05-05-1986 Regular MeetingMay 5, 1986
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on May 5, 1986. The meeting was called to order at 7:30 o'clock p.m.
by presiding officer Mayor A. Max Bacon. All Council members were present
except for Jerry Mills who was in the hospital. Also present was City Administrator
John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda
Dameron and representatives of the press.
Invocation was given by Johnny Mackey, minister of the Smyrna Church of Christ,
followed by the pledge to the flag.
CITIZENS REPORTS: None to report.
DEPARTMENT REPORTS: Doris Morris gave a library report.
PUBLIC HEARINGS:
(A) Recorder's Court Appeal - Lori DD Rand.
John Patterson stated that on January 31st at approximately 10:30 a.m. Miss
Rand was stopped and charged with speeding 60/45. She was found guilty in
Recorder's Court and fined $35 and has since requested a hearing before council
to appeal the conviction.
Miss Rand was sworn in along with arresting officers Chris Cowart and Sgt.
Mike Brown.
Sgt. Brown presented to council the radar log used by the department along
with a certificate of calibration for the instrument used that day as well
as a certificate showing that he was authorized to use the equipment. Sgt.
Brown said on the morning of January 31st he was running radar at the intersection `
of Spring and Jonquil Drive, primarily concerned with east -bound traffic.
He observed two vehicles traveling east with the one in the left lane traveling
at a high rate of speed. Sgt. Brown said he radioed ahead to the chase car
that there was a black Mercury traveling 60 miles per hour. Sgt. Brown also
said the other vehicle in the right hand lane which Miss Rand had passed was
traveling 52 miles per hour and they were the only two east -bound vehicles
on Spring Road. Officer Cowart pulled Miss Rand over on Village Parkway where
she requested that the radar unit be tested. Sgt. Brown said he then tested
the unit for her and at that time she was cited. Sgt. Brown said the calibration
of the equipment was tested before he went on duty, as is their normal procedure
and again at the end of the day.
Officer Cowart said that when he received the call and observed Miss Rand's
vehicle he followed her to Village Parkway where she was turning left. Officer
Cowart said he accelerated to approximately 55 miles per hour and her vehicle
was still pulling away from the police car.
Miss Rand said she had turned onto Spring Road from Atlanta Road and knew
she was turning onto Village Parkway and had no reason to be traveling that
fast. Miss Rand said there were also conflicting stories between the two officers
in court and she questioned the accuracy of the radar if it was necessary
to test it each day before and after duty. Mr. Camp said the officers are
required by their superiors to test the machines before and after duty, to
ensure accuracy in each individual case. Miss Rand said she was not speeding;
she was going 45 which is the posted speed limit. Miss Rand said she did not
observe another vehicle on Spring Road in the right lane and also did not
see the radar car. The first police car she saw was Officer Cowart when he
pulled her over.
Jack Shinall asked Miss Rand if she had had her speedometer checked recently.
Miss Rand said she had, but she didn't bring the certificate because the judge
in Recorder's Court indicated it would have no bearing on the case since there
was a discrepancy of only 2-5 miles per hour.
After further discussion, Jim Hawkins made a motion the Recorder's Court decision
be upheld. Bob Davis seconded the motion which carried 6-0.
(B) Rezoning request - 3366 Atlanta Road from General Commercial to RM-12.
There were two people in the audience in opposition. John Pattereson said
that S&L Mortgage and Investments, Inc. had requested this rezoning to construct
ten apartment units and a leasing office. The property is surrounded by DeVille
Apartments and Town Creek Manor apartments. A variance will also be required
May 5, 1986 - Continued
on the side and rear yard setback requirements which is the next item on the
agenda. Joel Harrell said this request has been continued twice due to additional
information required of the applicant. The applicant, S&L Mortagage has requested
the application be withdrawn but because of the additional information required
by the City could not submit their withdrawal request within the required
72 hour time period. Joel Harrell made a motion the zoning request be withdrawn,
without prejudice. Jim Hawkins seconded the motion which carried 6-0.
(C) Variance request - side and rear yard setbacks at 3366 Atlanta Road.
Joel Harrell made a motion the variance request for S&L Mortgage and Investments
also be withdrawn without prejudice. Jim Hawkins seconded the motion which
carried 6-0.
(D) Variance request - front yard setback at 677 Concord Road.
John Patterson said that Steve Binns is representing Jim Wallace Enterprises
in their request to reduce the front yard setback from 50 feet to 45 feet
on the new Jim Wallace station being constructed on Concord Road. There were
two in the audience in opposition. Mr. Binns and Jim Wallace were sworn in
by Attorney Camp. Sue Brissey said that although she raised her hand in opposition
she did not wish to speak, but felt we need all the room we can get on Concord
Road.
Mr. Binns said that during the staking of the property the building columns
were staked improperly, causing an encroachment into the right of way on the
southeast corner. Mr. Binns said this is a prefabricated structure and they
have about $26,000 invested in it so far. When the encroachment was discovered
they stopped work immediately. Apparently the error was found through a complaint
to the City due to the fact that Ryan's Steak House sits much farther back
from the street. Mr. Binns said that Ryan's was built on a 75 foot setback,
rather than the 50 foot required by ordinance. The steel framing and roof
of the canopy is already on and it would place a considerable hardship on
them to have to remove it. 11
After discussion, Jim Hawkins made a motion the variance be approved subject
to a $500 fine. Joel Harrell seconded the motion which carried 6-0.
(E) Variance request - side yard setback at 2381 Ventura Road.
There was no opposition. John Patterson said that Mr. Richard Ripley of Maclean-
Riggins, Inc. was requesting the variance in order to extend the existing
building to the rear of the property. The addition will be flush with the
existing structure which is on the property line. The adjacent property owner
is in agreement with the request.
Mr. Riley said since the existing building is on a zero setback it would be
difficult to tie into the building with an addition of architectural appeal.
Also, the contour of the property would make it difficult for any addition
other than what is proposed. Kathy Brooks asked about the trailers parked
behind the business and Mr. Ripley said they use them on construction jobs
but they have painted them and tried to make them look as attractive as possible
for storage at this location. The back parking lot is not paved now, but Mr.
Ripley said they intend to resurface that area with asphalt. He has been working
with Mike Hutchinson to protect against water runoff when the paving is completed.
Mr. Ripley said the addition would be used primarily for storage. They felt
the addition would be an improvement to the property and the most feasible
way for them to expand. After further discussion, Kathy Brooks made a motion
the variance be approved. Jim Hawkins seconded the motion which carried 5-1,
with Jack Shinall opposed.
(F) Liquor, beer and wine pouring license request - JP's Restaurant, 2620
South Cobb Drive.
John Patterson said that Mr. Cleveland T. Brooks, Sr. has requested a license
to serve alcoholic beverages at his newly opened restaurant, more recently
known as Angela's. The building is also adjacent to the Dairy Queen and West
Lumber Company and meets all distance requirements. The police investigation
for Mr. Brooks was also favorable.
Bogey Stoner, owner of the Dairy Queen was opposed and was sworn in by Mr.
Camp along with Mr. Brooks. Mr. Brooks said the restaurant is already open,
May 5, 1986 - Continued
and felt the pouring license would help his business. A portion of the building
would be used for a lounge with a dance floor and records from the Big Band
era would be played. Mr. Brooks said most of his customers are elderly people
and would not anticipate a younger crowd. Also, he understood our ordinance
and expected food sales to be well over the 60% requirement. Mr. Brooks said
he has been in the restaurant business all his life and held liquor licenses
in DeKalb County and out of state. Jack Shinall asked Mr. Brooks if he was
aware of the problems we have had in that area. Mr. Brooks said he has heard
about the problems at McArthur's Park from Mr. Stoner and others but because
of the type music he would play did not think it would attract younger people
and therefore he would not have the same problems. Jack Shinall stated the
former liquor licenses holders at this location had hurt, rather than helped
business when the pouring license was approved.
Bogey Stoner said he was really not opposed to Mr. Brooks getting the license
but did not want a re -occurrence of the situation at McArthur's Park with
people going in to to drink and not eat. Since there appears to be a lot of
young peopole in the area, he did not see how it could be controlled. Jack
Shinall asked Mr. Brooks what type of controls he would use. Mr. Brooks said
he would have someone at the door to check people going out and he would also
be watching people as they came in and out. However he did not intend to use
security guards because he didn't anticipate any problems. Also, he had the
right to refuse service to anyone.
Jack Shinall said this was a difficult decision to make since this is a proven
problem area and there is still a problem with loitering, cruising, etc.
in that area and a constant area of police need. Jack said he could not, in
good conscious, recommend approval and since this is a privilege license made
a motion it be denied. Hugh Ragan seconded the motion which carried 6-0.
(G) Beer and wine pouring license request - La Paloma Mexican Restaurant,
1005 Cherokee Road.
John Patterson said that Luis A. Salinas had requested the pouring license
to open a restaurant on Cherokee Road in the building formerly occupied by
Subway Sandwich Shop and Jelly Donut. The building meets distance requirements
and the police investigation on Mr. Salinas was favorable. There was no opposition.
Following questions from Kathy Brooks, Mr. Salinas said the restaurant will
seat 50 people, with 25 parking spaces. Mr. Salinas said he retired from Coca-
Cola Company in April and this is his first restaurant. He understands our
ordinance concerning sale of alcoholic 'beverages and the youngest employee
he will have is 27. There will be no music or dancing. Also, they anticipate
no more than 10% to 12% in beer and wine sales.
With little discussion, Kathy Brooks made a motion the license be approved.
Jack Shinall seconded the motion which carried 6-0.
(H) Home occupation license - 1880 Shenandoah Lane.
In the absence of Jerry Mills, Joel Harrell made a motion the license request
be tabled"' 'to the next meeting. Jack Shinall seconded the motion which carried
6-0.
(I) Request to extend working hours at Oakley Downs development.
John Patterson said that Ken Minchew has asked that construction hours be
extended to 8:00 p.m. Monday through Friday, with Saturday work 9:00 a.m.
to 6:00 p.m. There was no opposition. Steve Minchew represented Oakley Downs.
Bob Davis made a motion the hours be extended to 8:00 p.m. Monday through
Friday and on Saturday from 10:00 a.m. to 6:00 p.m. Jack Shinall seconded
the motion which carried 6-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex property at 2284 Belmont Circle.
Attorney Camp read the application for annexation by Richard L. Williams as
follows for property at 2284 Belmont Circle.
We the undersigned, who constitute sixty percent (600) of the electors resident
of the area described below and who constitute sixty percent (60%) of the
May 5, 1986 - Continued
owners of the land area by acreage of the area described below, which is unin-
corporated 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, 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 Land Lot 446 of the 17th
District, 2nd Section, Cobb County, Georgia, being more particularly described
as follows:
BEGINNING at an iron pin found at the intersection of the southwest corner
of Woodland Trail (being a 40 foot right of way) and Belmont Circle (being
a 40 foot right of way) and running southerly along the westerly right of
way of Belmont Circle a distance of 77.0 feet to an iron pin set; thence westerly
a distance of 185.0 feet to an iron pin found; thence northerly a distance
of 95.0 feet to an iron pin found on the southerly right of way of Woodland
Trail; thence easterly along said right of way a distance of 170.0 feet to
an iron pin and point of BEGINNING.
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 60% of the electors resident in the area described'
below:s/RICHARD L. WILLIAMS, MAXINE YVONNE WILLIAMS
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 600 of the land area above described by acreage:
s/RICHARD L. WILLIAMS
Kathy Brooks made a motion the signatures be validated and the public hearing
set for June 2, 1986..Joel Harrell seconded the motion which carried 6-0.
(B) Request for use of temporary storage building at King Springs Seventh
Day Adventist Church.
John Patterson said that Gene Anderson had requested a 12' x 35' portable
building on the church lot to be used for storage and classroom activities
for a two year period.
Hugh Ragan said the maximum time period allowed by our ordinance for a temporary
building is one year and they would need to come back after that time for
additional approval. Also in talking with Mr. Anderson earlier he indicated
that they would not need the building for classrooms now; it will be primarily
for storage. Hugh also recommended that the church have someone contact our
fire department and work closely with them to ensure that they have proper
fire protection. Hugh Ragan made a motion the temporary building be approved
for one year contingent upon all zoning and building requirements being met.
Joel Harrell seconded the motion which carried 6-0.
(C) Approval of computer acquisition.
John Patterson said the City's current IBM system 34 is, for all purposes,
obsolete. IBM no longer maintains the machine and it is becoming increasingly
difficult to find software. Mr. Patterson said he proposed the purchase of
an IBM 36 which will give us an integrated system and eliminate the duplicate
handling of material, prticularly in the accounting department, where every
item is handled at least twice. The 36 can be purchased through the State
contract, with sizeable discounts. The 36 uses RPG-II which is fairly easy
and our current personnel are qualified and capable of utilizing RPG-II. Purchase
now will allow us to input the FY1987 budget and will be functional and ready
to go as of July 1. The purchase price of $56,871 also includes two personel
computers, new display station, software and printer for one of the personal
computers. The new system could be paid through salary savings and other areas
in the current year's budget. Hugh Ragan made a motion the IBM system 36 be
purchased through the State contract for $56,871. Bob Davis seconded the motion
which carried 6-0.
May 5, 1986 - Continued
RTn AWARn-
(A) John Patterson said the final phase of the renovation in the administrative
offices is the carpet and bids have been secured from three firms. Hugh Ragan
made a motion the low bid of $1,599.94 be awarded to Consolidated Carpet,
to be paid from the Contingency Fund. Kathy Brooks seconded the motion which
carried 6-0.
COMMERCIAL BUILDING PERMITS:
(A) Benning Construction requested a building permit for a shell office/warehouse
at 1100 Wilson Way at a total estimated cost of $1,172,000. Hugh Ragan made
a motion the permit be approved subject to approval of the Fire Marshal and
Inspections Department. Joel Harrell seconded the motion which carried 6-0.
(B) Benning Construction requested a building permit for a shell office/ware
house building at 1500 Wilson Way at a total estimated cost of $719,000. Hugh
Ragan made a motion the permit be approved subject to approval of the Fire
Marshal and Inspections Department. Joel Harrell seconded the motion which
carried 6-0.
(C) Wilson Interiors requested a building permit for tenant finish at 5000
Highlands Parkway at a total estimated cost of $22,000. Hugh Ragan made a
motion the permit be approved subject to approval of the Fire Marshal and
Inspections Department. Bob Davis seconded the motion which carried 6-0.
(D) Post Properties requested a building permit for a pool cabana at the
Fountains located at 2151 Lake Park Drive at a total estimated cost of $10,000.
Bob Davis made a motion the permit be approved subject to approval of the
City Engineer, Inspections Department and Fire Marshal. Joel Harrell seconded
the motion which carried 6-0.
(E) Moran & Company requested a building permit for tenant finish at 4600
Highland Parkway at a total estimated cost of $20,000. Hugh Ragan made a motion
the permit be approved subject to approval of the Inspections Department and
Fire Marshal. Jack Shinall seconded the motion which carried 6-0.
(F) Hoaster-Lander requested a building permit for construction of an office/ware-
house at 2899 Alexander Street at a total estimated cost of $114,800. Joel
Harrell made a motion the permit be approved subject to approval of the City
Engineer, Inspections Department and Fire Marshal. Jim Hawkins seconded the
motion which carried 6-0.
CONSENT AGENDA:
(A) John Patterson said the City would be having their auction May 31st and
recommended the following equipment be declared surplus and sold at auction.
LIBRARY
Phonograph (Serial #33364)
PUBLIC WORKS:
1 1972 Ford F600 ID #F61DCP48922 (Sanitation #18)
1 1974 Chevrolet ID #CCY144A112793 (Water #12)
FIRE DEPARTMENT:
1 1973 Chevrolet Impala ID #1L69K3D177530
65 Damaged, bursted or otherwise unusable pieces of fire hose
1 Couch and 3 chairs
5 Box springs
5 Mattresses
2 Unrepairable lawn mowers
POLICE DEPARTMENT
1 1981
Ford LTD
S ID #1FABP3IGXBU174886 (Police #886)
1 1981
Ford LTD
S ID #1FABP31G1BU174887 (Police #887)
1 1982
Ford LTD
ID #2FABP31G5CB167237 (Police #237)
1 1982
Ford LTD
ID #2FABP31G7CB167238 (Police #238)
1 1979
Mercury Marquis ID #9Z63H730678 (Police MCS)
Jim Hawkins made a motion the equipment be declared surplus. Bob Davis seconded
the motion which carried 6-0.
May 5, 1986 - Continued
Jack Shinall made a motion the minutes of April 7 and 21 be approved as submitted.
Jim Hawkins seconded the motion which carried 6-0.
Horace Bowie asked to speak from the audience and asked about the status of
the county's portion of the Federal surplus property in view of a recent newspaper
article stating they would like to sell their portion. Mr. Bowie said he would
like for the City to contact the county commissioners and ask what their intentions
are for use of the property. Mr. Bowie also wanted to know if there was any
way the City could annex the county portion. Max Bacon said we have already
written the Department of Interior concerning the article and it was his
understanding that the property could not be sold. Also, annexation would
require consent of the property owners and that would be difficult to do.
Max said he understood Mr. Bowie's concerns because ours are the same. Max
told Mr. Bowie he would have someone get back in touch with him when he had
further information.
COUNCIL INPUT: Kathy Brooks read a list of upcoming events in the Parks and
Recreation Department.
Jack Shinall said the city is continuing to grow and commended the Community
Development department for the good job they are doing.
Jim Hawkins congratulated Police Chief R. E. Little for being honored Sunday
at Law Appreciation Day held at Shiloh Baptist Church. Jim said he is having
some health problems now, and has pneumonia. Jim also commended our police
department, particularly in their knowledge of the use of radar and said he
was pleased with the thoroughness with which they are using the equipment.
Max Bacon also said this was quite an accomplishment for Chief Little and
he is an asset and a credit to our city. He was honored Sunday for over 50
years of continuous law enforcement service.
With no further business, meeting adjourned at 9:54 p.m.
May 19, 1986
s
The regular scheduled meeting of Mayor and Council was held May 19, 1986 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All Council members were present. Also
present was City Administrator John Patterson, City Clerk Willouise Spivey,
City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and repre-
sentatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS: Reports were made from Finance, Fire Department, Public
Works, Community Development and Emergency Management departments.
PUBLIC HEARINGS:
(A) Rezoning request - 7.57 acres on Spring Road at Campbell Road from Future
Commercial to General Commercial.
There was a large group in opposition and representatives from both sides
were sworn in by Mr. Camp. Bob Crim represented RCC Investment and said since
they originally made application in February they had attended two planning
and zoning meetings and two public hearings and the hearing tonight is the
culmination of 5 months work. Mr. Crim said they were proposing a shopping
center on this site containing 68,000 square feet with a major food store,
drug store and about 20,000 square feet of other retail shops. Mr. Crim presented
a rendering of a shopping center they have built in several different locations
and said the design would be very similar. The development plan also includes
the re-routing of Campbell Road from its present location to intersect with
Carolyn Drive and the traffic light would be moved from its existing location
at Campbell Road. Mr. Crim said this plan had been presented to the State
Department of Transportation and to his knowledge they were favorable to the
re-routing of Campbell Road. His company had also conducted a traffic study and their