May 7, 1984 Council Meeting
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on May 7, 1984. The meet;ing was called to order by presiding officer Mayor protem
Jim Tolleson at 7: 30 o' clock p.m. 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 Vie
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 Hugh Ragan, followed by the pledge to the flag.
Ci tizens Reports: Pat Curtis of Stonecreek Road complained of recent grading at
the corner of South Cobb Drive and Bank Street and said the contractor had graded
all the way to the and did not leave any foliage. Jack Shinall said the City
Marshal had been ed to stop work and the buffer would have to be restored.
The developer 11 be cited :for these violations tomorrow morning. Jack said that
later in the ing he would make a motion the rules be suspended to suspend the
variance approved for this location until the developer is in compliance.
Falling Water Drive complained of' drainage problems at his home
retainage pond no longer functions because the banks have eroded.
he has not been able to get any response f'rom the builder. Vie
et with Mr. Renfroe about two weeks ago and had asked Jim Mallet
ions. Mr. Mallet prepared a list of' things that need to be done
get Mr. Minchew to comply. There is also a problem at Falling Waters,
Downs and both developers are aware of' the problem. After further
was asked to meet with Mr. Minchew this week and Jim Tolleson asked
leave his telephone number so that we can get in touch with him later.
Williams made a motion the rules be suspended. Jim Hawkins seconded the motion
carried 6-0.
Attorney Camp then read
presented roses to Willou
roclamation for Municipal Clerk' s Week and Jim Tolleson
Spivey and Melinda Hiatt.
CONSENT AGENDA
I}
Approval of minutes:
April 2 & 16
2) Approval for use of' construction trailer, Mill Pond Village
applicant
Charlie Jones,
3)
Approval
A)
B)
C}
to sur
1972
1977
1978
us equipment from Street Department:
I No. R-2000 S.N. 5079 & trailer
Quincy air compressor model #QHI500SH-00406-size I
Model - 460 cu. in. '18 engine with C-6 transmission
4}
Approval
A}
B}
C)
D}
E}
F}
G}
H}
I}
J}
K)
to surplus equ
I - 1973 Ford
I - SOM
C02 fire
I wood
4 mili
I lot
I desk
1 old
1
2
I
Emergency Management Department:
138713
(5 )
machines
and wheels
5)
Approval to
for block party, June 9th at 6:00 p.m.
6} Approval of $1500 to install drainage pipe at Cobb Park
n
Approval of
July 1984 to June 1985 - $3,474.46
8}
- dead end of Barbara Lane
the audience and Max Bacon made a motion
Hawkins seconded the motion which carried
May 7, 1984 - Continued
Rezoning: M. Hogg, Bruntwood Estates, requested rezoning of' the old Henderson
Florist building in King Springs Plaza Shopping Center, Land Lot 528, from Neighbor
hood Shopping to General Commercial. Bob Davies of Avesta Realty represented the
applicant and said they have been approached by Joe Corley to use the building for
a health studio, or they may divide the building for of'f'ice use. They are asking
for rezoning on this building only, and have no plans to redevelop the lot. Max
Bacon read the minutes of the Planning and Zoning Board meeting where they
recommended the rezoning be approved. Max Bacon said he was not comfortable with
making a decision tonight until the plans for use of the building were concrete
and made a motion this item be tabled to the next meeting. James Williams seconded
the motion which carried 6-0.
Public Hearing Charter Amendment:
amendments as follows:
Camp read the proposed charter
Attorney
Sec.
(b)
77(9)(a)
and (c),
thereof
substituting
follows:
in
lieu
By deleting present
a new Sec. 77(9) (a),
in its entirety and
Department Heads, as
Sec. 77(9)
Department Head.
(a) The chief of the police department, chief of the fire deparatment and all other
department heads shall be subject to and serve under the provisions of the civil
service act of the City of Smyrna af'ter completion of the twelve (l2) month
probationary period, except in the manner of filling a vacancy f'or such position
which shall be conducted as provided in this section.
(b) In the event
department, chief of'
under civil service
Chief or department
head is appointed as
office of chief of
head of' any other
Council may appoint
until the chief or
the fire
department
an acting
department
a vacancy shall occur in the
the police department, or the
in the City of Smyrna, Mayor and
head who shall hold such office
herein provided.
(c) In the event a vacancy shall occur in the office of chief of the fire department
or chief' of' the police department, or head of any other department under Civil
Service in the City of Smyrna, the Civil Service Board shall accept and review all
applications for such office, test and interview all applicants in accordance with
the procedures established for filling other vacancies and thereafter submit to
Mayor and Council the names, test results, and applications of all qualified eligible
applicants, with all recommendations, comments, findi.ngs and minutes of' the Civil
Service Board as relates to each applicant; thereafter Mayor and Council may select
such applicant deemed best qualified to f'ill such positions or request additional
applications be taken by the Civil Service Board.
By deleting present Sec. 77(14) in its entirety and substituting in lieu thereof
a new Sec. 77(14), Minutes and Records of Board Business, as follows:
Sec. 77(14)
Minutes and Records of Board Business.
Said Civil Service Board shall keep minutes of' th.eir meetings and records of' all
business transacted by them at each and every meeting. All such minutes and records
shall be on file in the office of the clerk of the Mayor and Oouncil of the City
of Smyrna. The clerk of the board, or his designee, shall attend all meetings of
said Civil Service Board and shall keep the minutes and records of' same.
Jim Hawkins said that basically, the Civil Service Board, after testing and inter-
viewing will turn all applications of' those qualified to Mayor and Council for their
selection. Also, the Civil Service Board will submit requirements for qualification
to Mayor and Council for their approval. Under the present system, the Civil Service
Board submits their top three choices. Jim Hawkins said he felt this was much more
fair and cuts out a lot of' red tape. Jim said he felt the f'inal decision in selecting
a chief was with the people and the power of' the people is in this body.
Earle Cochran, chairman of the Civil Service Board spoke and said he was opposed
to any changes and felt our present system was effective. Also, the newspaper
advertisements were very miSleading because they covered several changes not
mentioned tonight. Attorney Camp said that initially there was a diff'erence of'
opinion as to what should be changed and it was necessary to advertise each amendment
that was being considered. However, Section 77-9 and Section 77 (14) are the only
changes to be considered.
Sue Brissey spoke against the charter
keep politics out of selecting a Chief,
amendment and
they should.
said
if'
was
there
any
way
to
May 7, 1984 - Continued
Gardner Potter also spoke in opposition and said he helped write the Civil Service
law and was the f'irst chairman of' the board. Prior to establishment of' the board,
politics was in the pOlice and f'ire departments and he f'elt this would be taking
a step backward.
Sam Wehunt of' the Smyrna Fire Department spoke and reminded Council
petition signed by 100% of the pOlice department and also signed by
members of' the fire department, opposed to the amendment.
they had a
all but two
Wink Winkenhof'er also spoke
that does its job. The Civil
from pOlitics.
in opposition
Service Board
and
is
said we
the only
have a good working board
protection our chief's have
Af'ter further discussion, Jack Shinall made a motion that only Sections 77 (9) fat
and 77(l4} be considered ~&-~fte-emeHaffleH~. Hugh Ragan seconded the motion. Attorney
Camp said the ad would have to continue as is even if there was a mistake in it;
council could pass any part or all of what was advertised. Vote on the motion carried
6-0. (Corrected per meeting of June 4, 1984.)
Jim Hawkins
trying to
protected
refers to
said he hoped this would settle any questions anyone may have about
remove the chiefs f'rom Civil Service and they would still be fUlly
under Civil Service law. The petition signed by policemen and f'iremen
the removal of the chiefs, and that is not the intent.
Ridgeview Institute: James Williams made a motion the City accept the proposal
from Ridgeview Institute to purchase the City's interest in the hospital for
$2,070,000 cash at closing and in consideration of the unof'f'icial opinion of' the
Attorney General, to authorize the Mayor or Mayor Protem to execute a deed to the
same upon receipt of' the sales price, and opinion of' Bond Council that the sale
will not af'f'ect the bond issue of' Ridgeview in any way. Let the record also show
that the acceptance of' the sales price is based upon an approved appraisal and the
review and approval thereof of' two f'inancial advisors acting on behalf' of the City.
Max Bacon seconded the motion which carried 6-0.
Bob Fink, representing Ridgeview,
in the amount of $2,070,000. Jim
be in ef':fect after the sale.
thanked members of council
TOlleson said the Hospital
and presented a
Authori ty would
check
still
Rezoning: Rob Berry requested rezoning of property in Land Lot 592 located on Whit-
field Street at Crumley Drive f'rom RTD to RD-4. Mr. Berry said he was requesting
the rezoning to enable him to build a more appealing building on the property but
it would not change the density or size. There was no opposition from the audience
and James Williams said the Planning and Zoning Board had recommended it be approved.
James Williams made a motion the zoning be approved as requested. Jim Hawkins
seconded the motion Which carried 5-0.
Jim Tolleson stated that Hugh Ragan had to leave the meeting early to go out of
town on a business trip.
Marguerite Little requested annexation of property on Spring Road at
in Land Lot 631, the legal description having been read and made a
part of the March 12, 1984 meeting. Mrs. Little asked if' council could discuss her
zoning and variance requests before acting on the annexation. Mrs. Little said she
WOUld like to upgrade the property and cannot change the fact the lot is only l4,070
square feet. In addition to the rezoning f'rom Residentj.al to General Commercial
she was requesting a variance on the lot size from 20,000 to 14,070 square feet;
a 5 f'oot reduction on the setback on Jonquil Drive; and a reduction in required
parking spaces f'rom 17 to l5.
Max Bacon told Mrs. Little her lot size would only fit under Limited Commercial
and asked her if she could not use the LC zoning. Mrs. Little said she was afraid
she may get an of'fer on the property for development that would not f'i t in the
Limited Commercial category and would prefer to have General Oommercial. Jack Shinall
said the ordinance on minimum lot size was developed to permit certain buildings
and construction to protect the health and welf'are of' the community. Council al so
had a similar request a short time ago requesting a reduction in lot size.
Jim
of'
lot
said this is an odd shaped piece of property and he would be in favor
her the variance. Mrs. Little said she would consider developing the
but did not have any def'inite plans.
Af'ter f'urther discussion, Jim Hawkins made a motion the annexation be denied. Kathy
Brooks seconded the motion which carried 4-1, with James Williams opposed.
The
variance requests by Marguerite Little were not heard due to the
building
In the absence of Inspector Larry Dunn, commercial
by Max Bacon and recorded as f'ollows:
were
(I)
on Lake
the
Jack
Properties requested a permit for construction of 312 apartment units
at a total estimated cost of $6,861,000. Max Bacon made a motion
be approved subj ect to approval of the City Engineer and Fire JVlarshal.
seconded the motion which carried 5-0.
(2) D01J.glas Smith requested a bl.lilding permit :eor construction of a new office
building at 997 Cherokee Road at a total estimated cost of $128,000. Max Bacon made
a motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Kathy Brooks seconded the mot;Lon which carried 5-0.
U)
at
made
Fire
Enterprises requested permit for an addition
Hills Shopping Center at a total estimated cost
a motion the permit be approv.;:d sUbject to approval of'
Marsha:l. James Williams seconded the motion which carried
to Carters Pawn Shop
of $ 20,000. Max Bacon
the City Engineer and
5-0.
(4) S. R. Phillips requested a building permit for an addition to his Shopping
center at 570 Cherokee Road at a total estimated cost of' $36,000. Max Bacon made
a mot;Lon the permit be approved subject to approval of the City Engineer and Fire
Marshal. Kathy Brooks seconded the motion which carried 5-0.
TEFRA Hearing: Attorney Camp read a from the Housing Authority concerning
the issuance of' mUltifamily housing bonds f'or the benefit of Post Propert ies ,
Inc., addressed to the Mayor and Mr. Camp said the Housing Authority held
a public hearing at 6: 30 this and were asking approval of' their action
tonight. Mr. Camp read a Resolution the issuance of $20,000,000 in bonds
for construction of 494 multifamily housing units (copy to be made a part of these
minutes). James Williams made a motion the Resolution be adopted. Jim Hawkins
seconded the motion which carried 5-0.
Validation of' Signatures: James Williams read an application for annexation of
property op Spring Road @ Madison Street as f'ollows:
We the
area by
to the
under
912
1011,
who const (60%) of the owners of the land
the area which is unincorporatedapd contiguous
, hereby said area annexed into the City of Smyrna
of the Code GeQrgia Annotated, Sections 69-904 through 69-
, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages
property to be annexed being described as f'OllOWS, to wit:
All that
District
of'
Office, Qobb
or parcel of' land lying and
Section of Cobb County, Georgia,
Subdivision, as per plat recorded
County Records.
being in Land Lot 632 of' the 17th
being known as Lots 34, 35, and 36
in Plat Book 12, Page 57, Clerk' s
SAID
UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
FOR ANNEXATION TO THE CITY OF SMYRNA.
of'
of
BILLIE B.
holders of
area above
or his
siR.
the record
60% of the
PARRIS
land
the f'ee simple title,
described by acreage:
made a motion the be validated and the pUblic hearing
1984. Jack Shinall seconded the motion which carried 5-0.
James
set
read an application for
of' 8.803
Attorney
We the
area
to the
under
912 (
1011,
who constitute
of' the area des
apply
of the Code of
Laws, Acts 1966,
property to be
percent (60%) of the
below, which is
said area annexed into
Annotated, Sections
410, 411, 412, 413; 1971,
described as follows,
of' the land
contiguous
of Smyrna
through 69-
399; 1976, Pages
to wit:
tract or parcel
Section of'
of land lying and being in
Cobb County, Georgia, being
Land Lot 629 of
more particUlarly
the 17th
described
as f'Ollows:
BEGINNING at a point on the northeasterly right of way line of Atlanta Road (also
known as Georgia Highway #3 and having a 30 foot right of' way) 601.37 f'eet southeast-
erly> as measured along the northeasterly right of' way line of' Atlanta Road and
following the curvature thereof' f'rom the intersection of the northeasterly right
of way line of' Atlanta Road with the westerly land lot line of Land Lot 629; running
thence South 58 degrees 54 minutes East along the northeasterly right of way line
of Atlanta Road 881.05 f'eet to a point; thence North 01 degree 06 minutes West 35.46
feet to a point located on the northeasterlY line of what was f'ormerly a 30 f'oot
trolley right of way; thence North 01 degree 06 minutes West 620.89 feet to a point
located on the northeasterly line of a 66 foot railroad right of way; thence North
70 degrees 42 minutes West along said railroad right of' way line 207.86 f'eet to
a point; thence continuing along said railroad right of way line North 64 degrees
2l minutes West 200.04 feet to a point; thence continuing along said railroad right
of way line North 60 degrees 01 minute West 97.04 feet to a point; thence South
34 degrees 47 minutes West 462.95 feet to a point on the northeasterly line of what
was formerly the aforesaid 30 f'oot trolley right of way; thence South 34 degrees
47 minutes West 30.07 f'eet to the northeasterly right of' way line of Atlanta Road
and the point of BEGINNING; being 8.803 acres and shown as Tract A on the topographic
survey for Mrs. A. L. Crowe by David W. Lynah, Registered Land Surveyor, dated
December 10, 1980, and Showing ~ast revised February 28, 1984.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature
legal representative,
CROWE, JR.
of the record tit~e holders of the fee
of 60% of the land area above described
simple title, or his
by acreage: s/ARTHUR
Max Bacon made a motion the signature be validated and the public hearing set f'or
June 4, 1984. James Williams seconded the motion which carried 5-0.
North Smyrna Park: Jack Shinall said that in 1976 seventy-seven acres was deeded
to the City of' Smyrna by the Department of' Interior. The required usage is for
recreation onlY, and if not used for recreation purposes, the property will revert
to the government. Jack said the property is too valuable to lose and we need to
adopt a revised utilization plan. Phase I of the plan includes picnic areas, a
fitness court and jogging trail. Phase II would be either a golf course paid for
by someone else under a concession agreement, or a multi purpose community center.
Phase III would be for ballf'ield construction. Jack made a motion the revised
utilization plan and the initial cost of $15,500 be approved. Jim Hawkins seconded
the motion which carried 5-0.
Jim Tolleson read a resolution urging the Cobb County Commissioners to proceed as
quicklY as possible in constructing the East/West Connector and said the City of
Powder Springs was approving the same resolution at their meeting tonight. Max Bacon
made a motion the resolution be approved. James Williams seconded the motion which
carried 5-0.
Housing Authority: Kathy Brooks made a motion that Jean Bradley be appointed to
the Housing Authority for a one year term. Max Bacon seconded the motion. Attorney
Camp said the motion should not state the length of term in office because the terms
wil:t be staggered. Kathy Brooks amended the motion to appoint Jean Bradley to the
Housing Authority. Jack Shinall seconded the amendment. Vote on the amendment and
main motion carried 5-0.
Jim
pumper truck
additional 12 to
carried 5-0.
Hawkins made a motion that bids be requested to re1'urbish the
from the Fire Department which, when completed, should give an
l5 years of service. James Williams seconded the motion which
Max Bacon made a motion bids be requested to install the Smyrna Hill Drive
line, approved under the Community Development Block Grant program, to be
May 21st. Jim Hawkins seconded the motion which carried 5-0.
sewer
opened
Ordinance Amendment: Max Bacon stated that Section 22-28 of the ordinance calls
out the amount of' deposit required for commercial garbage collection and made a
motion this section be deleted in its entirety and replaced with the following,
to eliminate the outdated figures that are spelled out.
Any person desiring to operate a business in the City shall pay
tation services. Said deposit shall be held by the City upon
business until after the rendering of' the final bill due the
The amount of deposit shall be set by Mayor and Oouncil.
a deposit for sani-
the closing of' the
Oity for services.
May 7, 1984 - Continued
Jack Shinall seconded the motion to approve the ordinance amendment which carried
5-0.
yesterday
is the first
(Library) KathY Brooks announced the library
an electronic magnifier for the low visioned. Doris
library in the area to provide for low vision patrons.
had a
Morris
dedication
said this
(Parks) Jack Shinall said there was a good turnout for the King and His Court soft-
ball game and the Spring Festival and thanked the Parks and Recreation Department
for their hard work.
Jack said Jim David had suffered a heart attack on Saturday night and our
hearts shou~d be with him and his family.
Jack Shinall made a motion the rules be suspended. Max Bacon seconded the motion
which carried 5-0.
Jack Shinall stated the builder responsible for grading at the corner of South Cobb
Drive and Bank Street is definitelY in violation of' at least 3 parts of the zoning
ordinance. a variance was apProved on the rear yard setback, the minutes state
that he agree to retain as much existing foliage and trees the creek
bank as possible. Jack made a motion the building permit and temporarily
suspended until vegetation along the back of the property is and he has
answered other violations pertaining to the soil and sedimentation ordinance. James
Williams seconded the motion. Attorney Camp suggested council may want to give him
the oppqrtuni ty to show cause as to why the permit and variance should not be
suspende<:i. The motion and second were withdrawn.
Jack then made a motion the building permit and variance be temporarily
suspende<:i until vegetation along the back of the property is replaced and he has
otner violations pertaining to the soil and seimentation ordinance. Also,
Cannot be handled before the next meeting the builder shall appear before
and show cause as to why the permit and variance should not be
Williams seconded the motion which carried 5-0.
Jim
of'
acc:'ldents
from
that two
as the
signs
the
of'f' on
the
deceiving
said the citizens committee recently appointed to study the intersection
and Havilon had submitted their recommendat:'lon. They over 50
the past 14 years at this location which in many were caused
un<:ier the infl"uence of' alcohol or excessive speed:'lng, recommended
lights be installed on Concord warning of' a dangerous intersection,
is not eff'ective in reducing speeding or accidents; two warning
that radar is used and that assistance be requested from
for radar as Jim Hawkins also stated the pavement drops
side of' the road and felt that was also a big f'actor. Chief Little stated
and egress lane constructed for the new townhouse development is
because it looks like an additional lane at night.
Harold
involving
50% of' the
the
also spoke and said there was another bad wreck
young men and one was in very serious condition.
have been alcohol related and youth is not
speeding.
last Sunday morning
He stated less than
the problem either;
is
(PUblic
bad storm last
job in warning
Jim
week
people
Hawkins thanked the Fire Department for
and said the Civil Def'ense Department
of a possible tornado.
their help during the
also did an excellent
(Sanitation) Max Bacon said we were
storm put us a little behind.
dumpsters where citizens can take
in the first week of clean
reminded everyone of the
trash on weekends.
up month bu t
4 locations
the
with
Jim
in for
of' his
had a "'GVGre
said that Mayor Bacon was feeling much better but
Jim David is in piedmont Hospital and we do not
attack. Also, Wesley Barre, a part time employee f'rOm
heart attack Saturday night.
to f'ill
severity
Public Works,
City auction next Saturday, May 12th; next council meeting May 21,
With no further business, meeting adjourned at 9:40 p.m.
************************