August 6/20, 1984 Council Meeting
y, Police Chief
ks Director Vic
City Clerk Melinda
Jim Farley, Librarian
scheduled meeting of Mayor and Council was held pursuant to the Charter
1984 at Oi ty Hall. The meeting was called to order at 7: 30
ot'f'icer Mayor Pro Tolleson. All council memhers
Attorney E. Camp, City Clerk Willouise
ting Fire Chief' Hubert Cochran, Assistant Public
Recreation Director Sherry Reavis, Assistant
Inspector Larry Dunn, Civil Defense Director
and representatives of the press.
Invocation was given by Kathy Brooks, followed by the pledge to the f'lag.
Jim Tolleson said that and Mrs. Bacon were in Alabama on vacation and intro-
duced Don Jones, State Court Judge candidate.
R. D. Wilson of Flagler Circle complained of an error on his
with Smyrna Athletic Association requested a parade permit for
on August 18th. Mr. Gibson was asked to give the parade route
opening
to Chief'
of' Falling Water Drive expressed his concern again with the water
from Af'ton Downs. Mr. Shannonhouse said the dam had been finished
about f'uture saf'ety of' his property. The dam was not built
the banks are eroding and washing away. Vic Broyles stated
f'or AI' ton Downs had been lif'ted af'ter Jim Mallett approved
said his concern was the slope of' the dam, which is not
angle. Also, a portion of' the dam is on his land. He
of' money invested in his home and wanted some assura;.:lce
be done to prevent f'uture f'looding. Af'ter f'urther
d Vic to meet with .Jim Mallett at Mr. Shannonhouse f s
course
of nterior
carried 6-0.
said the Oity realized we would have a problem
-on the 77 acres given to us by the Department
other avenues that would benefit the City and citizens.
through a concession agr'eement and we decided to work
on the pr'operty. We wer'e approached by J. Wayne Nix
course and also by F. Eugene Jerald about building an 18
the proper'ty meets the Oity f S on-gOing ideas to
as self'-suf'f'icient as possible, and the City will
e course. It will be developed completely by the
eive r'evenues in the form of' a per'centage of the
s a flat f'ee. .Jack Shinall made a motion the Mayor
er into an option for' concession agreement with Mr. Jerald f'or
s time they will have to reach an agreement on fees,
construction time and this will be submitted to the Department
to any f'inal agreement. Kathy Brooks seconded the motion which
.Kim Jackson requested a license :for beer package sales
South Cobb Dr'ive. There were several residents from James
a;.:ld Mr. Perry representing the opposition was swor'n
son said the existing structure would be torn down
convenience store with sel_f'-service type gasoline
survey indicated the James House apartments within
they had not submitted a letter waiving the distance
her copy o:f our ordinance says that apartments are
Attorney oamp stated there may be some ambiguity
3-26 says the place of' business will not be located
any lands zoned for any residential classification
ref'err'ed to excludes apartments in the definition of
id she had contacted Mrs. Southern at .James
she saw nothing wrong with the license.
24 residents of' the apar'tments, opposed
e has lived there f'or 19 years and they
bothered by people stopping and dr'inking
d the residents have to clean up the mess.
the mortgage on the property and he has :filed
August 6, 1984 - Oontinued
she had al so
reservations that
and if' she did
departme;.:1t
would continue
she did not know.
to
Mr.
the Lutheran church
Perry did; however, she an
would lose her lease. She said she would
any problems they may have. Kathy Brooks
if' the license and Ms.
Ms. Jackson said
some of' the same
image with Amoco
work
~
After
the
the
discussion,
are wi thin the
carried 6-0.
made a motion the liCense
distance requirement. Jim
denied since
Hawkins seconded
Wqqdy requested a residential f'or Woody
at 2976 King Street. said he
prior to that, operated f'rom
When they moved, he license
address. He was not require-
area. Mr'. Woody said he his equip-
and his trucks are par'ked in the yard
in the process of' trying to move the bus-
made application for rezoning at the new
to Mr. Woody and some of the :neighbors
his lice:nse is corr'ect.Mr'. Hawkins said
the rezoning is heard, but f'el t he 'ilras
Mr. Woody said his brother and two other
their vehicles in his dr'iveway af'ter they
Max
cord
long it would
Woody sald they
r'ezo;.:1i;.:1g could be
license f'or his home
to move af'ter acquiring the site on Con-
to move, but it would be mid-September
Mr. Woody said he was asklng council to ap-
time being until they can move to the other
prove
site.
Mr. Woody
are licensed by
Also, they
Chemicals at his
However, they stay
purchase anything that
Woody said
separate
is restrictive, such
against
and they
this business is right in/his back yar'd,
of' the people in the neighborhood. It is
to have the house reverted back to strictly
amotion the license
business, seconded
the storage of'
mixed 0;.:1 the premises.
motion carried 6-0.
and that
Jack
amended the
seconded
requested a
Street.
the existing
7100 square foot
The Fire
be attached
w:L th stucco
entrance on
Hal t said Jim
request
be
. Motion
to construct a second
said the lot extends
be:Lng used as an
and our
his plans,
Mr. Holt said
entrance will be
The two
already apPr'oved
-further
on
to Haw-
like
only one
that
this would
Street
about 20
the ex-
made a
ask
of' a second
James
Road; one f'or an
perty and the
Mr. Nichols had
objection the
Nichols he
read_
Gann .
R. Nichols
to come
to omit the
a letter
building
var'iances for
10 feet ot the
landscaped str'ip
property
is zoned
and has 9 offices
when the property was
about leasing of'f'ices
Concord
pro-
Str'eet.
had no
and Mr.
Haw-kins
Travis
any ad-
zoned for one office. Jim said he thought Mr. Nichols
of'fice development which f'alls under' the Off'ice/Distribution
30,000 square foot lot, which he does not have. Jim said he
mited Commercial is to have one business per
restrictions on number of' businesses as long
ng spaces qualif'y.
Mr. Nichols said w-hen ed the property and had it surveyed, they discover'ed
that the Oity had his property line along Hunter Str'eet but he agr'eed
to move the stakes be the pr'oper'ty with no concessions by the City,
so his lot was than it is ;.:lOW. Also, he had paid f'or the material
for the City to instalJ. a sewer line and storm drains. Mr. Nichols said he needed
the 10 foot setback because of' the natural water flow on the property and the
building has to be placed as shown to not cover' the manhole. Also, there is an
abandOned alley between his property and the adjoining property, so he would reaJ.ly
be 20 feet fr'om the other line.
Mr
req
is a ;.:luisanCe to ma
the new addition would
other variance to omit the 10 f'oot landscaped str'ip is being
cars fr'om the baseball f'ield park ther'e and it
In response to a question from council, Mr. Nichols said
be attached to the existing building by a fixed brick wall.
Jim HaWkins made a motion the two variances be denied. Max Bacon seconded the motion
which carried 5-1, with James Williams opposed.
intr'oduced Tom Cauthorn, candidate f'or Superior' Cour't Judge, and then
5 minute recess.
building permits were presented by Inspector
per'mit f'or' new construction at Highlands Park
0,000. Hugh Ragan made a motion the permit be approv-
City Engineer' and Fire Marshal. Jack Shinall seconded
(2) Lake Cumber'land Apartments requested a permit
Viking Drive at a total estimated cost- of' $56,000.
permi t be appr'oved roval of" the City
Bacon seconded the arr'ied 6-0.
f'or f'ire damage repair at 2611
Jim HaWkins made a motion the
Engineer and Fire Marshal. Max
( 3) Wendy f s re
Drive at a to
be apPr'oved subject
seconded the motion
f"or' an addition to the building at 2380 South Cobb
of' $50,000. Kathy Br'ooks made a motion the permit
of" the City Engineer and Fir'e Marshal. James Williams
ed 6-0.
Apar'tme
at an
be approved subject to
seconded the motion wh
Medlin Street requested a building per'mi t for f'ire
$14,000. .Jim HaWkins made a motion the permit
City Engineer and Fire Marshal. James Williams
ation of" the Stephens Street sewer' line were opened
)
)
( 4)
D&H Construction Company
American Oonstructors, Inc.
Associates
ern Construction
$93,856.00 total
$106.427.50 total
$114,317.00 total
$88.427.50 total
Max
motion the bids be turned over to the Water' & Sewer Committee and
authority to accept the low bid. Jack Shinall seconded the motion
6-0.
bid was r'eceived on the f'our' (4) 1985 model pickup trucks
and r'ecorded as follows:
Wade Ford
$8,696 each on 1984 models (1985 not available)
$607 less each with 306 engines
a motion the
some
seconded the
and new bids be sent
specif'ications to include
car'ried 6-0.
be opened
and 1985
Bids f'or a Myers MHV7 sewer cleaner were opened, read and recorded
W. W. Williams
Equipment
Enviroquip
$45,744.75
$45,583.00
$44,743.28
56-60 day delivery
]_80 day delivery
90-120 day delivery
Max
with
over
council
to
at
the Water and Sewer Committee
the next meeting. Jim Hawkins
Max Bacon
(copy
also cha;.:lge the
process of
the motion
motion an ordinance be approY<;:d< to establish
made a par't of' these mi;.:lutes 1. Max said this
office for members alreaqy appointed and
which will be a salaried position.
car'r'ied 6-0.
Jim Hawkins made
the Community DevelOPI)1ent
carried 6-0.
the Mayor be authorized to sign
Block Grant program. Hugh Ragan
the new
seconded
~
Jim Hawkins
the DUI Task
motion which carried
motion that $29,500 be
is already a budgeted item.
f'or the City
.James Williams
Williams
. Wolf'f',
be responsible f'or
car'r'ied 6-0.
a motion that the old city
the adjacent property
all legal fees involved.
on North Avenue
understanding
seconded
Jack Shinall tIla.d<;: a motion the minutes of'
. Kathy Brooks seco;.:lded the motion which
9, 1984 be
a motion
the motion
of' July 16, 1984 be approved as submitted.
6-0.
Max Bacon
cars and asked
a meeting with
still receiVing complaints
to contact the managers
Mayor and Council.
tbe Domino
of' the two loca-
(Parks}
year
Shinall said the
Augt1st 9th. Sherry
and invited everyone to
be hosting the State
said this was the
again this
and Di ving
of'
Monday
Drive
of' some
was a good meeting with
Department. There was
they have had.
the bus-
exchange
Morris said
the contest
332 participants in the Summer Reading Pro-
Hugh
said
he
number of' complaints
they change. Hugh asked
cr'eating and asked Chief' Little
gt1ilty.
speeding and
to please
to have his
be
men
Ragan sa.id
$55,935,
of'.
JUly this year, the
The City is
build-
and we have
Jim
statement
in the
R. K.
q.epartme;.:lt
discrimination against the handicapped
program toe;.:lsllre. compliance
been appointed to head the program and
appointed to determine the needs for
INC.
A SUBSIO!ARY OF GEORG!A Fe:OERAL SANK. FSS
20 MARIETTA STREET N.W.. ATLANTA, GEORGIA 30303 .. 404/588-2426
GEORGE W, BRYAN
PRESfDENT
August 24. 198ft
City of Smyrna
clo r1ayor Arthur Bacon
Smyrna, Georgia
RE: Mill Pond Road
Charles J. Jones, Inc.
Dear Sirs:
This letter is written in connection with the acceptance of Mill Pond Road
by the City of Smyrna as a public road.
It is understood, accepted, and agreed upon that for a period of two years
from the date hereof, or until all of the condominium construction projects
fronting on Mill Pond Road shall have been completed, whichever da te occur:,;
first, Charles J. Jones, Inc. will:
(1) cause Mill Pond Road to be repaired from time to time as may become
necessary on account of the operation of construction vehicles thereon
or otherwise; and
( 2)
d to be resurfaced, so as to restore it to as good
ts on the date hereof, upon the expiration of the
cause Mill Pond
condition as ex
Georgia Associated Services, Inc. has designated, and will retain, sufficient
funds in its accounts with Charles J. Jones, Inc. to pay for all the foregoing
road repair and resurfacing.
We appreciate the City's
in this matter.
Yours very truly,
Acknowledged and Agreed:
CharI
By:
GWB:es
- Continued
meeting August 9, 1984 at Smyrna City Hall. Next Coun-
With no further business, meeting adjourned at 9:29 p.m.
********************
August 20, 1984
Council was held August 20, 1984 at Smyrna
at 7:30 o'clock p.m. by presiding officer
r'B were present. Also present was City Clerk
E. Camp, Police Ohief' R. E. Little, Acting
ublic Works Director Vic Broyles, Parks and
1 Defense Director Jim Farley, Assistant City
Inspector' Lar'r'Y Dunn, Libr'ar'ian Doris Morris and
Invocation was
followed by the pledge to the flag.
recognized 30hn Davidson, candidate f'or Boar'd of Education and Prank
e Repr'esentative.
a letter addr'essed to the City Council requesting
to his continuing unfor'tunate illness. The letter
the election commission and arr'ange for a special
aced on the November 4th General Election ballot.
had been absent for 6 months or more from his
ter specified a cer'tain length of time the Mayor
e o_f the Mayor.
Jim Tolleson
war'rants have
Attorney Camp
been running smoothly; checks have been signed,
the day to day pr'oblems have been taken care of'.
can be active as long as necessary.
.James Williams told Mr. Hendry he felt he should have given the Mayor. the courtesy
of contacting him personally about this matter before making a big issue out of it.
a gentleman of honor and dignity. He
with the possibility of losing his lif'e and
use of' his wif'e' s illpess also. He is str'ong in
back much sooner but it took him a little longer
s. However, he did not stay away. He was here
ime he came home f'rom the hospital and did have to
they wer'e in good hands. Mr'. Johnson said he thought
w-ould lead to the turmoil here tonight.
Mr. Johnson's comments. the entire aud.ience gave Mayor Bacon a standing
Shopping Center would be celebrating its 30th
requested apPr'oval to hang a banner O;.:l Cherokee
inter'section for 10 days, to advertise the
the rules be suspended. Max Bacon seconded
1 made a motion the two banners be approved
tion which carried 7-0.
hold a 10 kilometer road
leisur'e show at Cumberland
a.m. Qhief' Little said that only a
could handle it with no problem.
approval to hold a bucket brigate on Satur-
and Hargrove and also Cherokee Road
Dystr'ophy. Chief Little said this would
check
her on
the Smyrna Lions Club
in the Police Department
cory
Store
from the
will be
said he has an
beer or
a motion
7-0.
Holt
Marston Street.
this SUbject and
would like to
then in the
Holt said at
architectural
by the city
a small
is cornpleted,
Shinall
building to
additional
help the
an
him a
cause a
attaChing
the two
depar'tment had
they did not see
a license ror' beer
WindY Hill Road, rormerly
Mr. Cory said he has
himself and his wif'e
old son and was r'eminded
stated the police
be approved. James
sales
Gr'ocer'Y.
business
other emp-
not
was
the
ILf
construct a second building on one
t:hat council had just recently heard
any new inf'ormation which inrluence
if he was going to the same
, did not think they go over' the
meeting he did not have to present
by the Pire also the
'w-i th the exception of Mr .
f'irm and they need When
renovate the existing lease the
the City would be its purpose
the lot. Mr. Holt to leave
thought it would be af'ter it
a bit. .Jack Shinall variances
unnecessary hardship and asked Mr. Holt
said the loss of' revenues by tearing
company and did not see what could
to the new building. The Marshal had
be unattached. Hubert said he did
the bu:tldings be unattached as
wrong with it e:tther way.
..~
.James
and
or cause any undue
they have a drainage
buildings, but it could be worked out.
go ahead
woUld
said he
b,een led to believe it would be in his
reason made a motion it be approved.
2-5. with Hugh Ragan, Kathy Brooks,
A
to
PrankS
at the
Olinic at 1105 Concord Road was dererred
applicant.
approval to use a
Ragan the trailer be
seconded the motion which carried 7-0.
trailer
one year.
W.
at
Kathy
There
commercial building
to bring berore council.
for the antenna tower
s. Jim HaWkins
alternate
would be
were no
submitted by
the committee.
made a
being
7-0.
Hawkins
be used in
All
must have the
I?nvir'oquip be awar'deo
at $45,]_53.21. .Jack
the sewer
the
the Civil
f'ollows:
recently
will be our next
qualirications to apply:
must be a high
21 yea.;J:'s of' age or older'.
or equivalent.
a strong background in all phases of' the fire ser'vice.
a minimum or 7 years experience in the fire service.
no felony in the 10 years prior to his application.
excellent acter as determined by a background investigation
Must be in excellent physical condition.
The following criteria will be used in determining the total score of each applicant:
(1) A review of the applicants history and background with special emphasis on
employment r'ecord.
(2) A written examinatio;.:l be administered to all qualified applicants. This
written examination secured fr'om a nationallY recognized testing service
(3) An oral inter qualiried applicants will be conducted. This inter-
view will cov ts as jOb knowledge, cOllllllunication skills. leader-
ship ability,
(4) The Oivil Service Board will arrive at a total scor'e base on 50% of' the written
50% on oral exam.
(5) ation will to Oity of' SmYr'na employees who take the examination
them 2 plus 1/4 point for' each year' of' service with the
points will be added to their' total score.)
ice Board will rate all qualif'ied eligible applicants according to
re and submit this list to the Smyrna City Council in an open hear'ing,
deration.
said paragraph (4) had been amended f'rom the original requirements of
written and 40% on oral exam to 50% each, and the Civil Service Board
to this change. Attorney Camp also stated that the f'inal test scores
uld not be made public. This information cannot be given in an open
be made available to Mayor and Council, as the employer. Jim Hawkins
the criter'ia be accepted as read with the under'standing that the Civil
accept the two changes discussed tonight. James Williams seconded
ch carried 7-0.
Kathy Brooks made
5th, due to the
f'irst meeting of' September be changed to September
econded the motion which car'ried 7-0.
:t:lts about t
accident there last
at this intersection for
carried 7-0.
said that both he and Hugh Ragan had been r'eceiv-
ction or Lake Drive and Brentwood, and there was
.Jim Hawki:t:ls made a motion a 3-way stop sign be placed
a 90 day trial per'iod. Hugh Ragan seconded the motion which
said
about what it will cost
ter'm was up, that he
would not be a candidate after
response to the letter presented by Walt Hendry earlier,
thought he would see the day that someone would ask him
if he had of'fended anyone by a remark he made to Mr.
had been sick, and when his wif'e got sick he just could
as soon as he would have liked. He actually came back
and his doctor advised him to take 2 months off.
not be a burden to the City. If' Mr. Hendry is worr'ied
ted to assure him tl1.at if he r'esigned bef'ore his
f'or the election himself. Mayor Bacon also said he
this term, but he had no intentions of resigning.
well as the entire council expressed their sympathy to the family
who passed away last week. Jim Tolleson said he did a lot of' good
had its best interest at heart.
(Water) Max Bacon said the Stephens Street sewer line installation had been awarded
to J. E. Lovern Constr'uctian but construction is being delayed due to condemnation
proceedings on the Dennie Stone and Barbara Towns pr'operty.
had contacted the managers of' bath Dominos Pizza
d that the State had alr'eady filed complaints about
has written a letter to all employees warning
both managers to see that this is adhered to.
Willouise Spivey meet tomor'row with Mr. Durham, Oler'k
and the Chiefs of the Police and Fire Departments to
election to fill the unexpired term of Earle Cochr'an.
(Parks),
bu t King
a
all
the
Street a;.:ld .Jonquil
middle of' October.
with the lights staying
fr'om the control boxes
only.
stated
will be open
:fqpgpil Park
tomorrow,
will be f'or
'Would begin Septemoer 5th and also
their activities.
Jack
in
expr",ssed his appreciation to Chief' Little f'or' their extra ef'f'orts
South Cobb Plaza.
resident
had recently done
City f'irst and asked
to do any grading,
gradi;.:lg
con-
require
Broyles about
they were tied ppt-qd;3S
the curbing tomor'roW.
curbing in her ward that been com-
on a water line break on Ooncord Road but
Hugh
when
everyone that school starts tomorrow and to be extra caref'ul
With no
business, meeting a<;ijour'ned at 8:42 p.m.
WILLOUISE