December 6/20, 1982 Council Meeting
December 6, 1982
ting of Mayor and Council was held pursuant to the Charter
City Hall. The meeting was called to order by presiding
Arthur T. Bacon. All Council members were present. Also present was
Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little,
ief Hubert Cochran, Building Inspector Larry Dunn, Parks and Recreation
ry Reavis, Librarian Doris Morris, Parks Superintendent Bruce Bates,
Director Jim Farley, and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
or Bacon stated that Mr. Bill Askea had been detained and his request
ld be heard later during the meeting.
ted rezoning of property at 3573 South Cobb Drive
mercial for an automobile upholstery shop.
e in opposition. Mr. Carlisle, real estate
the opposition were sworn in by Attorney Camp.
s rezoned he would build a concrete block garage
ess, and would like to live in the existing house.
ing request had been withdrawn. Mayor Bacon said
Lusk, representing Mr. Carlisle asking that the
but Mr. Carl isle called today and requesting
im Hawkins said that the minimum lot size for
square feet and asked Mr. Carl isle why council
he did not meet the requirements. Also, the
ously denied the zoning due to the variances
Jerrie Lusk said she was a resident of this
business such as this in her area. Mr. Carlisle
conducted after 10:00 p.m. and she felt it
A representative for the opposition said he
any type business and would not want the property
s commercial, and presented a petition from the
ition. Mayor Bacon read the recommendation of
it was denied due to the excessive variances
ion the rezoning be denied due to the reasons
Board. Jim Tolleson seconded the motion. Jack
motion because he felt council had been granting
motion carried 7-0.
the motion which
zoning of property at 2960 South Cobb Drive from
try. There was no opposition. Mr. Askea said
iness from Ventura Road to this location, and
pace. Mr. Askea said he requested the Light
would be parked outside, and he may have conduit
Shinall asked Mr. Askea if he would take care
to the fact the property is so near the flood
The property abuts mini-warehouses on one side,
Askea said his property is 510 feet from South
frontage, but it would probably be developed at a
recommendation from the Planning and Zoning
al of the zoning. Jack Shinall said there were
this request which should be worked ,out first, and
inued to the next meeting. Jim Hawkins seconded
7-0 vote.
a variance to build a garage within 5 feet of
home at 381 Hickory Acres Drive. Mrs. Daniel's
hey purchased the property there was a one-car
would like to extend it for double car parking.
he adjoining property owner, Gary Reese, stating
motion the variance be approved. Max Bacon seconded
the
7-0.
a variance on height restrictions for an
808 Timberland Street. ,~here were two people
said the tower had be~n in place for
35 feet. About a year ago they 'extended the
was a city ordinance limiting the height.
is hearing could be tabled to allow him time
rning a problem they are having with inter-
contacted by the original person making
with him, and is trying to work out the
bors are having. Jack Shinall made a motion
meeting in January. James Williams seconded
December 6, 1982 - Continued
Commercial bui lding permits
recommendat i on, the fo II ow i ng
Inspector Larry Dunn andl.,/pon his
on
, at
be approved
the motion car
a permit to
$lOO,OOO. Max
of the City Engineer and
story
a
Fire
requested a permit to bui Id a mobi le automatic teller
Center on South Cobb Drive at a total estimated cost of
a motion the permit be approved subject to approval of
Fire Marshal. Elbert Coalson seconded the motion which
LaFiesta Restaurant requested a liquor, beer and wine pouring
Cobb Drive. There WqS no opposition. Jack Shinqll read
Little stating his investigation did not reveqlany factors
wouldprohibitissUqnce of the license. Attorney Frank Gore,
Carlos Hernqndez"owner were present. Elbert Cqalson said
the license/being issued if the restaurant was operated
he had received many complaints about the previouspusiness at
Mr. Coalson asked ,Mr. Hernandez if he would have security guards.
had not anticipateg using security, and did not thInk our
it. Mr. Hernange;z>sajg his family owned three oth~rrestaurants
problems becquseJ:hey are fami ly-type restaurants. The
about one-half the size it is now to expand the dining area
t is to serve food. Mr. Mi lls wi 11 work in the restaurant
agent to hold the pouring license. After further discussion,
a motion the lIcense be approved. Jack Shinall seconded the
ci"lrried by a 7-0 vote.
Davis requested a residential business
970 Cherokee Road, 2-C. Mr. Davis
moiton the request be tabled to the
motion which carried by a 7-0 vote.
three (3)
pursuit vehicles were opened, read and
(EACH)
LARGE SIZE
(EACH)
M
Ni"lll~y Chevrolet
Day's Chev ro 1 et
Wade Ford
$' 9, 808:. 88
$lO,6l2.96
$ 8,940.00
$ 9,657.34
$lO,228.S8
No Bid
(90 di"lY s m in. )
(60/90 days)
(60/90 days)
a motion thebldsbe turned over to the Publ
recommendation back to full council at the
the motion which carried 7-0.
ing.
Bi
laSting and
and recorded
of Church Street and Jonquil Pools were
JONQUIL PARK
CHURCH STREET
Poql P 1 as ter ing
Ti 1 ing
Rep 1 aS,te ring
$l.700.00 $1,275.00
9,922.00 6,966.00
Total... ..$l9.863.00
Park Ind. Welding,
lasting
$l4,795.00 (both pools)
H. Contracting
Sandb 1 as t i ng
$ 7,8l7.00 (both
Will is & W il ey Eng i nee rs ,
?andblasting
Plaster & Tile Work
$10,500.00 (bothpooTs)
$l7,800.00
over to the Parks Committee for
the next meeting. Jack Shinall
a motion
, to be
be requested for an air compr~ss.or for the
next meeting. Jim Hawkins seconded the motion
- Continued
said the Privilege License Committee had met concerning the special
liquor sales and recommended a $1,000 fee for liquor, beer and
and $500 for beer and wine sales only. Jack made a motion these
approved for 1983. Elbert Coalson seconded the motion which carried 7-0.
which
were
after
rates are still lowe
be approved as submit
motion which carried 7-0.
Max Bacon said the Business License Committee
sion of the fee schedule for business licenses,
ears. In addition, several new classifications
ted using the gross receipts taxation but
aring it with Cobb County and Marietta, our
made a motion the business license fee schedule
ve January l, 1983. Jack Shinall seconded the
a motion that Section 402.25 of the zoning
definition of "Fami ly" from one or more
ted ersons occupying a dwelling unit and
t, to three or less unrelated persons. Jack
carried 7-0. Max said we are having a problem
rty in residential neighborhoods and this was the
made a motion that Section 709.7 of the zoning
, upon the recommendation of the Planning and
n for office supply establishments is also con-
classification. Jim Hawkins seconded the motion
Max Bacon made a motion that Section 6-95 of the Code of
in its entirety and replaced with the following:
shall be twenty-five ($25.00) dollars for each
1 sign. Permits shall be limited to a ninety
it, and shall be renewable only after the
r days from the last day of the ninety day
other sign permit is pending or granted within
f the subject permit location, and after payment
ion requirements required hereunder as for a new
Jim Tolleson
which carried by a 7-0 vote.
Ord i nance
the Water
for new water,
as follows:
said that after quite a bit of discussion with
k, it was decided to go back to the deposit system
itation customers and read the proposed amendment
Section 22-4.1.
of Smyrna shall
to require an adv
or corporations r
the City of Smyrn
until the advance
Service. The water department of the City
of passage of this ordinance have authority
from all individuals, partnerships, firms
er, sewerage and sanitation service from
y shall not be obligated to furnish service
been received in its entirety.
A deposit will not
amounts wi II be
the balance w
be paid for
preceding J
annually by th
during January
d until the account is final billed. Deposit
monies due on the date of the final bill, and
to customer as a credit refund. Interest will
or a period of twelve (l2) months or more
each year. The rate of interest will be approved
Interest paid will be applied to each account
date of each year.
A deposit may be ired at the time water service is restored for all
customers whose s ce was disconnected for nonpayment, and who do not have
a current deposit amount on record.
partnership, firm or corporation has failed
the furnishing of water, sewer and sanitation
tment of the City of Smyrna may, when such
in arrears, cut off said utilities and not
until the charges have been paid in their
December 6, 1982 - Continued
<;:orporation who shall turn 01'1, or
after the same has been terminated
<;:onviction, be fined not to exceed $300.00.
deposits for-wqter, sewer and sanitation service<and
as prescribed herein shall be on file with the office of the
Jim
read the recommended fees. for depos i ts as fo II ows :
WATER
SEWER
SANITATION
All residential customers
Commercial customers 3/4"
meters
$25.00
50.00
$25.00
50.00
$ 10.00
50.00
100.00 -
200.00 -
200.00 - 6 Yd.
200.00 - 8 Yd.
t.
t.
Cont.
Cont.
Apartments (per unit):
3.00
3.00
service charge:
i al $ 1 5 . 00
al $25.00
on deposits will
annually at a rate of 1%.
ion from Jack ?hTnqll, Jim said the property owners will
for any unpaId bills. Jim Tolleson made a motion the amend-
fees be apprQved. Sarah Jones seconded the motion which
vote.
motion the 1983 Geqrgia Municipal Association gues in the
be approved for pqyment. Jack Shinall seconded the motion
Max Bacon reqc;lqrequest from Herbert lee and Rqbert Fox,
owners on Ann RQqQ requesting that the abandoned right of
end of Ann ROqdbe conveyed to them. Also, a request by
L. Ri dderthi3t theqbandoned right of wayattl1e south end
conveyed to them. Max made a motion the property be deeded
propert.Y9\i\!n8'rS to share the cost of legal fees involved.
the mot i on wh i ch Cq rri ed by a 7-0 vote.
the Department of Transportation had approved traffic signal-
Road at Bell Drive qnd read a letter from Ken MinChew, developer
ing installation of the light. Mr. Minchew stated funds
avai lablethroughSouth Downs, Inc., as sool'1iasthey were
would 98'iashor-t cycle I ight and would 1 ike<to have it
tmas. JackShinqll said he did not think the Jlght would
on. AlSQ,theqriginal letter from the Sti3te recommended
between Aftonpowl1s and Fall ing Waters which would be an
of correct ingtl1etraffic problem on Bell Drive. Following
Tolleson made amotion the light be approved. JamesWi1liams
which carried 5-2, with Max Ba<;:on and Jack Shinqllopposed.
1 i ams made a mot i on the second meet i ng of January be changed to Tuesday,
due to the Mayor'sDay meeting in Atlanta on January 16th and 17th.
seconded the motion which ci3rried 7-0.
a motion the
seconded the
to show Jim Farley,
seconded theamel1dment.
Elbert Coalson abstaining.
of Novembe r l, 1982 be
Williams amended the mot
Director, as be ing
on the amendment and main
submitted.
correct
ceo
carried
the minutes qf Novembe r 15,
was also an ~rror in the
streets. Th~mrnl.1tes stated
closed and it sh ld h
From Beech Va 11 Ol.l.i aYe been
ey Dr J Ve. After
December 6
82 - Cont i nued
Attorney Camp said if the street closing was improperly posted,
to readvertlse and repost the street at the proper place. Jim
a motion the minutes of November 15th be approved with the exception
of Beec lley Drive at the northwest end. Jack Shinall seconded
ch carri 7-0.
Sarah
really
peration of
Chief Little
said with the increased traffic at the Crossings
problem when cars parked in the fire lanes,
e shopping there to not park in these lanes.
to see that this is strictly enforced.
ah Jones said the Park Rangers would be redirecting traffic on Memorial
e tree lighting on Atlanta Road from 8:00 to 8:15 p.m. on
r 9th, and Sherry nvited everyone to attend.
(Lib
perf
Doris Morris said that December 22nd, puppeteer Tommy White would be
g at the Library at 1:30 p.m.
Jim Hawkins
thought
cars in
than issue
said he a
policemen
fire lanes
a ticket.
no parking should be allowed in fire lanes, but
re considerate for people sitting in their
o pick someone up, and ask them to move rather
(License and Permits) Max Bacon said the game room ordinance would be ready for
approval at the next meeting and thanked everyone in the License and Permit
office for the good job they had done in revi,sing the business license fee
schedule.
(Water) Jim Tolleson read a letter from Lincoln Properties commending Tom
Collier of the Water ent for the good job he did in handling an emergency
situation over the iving holidays.
Jim Hawkins made a
on the floor. Max
rules be suspended to allow him to place a motion
ded the motion which carried 7-0.
n,
66
bid be
paid from the Conti
by a 7-0 vote.
had been requested for reroofing of City Hall and the
id submitted was from Better Industries, Inc. Their
and $lO,942 for the Police Station. Jim made a
ce the roofs are badly in need of repair, to be
Jack Shinall seconded the motion which carried
cements: Fes sic and Tree Lighting on December 9th; Jonquil
kfast sponsored of Smyrna on December l5th; C.M.A. Christmas
meeting on December 15th; next council meeting December 20th.
With no further business, meeting adjourned at 9:02 p.m.
************************
December 20, 1982
The regular scheduled
Smyrna City Hall.
officer Mayor Ar
was City Attorne
. tle, Acting Fi
and Recreat i on
arian Monika Myer
press.
of Mayor and Council was held December 20, 1982 at
was called to order at 7:30 o'clock p.m. by presiding
All Council members were present. Also present
, City Clerk Willouise Spivey, Police Chief R. E.
rt Cochran, Assistant Public Works Director Vic Broyles,
Sherry Reavis, Building Inspector Larry Dunn, Assistant
Defense Director Jim Farley and representatives of the
Invocation was
Hawkins, followed by the pledge to the flag.
a vending machine company owner stated he felt
postage stamp vending machines was excessive and
be set. His sales for one machine in 1982 was
inventoried, and said our new fees would probably
ess in the City. Mr. Rosenfelt said in many areas
per machine and in some states they have waived the
he has about eleven machines in the City. Mayor Bacon
meet with the Business License Committee since they
December 20. 1982 - Continued
Annexation: James Williams made a
Land Lot;>633, owned by Je rry D.
par1:of Ward 3. Max Bacon
thqt property on MatthewsS1:reet in
be annexed into the City to become a
motion which carried 7-0.
James Wi II i ams
in Land Lo.t 633
Tolleson seconded
that the Earl M.
into the City to become
which carried 7-0.
on
of property at 2960 South ive from
Jack Shinall said this was tabled at the
ing several problems with AttQrney Camp,
be changed from Office Distribution to intervening
Commerclglwlth the understanding that be
appl icanttqqllQw storage of wi re reels so they are
on South Cobb Orive, and qlso to allow Mr.
reels.9nQQther mq}Trifl ,that ,,;,,1] 1
r1:y line. Jim Tolleson seconded the motion
clarification of the; change in the classificat
intervening classiflcgtiQn between Office Distri
Camp said councllcQuld drop a zoning classifi
Shinall said1:heproperty to the rear of Mr.
non-buildable. Vote on the motion to. grant the
is requested a residential permit for
Road. 2-C. Mr. Oavis Wqs not present.
ed at the last meeting becql!se Mr. Davis
present tonight, made a motion the request
like the idea of a business being conducted
seconded the motion to deny, which carried
committee had been working on a game room
ng several changes, was ready for
Attorney Camp explained the intent
ordinance be adopted. with changes as
). Jack Shinall seconded the motion
Jack
in confl
a motion that
entirety. Max
there were two sections
Personnel Rules and
dealing with accumul
seconded the motion which
Code of
Hand-
leave be
7-0.
Jack
with
Bacon
of the Code of Ordinances deal ing
ice be deleted in its entirety. Max
7-0.
Bid Opening:
Bids for an ai r
were opened, read and recorded as follo.ws:
"E" Equipment Co.
- Total
B
- compressor
- Hacker GVRl51Y
A I te rnate:
Yamamoto YURD - $1,250
R.S. Armstrong & Bro.
compressor
air tools
- Over-Lowe Model VRA-65 Rqm
turned over to the Street
seconded the motion.
since this equipmen~ is
withdrawn. Elbert
inall seconded the motion
7-0.
James Wi
sin ce the
price is
mot
to
Wade
the
that Wade Ford Was
opened the State
compared toWClde
vehi bles under the
cars, to be paid
to honor the warranty
ed 7-0.
.48.
1982 - Continued
said the Parks Committee had reviewed all bids for repairs to Church
onquil Pools and the low bid for the sandblasting was from R & H
at $7,81 The low bid for replastering, tile work and coping was
from Willis & Wiley a l,180, for a total of $Z8,997 for both pools. Sarah made
a motion these bids be awarded, seconded by Max Bacon. These repairs will be paid
f rom the ba 1 ance of the Revenue Shar i ng funds allot ted to Pa rks, a 11 but $700 of
their money designated for repairs, and the remainder from the General Fund.
Vote on the motion carried 7-0.
Sar Jones said the general liability and property casualty insurance
had en ed and t recommended the Fowler Agency be awarded the
contract. proposal on old evaluations and new evaluations will
have to be made. Sarah said the Fowler Agency has provided fine service in the
past ill be able to do the new evaluations. Sarah made a motion the insurance
be to Fowler on seconded the motion. Jack Shinall asked
if there would be a 1 in the proposal after the new evaluations were
done, and if the addi ould have to be approved by counci L Jack said
he would like to the agreement that if the cost of the evaluation
exceeded ZO% of their additional money would require council approval.
Vote on the motion car
Jim Tolleson made a motion that $7,310.00 be approved for the purchase of 100
underground garbage can units. Max Bacon seconded the motion which carried 7-0.
Atlanta Woodlands Associates, Ltd. and Post Properties
the City to authorize the Housing Authority of Cobb
ects located within the City with revenue bonds
ive until December 31, 1983. Jim Tolleson said
to borrow money at a lower interest rate, and in
o percent of their units available for renting to
bracket. probably $15,000 to $16,000 annually. Jim
Mayor be authorized to sign a letter to the Chairman
Authority giving the City's approval. Max Bacon seconded
O.
cial building
lows:
presented by Inspector Larry Dunn and recorded
King
Road at a
approved sub
Jack Shinall seconded
a permit for new construction on South Cobb Drive at
imated cost of $200,000. Max Bacon made a motion the
royal if the Fire Marshal and City Engineer.
which carried 7-0.
t sys
1983. Deposits
customers whose
(Water) Jim Tolleson reminded everyone that we have adopted
for water sewer customers, to become effective January l,
may als ired for existing residential and commercial
service has been terminated due to nonpayment.
James Williams wished all city employees and citizens a happy and safe holiday
season.
Jim Hawkins said he had
audits be published in
requests from citizens asking that the yearly
r and recommended that we do so in the future.
Jack Shinall wished everyone a Merry Christmas.
(Library) Monika Myers invited everyone to the puppet show on Wednesday, December
2Znd at 1:30 p.m.
Elbert Coalson wished a happy holiday to all.
With no further business. meeting adjourned at 8:l5 p.m.
************************
December 20, 1982 - Continued
WILLOUISE C.