11-19-1984 Regular Meeting (2)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-
November 19, 1984 - Continued
nance. There is a contract to sell the property which will probably be developed for
�• offices. Mayor Bacon read the recommendation from the Planning and Zoning Board to
approve the rezoning. Mr. Bowie said they did not have a definite time set for con-
struction; the plans are just being drawn. There was no p g opposition from the audience
and Jim Hawkins made a motion the zoning be approved. Jim Tolleson seconded the motion
which carried 6-0.
' Rezoning: Ward -Meade Investment Co. requested rezoning of 2.375 acres in Land Lot
377 and 376, Powder Springs Street @ South Cobb Drive from General Commercial to RM-
10. Three people in the audience raised their hands in opposition and were sworn in
by Attorney Alton Curtis. Mr. Curtis introduced Cam Owens, real estate broker
representing Ward -Meade, and Mr. Curtis stated he represented Mr. Farris Perry. Mr.
Curtis said Mr. Perry wanted to develop this property into 12 to 16 apartment units.
They had agreed to remove one building at an October neighborhood meeting in a spirit
of compromise. Mr. Perry has an interest in the James House apartments across the
street from this property and would develop this along the same lines as James House;
mainly for senior adults, and he will also reside there. Mr. Perry has a market for
senior adults to rent to and the land is best suited for apartments.
Max Bacon asked if there was ingress/egress to South Cobb Drive. Mr. Curtis said there
is a quasi -dedicated street, Floyd Drive, which is shown on the plan as being extended
across South Cobb Drive. They were also asking that this street be closed, even though
it was never opened or dedication accepted by the City, to his knowledge. The only
other access to South Cobb Drive would have to be through the Sizzler and Amoco Station
property. Sizzler has an easement through this property to Powder Springs Street but
' Mr. Curtis said he did not believe they would ever exercise their right to the ease-
ment. Also, they could not use this easement because it is not a reciprocal agreement.
Mr. Curtis said none of this property is in the flood plain. Attorney Camp stated
that Mr. Curtis may want to clarify that statement, that none of the structures would
be in the flood plain.
Jim Tolleson asked about sewage problems in the area. Mr. Owens said there is a broken
sewer line and Ward -Meade and Mr. Perry, as owners of this property had given an ease-
ment to repair the line. Vic Broyles said there is a slight problem now with sewage,
but not to the extent that the line is overloaded. When it rains, it does overflow
onto this property and the City wants to re-route the line. Max Bacon asked if the
line could take 16 additional units and Mr. Broyles said he doubted that it would,
if all 16 were put on at one time. Mr. Owens said they were flexible and would work
with whatever plan the City recommends. If necessary, they would wait for the trunk
line to be put in operation. Jack Shinall stated this would be the first line to be
replaced under the sewer rehabilitation program.
Jack Shinall asked about traffic on Powder Springs Street. Mr. Curtis said they would
have an access lane into the apartments. However, this development should generate
very little traffic since no more than one-half of the tenants would.be driving to
. and from work. Mr. Curtis said they would also need a variance on the front building
setback line once the access lane is in place.
Mr. Curtis said Mr. Perry was willing to construct one building at a time, if that
was the City's request. Mr. Curtis said the highest and best use of the land was for
apartments and this is the last useful piece of real estate in the Ward -Meade tract.
Traffic flow and water problems are not matters that should concern the City; the
highest and best use of the land is what should concern the City.
Paul Grebe of 766 Powder Springs Street spoke in opposition due to the existing traffic
problem, sewer problems and low water pressure. He also questioned the compromise
by Mr. Perry to delete one of the buildings. Vic Broyles and Hubert Cochran both stated
to their knowledge, there.is not a problem with low water pressure.
Jay Wallace also spoke and said traffic is a very bad problem and could see no reason
to add to it. He also questioned the need for more apartments in the City.
Jim Hawkins questioned the
statement made earlier that Mr. Perry would only rent to
Senior Citizens. Mr. Curtis
said
he has run James House apartments on the same basis
for over 20 years. He knows
what
he wants to do, will be living on the property and
can rent to who he wants to.
'�-
Alice Briggs from the audience
also .expressed her concern about traffic on Powder
Springs Street and safety for children walking to school.
I
Jack Shinall said he knows
Mr.
Perry personally and he has always done everything
he said he would do; he did
not
doubt his integrity; however, to place even 12 units
November 19, 1984 - Continued
on this property would place an additional load on the sewer system and would place y I
an additional safety factor in regards to the health and safety of the community.
There is also a flooding problem in this area. Jack Shinall made a motion the zoning
be denied based on the aforementioned facts. Hugh Ragan seconded the motion which -
carried 5-1, with Jim Hawkins opposed.
Rezoning: Mayor Bacon stated that Mr. Bentley had called today concerning the rezoning
of the Harvey Nix property on South Cobb Drive and requested that it be carried over
to the first meeting in December until he can get an answer from the State concerning
the curb cuts. Jack Shinall made a motion this be tabled to the first meeting in Dec-
ember. Jim Hawkins seconded the motion which carried 6-0.
Variance: Jim Crist requested a variance on reduction in parking spaces and waiver
of a portion of the 10 foot landscaped strip on Curtis Drive. Mr. Crist said they
were proposing a 146 unit Days Inn hotel at the intersection of Hargrove and Curtis
Drive with the main entrance on New Spring Road. There is presently a proposed plan
for relocation of Curtis Drive with improved traffic facilities for US41 and I-285.
Mr. Crist said he had been asked to reserve 7,000 feet of undeveloped area to
accommodate the widening. These variance are being requested as a result of the area
being reserved for widening. His building plans are flexible to accommodate whatever
is designed for widening of the road. Mr. Crist said when the road widening occurs,
the State will take one of the curb cuts for the hotel.
Jim Tolleson said he had no problem in reducing the number of parking spaces as long
as it will not interfere with the Fire Department. X,
Mr. Crist also stated.that because of the widening he was requesteing that a portion
of the landscaped strip be reduced to 61 feet instead of the 10 feet required.
Ralph Hancock spoke and said he had no complaint about the hotel, but residents in
the area were concerned about the entrance on Curtis Drive and traffic in that area.
After lengthy discussion concerning the curb cut locations, Jim Tolleson made a motion
the variances be approved with a copy of the letter from Sweitzer & Peoples, Inc.
dated September 28, 1984 and a copy of the letter from Doug Hefty dated October 4,
1984, to be made a part of these minutes. Max Bacon seconded the motion which carried
6-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Scott Stokes, and recorded as follows:
1) Lott Properties requested a building permit for construction of mini warehouses
at 2330 Old Concord Road at a total estimated cost of $523,105. Kathy Brooks made
a motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Jack Shinall seconded the motion which carried 6-0.
2) Lakewood Partners requested a building permit for construction of a 4 story office
building at 2055 Lake Park Drive at a total estimated cost of $3,265,000. Hugh Ragan
made a motion the permit be approved subject to approval of the City Engineer and
Fire Marshal. Jack Shinall seconded the motion which carried 6-0.
3) Boise Cascade requested a building permit for new construction at 4800 Highlands
Parkway at a total estimated cost of $2,300,000. Max Bacon made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins
seconded the motion which carried 6-0.
4) Indian Trail Development Company requested a permit for new construction at 4600
Highlands Parkway at a total estimated cost of $1,820,750. Plans have already been
approved, and Hugh Ragan made a motion the building permit be approved. Max Bacon
seconded the motion which carried 6-0.
5) Chix Auto Parts requested a permit for new construction at 291 Pat Mell Road at
a total estimated cost of $350,000. Kathy Brooks made a motion the permit be approved
subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the
motion which carried 5-1, with Jim Tolleson opposed.
6) Williamscraft Builders requested a building permit for tenant space at 1800 Lake f`
Park Drive at a total estimated cost of $79,000. Jim Tolleson made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins l
seconded the motion which carried 6-0.
7) Jerry Cole Construction requested a building permit to repair fire damage to the
existing building at 2238 South Cobb Drive at a total estimated cost of $10,000. Hugh
November 19, 1984 - Continued I
Ragan made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0.
I� Validation of Signatures: Attorney Camp read an application for annexation by Smyrna
Presbyterian Church on Atlanta Road 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 595, 596 and 597 of
the 17th District, 2nd Section, Cobb County, Georgia and being more particularly des-
cribed as follows:
' BEGINNING at a point on the southwestern side of the Old Atlanta -Marietta Highway
(formerly U.S. 41), 500 feet southeasterly from the point where the west line of Land
Lot 595 crosses the southwestern side of said highway, said point being the north-
eastern corner of the property conveyed by Nettie F. Fuller to 011ie F. Fuller by
deed dated May 15, 1936; running thence southeasterly a distance of 265.9 feet along
r the southwestern side of said highway to an iron pin; running thence south 2773.08
feet to an iron pin on the south line of Land Lot 597; thence west along the south
line of said Land Lot 597, a distance of 303.50 feet to an iron pin; running thence
north a distance of 2526.70 feet to the southwestern corner of the property conveyed
to 011ie F. Fuller by Nettie F. Fuller by deed dated May 15,1936; running thence in
a southeasterly direction along the southwestern side of said property a distance
of 100 feet; running thence north along the eastern side of said property a distance
of 450 feet to the southwestern side of the Old Atlanta -Marietta Highway to the point
of beginning, being all of the property conveyed by J. B. Fuller and W. Morris Fuller,
' as Executors of the Last Will and Testament of Nettie F. Fuller, to J. B. Fuller,
W. Morris Fuller and Harold G. Fuller, by deed dated November 22, 1957.
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/DOUGLAS
R. HAYNIE, PRESIDENT
Max Bacon made a motion the signature be validated and the public hearing set for
December 17, 1984. Jim Hawkins seconded the motion which carried 6-0.
Request for Bids: Jim Hawkins made a motion that bids be requested for a sound
projector and screen for the Fire Department to be charged to the training budget
and opened December 17th. Jack Shinall seconded the motion which carried 6-0.
Jim Hawkins made a motion bids be requested for six air packs for the Fire Department
to be charged to equipment, and opened December 17th. Max Bacon seconded the motion
which carried 6-0.
Bid Opening: Bids for the renovation of the house on Bank @ King Street were opened,
read and recorded as follows:
Boling Construction Co. $19,773.00 +
350.00 for additional needed work
Patterson Home Improvement $24,400.00
$45,000.00 to put house in good condition
Northwest Home Improvement $13,200.00
Hugh Ragan made a motion the bids be turned over to committee for their evaluation
with a recommendation back to full council at the first meeting n December. Max Bacon
it seconded the motion which carried 6-0.
' Dedication of Road: Jack Shinall stated we have a letter from Bill & Gearldean Askea,
John H. Cunningham and P. F. Bentley requesting that the City accept dedication of
a street, described in the letter as follows:
November 19, 1984 - Continued
Forty (40) foot right of way off of South Cobb Drive with all buildings that now exist
to remain. This road begins approximately four hundred (400) feet north of Church
Street. It is further described on the attached drawings (by J. S. Ross and Associates
dated 8/12/83, located in Land Lot 379, District 17 Section 2, Cobb County, City of
Smyrna, Georgia. The existing set backs and curb cuts as is are acceptable by the }�
City for this property.
Vic Broyles stated this was a standard form of agreement between the owner and con-
tractor and the road was built per Jim David's specifications. There is some damage
to the road, but Mr. Askea had stated he would either make the repairs or pay the
City to do it. Vic said Mr. Askea has installed one street light which appears to
be adequate and did not see any problem with the City accepting the road.
Jack Shinall made a motion the Mayor be authorized to sign the plat accepting the
street dedication after a full inspection by the Engineering Department and all
required repairs by the Engineering Department. Hugh Ragan seconded the motion which
carried 6-0.
Equipment Surplus: Jack Shinall read a list of items to be surplused from the Parks
Department and sold at auction on December 1st and made a motion it be approved. Max
Bacon said he also had a list of vehicles from the Sanitation Department to add to
the surplused equipment, and the motion was withdrawn. Max Bacon read the list of
vehicles to be surplused and sold at the auction and Jack Shinall made a motion the; �\
items be approved. Max Bacon seconded the motion which carried 6-0.
1-`
Resolution: Max Bacon read a resolution appointing Welker and Associates as project
engineers for the Water and Sewer improvement project as follows:
WHEREAS, Welker and Associates have acted as the city's consulting engineering firm
in the water and sewer study and renovation project and have rendered valuable assis-
tance in the issuing of water and sewer revenue bonds to facilitiate the improvement
of the city sewer system;
NOW THEREORE BE IT RESOLVED by the Mayor and Council of the City of Smyrna that Welker
and Associates be and by this resolution are hereby appointed as the project engineers
for the Water and Sewer improvement project to be funded through the water and sewer
revenue bond issue of the city, to serve at the pleasure of the Mayor and Council,
in accordance with the fee schedule hereto attached.
Max Bacon made a motion the resolution be approved. Jack Shinall seconded the motion
which carried 6-0.
Resolution: Jack Shinall read a resolution concerning privilege license holders as
Iollows:
WHEREAS, there have been throughout the year 1984 and in certain previous years; num- l
erous complaints as to the method of operation and conduct of the patrons of certain
establishments licensed by the city and approved by the Mayor and Council as "privilege
licenses" as well as concern for the health, safety and welfare of the citizens of
the City of Smyrna due to such operation and conduct;
BE IT RESOLVED that the Mayor and Council, or the duly appointed committee thereof,
shall review each "privilege license" prior to the renewal date thereof and in those
licenses where the renewal thereof appears to be detrimental to the health, safety,
and welfare of the citizens of Smyrna or where the operation of the business or conduct
of the patrons thereof are a nuisance, or are contrary to the ordinances of the City
or laws of the State of Georgia, or where the same, while not constituting sufficient
cause in a singular isolated instance or event, it appears more than one incident
has caused the institution of additional city services including but not limited to
added police protection in the vicinity of the establishment for the protection of
the citizens, patrons or the business;
THEN, The MAYOR and COUNCIL, or the duly appointed committee thereof shall give notice
to such "privilege license" holder to show cause why such license should be renewed
and upon failure of such license holder to justify the renewal thereof the same shall
be denied. "
Jack Shinall made a motion the resolution be approved, and a copy delivered to each
privilege license holder in the City. Max Bacon seconded the motion which carried
6-0.
November 19, 1984 - Continued
Approval of Minutes: Hugh Ragan made a motion the minutes of October 15, 1984 be
approved. Max Bacon seconded the motion which carried 6-0.
Committee Reports: Hugh Ragan said he appreciated Commissioner Emmett Burton for
his interest in attending our meetings.
(Employee Benefits) Kathy Brooks said at the next meeting she would propose some
changes to the retirement plan which would affect all employees of the City. Our
present ordinance states that for a person to be vested you must be 50 years of age
and have 15 years service. This will change to 10 years of service regardless of age.
We will also add a death benefit to cover all employees, regardless of age or service.
There is also a plan for employees to voluntarily contribute to a retirement plan.
The cost of these added benefits will be $14.92 per employee per month, or $39,388.80
per year in addition to what we already pay into the pension plan.
(Parks) Sherry Reavis said that cartoons would be shown Wednesday at 9:30 and 1:30
at Church Street; December 6th is the Festival of Music and Tree Lighting; Santa's
Calling will be Decemaber 12, 13 and 14.
Jack Shinall said there was one thing he had failed to mention tonight in his motion
on the rezoning in his ward. Jack said he felt council should carefully review any
request for building permits in that area and possibly not issue any permits until
!� the new trunk line is constructed, due to the sewage problems downstream.
(Police) Chief Little thanked members of Mayor and Council for attending the memorial
I� service for Corporal Stacy Fuller who was killed in the line of duty last week. Chief
Little said he appreciated everyone's consideration and compassion, because this was
a good man.
Jim Hawkins said Stacy was one of our best officers and also a friend of his. Jim
told Chief Little we also appreciate the job these men do; it is very thankless but
necessary.
Max Bacon congratulated Jim Tolleson on being elected to the State Senate in the Novem-
ber 6th election.
d
With no further business, meeting adjourned at 9:00 p.m.
1--f—A
ARTHUR T. BACON, MAYOR
HUGH RAGAN WARD 7
l
WILLOUISE C. SPIVEY, CITY CL K
C
4 lcie:?o
MAX BACON, WARD 2
AMES M. HAWKINS, WARD 4
KATHY BR00r 'WARD 6
FEE SCHEDULE
NET CONSTRUCTION
FEE
COST
PERCENTAGE
$ 100,000
11.63
200,000
10.25
500,000
8.52
1,000,000
7.53
5,000,000
6.42
10,000,000
6.03
50;000,000
5.70
100,000,000
5.64
�vS
Welker and Associates, Inc.
Marietta, Georgia
-4-
.,
ram,,
14
INTEROFFICE- MEMORitAN"
TO: Ms. Spivey
FROM:' Brenda Wallace
SIBJ: Surplus vehicles
The following vehicles are to be surplused:
1. #3 - 1971 Ford L-750 - ID# N76FVK51098
2. #9 - 1975 GMC Dump - ID# TCE615V567689
,//3. #15 - 1975 Chev. C-10 - ID#CCV145A55240
✓ 4. #19 - 1972 Ford F-700 ID# F60CVP40994
5. #28 - 1974 Ford F-700 - ID# E15GHU50772
EQUIPMENT TO BE SURPLUSED FROM PARKS & RECREATION
1 1978 Ford Truck Serial #F10GNAHO339
1 1970 GMC Truck Serial #CS104A257593
45 Incandescent light fixtures
1 Typewriter, Royal 550 #1718 City'Decal
1 IBM Typewriter
1 Burroughs adding machine #J207510D
1 Calculator TCA 400 #005193
2 Portable record players Dynavox
List of albums -by titles
1 A125 Voice Gun (bullhorn) #73932
1 Royal 660 Typewriter #0441 City Decal
1 Aquarium Rack
�•. 4 Folding Tables
ALBUMS
I'VE GOT TO LIVE - CONNIE EATON
SURFER"S CHOICE - DICK DALE
THE COOL WORLD OF JACK SHELDON
THE LOOK OF LOVE
SILVER PLATTER 13 & 14,15& 16, 17 & 18
CHARLIE BYRD HIT TRIP
BHEN LANZARONI
MARION WORTH
JUSTINE
GUS THOMAS
A WOMAN'S SIDE OF LOVE
GOING IN TRAINING
DUANE DEE
MIREILIE MATHIEU
NINE FOR NOVEMBER
BEAUTY AND THE BEAT
3 IN THE CELLAR
HENRY JEROME
GYPSY MAN
THE BEST OF BUDDY MERRILU