July 6/20, 1981 Council Meeting
July 6. 1981
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on July 6. 1981 at City Hall in Smyrna. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were
present. Also present was City Clerk Willouise Spivey. City Attorney Charles Camp.
Police Chief R. E. little, Acting Fire Chief Hubert Cochran, Assistant Public Works
Director Jim David, Parks and Recreation Director Bill Johnston, Civil Defense
Di rector Jim Farley, Buil ding Inspector Dan Steely and representati ves of the press.
Invocation was given by Councilman Jim Hawkins. followed by the pledge to the flag.
Betty McLain, coach of the Smyrna Jonquils girls softball team presented a plaque
to Mayor and Council from their team which was 4th division runner-ups for 1981.
Citi rs said the District II Pony League area tournament
wou rk and asked permission to charge admission to the games
of $1.00 for adults and 50~ for children. Also, they would like to block off
Sanford Place during the tournament. Jack Shinall made a motion that Sanford Place
be closed from July 6th through July lath, from 4:30 to 10:30 p.m. Elbert Coalson
seconded the motion which carried by a 7-0 vote. John Steely made a motion the
association be allowed to ask for donations for admission. Jim Hawkins seconded
the motion which carried by a 7-0 vote.
Jack Shinall made a motion that item #10 on the agenda be heard at this time.
John Steely seconded the motion which carried by a 7-0 vote. A representative
from West lumber Company was present and asked that their request for a variance
from the sign ordinance be postponed to July 20th. Jack Shinall made a motion
the request be tabled, seconded by Jerry Mills. Vote on the motion carried 7-0.
Recorder's Court Appeal: Steven A. Sandmann appealed the decision of Recorder's
Court where he was found gui 1 ty of shopl i fting. ftlr. Sandmann was sworn by Attorney
Camp, along with the arresting officer Brent Randolph. for Rich's Security. Mr.
Sandmann said he was not guilty; he had carried a box from a display on the upper
level of Rich's that was marked "slow cooker" and carried it downstairs to the
door at the mall entrance. He wanted to purchase a crockpot and took the box down-
stairs for his sister-in-law to look at it and see if it was the right one. He
was standing inside the door when Officer Randolph apprehended him and charged
him with shoplifting. When he was searched~ he had a lot of receipts for items
he had already purchased that day. Mr. Sandmann said his car was parked on the
other side of the building~ and if he had intended to steal the cooker he would
have exited from the other door and not into the mall. He was not informed of
his rights at the time of the arrest. the officer waited until they went into
the security room. Attorney Camp read a portion of the Georgia Code pertaining
to shoplifting and said he thought it was incumbent upon him to inform the Mayor
and Council that although Mr. Sandmann had not left the store, the intent of shop-
lifting was determined by the location of the suspect~ what he had in his possession
and in what manner he was conducting himself with that possession. In this case.
it would be up to Council to make that determination. Officer Randolph said he
followed Mr. Sandmann to the housewares department and at that time he was with
two other men. The other two men left and at that time he saw Mr. Sandmann remove
the cooker and go to the lower level. Officer Randolph said he waited until he had
passed through the inventory control pedestals before stopping him. He had orig-
inally been called to the drug area of Rich's where Mr. Sandmann was attempting
to return a backgammon set. and followed him to his car and back into the store.
Officer Randolph said he normally waited until the suspect was out the door before
making an arrest. but he knew there were two other gentlemen with Mr. Sandmann
and did not think it would be wise to let him get out the door. Jim Hawkins said
he had serious doubts as to whether or not Mr. Sandmann had intent to steal the
merchandise. and made a motion the decision of Recorder's Court be overturned.
Jerry Mills seconded the motion which carried by a 4-3 vote. Jim Tolleson, Jerry
Mills, Jim Hawkins and John Steely voted for. Elbert Coalson, Jack Shinall and
Max Bacon voted against.
Jim Tolleson made a motion the appeal of Recorder's Court by Janice N. Edgar be
heard July 20.1981. Max Bacon seconded the motion which carried by a 7-0 vote.
Eve Windham requested rezoning of property located in land Lots 528
located on King Springs Road, from R-20 and RM-12 to RD. Charlie Jones
okesman for the zoning request and there were several in opposition.
said this was a down-zoning for the construction of 68 units ranging
from $82.000 to $92.000 and renting for $425 to $475, plus utilities.
neeris Paul Lee and he is working with city officials with the water
problem. They expect to spend $67,000 for storm drainage and paving. Mr. Jones
Continued - July 6,1981
said he could actually build more
and could see nOTeason to ask for
than proposed under the existing ordinance
ances later.
Bel , a resident on
prob ems and the increase of
Road expressed concern with drainage
c congestion.
Bob
was
hood
asked
Ashwood Dri asked about the buffer zone whi ch woul d be
to Ashwood Mr. Jones said there would be a 30' buffer
could be left. would be.
3625 Hickory Circle said he did not object to the opment but
of the possibility of opening Twin Oaks Drive. and the neighbor-
not handle the traffic. Mr. Arnold said some of the residents had
about installing a fence well as a buffer and asked Mr. Jones if he could
their request. Mr. said he could understand and
install a chain-link s the end of the property at Twin Oaks
prevent the influx of c from King Springs Road.
lins of King Springs Road asked if the developer was not required to
Oaks Drive with his vision. by ordinance. Mr. Jones said the
did require that roads be tied together when developing a sub-
thi s property is in the ci ty 1 imi ts of Smyrna and the Ci ty does not
rement in their code. Ms. Collins said King Springs Road was already
and felt Twin Oaks Drive should be opened up to alleviate the added
discussion Max Bacon made a motion the rezoning be approved
stipulations: (1) Ingress and egress only into a cul-de-sac
; (2) widen street at King Springs Road; (3) storm drain; (4
on the side of King Springs Road; and (5) install chain-link
an iron pin beginning south 89 degrees 39.08 feet east.
plat. Jerry Mill s the motion whi ch ca rri ed
and Zoning Board h ly recommended this rezoning
lot 1 3
vote.
be approved.
Johnson requested rezoning of property located in Lots 777 and
to RT for construction of townhouses, property being located behind
There were severalin opposition to the rezoning. Mr. Johnson said
build fee-simple townhouses, which would look like single-
with two units to a building. The price range would $47.000 to
e smallest unit would be 1080 square feet.
residents of Farmstead who were concerned with ing
buffer zones. They fel t that when the street it
to their on the back. Jerry Mills said when Farm-
ilt had been granted a variance to al them to
, which was then a dedicated street. Max Johnson
the curbing on Park Street toward the end units
onto r property. His plans up
8 feet aWay the property lines. Mr. ex-
between the City and Homeland Properties improve-
to the road and park. One of the residents that trees
as a buffer along the roadway after it is completed. Jim
t that could be worked out with the developer. A petition
leson with signatures of Farmstead owners opposed to the
from Rollingview Subdivision spoke in opposition, and felt the
development would decrease the value of their homes. After discussion
made amotion the rezoning be granted. which was also the recommen~
Planning and Zoning Board. Jim Hawkins seconded the motion which
carried by a 7-0 vote.
Mayor Johnson read a 1 etter from Max Johnson requesting that
ance request Lots l-A and l-B, Falling Waters, be withdrawn.
McDonald'
feet, for an
the building in
a motion the variance
carried by a 7-0 vote.
Road requested a yard setback
the existing building. This addition
th other businesses on the street. Elbert
Jack Shinall seconded the motion
An
locate
Steely made
Road at
that property located in
annexed and become a part
381 and
7. th e
Continued - July 6. 1981
legal description having been read and made, a part of the minutes from the June 15th
council meeting. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Bid Openings: (1) Bids for 28 1500-watt metal halide floodlights for Cobb Park
were opened. read and recorded as follows:
Smyrna lighting & Electrical Supply
Mayer Electric y
E. Sam Jones, Dist butor
All-Phase
$5.849.20
$5,506.76
$7.473.00
$5.320.00
$5.600.00
$4.573.24 less lamp
$4.4BO.00 less lamp
$4,732.00 less lamp
John Steely made a mo
award to the lowest b
the bids be referred to committee with authority to
r. Max Bacon seconded the motion which carried 7-0.
(2) Bids for installation of floodlights at Cobb Park were opened, read and
recorded as follows:
AAA
l&l
ectrical Cont. & Eng.
ghting Maintenance
$3.800
$3.250
John Steely made a motion the bids be rejected and re-bid. Jerry Mills seconded
the motion which carried by a 7-0 vote.
(3) Bids for unit prices on curbing were opened. read and recorded as follows:
H. M. Braswell Contracting:
1518 L.F. 24" curb & gutter - $1.85 l.F.
Concrete driveways - .48 Sq. Ft.
Quarles Contracting Inc.:
100 L. F. OR
LESS IN ONE
lOCATION
$8.30 L. F.
8. 65 L. F .
9.15 L.F.
9.40 L.F.
9.80 L.F.
8.75 L.F.
9 . 40 L. F .
7.95 L.F.
8. 70 L. F .
OVER 100 L. F.
IN ONE
lOCATION
$7.05 L.F.
7. 20 L. F.
7.35 L. F.
7.80 l.F.
7.95 L. F.
7.20 L. F.
7.45 L. F.
6 . 30 L. F.
6.90 L. F.
2.15 S.F.
2.45 S. F.
2.95 S.F.
MACHINE CURB
OVER 500 l. F.
$4.75 L.F.
4.95 l.F.
5.80 l.F.
6 . 60 L. F .
6.95 L.F.
6"x9"x24" roll curb
6"x12"x24" "L" curb
6"x12"x30" "L" curb
B"x14"x24" "l" curb
8"x14"x30" "l" curb
6"x12" header curb
6"x18" header curb
4"x4" sidewalk
4"x5' sidewalk'
4"' driveways
6'" dri veways
8" driveways
Max Bacon made a motion the bid be awarded to H. M. Braswell. Jack Shinall
seconded the motion. Max amended the original motion to state that curbing on
lee Street be included with the bid. Jim Tolleson seconded the amendment. Vote
on the amendment and main motion carried 7-0.
Elbert Coalson made a motion the following vehicles and equipment be declared
surplus. effective July 10. 1981:
1978 Ford lTD. #BU63C156926
1978 Ford LTD, #8U63C156927
1977 Ford lTD. #7B63C281801
1973 Ford Torino 2-Dr.. 4A25Q190134
(1) Burroughs 700 Computer (damaged by fire)
(1) Street Sweeper
Fi re: 1974 Ford. #4H27Q153809
Parks: 1972 Ford Custom, #3U53N137815
1976 Pontiac Sedan.
#2029Z7P277972
1965 Chevrolet Bus.
#S6725S224583
Jack Shinall seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the surplused equipment and vehicles be sold at
public auction at the Police Station on Saturday. August 1st at 10:00 a.m. Jack
Shinall seconded the motion which carried by a 7-0 vote. Mayor Johnson said he
th t we could ma profit on the street sweeper by selling it for
sc and after discussion i as decided to hold off on the sale of the sweeper
city attorney could advise council on the legality of scrapping this
ment. . .
Conti nued - July 6, 1981
Jim
by addi ng
15, 1981.
a motion that the Code of of
to be numbered 1001 M (6) into
na1l seconded the motion which carried by
a 7-0 vote.
Jim Hawkins made a motion the minutes of June 1, 1981 be approved as submitted.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
made a motion
seconded the
of June 15. 1981 be approved as submitted.
carried by a 7-0 vote.
Atlanta Commercial Builders requested a permit for
ce and warehouse space for Wa1 ter Hendry on Concord Road
at a total estimated Gost of $266,000. Plans had been approved by
and Inspections Department. Max Bacon made a motion the permit
Jerry Mills seconded the motion which carried by a 7-0 vote.
Committee Reports: John Steely said that when Plaza Drive was repaved, a big
dip was left in the road and all the.water coming from Sherwood Road is going
into one of the residents yard on Plaza. Vic Broyles estlmated it COUld cost
$800 to correct the problem and John made a motion that $800 be approved from
to correct the drainage problem. Jerry Mills seconded the motion
ed by a 7-0 vote.
E1
an
job they did.
d he enjoyed the 4th of July festivities at. King Springs Park
at Wade Ford and commended the police department for the good
Jack Shinall said he had been out of town, and the garage committee would be
getting together this week to go OVer the unit prices.
there was a dead-end line on Highview Terrace and it is causing
ems with the homeowners at the end of the street. It will cost
water line and Jack made a motion that $2800 be.approved from
this problem. Jerry Mills seconded the motion which carried
7-0
Max Bacon asked when the curbing on lee Street would begin and Vic Broyles said
it would probably be next week, with good weather.
Max said about 3 months ago we had approved a rezoning and ion at
the of Concord Road and lee Street with the stipulation be no
curb cuts onto lee Street. The developer has paved the parki ng the way
to the curb and Max said he has received complaints from several residents about
cars in and out from lee Street. After discussion, Attorney Camp advised
the bui inspector to work with the property owners to see if they could
reach some agreement.
With no further business, meeting adjourned at 10:24 p.m.
************************
July 20, 1981
The scheduled meeting of Mayor and Council was held July 20,1981 at City
Hall. meeting was called to order at 7:30 o'clock p.m. by presiding officer
Mayor Johnson. All council members were present. Also p was City
Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. ttle.
It. Jim Tidwell of the Fire Prevention Bureau, Public Works Director David,
Parks Recreati on Di rector Bi 11 Johnston. Bui 1 di ng Inspector Dan ly, Ci vil
Defense rector Jim Farley, and representatives of the press.
I
by
by Jerry Woodridge from Welcome All Baptist Church, followed
flag.
of Smyrna Da i ry Queen. h
lumber Company in back
approved in their plans
and he was concerned as to
be located. Inspector Day Steely stated that the construction
with the ordinance~ without proper ingress and egress to South
Continued - July 20. 1981
~ and West Lumber Company would have to submit another set of plans to
d by the Inspections Department and Engineering Department. Following
ion, Attorney Camp said the proper course of action would be for West
Lumber Company to show cause to Council as to why their construction should not
be stopped. Jack Shinall made a motion that West lumber Company be notified that
a show cause hearing would be held August 3. 1981, due to incorrect plans regarding
the ingress and egress. Jerry Mills seconded the motion. If the building permit
should be withdrawn, the dispute over the lease would be a civil matter between
Mr. Stoner and Mr. Pressley. Vote on the motion carried 7-0.
Variances: (1) The request for a variance on height and copy area of a sign for
West lumber Company was tabled to August 3, 1981. on a motion from Jack Shinall.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
(2) The request from King Springs Village for a variance of the City Fire Preven-
tion Code. Section 2819-A & B. 2820-B. was withdrawn from the agenda.
Elbert Coalson made a motion the following equipment be declared surplus and sold
at the auction to be held Aug~st 22.1981:
11 Arm Chairs. Metal
1 Large Arm Chair. Wood
1 Executive Chair. Metal
1 loveseat. Metal
1 Rocker (damaged)
5 Metal Ashtrays
Shampoo Attachments for Hoover Cleaner
1 Apeco Copying Machine #1200
1 Apeco Copying Machine
1 Infant Bathinette
1 1954 Jeager Air Compressor #RC-22138
1 1968 Chevrolet Green Stake Body Truck,
6-cylinder. 3/4 ton #C5298A109205
Jack Shinall seconded the motion which carried by a 7-0 vote.
Annexation:. Mayor Johnson said the A~ P. Dodd property which had previously been
annexed was being re-validated tonight, due to failure to secure the signatures
of several people living on the property who were registered voters. The applica-
tion was re-read as follows:
"We the undersigned. who constitute sixty percent (60%) of the electors
resi dent in the area described below and who consti tute 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 1011,1012. said
property to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in the southwest corner of
Land Lot 707. 17th District. 2nd Section of Cobb County, Georgia, containing
10 acres, more or less. and being more particularly described as follows:
BEGINNING at the southwest corner of said land Lot 707 and running thence
north along the west boundary of said land lot a distance of 663 feet to
a stake; thence east through said lot a distance of 663 feet to a rock
corner; thence south through said lot parallel with the west line thereof
for a distance of 663 feet to a stake on south line of said land lot; thence
west along the south line of said land lot, 663 feet to the point of BEGINNING.
WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS ANO SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of 60% of the electors resident in the area described
below: s/SARAH K. WALLS. 2355 Atkins Road; LEONARD P. NORRIS, JR., 2355
Atkins Road; DENISE N. & RICHARD H. TURNER. 2335 Atkins Road.
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 60% of the land area above described by
acreage: s/A. P. 0000"
Jim Tolleson made a motion the signatures be validated and the date of public
hearing be set for August 3. 1981. Max Bacon seconded the motion which carried
by a 7-0 vote.
M. Eugene Barnes requested annexation of property located on Pat
The application was read as follows:
"We the undersigned, who constitute sixty percent~ (6.0%) of the owners of the
-~""'-''c,
^"'-,
land area acreage of the area described below, which is
Gorrttgl.lOus to the Ci , hereby apply to have
the City of Smyrna provisions of the Code of
69-904 through (Georgia laws, Acts 1966,
3; 1971, 399; 1976, Pages 1011, 1012; said property
described as follows, to wit:
annexed
Annotated,
,410,411,
annexed
All that tract or parcel of land lying and being in land lot 348. 17th
District, Cobb County, Georgia.. as shown on plat recorded in Plat Book 33,
Page 12, Cobb County Records, and being more particularly described as
follows:
BEGINNING at a point on the southerly side of Pat Mell Road 552 feet easterly
from the intersection of the southerly side of Pat Mell Road and the easterly
side of Kennesaw Way as along the southerly side of Pat Mell Road;
running thence southerly 161. to a point; thence westerly 70 feet to
a nt; thence southerly 116.8 feet to a point; thence northeasterly 102.9
to a point; thence continuing northeasterly 62 feet to a point; thence
continuing northeasterly 43.4 feet to a point; thence northerly 202 feet
to a point on the southerly side of Pat Mell Road; thence westerly along
the southerly side of Pat Mell Road 94 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THE! R HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
\lJitness the signature of the record title holders of the fee simple title.
or his representative. of 60% of the land area above described by
acreage: s/M. EUGENE BARNES"
Elbert Coalson made a motion the signature be validated and the date of public
h for August 3. 1981. Jerry Mills seconded the motion which carried by
a 7-0 vote.
to ask
Janice N. Edgar was present to appeal the decision of Recorder's Court
was found guil ty of speeding, 55 MPH in a 40 MPH zone. 1'1s. Edgar and
officer Marvin Houston sworn by Attorney Camp. Ms. Edgar said
stopped, Officer told her she was doing 63 in a30 mile zone.
had not been in any :;50 mile zone; she had just left her home on
went out Concord to Spring Road where she was stopped at Hargrove
was 9:00 a.m. traffi and said it was simply a caSe of mistaken
the gray Impala he saw speeding was not hers. Officer Houston told her
was improperly registered and asked if she owned a 1981 Ford. She
d not; they owned three cars but none of them were Fords. Shortly
stopped, another police car arrived and parked in front of her car.
had been detained 30 minutes and told the officer that if
fined to go it, because she needed to get to work.
she had never c violation and the only reason she came
Council to be fair and refund her $30 and remove the violation from
she did not think She should take blame for something she didn't
when she went to court the judge did not give her the opportunity to
explain her side of the story.
do.
speak
Officer Houston said when he stopped at the 1 ight on Spring Road at Ci;1mpbell Road
there was a silver Chevrolet directlY in front of him and when the light turned
green. he began to routinely clock the vehicle. Ms. Edgar was clocked at 55 to
58 MPH. He stopped her at Spring and Hargrove and explained why she been stopped,
and also told heT there was a problem with the registration on the , which
came back as being registered to a Ford. Officer Houston said there was no delay
and would verify that he 9 minutes on the call. Ms. Edgar's tag
was.a Guard tag and a of times there are problems with these tags
transfer with the He told her the registration problem was
at seri ous and it was probably a computer error. The other pol ice car
that arrived was the zone car and he pulled up for probably one minute to ask if
everything was okay. which is routine. Officer Houston said he was directly behind
Ms. Edgar but she probably did not realize it was a police car because he had the
blue light on the dash instead of light bars on top of the car.
discussion, Elbert COalSQJlmade a motion the decision of Recorder's
eld. Jim Hawkins seconded the motion which carried by a 6-1 vote.
voted aga ins t.
re)
ng about
said another fireman had resigned. and we
some of the vacancies in that department.
(Employee Benefits) Max Bacon said it was about time to bid the employee's
Continued - July 20, 1981
health insurance and suggested we form an employee's insurance committee. This
would be one employee from each department and they would sit in with the Benefits
Committee to help them decide what type insurance we want for next year. Max
made a motion that an employee's insurance committee be formed. John Steely
seconded the motion which carried by a 7-0 vote.
(Water) Jack Shinall said there have been several incidents lately where by-pass
valves have been turned off on some of the large water meters and it is possible
that millions of gallons of water have gone through without being billed. Jack
asked Attorney Camp if an ordinance could be established allowing us to convict
anyone illegally turning off these by-pass valves. Jack asked Attorney Camp to
review Section 22-7 of the Code of Ordinances pertaining to customers illegally
turning water on after service has been terminated to see if it would be sufficient
for this situation. and to re-write the ordinance if necessary.
Jack Shinall said there would be a Garage Committee meeting Monday at 5:00 p.m.
to review the bids on tires and service.
Jerry Mills asked when the Parks budget would be reviewed again and was told by
John Steely that it would be ready by next Council meeting.
Mayor Johnson reminded Council of the meeting Wednesday at 5:30 to review the
Revenue Sharing budget.
Meeting adjourned at 8:21 p.m.
~ L 2ff:z-naok,
x~~~"ier;!l!'X~~4C~
2120 Murrary Circle,SW,Marietta,Georgia 30064
Ju.1y 22, .198.1
Mayor and Ci ty Counci:!..
cit;y ail:!..
Smyrna, Georgia 30080
I wou.1d .like to express, on beha.1f of the fami.1y, our appreciation
for dedicating Ward Park in C.larence' s memory. The unanimous vote
to rededicate this fie:!..d was gesture in itse:!..r from men and a city
that spoke ror itse:!..f. CLarence thorough.1y enjoyed each and every
year that; he served on city council.. He re.1t his responsibil.ity to
serve was a treasu vilege. Public service meant a great dea:!..
to him and his heLp ~ng a Parks Department was something he
asked no recognition. He was proud to be a part or Smyrna's growth
and deveLopment and enjoyed the associations with the past and present
counci.1 members.
whether it was coaching, work:ing on the f~e.Ld or Just; as a spect;a-cor.
God B:!..ess you aLL.
Thank you again for a:l.:l. those peop:l.e responsibLe for this kind
CLarence wouJ.d he very proud or this honor,
RMC:j