March 19, 1984 Council Meeting
March 19, 1984
The regular scheduled meeting of Mayor and Council was held March 19, 1984 at Smyrna
City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer
Mayor protem Sim Tolleson. All Council members were present. Also present was City
Attorney Charles Camp, City Clerk Willouise Spivey, Assistant Public Works Director
Vic Broyles, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks
and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Assistant
City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Librarian Doris Morris
and representaztives of the press.
Invocation was given by James Williams, followed by the pledge to the flag.
Max Bacon reported that Mayor Bacon was now out of Intensive Care and feeling much
better since his surgery on March 14th.
There were no citizens reports.
Residential Business License: Daniel T. Power requested a residential business
license for his home at 908 Magnolia Drive. There was no opposition from the aud-
ience. Mr. Power said the name of his business was Comspec and they wire residential
homes for video systems, cable TV and audio sys'tems. They have other offices in
Clayton County and Douglas County but the license for his home would be to enable
him to make telephone sales. Mr. Power said he has one pickup truck that will be
parked in his driveway, as it is now. Mr. Power said he has an enclosed garage that
would be used for storage of equipment and he realized there could be no outside
advertisement or retail sales made from his home. Mr. POwer also had a petiton signed
by neighbors living within a 300 foot radius stating they had no objection. After
further discussion, Jim Hawkins made a motion the license be approved. Jmnes Williams
seconded the motion which carried 6-0.
Variance: Michael Wright represented Circuit City in their request for a variance
from 50 feet to 30 feet on the rear setback line. Max Bacon said since this was
tabled at the last meeting. a letter had been submitted from Glen Properties, the
adjoining property owner, stating they had no obj ection to the variance and made
a motion it be approved. Sim Hawkins seconded the motion which carried 6-0.
Variance: Jerry Hester represented Mr. Louie Bentley in his request for a variance
on reduction of lot size for Dye-Co Fastlube, 2249 South Cobb Drive. Mr. Hester
said they were requesting council approval to sell 50 feet from the rear portion
of the property to Mr. Harold A. Benson who owns the property to the rear of Dye-Co.
The lot is now 100 x 200 which meets the minimum lot size required for General
Commercial zoning; however. the 50 feet on the back portion is not being utilized
and is of no benefit. l\1r. Hester said that Mr. Benson has indicated he would like
to develop his property at some time in the future and could use the additional
50 feet. Kathy Brooks said council would be setting a precedent in granting a
variance of this nature and read Section 506 of the ordinance which states that
no lot shall be reduced in size so that other requirements of the ordinance are
not maintained. Mr. Hester said this property has been developed to its fullest
and felt that Mr. Bentley had shown a need for the variance as provided in our Code.
Also. Mr. Bensons property cannot be developed to its highest and best use unless
he is able to acquire the additional property from Mr. Bentley. Mr. Hester said
that the setbacks on the Dye-Co property would still be in compliance with our
ordinance if the variance was granted.
Attorney Camp said this is a platted lot and it would have to be re-platted if the
variance is granted. Jack Shinall stated the minimum lot size does not mean the
entire lot has to be utilized; rather it is for aesthetic values. After f'urther
discussion, Kathy Brooks made a motion the variance be denied. Hugh Ragan seconded
the motion which carried 6-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and recorded as follows:
(1) Enplas U.S.A. requested a building permit for new construction
Hill Road at a total estimated cost of $2,700,000. Sames Williams
the permit be approved subject to approval of the City Engineer and
Max Bacon seconded the motion which carried 6-0.
at 2000 Windy
made a motion
Fire Marshal.
(2) B. Wilmont Williams requested a building permit for construction of a new office
building at l800 Lake Park Drive at a total estimated cost of $l,361,920. Hugh Ragan
made a motion the permit be approved subject to approval of the City Engineer and
Fire Marshal. Sames Williams seconded the motion which carried 6-0.
March 19, 1984 - Continued
(3) Wesley Moran requested a building permit for construction of
ment in Highlands Park at a total estimated cost of $1,090,000.
a motion the permit be approved subject to approval of the City
Marshal. Jim Hawkins seconded the motion which carried 6-0.
the first develop-
Jack Shinall made
Engineer and Fire
Bids for equipment for the fire ladder truck were opened, read and
recorded as follows:
Charles
McLarty
Harry
Harless
American
Safety
300' 50' Section w/Twist
Lock End - Elec. Cord
300.00
225.00
336.00
400' 3" Hose Lightweight Coup.
800 Lb. Test - White
1 Generator - 3000 Watt K-300
640.00
630.00
1,.ll6.00
(bOO Lb. Test)
635.00
l,080.00
720.00
l
Set Air Horns 24" Sottertown
200.00
160.00
262.00
2
Salvage
l2 x l4'
124.00
ll3.00
135.00
3 500 Watt Circle D Lights
500 Watts - 150 Floodlight
285.00
247.50
280.00
600' - l~' Hose Lightweight Coup.
800 Lb. Test - White
780.00
708.00
725.00
2 - Nozzles - l~ 1 Turbo Set
Akron 1715
2 - Nozzles - l~ t Turbo Jet
Akron l710
500.00
475.00
499.00
460.00
440.00
475.00
Jim Hawkins made a motion
wi th their recommendation
seconded the motion which
the bids be
back to full
carried 6-0.
turned over
council at
to
the
the Public Safety Committee
next meeting. Sack Shinall
Bid Award: Jim Hawkins said the Public Safety Committee recommended Wade Ford be
awarded the bid for four new police cars at $9,817.22 each, and made a motion the
bid be accepted. Cody Chevrolet was the actual low bid but we would like to maintain
Fords in our fleet. Sack Shinall seconded the motion which carried 6-0.
Clean City Committee: Appointments to the Clean City Committee were made as follows,
to be effective until December 3l, 1985.
Ward l:
Ward 2:
Ward 3:
Ward 4:
Ward 5:
Ward 6:
Ward 7:
Elsie Rape
Patsy Elrod
Deferred to next meeting
Judy Hawkins
Deferred to next meeting
Lester Weathers
Mary Ann Lasseter
Max Bacon made a motion the appointments be approved. Kathy Brooks seconded the
motion which carried 6-0.
Approval of Resolutions: Attorney Camp read a resolution (copy attached) urging
Governor Harris to sign H.B. l139 to assure improved cash flow for municipalities
and counties under the new statewide insurance premiums act. Max Bacon made a motion
the resolution be approved. James Williams seconded the motion which carried 6-0.
Attorney Camp read another resolution urging the Governor to sign H.E. 1206 (copy
attached) which would give some relief to the requests received by the City for
refunds of insurance premiums taxes for the years 1981, 1982 and 1983, thusfar total-
ing $177,293.65. Sack Shinall made a motion the resolution be approved. James Wil-
liams seconded the motion which carried 6-0.
Oommittee Reports: James Williams made a motion the rules be suspended to vote
on two items not on the agenda. Jim Hawkins seconded the motion which carried 6-0.
James Williams said that under the Community Development Block Grant program, the
City could now participate in a 3 month program during the summer which would enable
us to hire high school and college students of low income. This is similar to the
Oeta program and the only cost to us will be FICA and workmans compensation. Sames
Williams made a motion we hire 20 students for a 3 month period under the CDBG pro-
gram. FOllowing a question from Sack Shinall, Willouise Spivey said the students
would have to apply and be cleared through the Labor Department and in turn, they
will send US a list of eligible applicants. Sack Shinall seconded the motion which
carried 6-0.
Sames Williams made a motion the rules be suspended to allow him to make another
motion. Max Bacon seconded the motion which carried 6-0.
James Williams said the City has optioned to purchase the James Renton property
at the corner of King and Bank Streets for $69,900, to be used for a parking lot
until a greater need is established. James made a motion the City purchase the Benton
property for $69,900, to be paid from short term General Fund Certjficates of' Dep-
osit. Hugh Ragan seconded the motion. Sack Shinall said when the property is used
for parking he would like to have some type fence around the lot, with no ingress
or egress from Bank Street. Max Bacon said he also felt we should stand by the agree-
ment that was made when Mr. Benton had the property rezoned.
Sack Shinall amended the original motion to state that a fence be erected around
the property with no ingress or egress from Bank Street. Mayor Protem Sim Tolleson
ruled the amendment out of order since it has nothing to do with the motion to pur-
chase the property. Vote on the motion to purchase the property carried 6-0.
Sack Shinall then made a motion that if the property is used
opaque fence be established on the rear portion adj acent to
Sim Hawkins seconded the motion which carried 6-0.
parking, a 6 foot
residential side.
for
the
Jack Shinall thanked Chief Little and his of:ficers for their help in putting a stop
to loitering from patrons of Red Baron's Game Room.
(Library)
Doris Morris reported on library activities.
Kathy Brooks said this Saturday the Special Olympics would be held at Walton High
School and urged everyone to attend.
Hugh Ragan said there had been another serious accident on Concord Road at Havilon
Way and the consensus of opinion :from concerned residents in the area is that speed-
ing is the cause of these accidents. Hugh reminded everyone to keep their cars within
the speed limits and said he would talk to Chief Little and ask that the area be
patroled more closely.
Jim Tolleson said he had received two calls over the weekend and Mayor Bacon had
recently received two letters concerning speeding on Village Parkway. Also, he had
one report today about speeding in Falling Waters, and it has become quite a problem.
Jonquil Breakfast March 21st and next council meeting April 2nd.
Max Bacon read a letter from a citizen commending Vic Broyles, Ike Thornton and
Tom Collier for their prompt response in handling a sewer problem.
Willouise Spivey reported that tomorrow, budget worksheets would be given out to
all Department Heads.
With no further business, meeting adjourned at 8:35 p.m.
March 19, 1984 - Continued
a'
ARTHUR T. BACON, MAYOR WILLOUISE C. SPIVEY,
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HUGH RAGAijI, WARD 7 '
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RESOLUTION
Resolved by the Mayor and Council of the City of
Smyrna
WHEREAS, the 1984 General Assembly of Georgia has acted
favorably in the passage of House Bill 1206; and,
~\ .+.
WHEREAS, the City of Smyrna has received requests for
refunds of insurance premiums taxes paid by insurers for the
years 1981, 1982 & 1983 in the total amount of $ 177,293.65;
and,
WHEREAS, refund of this traditional municipal revenue
source would result in higher proDerty taxes for property
owners in the City of Smyrna
; and,
WHEREAS, House Bill 1206 is designed to avoid auY
unjust enrichment for any insurer which may be entitled to a
refund; and,
WHEREAS, said bill would aid local governments seeking
relief from such claims.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council
of the City of Smyrna that the Honorable Joe Frank
Harris, Governor of Georgia, is hereby requested to act
expeditiously in signing House Bill 1206 into law.
BE IT FURTHER RESOLVED that a copy of this Resolution
be forwarded by the city clerk to Governor Harris and to the
Georgia Municipal Association.
RESOLVED this 19thday of
March
, 198 4
~~
ayor Protem
ATTEST:
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RESOLUTION
Be it resolved by the Mayor and Council of the City of
Smyrna
WHEREAS, the 1984 Georgia General Assembly has approved
House Bill 1139; and,
WHEREAS, House Bill 1139 would assure improved cash
flow for municipalities and counties under the new statewide
insurance premiums tax act; and,
miEREAS, the establishment of administrative procedures
to assure an efficient implementation of this bill is critical;
and,
WHEREAS, the Georgia Insurance Department has been
assigned the responsibility for collecting and distributing
said tax on behalf of cities and counties; and,
WHEREAS, the Department is in need of the maximum time
allowable to enable the establishment of an appropriate
administrative mechanism to assure the tax is collected and
distributed to cities in accordance with the dates specified
in the bill.
NOW, THEREFORE BE IT RESOLVED that the Mayor and Council
of the City of Smyrna request the Honorable Joe Frank
Harris, Governor of the State of Georgia affix his signature
to this bill at the very earliest opportunity so that implemen-
tation can begin.
BE IT FURTHER RESOLVED that the city clerk is hereby
directed to send a copy of this Resolution to Governor
Harris and to the Georgia Municipal Association.
RESOLVED this 19th
March
, 198~
day of
~~
ATTEST:
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City Cler ~