12-02-1985 Regular MeetingDecember 2, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on December 2, 1985 at Smyrna City Hall. All council members were present.
Also present was City Administrator John Patterson, City Attorney Charles E.
Camp, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron, Police
Chief R. E. Little, Librarian Doris Morris and representatives of the press.
Invocation was given by Dr. Marc Bramblett, Pastor of King Springs Baptist Church,
followed by the pledge to the flag.
CERTIFICATION OF RUNOFF ELECTION: Election Superintendent Sarah Monsour read
the results of the Ward 3
McNeal, wherein Jerry Mills
made a motion the election
the motion which carried 7-0.
council run-off election between Jerry Mills and Tom
received a majority of the votes cast. Jim Hawkins
results be certified as read. Jack Shinall seconded
PUBLIC INPUT: Nancy Williams representing the Smyrna Jaycees requested permission
to hold another road block on December 8th in place of the December 1st date
previously approved which was canceled due to rain. Max Bacon asked them to
coordinate their plans with Chief Little.
Tom Arnett representing the Cumberland Jaycees also requested a road block for
December 7 and 21 at the intersection of Spring and Hargrove. Max Bacon also
i asked Mr. Arnett to coordinate'their plans with Chief Little.
DEPARTMENT REPORTS: (A) Police Chief Little said he had three new patrolmen
out of school and ready to put on the road, filling 6 of the 12 vacancies in
that department. Also, there are 4 applicants currently under investigation
that have been recommended by the Civil Service Board. Although they have not
officially been notified, Chief Little said the DUI Task Force has been disbanded
and the officer he had assigned to the Task Force has now been assigned to the
Special Operations division which also frees up an additional car, radar and
other related equipment.
Doris Morris said during the month of November, the Library had a circulation
of 4,349 books and records. Their collection increased by 207 volumes for a
total now of 49,711 and there were 159 new membership cards issued. Doris also
invited everyone to the Christmas program at the Library on December 18th at
1:30 p.m.
PUBLIC HEARINGS:
(A) Rezoning of 25.526 acres on Cooper Lake Road in LL 532 and 533 from Heavy
Industry and R-20 to RAD.
There were 12 to 15 in opposition and a spokesman for the opposition was sworn
in along with Mrs. Lillian Castleberry and her attorney Richard Newton. John
i
Patterson said this 25.5 acre tract was recently annexed into the City and Mrs.
Castleberry was requesting the rezoning to allow construction of approximately
104 units. Property to the south is zoned Heavy Industry with R-20 to the west
and residential zoning also across Cooper Lake Road. The Planning and Zoning
Board had recommended the zoning be approved.
Richard Newton said the next item on the agenda is the rezoning of a 2.027 acre
tract from residential to RAD and this smaller adjacent tract is owned by Mrs.
Castleberry's daughter. Mr. Newton said his comments would pertain to the zoning
of both parcels, totaling 27.5± acres. Mr. Newton presented proposed plans for
development and said they had met with the Smyrna Homeowners Association several
times concerning this development. Originally they were asking for 4.89 attached
units per acre but had now compromised at 3.63 detached units per acre, totaling
100 single family homes on the entire tract. Mr. Newton said they could not
reduce density any more than that because of land cost and thought this was
a good transitional zoning. A study had already been prepared by Roger F. Rupnow,
Planning Consultant concerning land use, education, traffic volume and accidents
and fire service and his report indicated the development, not to exceed 4 units
per acre would be ideal. Mr. Newton said the City's land use plan also indicated
4 units per acre density for this site and they are below that now. Mr. Newton
said he felt they had done everything possible to make this a compatible zoning
for the City and to satisfy the homeowners.
Jim Hawkins asked if this zoning request had ever been presented to the County
and Mr. Newton said they had never requested a rezoning from Cobb County, nor
had any other developer. Mr. Newton said they also fully understood that construction
plans would have to be submitted for council approval before any work could
a
December 2, 1985 - Continued
begin and also that there would be stipulations if the zoning was approved.
Mr. Newton said there would be one curb cut on Cooper Lake Road and none on
Mavell Road. The price range of their homes will begin at $90,000 and they will
have an amenity package including swimming pool, tennis courts, underground
utilities, etc. Each unit will have 1300 square foot minimum heated area with
attached two -car garage. Mr. Newton said he would anticipate that all or most
of the homes would be owner occupied.
Curt Boggs of 4453 King Springs Road spoke in opposition stating the development
would have an adverse affect on the public safety and welfare. This property
is in the middle of a residential neighborhood and Cooper Lake Road is already
heavily traveled. Following a lengthy discussion Mr. Boggs said the residents
in the area felt they could probably live with 94 total units or less.
Hugh Ragan said he remembered at their last meeting the acceptable figure being
97 units and it seems that there have been some new concerns here tonight. They
have already made quite a bit of progress from 162 attached units to 100. Hugh
said he thought this was very close to the minimum they had talked about at
their last meeting and was hoping that' the 100 units proposed tonight would
satisfy most everybody, but apparently that is not the case.
Jim Yates of 4421 King Springs Road and Donald Jones of 1153 Summerlin Court
asked to speak and were sworn in by Mr. Camp. Both spoke in opposition stating
the development would decrease the value of homes in the area.
After further discussion and a rebuttal by Mr. Newton, Hugh Ragan made a motion
the rezoning be approved from Heavy Industry and R-20 to RAD with the following
stipulations:
1) Rezone to RAD, to be developed as a residential group project.
2) Maximum 100 detached homes on the total 27.5± acres (3.63 units per acre).
3) Average lot size 8,000 square feet with 7,000 square foot minimum lot size.
4) 25% of lots shall have 80 foot frontage; 50o shall have 70 foot frontage;
the remaining 25% shall have minimum 60 foot frontage.
5) One curb cut on Cooper Lake Road; divided and landscaped entrance to development.
6) Development will have all underground utilities, uniform mailboxes and posts
and an amenity package to include swimming pool and minimum of two tennis courts.
7) Each unit shall have minimum 1300 square foot heated living space with attached
two -car garage.
8) Selling price, $90,000 minimum.
9) Developer shall provide acceleration/deceleration lane.
10) Buffer will be provided around the entire circumference of the development.
Jim Hawkins seconded the motion. Jack Shinall said he could not support the
rezoning because he had a problem as to whether the property could be developed
under this category. Vote on the motion carried 6-1, with Jack Shinall opposed.
(B) Rezoning of 2.027 acres on Mavell Road @ Seaboard Railroad in LL 533 from
Heavy Industry to RAD.
Hugh Ragan said this is the smaller tract adjoining the 25.526 acres just rezoned,
and made a motion this property also be rezoned with the same stipulations.
Jim Hawkins seconded the motion which carried 6-1, with Jack Shinall opposed.
(C) Rezoning of 28.76 acres in LL 534 & 546 south of Seaboard Railroad from
Light Industry to Residential Duplex.
Hugh Ragan said the applicant for the rezoning of this property had requested
the hearing be postponed to the second meeting in January because they have
not had sufficient time to complete the impact study or compile other pertinent
information. Hugh Ragan made a motion this application be tabled to the second
meeting in January. Bob Davis seconded the motion which carried 7-0.
December 2. 1985 - Continued
(D) Rezoning of 4.319 acres, southeast corner of King Springs Road and South
Cobb Drive from R-15 to General Commercial.
i
v
Mr. Kim Hunt of Consolidated Capital Growth Fund requested rezoning of the above
described property for development of a six store shopping center. John Patterson
stated to the north and east of this property is RM-12 zoning and to the south
is the Georgia Power substation. To the west is Neighborhood Shopping. There
was no opposition. Dick Davis represented the applicant and said they were proposing
a 40,000 square foot specialty shopping center. They are negotiating with a
well known cafeteria as their anchor tenant. Joel Harrell asked about an acceler-
ation/deceleration lane on King Springs Road and expressed concern about the
landscaping in the parking area. Mr. Davis said they could provide an extra
lane on King Springs Road and the plans submitted are very preliminary because
they will have island planters in the parking lots. Joel Harrell also asked
about an acceleration lane on South Cobb Drive and Mr. Davis said they would
do whatever was required, but the extra lane on South Cobb Drive may take approval
from the State DOT.
After further discussion Joel Harrell made a motion the zoning be approved with
the stipulations that the property be developed as a shopping center; turn lanes
be installed on South Cobb Drive as well as King Springs Road and that the parking
lot area be landscaped a minimum of 10% of the parking lot area. James Williams
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Jack Shinall made a motion the names of Evelyn Kent, Beatrice Belsky and
Suzanne Shinall be submitted to the Hospital Authority for their selection of
a board member to represent Ward 5. Jim Hawkins seconded the motion which carried
7-0.
(B) Joel Harrell made a motion Robert Gsegner be appointed to the Planning
and Zoning Board to fill his unexpired term in Ward 2. Hugh Ragan seconded the
motion which carried 7-0.
(C) Validate signatures to annex property at 4420 North Cooper Lake Road in
LL 333.
Attorney Camp read an application for annexation of Harvest Baptist Church at
4420 North Cooper Lake 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
i� �� 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
r 69-904 through 69-9,12 (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 333, 17th District,
2nd Section, Cobb County, Georgia and being more particularly described as follows:
BEGINNING at an iron pin on the westerly land lot line of land lot 333, said
iron pin being 435.7 feet southerly as measured along the westerly land lot
line of Land Lot 333 from the corner formed by the intersection of the westerly
land lot line of Land Lot 333 and the northerly land lot line of Land Lot 333;
running thence south 89 degrees 38 minutes east a distance of 734.2 feet to
an iron pin on the northwesterly right of way of North Cooper Lake Road; running
thence southwesterly along the northwesterly right of way of North Cooper Lake
Road a distance of 178 feet to an iron pin; running thence south 89 degrees
50 minutes 30 seconds west a distance of 696.6 feet to an iron pin on the westerly
land lot line of Land Lot 333; running thence northerly along the westerly land
lot line of Land Lot 333 a distance of 182.5 feet to an iron pin and the point
of BEGINNING.
i Also, all that tract or parcel of land lying and being in Land Lot 333 of the
/ 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at an iron pin located at the intersection of the west land lot line
of Land Lot 333 with the northerly right of way of Seaboard Airline Railroad
December 2, 1985 - Continued
(which right of way is 120 feet at this point); thence running north 02 degrees
44 minutes 30 seconds west along the west land lot line of Land Lot 333 a distance
of 202.2 feet to an iron pin; thence running north 89 degrees 50 minutes 30
seconds east a distance of 696.6 feet to an iron pin located on the westerly
right of way of North Cooper Lake Road (which right of way is 50 feet at this
point); thence running south 07 degrees 34 minutes west along the westerly right
of way of North Cooper Lake Road a distance of 140.7 feet to an iron pin located
on the northerly right of way of the Seaboard Airline Railroad (which right
of way is 120 feet at this point); thence running south 84 degrees 29 minutes
30 seconds west along the northerly right of way of the Seaboard Airline Railroad
a distance of 671.5 feet to an iron pin and point of BEGINNING. Said tract containing
2.67 acres.
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/DOYLE GALLOWAY, PASTOR & LLOYD H. MAPP, CHAIRMAN, BOARD OF DEACONS
Hugh Ragan made a motion the signatures be validated and the public hearing
date set for January 6, 1986. Jim Hawkins seconded the motion which carried
7-0.
(D) Validate signatures to annex 2.26 acres in LL 446, fronting on Belmont
Circle.
Attorney Camp read the application for annexation 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 located in Land Lot 446 of
the 17th District, 2nd Section of Cobb County, Georgia, containing 2.26 acres
and being more particularly described as follows:
BEGINNING at a point on the westerly right of way of Belmont Circle south 0
degrees 36 minutes west a distance of 126.16 feet from the intersection of the
westerly right of way of Belmont Circle with the southerly right of way of Turner
Drive; thence continuing along the westerly right of way of Belmont Circle south
0 degrees 36 minutes west for a distance of 100.00 feet to a point; thence running
south 89 degrees 51 minutes 53 seconds west for a distance of 200.00 feet to
a point; thence running south 01 degrees 08 minutes east for a distance of 101.30
feet to a point; thence running south 89 degrees 09 minutes 12 seconds west
for a distance of 470.75 feet to a point; thence running north 53 degrees 00
minutes 28 seconds east for a distance of 75.00 feet to a point; thence running
north 65 degrees 15 minutes 03 seconds west for a distance of 34.50 feet to
a point; thence running north 24 degrees 13 minutes 25 seconds east for a distance
of 38.61 feet to a point; thence running south 65 degrees 15 minutes 03 seconds
east for a distance of 18.28 feet to a point; thence running north 46 degrees
10 minutes 30 seconds east for a distance of 364.50 feet to a point; thence
running south 23 degrees 49 minutes 24 seconds west for a distance of 175.00
feet to a point; thence running south 87 degrees 27 minutes 36 seconds east
for a distance of 150.00 feet to a point; thence running north 16 degrees 41
minutes 13 seconds east for a distance of 36.86 feet to a point; thence running
north 89 degrees 51 minutes 53 seconds east for a distance of 256.01 feet to
the point of BEGINNING.
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/EMORY CLARK & SIBYL CLARK
Kathy Brooks made a motion the signatures be validated and the public hearing
set for January 6, 1986. Bob Davis seconded the motion which carried 7-0.
(Error in legal description read - refer to Annexaiton files)
December 2, 1985 - Continued
(E) Validate signatures to annex lot in LL 380 & 381, corner of Concord Road
& Lamar Circle.
Attorney Camp read the application for annexation 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 Lot 380 and 381 of
the 17th District, 2nd Section, Cobb County, Georgia, being more particularly
described as follows:
BEGINNING at an iron pin located at the northeast intersection of Concord Road
and Lamar Circle; thence northerly along the eastern right of way of Lamar Circle
and following the curvature thereof the following distances: north 33 degrees
41 minutes 21 seconds west a distance of 137.60 feet; north 18 degrees 36 minutes
08 seconds west an arc distance of 67.74 feet to an iron pin; thence north 56
degrees 21 minutes 44 seconds east a distance of 59.92 feet to an iron pin;
thence south 64 degrees 55 minutes 13 seconds east a distance of 61.68 feet
to an iron pin; thence south 35 degrees 05 minutes 50 seconds east a distance
of 146.97 feet to an iron pin located on the northerly right of way of Concord
Road; thence following the right of way of Concord Road south 55 degrees 01
minutes 28 seconds west a distance of 112.97 feet to an iron pin at the 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 the record title holders of the fee simple title, or
his legal representative, of 600 of the land area above described by acreage:
s/JOHN H. DICKSON
Jim Hawkins made a motion the signature be validated and the public hearing
date set for January 6, 1986. James Williams seconded the motion which carried
7-0.
AWARD OF BIDS: John Patterson said bids had been requested from several companies
for turnout gear for the Fire Department and recommended we award the bid to
the low bidder, Charles L. McLarty for a total of $5,502, with $4,976 to be
paid from the Fire Department operating budget and $526 to be paid from their
capital account. Hugh Ragan made a motion the bid be awarded to Charles L. McLarty,
the low bidder. Jim Hawkins seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Trans -Con Construction Company requested a building permit for new construction
at 3200 Highlands Parkway at a total estimated cost of $3,000,000. Hugh Ragan
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. James Williams seconded the motion which carried 7-0.
(B) R. M. King Construction requested a building permit for tenant finish at
2400 Lake Park Drive at a total estimated cost of $9,600. Bob Davis 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.
(C) Dr. Douglas Smith requested a building permit for tenant finish at 997
Cherokee Road at a total estimated cost of $8,000. Kathy Brooks made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Jim Hawkins seconded the motion which carried 7-0.
(D) Dr. Douglas Smith requested a building permit for tenant finish at 997
Cherokee Road at a total estimated cost of $20,000. Kathy Brooks made a motion
the building permit be approved subject to approval of the City Engineer and
Fire Marshal. Jim Hawkins seconded the motion which carried 7-0.
December 2, 1985 - Continued
(E) Branski
Ice Crem store
Brooks made a
Engineer and
7-0.
Construction requested a building
at Cobb Center Mall at a total estimated
motion the permit be approved subject t
Fire Marhsal. James Williams seconded th
cost of $12,000. Kathy
o approval of the City
e motion which carried
(F) Dr. William Cabot requested a building permit for tenant finish at 3903
South Cobb Drive, Suite 104 at a total estimated cost of $25,000. Jack Shinall
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Joel Harrell seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Approval of minutes of November 4 & 18, 1985.
Jim Hawkins made a motion the consent agenda be approved. Jack Shinall seconded
the motion which carried 7-0.
COUNCIL INPUT:
Jim Hawkins reminded everyone of the Christmas Tree lighting on December 5th.
Also the Parks Department is having Santa is Calling again this year and parents
should contact the Parks Department before December 9th.
Bob Davis said that Spring Road looks good and commended Vic Broyles for a good
job.
Jim Hawkins said that Memorial Place and Church Street would be closed for a
short time on the evening of December 5th for the tree lighting.
With no further business, meeting adjourned at 9:28 p.m.
The Council meeting of December 2, 1985 was reconvened at 9:35 p.m. to correct
the awarding of the bid for the turnout gear for the Fire Department. A motion
and second was made and carried to withdraw the bid award made earlier in this
meeting. Hugh Ragan said Charles L. McLarty was the low bidder for coats and
pants for $4,228 and that Harolds Sales and Service was the low bidder for boots
in the amount of $1,274, and made a motion the low bidders be awarded the bid.
Jim Hawkins seconded the motion which carried 7-0.
Meeting adjourned at 9:38 p.m.
************************
December 16, 1985
The regular scheduled meeting of Mayor and Council was held December 16, 1985
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor Max Bacon. All council members were present. Also present
was City Clerk Willouise Spivey, City Attorney Charles E. Camp, City Administrator
John Patterson, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams,
Public Works Director Vic Broyles and representatives of the press.
Invocation was given by York Chambliss, pastor of Trinity Baptist Church, followed
by the pledge to the flag.
DEPARTMENT REPORTS:
(A) John Patterson said that 42% of the budget year has passed .and 577- of the
anticipated revenues from General Fund have been collected, with 39% expended.
In the utility fund 46% of revenues have been collected and 37% spent. The Revenue
Sharing fund has collected 49% of revenues and spent 10%. Overall, the City
is in good financial shape to date.
(B) Fire Chief Larry Williams stated that November was not a busy month for
them with only 46 total calls received. Of those, 4 were for structural fires
at a dollar value loss of $525. Mutual aid assistance was provided to calls
in the county and 1,261 hours was spent on training during the month. Chief
Williams said he has received good cooperation from the citizens by obtaining