10-07-1985 Regular MeetingOctober 7, 1985
The regular scheduled meeting of Mayor and Council was
on October 7, 1985 at Smyrna City Hall. The meeting
o'clock p.m. by presiding officer Mayor Protem Jim
were present except Jack Shinall. Also present was City
City Attorney Charles E. Camp, City Clerk Willouise
Melinda Dameron, Librarian Doris Morris, Police Chief
tives of the press.
held pursuant to the Charter
was called to order at 7:30
Hawkins. All council members
Administrator John Patterson,
Spivey, Assistant City Clerk
R. E. Little and representa-
Jim Hawkins stated that Mayor Bacon was not able to be with us tonight and sent
his best wishes to him. Also, Jack Shinall received word this evening that his
mother had just passed away and Jim asked everyone to remember Jack and his family
in their prayers.
Invocation was given by Hugh Ragan followed by the pledge to the flag.
PUBLIC INPUT:
Bob Arnold presented pictures and printed material about "speed humps" currently
being used in Decatur with great success to slow traffic. These humps are 12
feet wide and 3 inches maximum height at the center. Mr. Arnold said he thought
this could be the answer to the speeding problems we have. Jim Hawkins thanked
Bob for presenting the information to council and asked John Patterson to look
into the speed humps and give his recommendation back to council. James Williams
said that Mr. .Patterson had alrady suggested that the City use this method on
Turpin Road as a solution to a problem they are having there. Max Bacon said
he thought this was a great idea but was concerned about liability on the City's
part.
George White of Cloudland Drive represented a group of 18 citizens present from
the Bennett Woods area, also concerned with the speeding problem. Mr. White said
Highview Drive is used as a thru-fare between North Cooper Lake Road and Concord
Road and they did not feel they were receiving adequate police protection or
patrols. Mr. White said they were concerned that there would be fatalities and
asked for more frequent patrols to deter speeders. Hugh Ragan said he had talked
to a number of people in Bennett Woods and felt the problem was legitimate. Hugh
said the City would make their best effort to do something about the problem
and would be working with Chief Little to somehow find a solution.
DEPARTMENT REPORTS:
(A) Doris Morris gave a library report including beginning book inventory, books
added and removed leaving a total book volume as of October 1st of 49;,5�5.._ Total
books and phonograph records circulated during the past 9 month period was 47,636.
Doris also reported on programs and services offered by the library including
the pre-school story time, summer reading program, voter registration and special
accommodation for retired patrons, electronic magnifier for low or impaired visioned
patrons. The library is open a total of 58 hours a week to the public.
(B) Police Chief R. E. Little gave a report as of the first of the year. The
Police Department answered 15,071 calls and traveled 400,289 miles; calls are
up 12% from last year and mileage up only 4% attributed to the fact that the
department is 8 to 12 people short. Accidents are up 19% and there have been
501 DUI arrests. There have been 2,292 reported crimes with 1,163 arrests; about
a 50o ratio which is far above the national average. Weapons and leather have
been ordered and that should arrive within the next 60 days. The Police Department
is making a survey of the needs for microfilm and getting estimates of cost.
Chief Little also said he felt our salaries were getting competitive and thanked
council for recent pay raises.
PUBLIC HEARINGS:
(A) Annexation of 7 roadways.
Max Bacon read the list of streets to be annexed into the City, the legal descriptions
having been read and made a part of the minutes of the September 16, 1985 meeting.
There was no opposition and Mr. Patterson said these roadways were being annexed
i to provide for more consistent police enforcement and protection. Max Bacon made
a motion the roadways be annexed. Kathy Brooks seconded the motion which carried
5-0. Kathy Brooks also asked Mr. Patterson to check into the possibility of using
stop signs on Pat Mell Road to slow traffic.
(B) Annexation of 2.027 acres, Mavell Road @ Seaboard Railroad.
October 7, 1985 - Continued
John Patterson said this property is contiguous to the City along the railroad
right of way, adjacent to Mavell Road and is being annexed to make the adjoining
larger tract 1/8 contiguous. The entire tract will later come to council for
rezoning. Phil Beegle was present representing Alisa Ann Thomas, applicant for
the annexation. Jim Hawkins told Mr. Beegle that the annexation of this property
would not guarantee approval of any rezoning request and Mr. Beegle assured council
that he was aware of that. Mr. Beegle said they have met with the Smyrna Homeowners
Association and have reached an agreement to build 4 units per acre, single family
homes. Curt Boggs, a resident of Summerlin Woods said he was not opposed to the
annexation, but was a member of the Homeowners Association and was not aware
of any agreement they had made concerning the zoning. At the, last meeting he
attended they had agreed to 3 units per acre. After further discussion, Hugh
Ragan made a motion the property be annexed to become a part of Ward 7. James
Williams seconded the motion which carried 5-0.
(C) Annexation of 9.87 acres on Atlanta Road @ Collier Drive.
There was no opposition and Max Bacon made a motion that 9.87 'acres on Atlanta
Road across from Collier Drive be annexed into the City to become a part of Ward
2, the legal description having been read and made a part of the minutes of the
September 16, 1985 meeting. James Williams seconded the motion which carried
5-0.
(D) Annexation of lot on Smyrna Hill Drive.
John Patterson said that Sam Cochran had requested annexation of a lot on Smyrna
Hill Drive next to the skating rink. There was no opposition and James Williams
made a motion the lot 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 the September
16, 1985 meeting. Bob Davis seconded the motion which carried 5-0.
(E) Transfer of beer/wine package license for Golden Gallon ##46, 2254 Atlanta
Road.
The applicant, Frances Jane Cambron was not present and Kathy Brooks made a motion
the request be tabled to the next meeting. Hugh Ragan seconded the motion which
carried 5-0.
(F) Variance of 6 feet on side yard line for garage construction at 3631 Crestview
Drive.
Jesus Onate requested the variance to reduce the side yard requirement from 10
feet to 6 feet for him to attach a two car carport to the side of his home. There
was one person in opposition but Mr. Onate had a letter from the affected property
owner stating she had no objection to the carport construction. Mr. Onate said
the concrete pad is already there but they would add to it enough to accommodate
two cars. James Weldon, a resident of Shirley Street said the lots in this neighbor-
hood were small and felt the addition would detract from the design and appearance
of the neighborhood. Following discussion, Kathy Brooks made a motion the variance
be approved with the addition restricted to a carport and not enclosed. Hugh
Ragan seconded the motion which carried 5-0.
(G) Variance to increase square footage of sign and construct additional building
at The Crossings Shopping Center.
Robert Pruitt represented The Crossings and said he came before council about
a year ago requesting approval to construct a second pylon sign, which was approved.
This allowed him, to raise the height to 45 feet but still restricts him to 120
square feet of signage. Mr. Pruitt requested he be allowed to increase the copy
area to 600 square feet. They also were requesting approval to construct a drive-
thru banking facility for Georgia Federal Bank, on the property. Jim Hawkins
said since these were two different variance requests, they would act on them
individually. John Patterson said the existing sign is approximately 30 feet
tall with between 400 to 500 square feet of signage on one side. The proposed
sign shows 560 square feet of signage on one side which is 8 to 9 times that
allowed. Max Bacon said he felt the increase in signage was excessive and after
further discusison, James Williams made a motion the variance be denied because,
it far exceeds our ordinance and extra consideration was given last year when
the sign variance was approved. Max Bacon seconded the motion which carried 5-0.
Mr. Patterson said Mr. Pruitt was also asking for a variance to construct a drive-
thru banking facility and there is sufficient room for the building and parking
requirements. Kathy Brooks made a motion this variance be approved. Bob Davis
seconded the motion which carried 5-0.
October 7, 1985 - Continued
(H) Rezoning of 931 Concord Road from Future Commercial to Limited Commercial.
Dr. Remond Weinberg represented E. P. Logan in the request to rezone 931 Concord
Road and there was no opposition. Dr. Weinberg said he was currently practicing
at King Springs Shopping Center but had recently purchased this house. If rezoned,
he will remodel the house for his office. John Patterson said the only condition
he would recommend is that access be denied to McLinden Avenue and that a 6 foot
fence be constructed across the rear property line. Dr. Weinberg said there is
sufficient space for parking and they would comply with our parking requirements.
Max Bacon said the Planning and Zoning Board had recommended the zoning be approved
and made a motion the property be rezoned as requested. Bob Davis seconded the
motion which carried 5-0.
FORMAL BUSINESS:
(A) Bob Davis made a motion that Fran Kington be reappointed to the Parks and
Recreation Commission, representing Ward 1. Max Bacon seconded the motion which
carried 5-0.
(B) Bob Davis made a motion that Pete Paulsen be appointed to the Clean City
Commission to fill the unexpired term of Elsie Rape, representing Ward 1. Hugh
Ragan seconded the motion which carried 5-0.
(C) John Patterson read a list of articles to be declared surplus and sold at
the auction October 12th as follows:
1977 Pontiac Firebird
1973 Ford Galaxie
1977 Ford LTD
1977 Pontiac LeMans
1982 Ford LTD
1978 Ford LTD
1974 Ford E100
1981 Ford Fairmont
1968 American LaFrance
1973 Chevy Station Wagon
2S87C7N128519
3W58H254333
7B63C281800
2D29Z7P283786
2FABP31G3CB167236
8A27S261494
E15GHU87222
2FABP21B5BX114750
K84749 (L94840) (Cab only)
1N45R3D203175
Max JBacon made a,, motion".,,.these items be:ldeclared 'surplus ^ and sold at the auction
along with other miscellaneous items confiscated by the Police Department. James
Williams seconded the motion which carried 5-0.
(D) Validate signatures for annexation of 25± acres on Mavell Road @ Cooper
Lake Road.
Attorney Camp read an application of annexation of 25± acres 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 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 Lots 532 and 533 of
the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at a point located at the southwest corner of the intersection of Cooper
Lake Road (a 60 foot right of way) and Mavell Road (a 50 foot right of way);
thence south 14 degrees 11 minutes 04 seconds west along the western right of
way line of Mavell Road a distance of 610.3 feet to a point; thence south 13
degrees 07 minutes 53 seconds west along the western right of way line of Mavell
Road a distance of 134.7 feet to a point; thence south 12 degrees 14 minutes
46 seconds west along the western right of way line of Mavell Road a distance
of 78.47 feet to a point; thence south 11 degrees 42 minutes 06 seconds west
along the western right of way line of Mavell Road a distance of 54.19 feet to
a point; thence south 07 degrees 48 minutes 10 seconds west along the western
right of way line of Mavell Road a distance of 79.27 feet to a point; thence
south 05 degrees 32 minutes 19 seconds west along the western right of way line
of Mavell Road a distance of 78.72 feet to a point; thence south 06 degrees 36
minutes 55 seconds west along the western right of way line of Mavell Road a
October 7, 1985 - Continued
distance of 76.45 feet to a point; thence south 08 degrees 49 minutes 38 seconds
west along the western right of way line of Mavell Road a distance of 72.56 feet
to a point; thence south 15 degrees 01 minutes 19 seconds west along the western
right of way line of Mavell Road a distance of 51.65 feet to a point; thence
south 20 degrees 34 minutes 22 seconds west along the western right of way line
of Mavell Road a distance of 22.20 feet to a point; thence south 28 degrees 40
minutes 14 seconds west along the northwestern right of way line of Mavell Road
a distance of 55.61 feet to a point; thence south 38 degrees 09 minutes 07 seconds
west along the northwestern right of way line of Mavell Road a distance of 68.96
feet to a point; thence south 45 degrees 35 minutes 48 seconds west along the
northwestern right of way line of Mavell Road a distance of 45.56 feet to a point;
thence north 70 degrees 44 minutes 21 seconds west along the northeastern boundary
line of property now or formerly owned by Alisa Ann Thomas a distance of 601.26
feet to a point; thence north 01 degrees 50 minutes 00 seconds east a distance
of 1,547.17 feet to a point located on the southwestern right of way line of
Cooper Lake Road; thence south 49 degrees 45 minutes 04 seconds east along the
southwestern right of way line of Cooper Lake Road a distance of 162.12 feet
to a point; thence southeasterly along the southwestern right of way line of
Cooper Lake Road and following the curvature thereof a distance of 254.64 feet
(said call being an arc on a curve which has a radius of 595.36 feet); thence
continuing along the southwestern right of way line of Cooper Lake Road south
74 degrees 15 minutes 18 seconds east a distance of 328.99 feet to a point; thence
south 72 degrees 37 minutes 38 seconds east along the southwestern right of way
line of Cooper Lake Road a distance of 234.24 feet to the point which point marks
the true point of BEGINNING, said tract containing 25.526 acres and being shown
on plat prepared by Gudger Surveying dated September 25, 1985.
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/LILLIAN H. CASTLEBERRY
Hugh Ragan made a motion the signature be validated and the public hearing set
for November 4, 1985. Kathy Brooks seconded the motion which carried 5-0.
( E ) Lifting of moratorium.
Max Bacon said that in November, 1984, the City placed a moratorium on multi -family
rezoning requests to determine if the City had the ability to provide certain
services; i.e., water and sewer, roads, recreation facilities. Hensley -Schmidt
was contracted to give a detailed report and they made several recommendations
as options, some dealing with land use intensity, impact fees and also dealt
with our fee structure. Max said at this time he would not recommend that we
implement any of the land use intensity plan or the impact fees. Max said he
did have several recommendations, the first being the implementation of an
architectural review committee with recommendations on its makeup and powers
and duties and responsibilities. They would be charged with the responsibility
of reviewing building plans, not from a standpoint of conformance to the Southern
Standard Building Code, but from a quality of life position. They would not be
reviewing square footage of a parking space but would review the parking space's
proximity to the front door or windows of the multi -family units. They would
be less concerned with how a unit was constructed and more concerned with the
square footage of the unit and the open space provided. The committee would be
comprised of the; City Engineer, Building Inspector, Code Enforcement Officer,
City Administrator and chairman of the Engineering and Inspections Committee.
They would meet only to review multifamily plans and would do so prior to the
plans being submitted to council. If council is agreeable to this, the details
will be worked out with a comprenhensive package being presented. We would not
need to re -invent the wheel as this is not uncommon in other states, particularly
in fast growth areas. Max said he would also like to see commercial zonings added
for approval by this committee. This particular part would come prior to issuance
of the building permit and not prior to the rezoning.
The second recommendation is that we require the developer to present an impact
statement to council to delineate the impact that that development would have
on the infrastructure of the city. It would include the impact on the water and
sewer system, transportation system, drainage, and population figures for parks
and recreation and school impact. The impact statement would be required at submission
of plans and would be helpful in the city's review of the overall burden that
this development would place upon the City. In the future, it might also lead
to the basis by which the City could impose or calculate an impact fee. This
October 7, 1985 - Continued
information would be submitted prior to any rezoning being approved. Also, the
developer would be required to submit information on fire and police protection
and the current road situation.
The fee structure was in pretty good shape with one exception and that was in
the electrical permits. We need to establish a minimum inspection fee and a re -
inspection fee. Other fees, including water and sewer taps are in line. The plumbing
fees are out of line and need to be brought up with the surrounding area. Hugh
Ragan said several people have asked about the status of the future land use
plan and although it is not complete, it is in the final stage. After further
discussion, Max Bacon made a motion the moratorium be lifted and the above described
recommendations be implemented. Kathy Brooks seconded the motion which carried
5-0.
Upon the recommendation of John Patterson, Max Bacon amended the motion to include
the building valuation data table along with the other recommendations. Kathy
Brooks seconded the amendment which carried 5-0.
(F) Amendment to sanitation ordinance.
James Williams read a proposed amendment to the sanitation ordinance by adding
the following section:
Be it hereby resolved, that Section 11-29 of the Code of Ordinances of the City
of Smyrna is hereby amended by designating the existing Section as Section A;
and that new sections be added thereto so as to read as follows:
B. It shall be unlawful for any person to place solid waste or refuse into a
private or commercial container or on any property or location different from
where the solid waste or refuse was generated, except;
1) when such container has been approved by the proper authority of
the City of Smyrna, as designated by the Mayor and Council of the City,
2) and such container is designated and intended for use by the location
where the solid waste or refuse was generated.
C. It shall be presumed that solid waste or refuse containing matter identifying
the owner was under the possession and control and belonged to such owner at
the time it was discarded, and therefore, that such owner discarded the same
in the manner such solid waste or refuse shall be found, until otherwise proven.
D. The City Administrator is hereby authorized, but not required, to pay $50.00
as a reward to any person except a city employee, for information leading to
a conviction of any person violating the provisions of the ordinance.
E. Violations of this ordinance shall be punishable as a misdemeanor as provided
in the Code of Ordinances of the City.
James Williams made a motion the amendment be approved as read. Kathy Brooks
seconded the motion which carried 5-0.
AWARD OF BID: John Patterson said bids were received from four companies for
a rotary mower for the Parks Department. The low bid did not meet specifications
and John Patterson recommended the second low bid from Coxwell Tractor be accepted.
Kathy Brooks made a motion the bid be awarded to Coxwell Tractor at $7,050 for
a John Deere Model 930 mower. Bob Davis seconded the motion which carried 5-0.
COMMERCIAL BUILDING PERMITS:
(A) Union Oil requested a building permit for new construction at Powder Springs
Street and South Cobb Drive. Kathy Brooks made a motion the permit be approved
subject to approval of the City Engineer and Fire Marshal. James Williams seconded
the motion which carried 5-0.
(B) Ridgeview Institute requested a building permit for office/condominium tenant
finish. 'Max Bacon made a motion the permit be approved subject to approval of
the City Engineer and Fire Marshal at a total estimated cost of $35,000. Hugh
Ragan seconded the motion which carried 5-0.
(C) Tom Gorin & Company requested a building permit for construciton of a warehouse
at Highlands Park at a total estimated cost of $420,000. Hugh Ragan made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
October 7, 1985 - Continued
James Williams seconded the motion which carried 5-(
(D) The Smyrna Post Office requested a permit to enlarge their parking lot at
a total estimated cost of $278,000. Kathy Brooks made a motion the permit be A
approved subject to approval of the City Engineer and Fire Marshal. James Williams
seconded the motion which carried 5-0.
CONSENT AGENDA: Hugh Ragan made a motion the minutes of September 3, 16 and I
23 be approved as submitted. Bob Davis seconded the motion which carried 5-0.
COUNCIL INPUT: James Williams said we are continuing to work on discrepancies
in our county water billing and hopefully we will have a final dispositon within
the next 30 days.
Kathy Brooks commended Carol Cowan and Martha Morris in the Inspections Department
for the good job they are doing in conjunction with the moratorium and changes
adopted tonight.
Hugh Ragan reiterated the city-wide problem we have with speeding and traffic
violators and told John Patterson we need to take a hard look at the problem
and see what can be done.
Jim Hawkins reminded everyone of the election November 5th and
Max Bacon for being the next Mayor, having had no opposition in
period. Wards 1 and 7 are also unopposed but polls will be open
special referendum dealing with 4 year staggered terms.
With no further business, meeting adjourned at 9:29 p.m.
************************
October 21, 1985
congratulated
the qualifying
because of the
The regular scheduled meeting of Mayor and Council was held October 21, 1985
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor Protem Jim Hawkins. All Council members were present.
Also present was City Administrator John Patterson, City Attorney Charles E.
Camp, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams, Clean
City Coordinator Elsie Rape and representatives of the press.
Invocation was given by Bob Davis followed by the pledge to the flag.
PUBLIC INPUT: Nothing to report.
DEPARTMENT REPORTS:
(A) John Patterson reported on the financial condition of the City through
the first quarter of the fiscal year. About 15% of the revenues for the General
Fund have bene collected and with property taxes being due November 15th, that
figure will soon increase considerably. Expenditures in the General Fund are
at approximately 24% which is in keeping with the passage of time. Mr. Patterson
said that generally you will have higher expenditures the first quarter and
lower revenues. The utility fund has collected about 28% of projected revenues
which is better than you would expect, with 26% of this fund being spent. In
the State Grants Fund, 26% has been collected and the same amount spent. In
the Revenue Sharing Fund, 25% of the revenues to date have been collected but
through September 30th, only $3,200 was spent. Mr. Patterson said there were
no departments out of line in their expenditures.
(B) Chief Larry Williams made a Fire Department report and stated that during
September they had 29 emergency calls. Fire loss was approximately $5,200 in
September and $119,000 year to date. 1,145 hours were spent on training in September
and the Fire Prevention Bureau made 58 inspections. Also, there were 116 burn
permits issued. The fire department also conducts fire safety programs .and they
have completed the inspection and repair of hydrants throughout the City.
(C) Elsie Rape stated the Clean City Committee has placed newspaper recycling
bins at different locations in the City and they hoped to use proceeds from
these sales to buy plants and shrubs for their adopt -a -spot program. October
12th was also clean up day in Smyrna and Elsie introduced three high school
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