they would also provide an ingress and egress lane on Cooper
Lake Road. In addition, they would retain as many of the trees as possible. Mr. Logel
said they would be willing to work with the county to add a lane at the bridge when
they acquire the land needed. Water and sewer lines are available to the property
with the county.
Darlene Davidson and Don McQueen of the Smyrna Homeowners Association spoke and said
they had been involved in the zoning of this property since July, which had already
been turned down by the County. They did meet with Mr. Logel and agreed to the compro-
mise as presented by him. After further discussion, Sarah Jones made a motion the
property be rezoned as a Planned Unit Development with the following stipulations:
a total of 195 units; single family detached units on Cooper Lake Road not to exceed
3 units per acre and minimum floor size of 1400 square feet; balance of the property
built as townhouses at 51 units per acre and minimum floor size of 1200 square feet;
buffer of Red Tip Photinias along Cooper Lake Road and required homeowners association
to maintain exterior of units; townhouse development to be limited to. 2 units per
building. Jim Tolleson seconded the motion which carried 4-3, with Sarah Jones, Jim
Tolleson, Jim Hawkins and Elbert Coalson for; Jack Shinall, Max Bacon and James Wil-
liams opposed.
Mayor Bacon called for a 5 minute recess.
Annexation: Attorney Camp read a legal description for the annexation of South Cobb
Drive, south to the- industrial park. After discussion, Jack Shinall made a motion
this be tabled to .the next meeting until we receive written approval from the State
Department of Transportation. Jim Tolleson seconded the motion which carried 6-1,
with Jim Hawkins opposed.
Validation of Signatures: Attorney Camp read an application for annexation by Charles
G. West of property on Elmwood Drive as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the land area
by acreage of the area described below, which is unincorporated and .contiguous to
the City of Smyrna,. hereby apply to have said area annexed into the City of Smyrna
underthe provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912
(Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399;.1976, Pages 1011,
1012; said property to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in original Land Lot 666 of the 17th
District, 2nd Section of Cobb County, Georgia, and being a portion of subdivided Lots
Nos. 21 and 22, which is shown by a plat of the East Smyrna Subdivision made by Gordon
Nalley, Surveyor, dated June 15, 1940, recorded in Plat Book 4, page 125, Cobb County
Records, being more particularly described as follows:
BEGINNING at .a point on the West side of Line Street (Elmwood Drive), which is 200
feet South of the Northeast corner of subdivided Lot No. 22 as shown on said plat;
thence running South along the West side of said street for a distance of 100 feet
to a point and corner; thence West through subdivided Lots No. .22 and 21 along a line
which runs parallel to Spring Street for a distance of 200 feet to the West line of
Lot No. 21; thence North along the West line of Lot No. 21 for a distance of 100 feet
to a point which is 200 feet South of the Northwest corner of subdivided Lot No. 21;
thence East.along a line parallel to and 200 feet South of Spring Street for a distance
of 200 feet through said lots to the East side of Line Street (Elmwood Drive) and
point of BEGINNING, Elmwood Drive being a 40 foot street which has been laid out
through the West sides of subdivided Lots Nos. 23 and 28 as shown in said plat.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or his
legal representative, of 60% of the land. area above described by acreage:s/CHARLES
G. WEST
November 7, 1983 - Continued
Max Bacon made a motion the signature be validated and the public hearing set for
December 5, 1983. Jim Hawkins seconded the motion which carried 7-0.
Variance: Lincoln Properties requested a variance from 'Section 802 of the zoning
ordinance on building height; from 35 feet to 52 feet for new construction of an
office building. There was no opposition and Jim Tolleson made a motion the variance
be approved. Jim Hawkins seconded the motion which carried 7-0.
Ordinance Amemdment: Jim Tolleson made a motion that section 802 of the zoning
ordinance be amended to allow for building structures of 5 stories or 55 feet, to
eliminate future variances. James Williams seconded the motion which carried 7-0.
Jim Tolleson made a motion the rules be suspended to approve an item not on the agen-
da: Max Bacon seconded the motion which carried 7-0.
Jim Tolleson made a motion that Lincoln Properties also be given a variance on the
size of their parking spaces from 180 square feet to 153 square feet. Max Bacon secon-
ded the motion which carried 7-0.
Variance: Mayor Bacon read a letter from Mac Orange requesting a variance on lot
size to relocate a house from 732 Concord Road to a vacant lot on Harold Lane at Pat
Mell Road. Mr. Orange said he was not able to meet the time limit on buying the house
to relocate, and now needed a variance only on the lot size for construction of a
new home. After discussion, Attorney Camp stated that this lot is recorded on an ex-
isting subdivision plat, approved prior to adoption of our existing ordinance. There-
fore, the lot would be grandfathered and a variance not required.
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and upon his recommendation, the following approved:
(1) Lincoln Properties requested a permit for construction of a new office building
at 2300 Lake Park Drive at a total estimated cost of $3,1500,000. Sarah Jones made
a motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Elbert Coalson seconded the motion which carried 7-0.
(2) A&P requested a permit to remodel the interior of the .building at 2200 Atlanta
Road at a total estimated cost of $370,000. Sarah Jones made a motion the permit be
approved subject to approval of the City Engineer and .Fire Marshal. Elbert Coalson
seconded the motion which carried 7-0.
(3) Cecil Pickens requested a permit for new construction at 412 Lake Drive at a
total est.imated cost of $75,000. Sarah Jones made a motion the permit be approved
subject to approval of the City Engineer and Fire Marshal. Elbert Coalson seconded
the motion which carried 7-0.
(4) Smyrna Animal Hospital, 2445 South Cobb Drive requested a permit for an addition
to their building at a total estimated cost of $61,000. Sarah Jones made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Elbert Coalson seconded the motion which carried 7-0.
(5) Trust Company Bank, 3345 South Cobb Drive requested a permit for an addition
of a drive through window at a total estimated cost of $165,000. Jack Shinall made
a motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Elbert Coalson seconded the motion which carried 7-0.
Business License: Nancy McMillen requested a business license for Sister Christine,
a palm reading service at 743 Cherokee Road. Elbert Coalson said he had not had time
to thoroughly review the application or location and made a motion this be tabled.
Jim Hawkins seconded the motion which carried 7-0.
Residential Business License: C. L. Gaddis requested a residential permit for Belmont
Electric, 650 Inglewood Drive. Mr. Gaddis said he had lived at this location for 6
years. His office is in Atlanta and he wanted the permit, to doestimatingwork by
telephone at his-home.•The. trucks and supplies would be kept at the Atlanta office
and none at his home. Elbert Coalson said the only objection - he had was that other
` electricians in the City had to pay for a place to operate their business. Also, he
did not have the signatures on his petition of some of the neighbors living near his
house. Mr. Gaddis said everyone had signed the petition.. except for two people. After
further discussion, Elbert Coalson made a motion the license be denied. Jack Shinall
seconded the motion which failed 3-4. Voting for the motion was Elbert Coalson, Jack
Shinall and Jim Hawkins. Opposed was Sarah Jones, Max Bacon, Jim Tolleson and James
November 7, 1983 - Continued
Williams. Jim Tolleson made a - motion the license be approved. Max Bacon seconded 'the
motion which carried 4-3. Voting- for themotion was Jim Tolleson, -Max Bacon, Sarah
Jones and James Williams. Opposed was Jack Shinall, Elbert Coalson and Jim Hawkins.
Dusty Bennett presented copies of the results of the November '1st election held in
Wards 5 and 7. Jim Hawkins ,made a ;motion the election results be •certified. James
Williams seconded the motion which carried 7-0.
James Williams made a motion the •approval to adopt a General Court docket be tabled
to the next meeting to give him time to talk with Judge Reeves. Jack Shinall seconded
the motion which carried 7-0.
Approval of Pay Scale Revisions: Jim Hawkins said our pay scale had been studied
closely and compared with other cities and the most deficient areas seemed to be in
police and fire officers while entry level salaries were comparable. We have no pro-
blem in hiring policemen and firemen, the problem is in retaining them. Jim said the
Finance Committee had recommended the following revisions:
POLICE DEPARTMENT: Corporal from Range 15 to 18
Detective from Range 15 to 17
.Sergeant from Range 17 to 19
Lieutenant from Range 18,,to 21
Captain from Range 20 to 23
All Clerks to Range 10 & 11
All Patrolmen from Range 14 to 15 =
FIRE DEPARTMENT: Engineer from Range 15 to 17
Lieutenant from Range 17 to 19
Captain from Range 19 to 22
All firefighters from Range 14 to 15
Jim Hawkins said it was not the intent to give raises at this time to patrolmen and
firefighters, but this revision would allow for 2 additional steps on the end of their
range. The total cost for the remainder of the budget year to -raise salaries of police
and fire officers is $54,046. Jim Hawkins made a motion the revisons be approved,
to be paid from the Contingency Fund. James Williams seconded the motion. Jim Tolleson
said he thought this was a great step, and long overdue. Jack Shinall said he hoped
that everyone understood this is an attempt to equalize the problems we have had and
it was almost an impossible task to consider overall seniority involved. James Wil-
liams said he hoped the employees realize this has been a long hard task. There are
still some inequities regarding longevity and seniority but we will continue to work
on these and make improvements as finances will allow.
After some discussion concerning the effective date, the motion and second were with-
drawn. Jim Hawkins then made a motion the revisions and new scale be approved,
effective November 16, 1983. James Williams seconded the motion which carried 7-0.
James Williams said it was time to renew the D.U.I. Task Force agreement. The City
has been reimbursed for 75% of the cost to date. The DUI fines=have totaled $39,230,
with 37 cases still outstanding. James Williams made a motion approval be given to
continue the City's praticipation. Jim Hawkins seconded the motion. James Williams
said he felt there has been some harrassment and entrapment used, and he hoped the
Task Force would correct some of these areas. Vote on the motion carried 7-0.
Jim Tolleson said the sketches for the greenbelt around Belmont Hills had been com-
pleted and approved by the State. They had received a bid of $9800 for curbing but
the committee decided that was too much. to spend at this time. Jim Tolleson made�a
motion that $3,500 be approved to order and plant Red Tip Photinias on Atlanta Road
from Cherokee to the old depot. Post Properties has agreed to order the plants for
us, which they can get at cost. Max Bacon seconded the motion. Jim said this money
would be in addition to the $1,200 already approved.and $500 donated by Mr. Halpern.
James Williams said he could not support the motion because Mr. Walker from Smyrna
Cleaners has been willing to donate a tree for that area and we have not given him
an answer. Jim Tolleson said he would be happy to accept the trees and would give
him a call soon. Vote on the motion carried 6-1, with James Williams opposed.
James Williams made a motion that bids be requested for an emergency rescue truck `
for Civil Defense to be opened the first meeting in December. Jim Hawkins seconded
the motion which carried 7-0.
James Williams made a motion that bids be requested to recarpet the Detective bureau,
which is badly needed. We have also had recommendations from the Grand Jury that the
November 7, 1983 - Continued
carpet be replaced. Sarah Jones seconded the motion which carried 7-0.
Jack Shinall made a motion the minutes of October 3, 1983 be approved as submitted.
Jim Hawkins seconded the motion which carried 6-0, with Elbert Coalson abstaining.
James Williams made a motion the. minutes of October 17, 1983 be approved as submit-
ted. Elbert Coalson seconded the motion which carried 7-0.
Committee Reports: (Library) Monika Myers invited everyone to Children's Week,
November 14-20. Also, Smyrna Cable TV continues to televise storytime on Saturday
mornings.
(Streets) Jack Shinall asked Vic Broyles about the timing of traffic lights on South
Cobb Drive and the paving under the LARP program. Vic said he was still waiting for
a report from the State on the lights and he had called Stewart Brothers today about
the paving.
Attorney Camp stated he was working on the problem with the curbing machine.
(Finance) Jim Hawkins reminded everyone that November 14th is the last day to pay
taxes without a penalty and also reminded everyone to vote tomorrow.
(Water) Jim Tolleson reported the water tower has been removed and asked for a short
meeting with the Water & Sewer committee following adjournment.
With no further business, meeting adjourned at 9:10 p.m.
November 21, 1983
The regular scheduled meeting of Mayor and Council was held November 21, 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 Council members were present. Also present was City Attor-
ney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Assistant
Public Works Director Vic Broyles, Acting Fire Chief Hubert Cochran, Parks and Recrea-
tion Director Sherry Reavis, Civil Defense Director Jim .Farley, Building Inspector
Larry Dunn, Assistant City Clerk Melinda Hiatt, Librarian Doris Morris, and represen-
tatives of the press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
There were no citizens reports.
Presentation: Charlie McCann presented the 1983 Georgia Recreation and Parks Society
Lay Awards to Max Bacon and Bob Arnold for their outstanding leadership and
contributions to parks and recreation.
Rezoning: Jim Perry requested rezoning of 5.1 acres on Church Road & Aline Wolfe
Drive from Residential to RM-10 (Condominiums). There was no opposition, and Mr. Perry
was sworn in by Attorney Camp. Mr. Perry said their plans were to build 48 units,
controlled by a homeowners association, to sell from $50,000 to $60,000. The property
is currently surrounded by commercial, multi -family or churches. The house on the
property belongs to Castellaw Funeral Home and is used for student housing, but Mr.
Perry said it would probably be torn down. There was some discussion as to whether
or not Aline Wolfe Drive was a private or dedicated street and Jim Hawkins said the
Mayor and Council in 1973 agreed to pave the street with the stipulation that anyone
tying onto the road would share in the cost of paving. Mr. Camp said he understood
that was the meeting of February 19, 1973 and was told that Gene Reeves would grade
the road and the City furnish the asphalt for paving, so the cost would have been
for the paving.
Jack Shinall asked Mr. Perry if he would be willing to upgrade the road to meet city
specifications as part of his share. Vic Broyles said the street already meets speci-
fications; it is 26 feet wide, curbed and paved.
Jim Hawkins asked Mr. Perry if he could agree to a lower density. Mr. Perry said the
way the units were designed he felt there would be plenty of room and would like to