11-05-1984 Regular MeetingNovember 5, 1984
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on November 5, 1984. 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 Clerk Willouise Spivey, John Halpin representing Charles E. Camp, Police Chief
R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Vic Broyles,
Assistant City Clerk Melinda Dameron, Civil Defense Director Jim Farley, Librarian
Doris Morris, Building Inspector Scott Stokes, and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Mayor Bacon introduced political candidates Herb Rivers and Buddy Darden from the
audience.
Citizens Reports: Sue Brissey asked when the wig wag light on Concord Road at Havilon
would be installed. Hugh Ragan said the light has not been delivered but we hope to
have it this week. Mrs. Brissey asked when the City was going to enforce the ordinance
concerning paved parking on Concord Road. Mayor Bacon assured her that some action
would be taken before the first of the year. Mrs: Brissey also complained of signs
on utility poles and suggested that danger signs be posted by the City as a possible
solution.
Max Bacon introduced "Smedley", the mascot for the Clean City Committee and read a
letter from Coordinator Mary Ann Lasseter outlining the goals of the committee.
Approval of Audit: James Williams made a motion the 1983/84 audit be approved as
submitted. Kathy Brooks seconded the motion which carried 7-0.
Privilege License: Eileen Kimberly Lusk requested a beer and wine pouring license
for Out to Lunch at 3807 South Cobb Drive. Ms. Lusk said this would be a sandwich
shop, open 11 to 7, Monday through Saturday. Ms. Lusk said she was aware of the prev-
ious problems at this location but no beer would be sold without food. There was no
opposition from the audience and the police investigation was favorable. Kathy Brooks
made a motion the license be approved. James Williams seconded the motion which carried
7-0.
Privilege License: Michael P. Cotton requested a business license for Countywide
Bonding Company. Mr. Cotton said his office was located at 1581 South Cobb Drive,
outside the City but he needed the license to do business inside the City. He has
been in the business for about 2 years now, working for Assured Bonding Company as
their agent. There was no opposition and Kathy Brooks made a motion the license be
approved. Jack Shinall seconded the motion which carried 7-0.
Rezoning: Harold Bentley represented Harvey Nix in his request to rezone property
in Land Lot 379 on South Cobb Drive from Office/Distribution to General Commercial.
Mr. Bentley said if approved, they would construct a building for Taylor Rent-Alls,
to rent lawnmowers, tractors, etc. Mr. Bentley said mini -warehouses are on one side
of the property and the other side is vacant. There will be no outside storage what-
soever. Hugh Ragan asked about the 30 foot easement adjacent to this property and
asked if there was not an agreement between the two property owners to make this a
40 foot easement for the road. Mr. Bentley said to his knowledge, there was no agree-
ment. They have talked to DOT about a curb cut on South Cobb to serve the property,
but do not know now if it will be approved. As it is now, they are landlocked and
must have access from South Cobb Drive. The 30 foot road mentioned serves two buildings
in the rear and did not think it would be in their best interest to use the road.
If the State denies the curb cut, they will not be in business. Mr. Bentley said he
was asking for the rezoning contingent upon the curb cut being approved and also said
there is an existing curb cut in the center of the property. Jack Shinall said he
believed there was an agreement to deed the road to the City and Mr. Bentley said
there was an agreement, if the City would accept the road. If there is a signed agree-
ment for a 50 foot right of way he would live up to it but did not know if there was
such an agreement. There was some discussion about setbacks and Mr. Bentley said he
did not believe they would need any variances. Ed Norton with Stanley Tools spoke
and said the proposed building is 6000 square feet, 120 x 50 and the lot is 168 feet
across which leaves 48 feet north and south of the road.
Bill Askea was in the audience and said he was not opposed to the zoning but there
was an agreement on the 40 foot right of way and his sales contract and deed says
he can have up to 50 feet if the City desires that. Jack Shinall said he was concerned
about possible outside storage and also had problems with the curb cut, which he felt
would be unsafe. Also, the plans before him show an 8,000 square foot building and
tonight Mr. Norton stated the building would be 6,000 square feet. Jack Shinall made
a motion this be tabled to the next meeting to get information from the State and
November 5, 1984 - Continued
review the drawings. Hugh Ragan seconded the motion which carried 5-2, with Max Bacon
and James Williams opposed. �
Zoning: Jack Halpern requested rezoning of 2.757 acres in Land Lot 491 on Atlanta
Road from General Commercial to Office/Distribution. Allen Halpern represented the
applicant and stated they were asking for the rezoning to build 470 mini -warehouses
consisting of 20, 30 and 40 foot bays. There are apartments to the rear of this prop-
erty with Eckerds on the south and the transmission business on the north side. Vic
Broyles stated there would have to be some modifications made by the City on the sewer
system because sewerage on Atlanta Road at that location is not available. Mr. Halpern
said they also owned Network Rental on Cherokee Road and would be willing to grant
an easement from that location to tie on.
Paul Chastain presented plans of the proposed development and said they would be work-
ing with the State on the acceleration/decelleration lane which they felt sure would
be required. There was no opposition from the audience and Kathy Brooks made a motion
the zoning be approved. Jim Hawkins seconded the motion which carried 7-0.
Variance: Winfield Properties Group, applicant for Halpern Enterprises requested
a variance on property just rezoned to reduce front yard setback from 75 feet to 50
feet; reduce side yard setback from 20 feet to 5 feet; and approval of living quarters
in the mini -warehouse development, for security reasons. Paul Chastain represented a
Winfield Properties and stated that they were withdrawing the first variance, to reduce,
the front yard setback. The variance on the side yard adjoins Eckerds and they spoke',
with the real estate department for Eckerds. They stated they have no problem with
the variance but did not have time to get a letter, which would take approval from
the Board. Mr. Chastain said they need to build 470 units on the property to meet
their ratio of coverage and would lose too much lease space by eliminating any build-
ings on that side. Eckerds building is situated 30 feet from the property line.
Mr. Chastain said they were also requesting 1000 square feet of living quarters and
office space, for security purposes. The living quarters will be occupied on a perman-
ent basis with someone on duty from 9:30 to 6:00, 5= days per week. This person will
also maintain the property as well as provide security.
Kathy Brooks made a motion the variance on the side yard setback be approved. Jack
Shinall seconded the motion which failed 2-5. Kathy Brooks made a motion a 90 day
temporary permit be approved for living quarters on the site until our ordinance can
be amended. Jim Hawkins seconded the motion which carried 7-0.
Mayor Bacon introduced political candidates Emmett Burton for Commissioner, Paul Moore
and Sam Whitfield for School Board and Pat Head for Solicitor.
Variance: Francis Lott requested a variance to reduce number of parking spaces and
also approval for living quarters for security reasons at Ark Self -Storage at 2330,
Old Concord Road. Mr. Lott said in his other developments they had found four parking
spaces to be sufficient and our ordinance makes no distinction between self -storage
and mini -warehouses for parking. Mr. Lott also had a letter from the adjoining church
stating they had no objection to the variance. Mr. Lott said that generally there
would be no more than 2 or 3 vehicles on the premises at one time, and there are other
spaces in the rear for the manager to park his car. Kathy Brooks made a motion the
variance be approved. Jack Shinall seconded the motion which carried 7-0.
Mr. Lott said they were also requesting approval of 1260 square feet of living space
and office for security reasons. Kathy Brooks stated we need to look into this ordi-
nance and make some changes and made a motion a 90 day temporary permit be approved
for the living quarters until the ordinance can be rewritten. Jim Hawkins seconded
the motion which carried 7-0.
Variance: D. Scott Carlson requested a variance on the side yard setback on Lot 64
of Highgate Manor, Concord @ Hurt Road. Mr. Carlson said they had made a mistake on
this one unit and the garage extended 13 inches into the setback, which is actually
on the front yard instead of the side. His engineer missed the encroachment because
of the curvature in the road and they had already adjusted the rear and side yard.
There was no opposition and Hugh Ragan made a motion the variance be approved with
a $200 fine assessed. Jim Tolleson seconded the motion which carried 7-0.
A
Variance: Coleman Orr requested a variance on front and rear yard setbacks on Lots -
13 of Laurel Springs Development, Cooper Lake Road. Chris LaMere represented the appli-
cant and said they had mistakenly built over the front and rear line due to an error
by the surveyor. Mr. LaMere said they had already sheetrocked this unit and found
the error about 3 or 4 weeks ago. The variance needed is from 25 to 24.3 feet on the
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November 5, 1984 - Continued
front and 30 to 16.4 feet on the rear. Mr. LaMere said they were now making the
surveyor pin the lots so they would not make this mistake again. There was no
opposition and Hugh Ragan made a motion the variances be approved with a $500 fine
assessed. James Williams seconded the motion which carried 7-0.
Variance: Mike Johnson requested a variance to eliminate the 10 foot buffer strip
and also to reduce the side line setback from 50 feet to 3 feet for construction of
a new Brake-0 on Spring Road. Mr. Johnson said the proposed building is 55 x 100.
Brake-0 will occupy 3000 square feet and the other 2500 square feet will be leased.
However, if they eliminated the tenant space they would probably still need the var-
iance. Mr. Johnson said they had a letter from Bogey Stoner, owner of the Dairy Queen
stating he had no objection to the side yard setback. James Williams asked if the
variance was denied if they would continue with construction for Brake-0 and Mr. John-
son said he did not definitely know. Mr. Williams said variances were granted to elim-
inate any undue hardships and he had some serious problems with the side setback.
Mr. Johnson said the property was very expensive. The lot is 26,000 square feet and
the normal ratio of coverage is 50%, but they were only asking for 25%. After further
discussion James Williams made a motion the variance be denied based on the fact that
he felt the variance was excessive and did not feel it was an absolute hardship. Jim
Tolleson seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by Scott
Stokes and recorded as follows:
(1) Chix Auto Parts requested a permit for new construction at 291 Pat Mell Road
at a total estimated cost of $35,000. Jack Shinall made a motion the permit be ap-
proved subject to approval of the City Engineer and Fire Marshal, seconded by Jim
Hawkins. Mayor Bacon suggested this permit be held until Mr. Caswell paved the parking
lot at Jonquil Florist on Concord Road, as property owner. Following discussion, the
second to the motion was withdrawn and the motion then died for lack of a second.
Max Bacon made a motion the permit be tabled to the next meeting. Jim Hawkins seconded
the motion which carried 7-0.
(2) D'Lites of America requested a permit for new construction on South Cobb Drive
at Kroger Shopping Center at a total estimated cost of $265,000. Jim Hawkins made
a motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Hugh Ragan seconded the motion which carried 7-0.
(3) Amoco requested a building permit for new construction at 2711 South Cobb Drive
at a total estimated cost of $100,000. Jack Shinall made a motion the permit be
approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks
seconded the motion which carried 7-0.
(4) Spring Village Shopping Center requested a permit for new construction at 1860
Spring Road at a total estimated cost of $362,000. Jim Tolleson made a motion the
permit be approved subject to approval of the City Engineer and Fire Marshal. Max
Bacon seconded the motion which carried 7-0.
Validation of Signatures: John Halpin read applications for annexation for four (4)
parcels in Davenport Town as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident in
the area described below and 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 the State of Georgia and County
of Cobb and in Land Lot No. 634 of the 17th District, 2nd Section of Cobb County,
Georgia, being more particularly described as follows:
A certain tract or parcel of land fifty (50) feet in width and one hundred fifty (150)
feet in length lying immediately east of the tract of land conveyed by D. C. Osborn
to Wit Moss by deed dated July 27, 1938, which said deed is recorded in the office
of the Clerk of the Superior Court of Cobb County, Georgia, in Deed Book 130, page
75, to which reference is made. Said tract of land herein conveyed is bounded on the
west by property of said Wit Moss, south by road, east by other property of D. C.
Osborn, and north by Horace Hamby property.
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November 5, 1984 - Continued
This deed is made to correct an error in the name of the grantee in deed dated April
21, 1945 from D. C. Osborn to Charley Walker, recorded in Deed Book 168, page 4, Cobb
County records.
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/CHARLEY
WALKER
ALSO, all that tract or parcel of land lying and being in Land Lot 634 of the 17th
District, 2nd Section, Cobb County, and being more particularly described as follows:
BEGINNING at the southeast corner of Land Lot 634 and running thence north along the
original land lot line for a distance of 150 feet; thence west for a distance of 95
feet; thence south for a distance of 150 feet; thence east along the south line of
said Land Lot for a distance of 95 feet back to the point of beginning.
NOTE: A portion of the above described property waspreviously conveyed by D. C.
Osborn to H. C. Lollis as shown by deed recorded in Deed Book 185, page 226, Cobb
County Records. Later H. L. Lollis bought forty-five more feet and the entire tract
is described in whole in this deed simply for the purpose of convenience and to show
the entire property conveyed.
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/HATTIE
MAE LOLLIS
ALSO, All that tract or parcel of land lying and being in Land Lot 663, 17th District,
2nd Section of Cobb County, Georgia, and more particularly described as follows:
BEGINNING at a point on the west land lot line of said Land Lot 663, 202 feet north
of the southwest corner thereof and running thence north 1 degree 30 minutes west
along said land lot line 100 feet; thence southeast 160 feet; thence southwest 148
feet; thence in the shape of a triangle; also, an easement and right-of-way in a 15
foot driveway commencing at the end of Hawthorne Street in the southwest corner of
said land lot and running due north to the property above described for the purpose
of ingress and egress to the property herein conveyed.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID,
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. I
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/MALISSA
H. KING
ALSO, A certain tract or parcel of land situated lying and being in the 17th District
and 2nd Section of said Cobb County and State of Georgia, to wit:
BEGINNING at the northeast corner of Land Lot 633 and running thence along the north
line of said land lot a distance of 100 feet; thence south parallel with the east
original line a distance of 75 feet; thence east parallel with the original north
line a distance of 100 feet to the original east line of said lot; thence north along
the said east line to the point of beginning.
Being the same property conveyed by Mrs. Ciller Davenport to Mount Zion Baptist Church
of Cobb County, Inc. by Warranty Deed dated April 1, 1952.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
01
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/WILLIAM.,
J. BLOUNT & R. L. HANEY
James Williams made a motion the signatures be validated and the public hearing set
for the first meeting in December. Max Bacon seconded the motion which carried 7-0.
November 5, 1984 - Continued
Mayor Bacon recognized Preston Bussey, candidate for the Board of Education.
Approval of Trailer: Mayor Bacon read a letter from Fred Bostick requesting approval
to maintain the camper on his property on Concord Road for sleeping purposes only,
for 45 days. Mr. Bostick said he was moving to Thomasville, Georgia and had sold his
home sooner than he anticipated. He is trying to find another attorney to take over
his practice here and as soon as that is settled, will move. Jim Hawkins made a motion
the trailer be approved for sleeping purposes, for 45 days. James Williams seconded
the motion which carried 6-0, with Jim Tolleson abstaining.
Hugh Ragan read a letter from Stan Argo requesting approval of a sales/construction
office trailer at Mill Pond Village on South Cobb Drive. Hugh Ragan made a motion
the trailer be approved for one year. Jack Shinall seconded the motion which carried
7 -0 .
Bid Opening: Only one bid was received for construction of the Powder Springs Street
bridge which was opened, read and recorded as follows:
Laslie & Company $119,644.28 total
Vic Broyles stated that $59,000 was appropriated for this project. Jack Shinall made
a motion the bid be turned over to Jim Mallett and the Street Committee with their
recommendation back to full council at the next meeting. Max Bacon seconded the motion
which carried 7-0.
Request for Bids: Hugh Ragan said the City had recently bought the house at the corner
of King and Bank Street. This is a 7 room house, and Hugh Ragan made a motion bids
be requested on cost of renovation for use by the City. Max Bacon seconded the motion
which carried 7-0.
Hugh Ragan said the City is continuing to grow and we have never had a formal contract
for our engineering services. Hugh said he would like to request bids from consultants
in and around the City. Hugh Ragan made a motion bids be requested, asking that each
company outline their area of expertise and their proposal of services to the City.
Max Bacon seconded the motion which carried 7-0.
Appointment: Jack Shinall made a motion that Charles E. Camp be appointed as hearing
officer for the Housing Authority. James Williams seconded the motion which carried
7-0.
James Williams made a motion the Mayor be authorized to sign the Community Development
Block Grant agreement for 1984 in the amount of $152,688. Jim Tolleson seconded the
motion which carried 7-0.
i Conveyance Deed: James Williams stated that several months ago the City deeded one-
half of an abandoned alley to Mr. Koch at 1480 Roswell Street and made a motion that
the other one-half be deeded to Mr. James B. Corn, with Mr. Corn to pay all legal
fees involved. Jim Tolleson seconded the motion which carried 7-0.
Approval of Minutes: Jim Tolleson made a motion the minutes of October 1, 4 and 15
be approved as submitted, seconded by Jim Hawkins. Hugh Ragan stated he had a problem
with the minutes of October 15th concerning some of the verbage during the rezoning
of the Nations property. Jim Hawkins withdrew the second. Jim Tolleson made a motion
the minutes of October 1 and 4 be approved. Jack Shinall seconded the motion which
carried 7-0.
Jim Tolleson made a motion the minutes of October 15th be tabled to the next meeting.
Hugh Ragan seconded the motion which carried 7-0.
Moratorium: Max Bacon stated that the City has had a m�titude of multi -family zonings
which causes a problem with local government and counties in providing services. There
is always a question with the sewer system and roads and our Future Land Use plan
is still not complete. Max said he thought we should take time to evaluate these con-
ditions. Jack Shinall stated that is one reason we need an in-house planner. Many
times we are leaving ourselves wide open for a suit. Max Bacon said Fire and Police
protection is also something that needs to be looked at and possibly the 90 days that
�j he is proposing could be extended if we do not have any answers at the end of the
90 days. Max Bacon made a motion a 90 day moratorium be placed on all multi -family
zonings effective today. Any applications accepted as of 5:00 today in City Hall would
still be heard. Hugh Ragan seconded the motion which carried 7-0.
Jack Shinall stated we are also having problems with the number of variances received
and there is some question about many of them causing undue hardship. Jack said he
November 5, 1984 - Continued
would also like to have input from the Planning and Zoning Board, Chuck Camp and
HensleySchmidt to review certain areas that have been zoned for different categories
to determine if the property can be built on. Jack said we should notify the buildingl
department that a variance would not be heard for multi -family or commercial use unless \
it is an extreme emergency. After further discussion, Jack Shinall made a motion that
a 90 day moratorium be placed on all multi -family and commercial variances, except
in situations of dire emergency. Max Bacon seconded the motion which carried 7-0.
Jack also stated that council would determine the emergency situation prior to
applications being accepted.
Committee Reports: Jim Hawkins read a letter to Hubert Cochran from the Arbors of
Post Village commending his department for their quick response in answering a call
there recently.
(Parks) Jack Shinall said this Halloween Carnival was the best ever, with 33 clubs
participating. Jack also read a letter from Cobb Center thanking the Parks staff for
the good job.
(Library) Doris Morris reported on library activities.
(Inspections) Hugh Ragan stated that through October, we have had $64,924,000 in
construction cost.
i
Mayor Bacon reminded everyone of the City Auction on December lst at 10:00 a.m. in�
the Annex parking lot.
Emmett Burton, County Commissioner asked to speak and said he would like to pledge
the full support of the county concerning the moratoriums approved tonight.
With no further business, meeting adjourned at 10:07 p.m.
November 19, 1984
The regular scheduled meeting of Mayor and Council was held November 19, 1984 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 except for James Williams,
who was attending a business seminar. Also present was City Attorney Charles E. Camp
Assistant City Clerk Melinda Dameron, Police Chief R. E. Little, Acting Fire Chief
Hubert Cochran, Public Works Director Vic Broyles, Parks and Recreation Director Sherry
Reavis, Mike Lawler with Mallett & Associates, Civil Defense Director Jim Farley,
Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the
press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
Proclamation: Mayor Bacon introduced Nick Pedro with the Cobb County Community School
Program. Mr. Pedro explained the purpose of the Community School Program and also
introduced School Board members Sam Whitfield and Paul Moore, Cobb County Commissioner
Emmett Burton, Janice Repasky, Terry Shelton and Mary Amin with the Community School
Program. Charles E. Camp read the proclamation for the Community School Program and
presented it to Mr. Pedro.
Citizens Reports: Jay Wallace representing the Smyrna Jaycees, stated the Jaycees
would have their annual Empty Stocking Fund drive and requested approval for a bucket
brigade the second and third weekends of December. Mr. Wallace was asked to get with
Chief Little and let him know what intersections they would be working.
Annexation: Johnny Roper requested annexation of 16.351 acres on Smyrna Roswell Road,
the legal description having been read and made a part of the October 15, 1984 minutes.
There was no opposition and Max Bacon made a motion the property be annexed, to become
a part of Ward 3. Jim Hawkins seconded the motion which carried 6-0.
Rezoning: Johnny Roper requested rezoning of 16.351 acres just annexed into the City
from Residential to General Commercial. Horace Bowie represented Mr. Roper and stated -'
that his business, Sleepy Hollow Kennel, had been operating under a land use permit
the entire time, and Mr. Roper was requesting the rezoning to conform with our ordi-