12-15-1986 Regular MeetingDecember 8. 1986 - continued
the proposed Architectural Review Committee. Jack said they have run into
several problems in establishing the committee because we do not have
definitive architectural zones.
Jack Shinall also said the Just Say No Program is excellent and it is carried
out through all the middle schools.
Kathy Brooks invited everyone to drop by Centennial Park to see some of the
new cards that have been delivered from the area schools.
Hugh Ragan said the first Tour of Homes was yesterday and was very successful.
Additional tickets were printed and they were all sold and proceeds are for a
very good cause.
Max Bacon said council just returned from the National Congress of Cities
meeting in San Antonio and drug abuse was the single biggest issue discussed
there. Max said he hoped that we could implement some type of drug program
within the City. Max said he thought it was very important to educate our
young people about drug abuse.
With no further business, meeting adjourned at 9:00 p.m.
December 15, 1986
The regular scheduled meeting of Mayor and Council was held December 15, 1986
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present. Also
present was City Administrator John Patterson, City Attorney Charles E. Camp,
Assistant City Clerk Melinda Dameron and representatives of the press.
Invocation was given by David Roberts, Associate Pastor of Welcome All Baptist
Church, followed by the pledge to the flag.
CITIZENS INPUT:
Nothing to report.
Hugh Ragan presented a crystal jonquil to Martha Akin for serving on the
Smyrna Housing Authority for 5 years and expressed his appreciation for the
fine job.
Jim Hawkins stated he also had a presentation for Jack Strickland, outgoing
member of the Planning and Zoning Board but Mr. Strickland had not yet arrived
and would delay the presentation to later in the meeting.
DEPARTMENT REPORTS:
John Patterson made a report from the Fire Department for Chief Williams and
stated the reward is now up to $16,000 for information leading to arrest and
conviction in the arson fires November 20-21. Reports were also given from the
Emergeny Management and Community Development departments.
PUBLIC HEARINGS:
(A) Rezoning request at 1502 Whitfield Street from R-15 to Residential
Townhouse District.
John Patterson said that Bill Davis with Northwest Corridor Properties is
requesting that this 2.035 acre parcel be rezoned to RTD for development of 14
townhouses in duplex fashion. Jerry Mills stated that since the last meeting
there were several questions that had come up that were still unanswered and
made a motion this rezoning be tabled again to the next meeting. Jim Hawkins
seconded the motion which carried 7-0.
(B) Rezoning request at 2106, 2090, 2070, 2080 and 2060 Oak Drive - 5211 and
5221 Oakdale Road from Residential to General Commercial.
John Patterson said these homes were annexed into the City recently and the
owners hoped to unify themselves and present a planned development for sale
of their property to a good developer. The Planning and Zoning Board
recommended the zoning be approved and there was no opposition from the
audience.
I
December 15. 1986 - continued
Hugh Ragan said he was sorry that B. M. Chester could not be here tonight to
represent the homeowners but since there was no opposition, made a motion the
property be rezoned to General Commercial with the provision that the existing
structures will not be used for commercial purposes and the lots will not be
used for commercial purposes until such time as they are combined to meet the
minimum General Commercial standards of our zoning ordinance. Joel Harrell
seconded the motion which carried 7-0.
(C) Variance request - front yard setback requirement at 3890 West Cooper
Lake Drive.
John Patterson said that Buell Johns is requesting a variance on the required
front yard width at 3890 West Cooper Lake Drive from the required 100 feet to
90 feet. The variance is necessary because the topography of the lot would not
provide sufficient slope for the sanitary sewer easement at the 100 foot
setback and moving the house forward reduced the lot width due to the
curvature of the road.
There was no opposition from the audience. Mr. Johns said the house is
completed now and the surveyor discovered the encroachment when they were
preparing for closing on the property. Mr. Johns said he was under the
impression that he was only required to comply with the side building lines
and did not realize there was a restriction on the front building line. Hugh
Ragan said council had expressed some concerns about the soil compaction on
this lot and Mr. Johns said this house is on a good solid foundation; in fact
the house has a basement which they had to dig out. The two adjacent lots
could not be developed without a compaction test.
Hugh Ragan made a motion the variance be approved subject to a $150.00 fine
for the encroachment. Kathy Brooks seconded the motion which carried 7-0.
(D) Rezoning request at 1540 Whitfield Street from R-15 to RD.
Jerry Mills made a motion the rezoning be tabled to the next meeting. Joel
Harrell seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Amendment to Home Occupation ordinance.
John Patterson said that last month the moratorium on home occupation licenses
was extended to give council additional time to study amendments to the code
to provide stricter enforcement.
Jack Shinall said the ordinance amendment is not complete but made a motion
the moratorium be lifted with the stipulations that no home occupation license
be granted until the adoption of the new ordinance which will be presented the
second meeting in January. Further, any new application will be subject to any
new fees set. We will, after the new fees are set and after the ordinance is
adopted, allow them to withdraw their application if they feel it is
necessary. Kathy Brooks seconded the motion. Jack said that applications will
be accepted prior to adoption of the ordinance but they will not be acted on.
Vote on the motion carried 7-0.
(B) Appointment to Planning and Zoning Board - Ward 4.
Jim Hawkins made a motion that Tommy Cheatham of 1040 Manor Drive be appointed
to the Planning and Zoning Board for a two year term, replacing Jack
Strickland. Jerry Mills seconded the motion which carried 7-0.
(C) Validation of signatures to annex 2.5 acres at 725 Cooper Lake Road.
Attorney Camp read an application for annexation into the City by James A.
Walston 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, Paes 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 389 of the 17th
December 15, 1986 - continued
°%
District, 2nd Section, Cobb County, Lots 13, 14, Block 2, Coopers Lake and
tract to rear (as per plat prepared by Eston Pensley, Registered Surveyor for
James Albert Walston dated April 13,1973.
Begin at the southeast corner of Land Lot 389 and proceed west along south
line of Land Lot 389 a distance of 78 feet to an iron pin located on the
northeastern side of the Old Southern Railroad right of way; proceed thence
northwesterly along said northeastern side of said Old right of way a distance
of 185 feet, crossing Cooper Lake Road to an iron pin; running thence
northwesterly along same Old right of way a distance of 197 feet to an iron
pin; running thence northeasterly along Old Dam Site a distance of 225 feet to
an iron pin; running thence northwesterly a distance of 160 feet to an iron
pin; running thence in a northeasterly direction a distance of 151 feet to an
iron pin; running thence southeasterly a distance of 73 feet to an iron pin
located on the southern right of way line of Osman Drive, running thence
southeasterly along same line a distance of 97 feet to an iron pin; running
thence southeasterly along same line a distance of 75.5 feet; crossing Cooper
Lake Road to a point marked with a nail cap in said road located a distance of
2.4 feet from the east edge of pavement; running thence in a southerly
direction along Land Lot 389 a distance of 390 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.
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/JAMES A. WALSTON
Hugh Ragan made a motion the signature be validated and the public hearing
date set for January 5, 1987. Kathy Brooks seconded the motion which carried 7-
0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval of lease and agreement with Cobb County Board of Education (Rose
Garden Park).
(B) Approval of agreement with Cobb County Board of Education (Wills High
School Driver Education Facility).
(C) Approval of November minutes
(D) Legal counsel affiliation
(E) Purchase 305 tons crusher run from Council Contingency
John Patterson said the November minutes were not completed and should be
removed from the Consent Agenda. Hugh Ragan made a motion the Consent Agenda
be approved with the exception of item (C). Kathy Brooks seconded the motion
which carried 7-0.
COUNCIL INPUT: Jack Shinall said he has received quite a few complaints about
the sanitation department recently and said they are trying to locate where
the problems lie and will get them straightened out as soon as possible.
Jerry Mills asked Jim Belk for an update on the sewer rehabilitation. Jim Belk
said the recent rain has caused a considerable delay in their progress but
they hoped to get their problem areas under control before Christmas. The
entire project is approximately 55% complete but they have used 70% of their
schedule for completion.
The Mayor and Council wished everyone a safe and happy holiday season. With no
further business, meeting adjourned at 8:11 p.m.
�Y>YsY�c3c�Y�C*4c��C�C�c*�C*�C�C*�Y
December 15, 1986 - continued
A. MAX BACON, MAYOR WILLOUISE C. SPIVEY, CITY CLERK
BOB DAVIS, WARb 1
J Y M LS, WARD 3
JACK SHINALL, WARD 5
-�4
L ELL, WARD 2
JAMES M. HAWKINS, WARD 4
KATHY BR00 W 6
CITY CLERK
I, Melinda Dameron , do solemnly swear that I will
well and truly demean myself as City Clerk of the City of Smyrna
for the ensuing term, and that I will faithfully enforce the
Charter and ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as CITY CLERK act
as I believe for the best interest of the said City. So help
me God.
ZVI
M in a ameron, City Clerk (Seal)
Subscribed and sworn to before
me this 5th day of January, 1987.