March 12, 1984 Council Meeting
March 12, 1984
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on March 12, 1984 at Smyrna City Hall. The meeting was called to order at 7: 30
o' clock p.m. by presiding officer Mayor Protem Jim Tolleson. All Council members
were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise
Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant
Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis,
Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian
Doris Morris, and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the
flag led by Girl Scout Troop 1210.
Jim Tolleson
not know the
prayers.
announced that
extent of his
Mayor Bacon
illness, but
had been hospitalized today and we did
asked everyone to remember him in their
Citizen Reports: Shirley Palmer and six other ladies from J.J.'s Golden Scissors
presented a petition signed by their customers concerning loitering, drinking
and language from customers coming from Red Baron' s Game Room. Ms. Palmer said
they have called the police on numerous occasions but nothing has been done. Chief
Little said he talked to both his Captains and they had no-t received a report
of any complaints. They have had the same problem at the Pizza Hut and the game
room at The Crossings Shopping Center, and Chief Little said it was his intention
to correct the situation, but he was not aware of' the problem until tonight. He
suggested that when they call in a complaint, they ask for the Watch Commander.
Jack Shinall said he would also ask Gene Golden to contact the owners and let
them know they may be in violation of our ordinance.
Jim Tolleson read a proclamation honoring Girl
17th, and presented it to Barbara Hollingsworth,
1210.
Scout Week,
Troop Leader
March 11th through
of Girl Scout Troop
W. E. Collett, a resident of McLinden Avenue complained of a drainage problem
due to his yard being lower tban the pavement, which has worsened by paving and
guttering on Medlin Street. After lengthy discussion, Jim Hawkins told Mr. Collett
he and Vic Broyles would meet him at his home on Wednesday at 4: 30 to see what
could be done.
Rezoning: Mary J. King requested rezoning of 1322 Concord Road from Residential
to Limited Commercial. Robert Davies with Avesta Realty represented Ms. King and
said the property, if rezoned, would be used for a PSYChologist' s office. Jim
Hawkins said the Planning and Zoning Board had recommended the zoning be approved
and the only problem he had in approving it was their plans indicate a curb cut
on Lee Street. Mr. Hawkins said when the property adj acent to this was rezoned,
the petitioner was not allowed to use Lee Street for ingr'ess or egress and he
did not think this parcel should be any different. Mr. Davies said the curb cut
on Lee Street was already there, and it would cost them a considerable amount
of money to move the entrance to Concord Road. Jack Shinall said this was a resi-
dential curb cut, not to be considered for commercial use.
There was no opposition from -the audience,
be approved with the stipulation that no
Street. Mr. Davies' requested an 18 month
but was denied. Max Bacon seconded the
stipulated, which carried 6-0.
and Jim Hawkins made a
ingress or egress be
extens:ion on the use
motion to approve
motion the zoning
allowed from Lee
of the curb cut,
the rezoning as
Residential Business License: Jack Strickland requested a residential business
license for Smyrna Stained Glass, 944 Dell Avenue. Mr. Strickland said he would
l:ike to have the license to allow him to buy glass at wholesale prices for items
he makes to sell at craft shows. He understood the home occupation ordinance and
would have no signs or additional traffic at his home. There was no opposition
and Jim Hawkins made a motion the license be approved. Jack Shinall seconded the
motion which carried 6-0.
Charles Jones requested annexa'tion of 69.495 acres in Land Lots 457,
, the legal description having been read and made a part of the February
6, 1984 meeting. Sue Brissey asked about sewer lines for this development. Mr.
Jones said sewer lines have always been available to the property and everything
has already been approved by the county. Mr. Jones said he would be using the
Reed Road line instead of Gann Road, and he was paying for all improvements to
the line. The propert;y is zoned for apartments at 10 units per acre, and they
March 12, 1984 - Continued
will build condominiums, with a to;tal of" 576 units. The property on Gann Road
will remain residential with 10 or II single family homes built. When asked about
variances, Jr. Jones said he did not anticipate any variance requests but if he
asked for a variance later it would be for aesthetic purposes only for the develop-
ment of ;the interior portion of the property.
Hugh Ragan made a motion the proper;ty be annexed to become a part of Ward 7, sub-
ject to the same agreements and stipulations as set forth by the county when the
property was rezoned. Jack Shinall seconded the motion which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation by
Marguerite Little, 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 lOll, 1012; said property to be annexed being described as fol-
lows, to wit:
All that tract or parcel of' land lying and being in Land Lot 631 of the 17th Dis-
trict, 2nd Section, Cobb County, Georgia, being more particularly described as
follows:
BEGINNING at a concrete monument on the west right of' way of Jonquil Drive, 581.4
feet south of Old Spring Road; thence southeasterly along the west right of way
of Jonquil Drive 99.5 feet to a point; thence north 86 degrees 44 minutes 13 sec-
onds west 170.0 feet to a point; thence north 3 degrees 46 minutes l5 seconds
east 44.14 feet to the south right of way of Spring Road; thence north 60 degrees
23 minutes 35 seconds east 132.57 feet along the south right of way of Spring
Road to a point; thence south 6l degrees 48 minutes 06 seconds east 43.63 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
his legal representative,
s/MARGUERITE LITTLE
the
of
record
60% of
ti tIe holders
the land area
of the
above
fee simple title, or
described by acreage:
Max Bacon made a motion the signature be validated and the public hearing set
for April l6, 1984. James Williams seconded the motion which carried 6-0.
Variance: Glen Robinson requested a rear yard setback from 50 feet to 30 feet
for R-Value, 3255 S. Atlanta Street. Mr. Robinson was sworn in by Attorney Camp,
along with Paul Rogers and Mr. Doffmeyer, in opposition. Max Bacon said this was
tabled at the last meeting to check Mr. Robinson' s original plat to see if the
addition to the building was shown for expansion at a later date. Mr. Robinson
said at the last meeting he did not have a copy of the plat, but had assumed prov-
isions had been made for an extension of the buildi.ng when the original building
was constructed. Mr. Robinson said he needed additional storage capability to
expand his pest control and insecticide line. Mr. Robinson said he felt he should
be allowed to continue with the expansion, based upon the original setback he
was given at 30 feet. Max Bacon stated that since the original building was con-
structed, the adjoining property was rezoned from Light Industry to Residential
Townhouse District, which requires a 50 foot setback.
Mr. Rogers and Mr. Doffmeyer both spoke and felt the addition would hurt the town-
house development and felt the addition could be re-arranged on the lot to where
the variance would not be required.
Max Bacon said that normally
the adjoining property owners
be reached. Max made a motion
the motion which carried 6-0.
when
and
the
variances are granted, approval is given by
it was apparent that an agreement could not
variance be denied. James Williams seconded
Michael Wright represented J. S. Ross in a variance request from 50
feet for Circuit City on Cobb Parkway. Mr. Wright said this would be
a new retail business specializing in electronics. This property adjoins Cumberland
Glen Apartments, and apparently when the plans were drawn his people were not aware
of the 50 foot setback requirement. Mr. Wright said Mr. Collin Barker of Glen
Properties had agreed in principle to the variance and would be meeting with their
engineer. Max Bacon said he would prefer to have a letter from the adjoining
property owner and made a motion this be tabled to the next meeting. Jack Shinall
seconded the motion which carried 6-0.
Variance: Randall Young requested a zero rear yard setback for an addition to
the Men's Den at 531 Cherokee Road. Mr. Young had letters from both adjoining
property owners stating they had no objections and there was no opposition from
the audience. Mr. Young said there would still be a driveway between his building
and Jerry's Cleaners and the Fire Marshal had also inspected the plans and could
see no problem since the fire trucks could enter from Ventura Road. Kathy Brooks
made a motion the variance be approved. Jim Hawkins seconded the motion which
carried 6-0.
Variance: James C. Perry requested a side yard setback variance from 10 feet
to 8 feet for a carport addition to their home. A letter was also submitted from
Kathryn Cochran, the adjoining property owner, stating she had no obj ections.
There was no opposition from the audience and Jack Shinall made a motion the var-
iance be approved. KathY Brooks seconded the motion which carried 6-0.
Commercial Building Permits: In the absence of Inspector Larry Dunn, commercial
building permits were presented by Hugh Ragan as follows:
(1 )
for
the
Jim
'I'illman Methodist Church at 940 Concord Road requested a building permit
an addition at a total estimated cost of $110,000. Hugh Ragan made a motion
permit be approved subject to approval of the City Engineer and Fire Marshal.
Hawkins seconded the motion which carried 6-0.
(2) Men's Den at 531 Cherokee Road requested a building permit for an addition
to the existing building at a total estimated cost of $10,000. Hugh Ragan made
a motion the permit be approved subject to approval of the City Engineer and Fj.re
Marshal. Kathy Brooks seconded the motion which carried 6-0.
(3) Arby's at 2217 South Cobb Drive requested a building permit for an addition
to the existing building at an estimated cost of' $90,000. 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.
(4) Charles West requested a building permit for construction of' a new shopping
center at 1810 Spring Road at a total estimated cost of $350,000. 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 6-0.
(5) Aunt Fanny's Gabin at 2155 Campbell Road requested a building permit for
an addition to be used as a waiting room at a total estimated cost of $ 40,000.
Hugh 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.
(6) David Thurman requested a building permit for construction of a repair shop
at 2670 Atlanta Street at a total estimated cost of $15,000. 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.
Bid Opening:
as follows:
Bids for four (4) 1984 police cars were opened, read and recorded
Beaudry Ford
1984 Crown Victoria
Package as per bid
$10,020.00
Alternate
$9,639.40
CodY Chevrolet
1984 Chevrolet Impala
(State Contract for
Chevrolets)
$ 9,565.00
Wade Ford
1984 Grown Victoria
$ 9,817.22
Hub Motor
1984 Crown Victoria
$10,032.51
Jim Hawkins made a motion the bids be turned over to the Public Safety
with their recommendation back to full council at the next meeting.
seconded the motion which carried 6-0.
Committee
Max Bacon
March 12, 1984 - Continued
Bid Award: James Williams said
Metropolitan Tractor at $20,235
Grants and made a motion this
which carried 6-0.
the Street Committee recommended the low bid ~rom
be accepted for the backhoe, to be paid from State
bid be accepted. Jim Hawkins seconded the motion
Request ~or Bids: Jack Shinall made a motion bids be
rotary mower ~or the Parks Department, to be opened
Jim Hawkins seconded the motion which carried 6-0.
requested for a rear mounted
the first meeting in April.
James Williams said the Engineering Department had requested that $1,400 be ap-
proved for repairs to Ward Street where it was cut to repair the sewer pipe. Also,
there is a similar problem on Creatwood Trail and cost of repairs would be $460.
James Williams said contractors would not bid on a job this small and made a motion
that $1,860 be approved for repairs to be paid from State Grants, Jack Shinall
seconded the motion which carried 6-0.
Approval of Minutes: Jack Shinall made a motion the minutes of February 6, 1984
be approved as submitted. Jim Hawkins seconded the motion which carried 6-0.
Hugh Ragan made a motion the minutes of February 20, 1984 be approved as submitted.
James Williams seconded the motion which carried 6-0.
Committee Reports: Jim Tolleson said there was a
for tonight concerning a sewer tap for Walt Hendry
the Courts today to remain silent on this issue.
tentative item on the agenda
but we had been enjOined by
(Library) Doris Morris reported the Senior Citizens had chosen the library to
display their art work this year and it would be on display through Saturday.
Kathy Brooks reported on the National League of Cities Con~erence in Washington
and said it was a very enj oyable trj_p.
Jack Shinall thanked Buddy Darden for the warm reception they received in Washing-
ton. He said they were treated very well and also heard Mr. Darden's maiden address
on the floor.
(Public Safety) Jim Hawkins said he would like to meet brie~ly with the Public
Safety Committee following adjournment to look over bids just received.
Jim Hawkins read a letter of commendation from Dr. Harry Porter to the Smyrna
Police Department for their quick response during a recent emergency situation.
(Finance & Administration) James Williams reported the City is still doing well
and the Georgia Power franchise check for 1983 was for $464,400.
(Water & Sanitation) Max Bacon said that in the past, we have always had a clean
up month in the City but now he would like to have a committee comprised of one
person appointed from each ward to establish an on-going program to keep our city
clean. Max asked everyone to keep this in mind and have their appointment ready
for the next meeting.
(Streets) Jim Tolleson said the light on Spring Road at Village Parkway is out
because it was damaged in an automobile accident which destroyed the control box.
Jim
the
Tolleson
"Smurfslf
said the
and their
Street
jOb is
Department has formed a 2 or 3
to keep the right of ways clean.
man
crew
they
call
Jim Tolleson again asked everyone to remember Mayor Bacon while he was in the
hospital. With no ~urther business, meeting adjourned at 9:10 p.m.
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