February 20, 1984 Council Meeting
The regular scheduled meeting of Mayor and Council was held February 20, 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. Also present was
City Attorney Charles B. Camp, City Clerk Willouise Spivey, Police Chief R. E.
Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broy-
les, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda
Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian
Doris Morris, and representatives of the press.
Invocation was given by Max Bacon, followed by the pledge to the flag.
Citizens Reports: Walt Hendry appealed to Mayor and Council for their assistance
in allowing him to tie onto the sewer line for his new home in Hickory Mill Sub-
division. Mr. Camp had written Mr. Hendry a letter on February 3rd stating that
the City may not use its power to condemn solely to benefit one individual to the
detriment of another property owner. Mr. Hendry presented letters from Bob Sutton
giving Cobb County's policy for tying onto sewer lines and also stated that sewage
was available to this subdivision. Mr. Hendry said in view of the new evidence
he felt the City should reconsider his request. After further discussion, Jack
Shinall said we would make this an agenda item at the next meeting and give Mr.
Camp additional time for research.
Mayor Bacon said this was a public hearing to consider the annexation
Rose Garden Hills Subdivision in Land Lots 665, 664, 705 & 704, the legal desc-
ription having been read and made a part of the January 16, 1984 meeting. Mr. Paul
White from the audience stated he was opposed for many reasons, based on what he
had read in the newspapers. Mr. White said he objected to his tax money being used
to make driveway repairs, install new street lights, etc., in this subdivision.
Mr. White also questioned the value of dollars the City would spend in comparison
with what we would receive. Mayor Bacon said city officials have met with the resi-
dents in this area, and they realize improvements will take time, and wilJ_ not
be made overnight. Jim Tolleson said we had estimated it; would cost $180,000 for
garbage cans, street lights, curbing, etc. but there is a good possibility that
we will obtain a Federal grant.
After further discussion,
to become a part of Ward 3.
James Williams made a motion the property be annexed,
Jim Hawkins seconded the motion which carried 7-0.
Jack Shinall said we had received a request that the zoning
be amended as follows:
1506(b) Applications
Commission of the City
the approval of the Commission,
to the date of hearing thereon.
for review or
of Smyrna may
for due cause,
recommendation by the Planning and
be continued or withdrawn only with
not later than 3 business days prior
All applications
than 7 calendar
Board.
Zoning Office
the Planning
not
and
later
Zoning
for
days
rezoning
prior to
must
the
be submitted to the
scheduled meeting of
Jack Shinall made a motion the amendment be approved. Max Bacon seconded the motion
which carried 7-0.
Michael Steven Jacobs request:;ed a beer and wine pouring license
South Cobb Drive. There were several in oppoal tion, and ]VIr.
Jacobs was sworn in with Billy Raburn of Sharon Baptist Church representing the
oppo
Mr. said the beer and wine would be a convenience item for their customers
and would probably be no more than 2% of their sale_s. He- also understood that all
his employees would have to be 19 years of age. Max Bacon questioned the drive-
in window and Mr. Jacobs said the beer and wine sales would be inside the restaurant
only, and it was their policy not to sell through the window. They presently have
a restaurant on Roswell Road and one on Sandy Plains Road and they have had no
in selling beer and wine. Max Bacon said that Section 3-64 of the Code
minors from being in a licensed location unless accompanied by a parent
, and Mr. Jacobs said he was not aware of' the ordinance.
Billy Raburn said he felt this establishment solicits business :from minors and
did no :feel it would be to their benefit to make beer and wine available. He re-
que the license be denied because of the harm it would do to our community.
February 20, 1984 - Continued
Kathy Brooks said she also felt the beer and wine would hurt, rather than help
their business, and made a motion the license be denied. Jim Hawkins seconded the
motion which carried 7-0.
Residential Business License: Al Burley requested a residential license for his
business, Total Protection System, at 3330 Atlanta Street, Apt. J-12. There was
no opposition and Mr. Burley had a letter from the resident manager of the apart-
ments stating she had no obj ections. Mr. Burley said he would be using his home
to put bids together and make telephone calls. He understood the home occupation
ordinance and agreed to abide by it. Mr. Burley said he polishes cars, applies
protective coatings and flame retardants but he would not have any paint or chem-
icals stored at his home.
Max Bacon made a motion the license be approved. Jim Tolleson seconded the motion
which carried 7-0.
Variance: Glen Robinson requested a variance on rear yard setback from 50 feet
to 30 feet for an addition to his business, R-Value at 3255 S. Atlanta Street.
Mr. Robinson said when the building was originally constructed 6 years ago his
plans indicated a future extension of the building. At that time, the setback re-
C1tuirement was 30 feet. Since that time, the adjoining property was rezoned for
townhomes and when he applied for a building permit, was told by Mr. Golden that
a 50 foot setback was now required since his property adjoins residential rather
than commercial zoning. Mr. Robinson said the owner of this property had refused
to give his approval for the variance.
Mr. Camp said the variance could be approved without a letter from
property owner and this is a classic case of what variances were made
of zoning changes in adjacent properties.
the adj oining
for, because
Mr. Robinson said R-Value is an
into an insecticide line, but
the building.
insulation supply company and they have now expanded
there are no chemicals at all being dispersed from
Mr. Chuck Wood said he was the developer of the project adjacent to Mr. Robinson's.
They will build 49 fee simple units and have a considerable investment in the prop-
erty for a high quality development. Mr. Wood said he felt the addition to the
building would have a detrimental impact on 6 of his units.
Mr.
to this
could be
spoke and said he had a contract on one of these units
being so close to the property line. He also felt
changed to allow the same amount of space without the variance.
and objected
their plans
Max
if
be
O.
Bacon said he would like to see
what he said is true, a variance
.tabled to the next meeting. Jack
Mr. Robinson's original building plans and
may not be required. Max made a motion this
Shinall seconded the motion which carried 7-
Commercial building permits were presented by Inspec-
tor Larry Dunn, and upon hj..s recol)"l))1endation, the following approved:
(1) Waffle House requested
at a total estimated cost of
subject to approval of the
the motiOn which carried 7-0.
a permit for new construction at 5240 South Cobb Drive
$70,000. Max Bacon made a motion the permit be approved
City Engineer and Fire Marshal. Hugh Ragan seconded
Surplus Equipment: Jim Tolleson
be declared surplus and used as
the motion which carried 7-0.
made a motion the 1975
a trade in for the new
backhoe from Public Works
one. Max Bacon seconded
Jim Hawkins
be declared
carried 7-0.
made a
SUI'plus
motion
and put
a 1965
out for bids.
ID 5A62X235785
James Will.iams
from the
seconded
Fire Department
the motion which
Bids for a new John Deere 310B backhoe were opened, read and recorded
as
Forest Services, Inc.
Backhoe
Less Trade in
&. Bucket
$41,189.00
18,014.00
1,251.00
$24,426.00 Total
Columbus Tractor
Backhoe
Less Trade in
Pads & Bucket
$32,416.12
8,800.00
1,057.23
$24,673.25 Total
Metropolitan Tractor
Backhoe
Less Trade in
Bucket & Pads
$28,235.00
9,000.00
1,000.00
$20,235.00 Total
Jim Tolleson made a motion the bids be turned
to accept or rej ect any or all bids. Hugh Ragan
cussion, the motion and second were withdrawn.
Jim Tolleson then made a motion
and return to full council for
the motion which carried 7-0.
the bids
action at
over to committee with authority
seconded the motion. After dis-
be turned
the next
over to
meeting.
commi ttee for review
Hugh Ragan seconded
Bids for the renovation of the filter system for Church Street
blanket and wind screen for King Springs Pool were opened,
follows:
Georgia Tent
No bid
pool,
read
a solar/thermal
and recorded as
$13,180
4,975
No bid
$12,550
4,750
9,817 (top)
6,560 (sides)
$14,486
6,700
No bid
Sherry Reavis said she would like the bid for the solar blanket and wind screen
awarded tonight, to have the pool ready for opening this Spring. The solar blanket
is budgeted in grounds maintenance, the filter system budgeted in pool repairs
and the wind screen approved from Revenue Sharing. Jack Shinall made a motion the
solar blanket and wind screen be awarded to Lewis & Wiley, the low bidder and the
bid on the filter system be turned over to committee with their recommendation
back to full council at the next meeting. Max Bacon seconded the motion which car-
ried 7-0.
additional
meeting in
equipment for
March. James
the Fire
Williams
Southern Gunite
Filter system
Solar Blanket
Wind Screen
Jim Tolleson said there was a serious drainage problem on Village Parkway, under-
mining some of the trees and shrubs just off the right of' way. Jim Tolleson made
a motion that $1,515 be approved from E&C Fund to install 200 f'eet of 18" drain
pipe on Village Parkway. James Williams seconded the motion which carried 7-0.
Committee Reports: Jim Tolleson said he was hoping the weather would improve soon
so that street repairs can be made.
Jack Shinall said that
system should also be
to Lewis & Wiley, the
7-0.
Max Bacon said he
to sell tickets at
Max said they would
and times.
had received a request from the
roadblocks to raise money for the
coordinate their plans with the
Shriners asking for approval
crippled children's hospital.
police department on the days
JameS Williams welcomed the residents of' Rose Garden Hills into the City.
Water-Tech
No bid
Lewis & Wiley
Filter System
Solar Blanket
Wind Screen
Wind Screen
Irwin & Mahaffey
Filter System
Solar Blanket
Wind Screen
Jim Hawkins made a motion bids be requested for
Department ladder truck, to be opened the last
seconded the motion which carried 7-0.
Jim Hawkins also said he appreciated the action they had taken by coming into the
City and we are willing to help and serve them in any way possible.
after talking with Gene McIntyre, he learned the pool filter
awarded tonight, and made a motion these repairs be awarded
low bidder. Kathy Brooks seconded the motion which carried
Jack Shinall said the City of Smyrna would host the State swim
year and it appears it will pay for itself and aJ.so make money
Also, May 1st there will be an exhibition softball game with the King and his
Court at King Springs Park.
Next council meeting on March l2, 1984.
With no further business, meeting adjourned at 9:13 p.m.
MAX BACON, WARD 2