February 6, 1984 Council Meeting
February 6, 1984
The regular scheduled meet~ng o~ Mayor and Council was held pursuant to the Charter
on February 6, 1984 at Smyrna City Hall. The meeting was called to order at 7: 30
o'clock p.m. by presiding o~~icer Mayor Arthur T. Bacon. All Council members were
present. Also present was C~ty Attorney Charles E. Camp, City Clerk Willouise Spivey,
Police Chie~ R. E. Little, Acting Fire Chie~ Hubert Cochran, Assistant Public Works
Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant City
Clerk Mel~nda Hiatt, Building Inspector Larry Dunn, Civil De~ense Director Jim Far-
ley, Librarian Doris Morris and representatives o~ the press.
Invocation was given by J~m Hawkins, ~ollowed by the pledge to the ~lag.
Citizens Reports: B. C. Castellaw represented the Smyrna Lions Club and expressed
their appreciation to the City ~or the most successful ~und raising campaign they
have ever had, selling the Game of Smyrna. Mr. Castellaw said the Lions Club raised
over $8,000 on this project and presented a framed picture of the Game o~ Smyrna
to hang in City Hall.
Mayor Bacon said the National League o~ Cities would be held March 3-6
of our council members will be attending. Jim Tolleson made a motion the
suspended to make a motion. Max Bacon seconded the motion which carried
Tolleson made a motion the first meeting in March be changed from March 5th
12th. Jack Shinall seconded the motion which carried 7-0.
and some
rules be
7-0. Jim
to March
Reginald Wanza requested a residential business lic-
ense Tolleson said Mr. Wanza had been successful in ob-
taining all the names required on his petition and asked again what type business
he would be conducting. Mr. Wanza said he would be using one room of the house as
a studio ~or his art work and he understood there could not be any additional tra~~ic
at his home or any signs posted outside. There was no opposition, and Jim Tolleson
made a motion the permit be approved. James Williams seconded the motion which car-
ried 7-0.
Var Television Entertainment Network requested a variance on the height of
a t or cable television installation at Sundance Apartments. Attorney Bob Morgan
represented the applicant, CliffoI'd Goldberg. Mr. Morgan said their antenna was
35 feet, but they wanted to place it on top of one o~ the buildings, which would
add another 18 to 20 feet in height.
Jim Tolleson said one question that was raised at the last meeting was the possi-
b~lity this may be an infringement on our franchise with Smyrna Cable TV. Mr. Camp
said he did not think it would be because they are not using the City right o~ ways.
However, i~ they go outside the boundaries of this property they would be in viola-
tion.
Jim Tolleson asked
have one, but Mr.
them in.
their city business
has not been able
and
the
Mr. Camp said they
proper category to
would
place
about
Golden
license
to find
Shinall said this property was owned by Johnstown Propert~es and asked if they
have been the ones to apply for the variance. Mr. Camp said that tech-
variance should be at the request of the property owner to avoid any
roblems. Jim Tolleson asked about the existing 100 foot tower on the prop-
Goldberg said they had discussed with the owners the possibility of taking
it down but there is still a question o~ ownership and he could not promise that
he would be able to remove it. However, if the owners felt they had clear title
and wanted it removed. then his company would do it.
There was some discussion about the service they offered, and Jack Shinall stated
he ~elt this was in direct competition with the revenue producing franchise of the
City and felt we should have something from Johnstown Properties requesting the
variance.
A~ter ~urther discussion, Jim Tolleson made a motion a 20 foot variance be approved
present 100 ~oot tower removed. Jim Hawkins seconded the motion with an
that it be approved subject to a letter from Johnstown Properties saying
e in agreement with the variance. Jim Tolleson seconded the amendment. After
ion, the motion and amendment were withdrawn.
Jim
100
Tolleson then made a motion the
foot tower being removed and a
20 foot variance be apPI'oved. subj ect
letter from Johnstown Properties giving
to the
their
permissiOn. Jim Hawkins seconded the motion which failed by a 2-5 vote. Voting for
the motion was Jim Tolleson and Jim Hawkins. Opposed was Hugh Ragan, Kathy Brooks,
Jack Shinall, James Williams and Max Bacon.
Billy Howard requested a variance on the front and side yard setbacks
for a service and body shop at 2465 Ventura Place. Shirley Davis was in
and was sworn in with Mr. Howard by Attorney Camp. Mr. Howard presented
plans the proposed 50 x 75 foot build.ing and said he had a letter ~rom Reeves
Garden granting the variance on the right side, to build 5 feet from
their property. The variance on the front was for approximately 13 feet which would
put the new building in line with Reeves Garden Shop and offer better visibility.
OriginallY he needed a variance on both sides but they have re-arranged the building
on the so the only variance needed is adj oining ]VIr. Reeves property. The Fire
Marsha:L inspected the plans and said the distance between the two buildings
would be adequate. Mr. Howard said orig:inally, he would have required a variance
from Ms. Davis, but since changing their plans, this variance is not required. Also,
he has ordered 40 red tip photinias to be planted around the back side of the pro-
perty.
Someone from the audience questioned the parking and asked if he would be parking
on the street. Mr. Howard said he would have adequate parking on his lot but could
ndt guapantee that he would not occasionally have a wrecker parked on the street.
However, this is a 100 foot street and he was not the only one guilty of parking
on the street. Mr. Camp said before the building permit could be issued, a parking
plan must be submitted, and he would need 25 paved and marked parking spaces for
the size o~ the building.
Ms. Davis said she did not Object to the building as long as he had adequate parking
and not near her property line.
After further discussion, Kathy Brooks made a motion the two variances be approved.
Jack Shinall seconded the motion which carried 7-0.
Variance: Richard Denny represented Post Properties in their request for a reduction
in number of' parking spaces for their new development, The Gardens of Post Village.
Mr. Denny said our ordinance requires 2 spaces per unit and they ed a reduc-
tion to 1. 7 spaces per unit which would be adequate due to "the of 1 bedroom
units. This will not interfere with emergency vehicles because adequate lanes are
provided.
Jim
motion
made a motion the variance be approved. James Williams seconded the
carried 7-0.
Commepcial building permits were presented by Inspec-
recoIIlmsndation the following approved:
'~
requested a building permit for construction of a new office
Park Drive at a total estimated cost of $:L,921,500. Jim Tol-
the permit beapP:L'oved subject to approval of the C~ty Engineer
Max Bacon seconded the motion which carried 7-0.
(2)
Road
at
of Georgia
estimated cost
to approval of
which carried
reqj.lested a permit for
of $30,000. Max Bacon made
the City Engineer and Fire
7-0.
2890 Atlanta
a the permit be
Marshal. Jim Tolleson
(3)
o~fice
made
Fire
reqj.lested a
Ventura Place
psrmit be
Bacon seconded
~or construction of
estimated cost of $94,000
to approval of the City
which carried 7-0.
shop and
Brooks
Engineer and
Bids for a heavy duty trailer for Parks and Recreation were opened,
as follows:
)
Tractor 1 to lO day delivery
on bid received - $1,295
County Tractor Company - $1,075
Jack
all
a motion the low bid be accepted, provided the equipment meets
Jim Hawkins seconded the motion which carried 7-0.
Attorney Camp read an application for annexation to the
We the undersigned, who constitute sixty percent (60%) o~ 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 o~ Smyrna
under the provisions o~ the Code o~ 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 o~ land
the 17th District, 2nd Section,
cribed as follows:
lying and being in Land Lots 457, 480 and 481 of
Cobb County, Georgia, being more particularly des-
BEGINNING at an iron pin located at the southeast corner of Land Lot 457 and running
thence along the south line of Land Lot 457 North 87 degrees 50 minutes 44 seconds
west, a distance of 487.47 feet to a point located on the northeasterly right of
way line of Gann Road (50 foot right o~ way); run thence northwesterly, northerly
and northeasterly along the meandering northeasterly, easterly and southeasterly
right of way line of Gann Road the following courses and distances: North 55 degrees
35 minutes 00 seconds west 92.65 feet to an iron pin; north 53 degrees 14 minutes
29 seconds west 60. 26 ~eet to an iron pin; north 36 degrees 40 minutes 41 seconds
west 105.03 ~eet to an iron pin; north 26 degrees 42 minutes 32 seconds west 60.88
~eet to an iron pin; north 14 degrees 14 minutes 44 seconds west 85.11 feet to an
iron pin; north 14 degrees 31 minutes 58 seconds west 59.28 feet to an iron pin;
north 34 degrees 24 minutes 23 seconds west 54.55 feet to an iron pin; north 52
degrees 48 minutes 35 seconds west 131.48 feet to an iron pin; north 40 degrees
04 minutes 21 seconds west 67. 38 ~eet to an iron pin; north 27 degrees 24 minutes
01 seconds west 211.05 ~eet to an iron pin; north 25 degrees 05 minutes 59 seconds
west 125.42 feet to an iron pin; north 21 degrees 18 minutes 36 seconds west 125.36
feet to an iron pin; north 08 degrees 29 minutes 28 seconds west 89.54 feet to an
iron pin; north 12 degrees 17 minutes 10 seconds east 67.13 ~eet to an iron pin;
north 21 degrees 32 minutes 35 seconds east 97.33 feet to an iron pin; north 28
degrees 06 minutes 05 seconds east 82.91 feet to an iron pin; north 30 degrees 34
minutes 10 seconds east 60.77 feet to an iron pin located on the north line of Land
Lot 457; thence leaving the southeasterly right o~ way line o~ Gann Road and running
along the north line o~ Land Lot 457 south 88 degrees 25 minutes 22 seconds east
210.62 feet to an iron pin; continuing thence along the north line of Land Lot 457
south 88 degrees 25 minutes 32 seconds east, a distance of 808.60 feet to an iron
pin located at the common corner of Land Lots 456, 457, 480 and 481, said District,
Section and County; running thence along the west line of Land Lot 481 north 01
degrees 22 minutes 08 seconds east 1,302.24 feet to an iron pin located at the common
corner o~ Land Lots 481, 482, 455 and 456, said Di<strict, Section and County; run
thence along the north line of Land Lot 481 north 89 degrees 54 minutes 38 seconds
east a distance of 630.50 feet to an iron pin; thence south 01 degrees 12 minutes
22 seconds east 50. 09 ~eet to an iron pin; thence north 89 degrees 48 minutes 42
seconds west 185.0 feet to an iron pin; thence south 02 degrees 32 mi.nutes 52 seconds
east 651.39 feet to an iron pin; thence north 48 degrees 05 minutes 34 seconds east
757.62 feet to an iron pin located on the southwesterly right o~ way line of South
Cobb Drive (200 foot right of way); run thence south 39 degrees 30 minutes 32 seconds
east along said southwesterly right of way line of South Cobb Drive, a distance
of 359.1 feet to an iron pin; thence leaving said southwesterly right of way line
o~ South Cobb Drive and run thence south 50 degrees 36 minutes 32 seconds west 80.28
feet to an iron pin; thence south 39 degrees 28 minutes 05 seconds east 42.05 feet
to an iron pin; thence south 50 degrees 31 minutes 42 seconds west 297.94 feet to
an iron pin; thence south 42 degrees 01 minutes 07 seconds west 88.97 feet to an
iron pin; thence south 28 degrees 47 minutes 09 seconds west 82.44 feet to an iron
pin; thence south 38 degrees 59 minutes 36 seconds east 315.7 feet to an iron pin;
thence north 50 degrees 48 minutes 43 seconds east 212.10 feet to an iron pin located
on the line dividing Land Lots 481 and 528 of said District, Section and County;
running thence along the line dividing Land Lots 481 and 528 south 03 degrees 49
minutes 14 seconds west 311.69 feet to an axel found at the common corner of Land
Lots 480, 481, 528 and 529 said District, Section and County; thence along the line
dividing Land Lots 480 and 529 south 01 degrees 35 minutes 26 seconds east 319.22
feet to an iron pin; thence south 75 degrees 25 minutes 16 seconds west 1,315.74
feet to an iron pin located on the east line of Land Lot 457; thence along the east
line of' Land Lot 457 south 01 degrees 11 minutes 33 seconds east 637.56 feet to
the POINT OF BEGINNING, being depicted as 69.495 acres on survey for Georgia Assoc
iated Services, Inc., dated July 8, 1983, prepared by Louis S. Matthews, Jr., Reg-
istered Land Surveyor. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS,
AND THEREBY MAKE SAID ApPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Wi.tness
the signature o~ the record title holders o~ the fee simple title, or his legal
representative, of 60% of the land area above described by acreage: s/CHARLES J.
JONES
February 6, 1984 - Continued
Hugh Ragan said this had been a very controversial piece of property but it has
been zoned by the County and there will not be any requests for change of zoning.
Hugh Ragan made a motion the signature be validated and the public hearing set for
March 12, 1984. Jim Hawkins seconded the motion. Max Bacon said there had also been
some d:iscussion concern:ing the sewer line on this property but we should have a
report soon on the condition of that line to be sure it will handle the develop-
ment. Vote on the motion carried 7-0.
Jim Hawkins made a motion a Savin 780 copier be declared surplus
from the e Department which will actually be used as a trade in on a new copier.
James Williams seconded the motion which carried 7-0.
Max Bacon made a motion that two vehicles from the Sanitation Department be sur-
plused, #27 a 1974 Ford F700 and #15, a 1972 Chevrolet pickup. Max said there were
also some garbage containers to surplus, but we do not know how many and would hold
off until the next meeting. Jack ShinalJ_ seconded the motion to surplus the two
vehicles which carried 7-0. Max said we would be having another auct:ion when the
weather was warmer and these vehicles would be sold at auction.
we
lines
Max Bacon said the engineering department had J:>equested that
to upgrade materials to be used for water mains and service
and J:>ead the proposed ordinance as follows:
Section 6-82:
Type of material to be installed fOJ:> water mains and service lines.
1.
PVC 200
wateJ:> mains shall be dedutile iron pipe, Class 51. 2;\-" shall be
type K copper tubing (flare type) for townhouses, duplexes,
or residences consisting of 1200 square feet or less, two (2) bathrooms or less.
This will serve two (2) units.
2.
Other townhouses, duplexes, or
be required to install 3/4"
or residence.
res:idences with more
type K copper tubing
than 1200 square
(flare type) ~or
feet
each
shall
unit
The owner of the property shall be held responsible to locate the water service
lines when water meters are to be :installed by the City.
Upon completion of
to be read monthly
boxes.
construction, meter boxes, and
by meter J:>eaders. Meters shall
meters
be no
shall
deeper
be visible
than depth
in
of
order
meter
Main water line and hydrant valve boxes shall be located over all valves and visible
upon completion of construction.
Non compliance of above could result in a $50.00 penalty, plus a delay in issuance
of Certi~icates of Occupancy.
Max sa:id we have had problems in the past with plastic pipes for service lines which
cannot thawed when they freeze. Also, they cannot be located with a metal detec-
tor. with new construct:ion, some meter boxes have been buried 3 to 5 f'eet in
the ground after landscaping. Max Bacon made a motion the ordinance amendment be
approved. Jim Tolleson seconded the motion wh:ich carried 7-0.
system
also a bonded
these were all
Jack Shinall made a motion that bids be requested for a new ~ilter
Street Pool, a thermal/solar blanket for King Springs Pool and
w:ind screen for King Springs Pool to be opened March 12th. Jack said
budgeted items. Max Bacon seconded the mot:ion which carried 7-0.
Public Works,
Jim said
e Grants.
equ:ipment
made a motion bids be requested for a new backhoe for
a J-ohn Deere 310B, to be opened at the February 20th
th:is was not a budgeted item, but it could probably be paid out
The backhoe they are using needs extensive repairs and they need
before warm weather. James Williams seconded the motion which carried
Jim HaWkins made a motion that bids be requested for 4 new police Cars to be opened
at the March 12th meeting. Max Bacon seconded the motion which carried 7-0.
Jim Tolleson made a motion the City Attorney be authorized to take legal action
against the curbing machine company for cost plus damages. Jim Hawkins seconded
the motion. Mr. Camp said he would like the authority to employ, on behalf of the
City, an expert witness to look at the machine and report back to him before
proceeding. Jim Tolleson amended his motion to also allow Mr. Camp to employ an
expert witness. Jim Hawkins seconded the amendment. Vote on the amendment and main
motion carried 7-0.
Spivey read the priority list for
Grant funds as follows:
1) Powder Springs sidewalk on north side from Atlanta Road to Wills High School
2} Stephens Street Sewer line
3) Powder Springs Culvert replacement (between Birch Street and South Cobb Drive)
4) Spring Street curb, gutter and drainage
5) Smyrna Hills/Sherwood Road sewer line
6) Roswell Street sidewalk and gutter
James Williams made a motion the list be approved for re-allocation of funds. <Tim
Hawkins seconded the motion which carried 7-0.
Jack Shinall made a motion the minutes of January 3, 1984
submitted. Hugh Ragan seconded the motion which carried 7-0.
Max Bacon made a motion the minutes of January 23, 1984 be approved as submitted.
James Williams seconded the motion which carried 7-0.
Hugh Ragan reminded everyone that the City does have a leash
had quite a few calls lately.
(Library)
Doris Morris reported on library activities.
(Parks) In reference to the earlier approval to request bids for the new ~il ter
system for Church Street Pool, a thermal/solar blanket and bonded wind screen for
King Springs POOl, Sherry Reavis stated the bids should be received no later than
the February 20th meeting to allow enough time to make these repairs before they
open for the season.
Jack Shinall made a motion the rules be suspended. Jim Hawk~ns seconded the motion
which carried 7-0.
Jack Shinall then made a motion the bids for these three items be returned for the
February 20th meeting. Jim Hawkins seconded the motion which carried 7-0.
Jack Shinall said he had been getting a lot of calls about trash on
the roads. Jack said we do not have the manpower to keep it cleaned
for Chief Little's cooperation in enforcing our litter ordinance.
the sides of
up and asked
(Water) Max Bacon said the next water bills will reflect the rate increases. The
Cobb-Marietta Water Authority raised the water rates, and Cobb County increased
sewer rates. Max said we have no control over that, and we have to pass the increases
on to our customers. There will also be an increase in sanitation service. Max said
we have ordered a new garbage truck and when it is in service, they can pick up
all trash as well as garbage on their regular twice a week routes.
(streets) Jim
it is a result
could be made.
Tolleson said the City was aware that
of the bad weather. Jim asked everyone
the
to
roads are
be patient
crumbling but
until repairs
Mayor Bacon reminded everyone o~ the meeting February 7th with Welker & Associates
to get a report on the Sewer System Evaluation StUdy.
Mayor Bacon asked Sherry Reavis to check and see how many of the plants along Atlanta
Road had been killed so that we could see about replacing them.
Mayor Bacon asked Hugh Ragan to check into the workload in the Inspections Department
now that Spring is approaching to see if we may need additional help.
February 6, 1984 - Continued
Mayor Bacon said that Saturday he was at Belmont Hills Shopping Center and observed
numerous cars parked in the fire lanes. The Police Deparatment told him that they
have a lot of tickets unpaid and do not have the manpower to followup on them. Mayor
Bacon said he felt we should put one of our policemen on overtime to issue citations
on these past due parking tickets. Chief Little said it was his intention to hire
an additional man as a contempt officer to work these and contempt of 'court cases
also.
Q
With no further business, meeting adjourned at 8:50 p.m.
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