02-07-1983 Regular MeetingFeb ruarl 7,1983
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on February 7, 1983 at Smyrna City Hall. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor;Arthur T. Bacon. All council members were
present except Jack Shinall. Also present was City Attorney Charles E. Camp, City
Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran,
Public Works Director Jim David, Parks and Recreation Director Sherry Reavis,
Librarian Doris Morris,.Building Inspector Larry Dunn, Civil Defense Director Jim
Farley, and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag presented
by Boy Scout Troops 88 and 317, and Cub Scout Troops 244 and 704. Troop Master
Gene McCord introduced members of the troops individually and Mayor Bacon read a
proclamation honoring Scouting Anniversary Week and presented it to Mr. McCord.
Citizen Reports: Sue Brissey stated that Revenue Sharing funds had been appropriated
in .this year's budget for a new fire truck and car for the the Fire Department and
asked about the status of these purchases. Mayor Bacon said we had looked at two
different trucks and have not decided on any one yet. There has been quite a bit
of discussion about joining with Cobb County but Mayor Bacon said he did not believe
that would take place in the near future. Mayor Bacon said the cost of the truck
will range from $320,000 to $36o,000 and we will probably be able to purchase the
truck within the next year.
Mrs. Brissey also complained of the sidewalks on King Springs Road being muddy and
said cars were driving over the sidewalks where there was no curb cut, making a
bad situation even worse.
Mrs. Brissey said there were numerous businesses on Concord Road in violation of
the ordinance by not having their parking areas paved and asked what was being done.
Jim Hawkins said he had sent the building inspector to these places on two different
occasions but we still have not had any response. Max Bacon said there were 10 to
13 businesses on Concord Road that did not comply and they will be notified by letter
to have these problems corrected. Mayor Bacon said we should have a more definite
answer by the next meeting.
Mayor Bacon said that" —Jack Shinall had been involved in an automobile accident this
morning on his way to work and wished him a speedy recovery. Due to his absence,
Jim Tolleson made a motion that items 18, 22 and 23 be tabled to the next meeting.
Max Bacon seconded the motion which carried by a 6-0 vote.
Ordinance Amendment: James Williams made a motion that the ordinance amendment
read at the January 3rd meeting adding the RM-16 classification to the zoning ordi-
nance be approved as read. Max Bacon seconded the motion which carried 6-0.
Rezoning: Alton Curtis represented Northwest Associates, Ltd. in their request
for rezoning of property in Land Lots 704, 705, 736, 737 and 665 from RM-12 to RM-16.
There was no opposition from the audience. Mr. Curtis presented plans for the
development consisting of 88.3 acres. Mr. Curtis said the total acreage of the
property was actually 91.55 but parcel D as shown on the plat was not included in
the rezoning request. Max Bacon asked how many units would be built. Mr. Curtis
said that has not been decided, but it will definitely comply with the ordinance
and 50% of the units will be either efficiency or one -bedroom apartments. Jim
Tolleson made a motion the rezoning be approved as requested. James Williams
seconded the motion which carried by a 6-0 vote.
Reza` oning:7 John Pirtle represented Southern Capital Investments for the rezoning
of'prope'rty on Spring Road in Land Lot 631 for Cumberland Springs Business Center,
Ltd. from General Commercial and Light Industry to Residential Townhouse District'.
There was no opposition from the audience. Mr. Pirtle said they would develop
6.3 acres as fee simple townhouses, very traditional in nature. The units will
range from 1200 square feet to 1600 square feet with the density less than 10 units
per acre. The price of the units will range from the mid-$50,000 to high $60,000.
Mayor Bacon the minutes of the Planning and Zoning Board where they approved the
rezoning unanimously. Mr. Pirtle.said there would be one point of entry on Spring
Road and an exit on Corn Road. Also, they have studied the market and felt this
development would be the highest and best use of the property. James Williams made
a motion the zoning be approved, seconded by Sarah Jones. Vote on the motion carried
6-0. ,.
Privilege License: Barbara Hammett requested a liquor, beer and wine pouring license'
for the Country Club at 1047 Cherokee Road. There was no opposition from the audience.
Mrs. Hammett said they would have live music -and dancing and initially would be
February 7, 1983 - Continued
serving sandwiches, soups, etc. and would go into the full restaurant business
within the next 60 to 90 days, serving lunch and dinner. Max Bacon asked Mrs.
Hammett if she was aware of the 60% food sales requirement. Mrs. Hammett said
she was, but it was not economically possible for her to have the full service
restaurant at this time. Max asked when she would open for business and Mrs. '
Hammett said they were still remodeling and would probably open in 3 to 4 weeks.
Also, there are adequate parking spaces and the owner of the building at the rear
had agreed to let her use the parking spaces there, if needed. Jim Hawkins read
the report of the police investigation which was favorable and said the paperwork
seemed to be in order.and made a motion the license be approved. Sarah Jones
seconded the motion which carried 6-0.
Privilege License: Russell W. Chaby requested a liquor, beer and wine pouring
license for Armadillo's, 3282 South Cobb Drive. Jim Hawkins asked Mr. Chaby what
type establishment this would be. Mr. Chaby said they would be in the restaurant
business and also sell liquor, beer and wine. Their menu will contain everything
from soup and salad to steaks, and they anticipate a heavy lunch business. There
will be no entertainment and will have a small bar with about 8 seats. There was
no opposition from the audience. Jim Hawkins stated the police investigation was
favorable but the application as submitted was not complete. Jim suggested the
application be approved subject to refiling of the amended application as to what
type establishment this would be. Attorney Camp said on his copy he could not
read question #11 concerning the names of the stockholders and informed Mr. Chaby
that if he changed any portion of ownership the City would need to be notified
immediately of such change. Jim Hawkins made a motion the license be approved
subject to the application being completed within the next 24 hours. Sarah Jones'
seconded the motion which carried by a 6-0 vote.
Privilege License: Bobbie Jiles requested a transfer of the beer�-and wine pouring
license for Peking Gardens Restaurant, 2526 South Cobb Drive. There was no
opposition from the audience. Jim Hawkins said the police investigation on Mr.
Jiles was favorable and made a motion the license be transferred as requested.
Sarah Jones seconded the motion which carried by a 6-0 vote.
Residential Business License: Ron Vitucci applied for a residential business
license for his business, "Save-A=Shoe" at 1805 Cedar Cliff Drive. There was no opposition and Mr. Vitucci had a petition from surrounding neighbors stating
they had no objections. Mr. Vitucci said his home would be used for a mailing
address only and at present he has no equipment there. Mr. Vitucci said he
resoles tennis shoes and running shoes for sporting goods stores. Max Bacon
asked if he had read the home occupation ordinance and understood the require-
ments, and the answer was yes. Max Bacon made a motion the license be approved.
Jim Hawkins seconded the motion which carried by a 6-0 vote.
Variance: Wes Elmer represented the new Shoney's on South Cobb Drive in their
request for a variance from the 10 foot setbackJrequired to 5 ifeefy on the ifront �
and':back of the lot to allow for additional paving. Mr. Elmer presented plans
of the proposed construction. There was no opposition and Max Bacon made a motion
the variance be approved. Jim Tolleson seconded the motion which carried by a
6-0 vote.
Variance: Bud Acken of Acken Signs represented Shoney's in their request for a
variance from the sign ordinance. Mr. Acken said he was requesting an increase
in the square footage up to 246 square feet. This is Shoney's standard sign at
95% of their locations and presented pictures of other existing signs. Mr. Acken
said they had mdde-a balloon survey and a sign this size is needed to properly
advertise their business due to the terrain of the land. If the variance •is not
approved it will cause them undue expense to have a smaller version made. Mr.
Acken said the sign would not block the view of any other signs on the street and
would not overpower the landscape. The sign, if approved, would be 50 feet in
height. Following discussion, Max Bacon made a motion the variance be approved.
Jim Hawkins seconded the motion which carried 5-1, with Jim Tolleson opposed.
Commercial Building Permits: Commercial building permits were presented by
Inspector Larry Dunn and upon his recommendation the following permits were
approved:
(1) Shoney's, South Cobb Drive, requested a building permit for new construction
at a total estimated cost of $285,000. Jim Hawkins made a motion the permit be
approved subject to approval of the City Engineer and Fire Marshal. Max Bacon
seconded the motion which carried by a 6-0 vote.
February 7, 1983 - Continued
(2) Askea Electric requested a permit for new construction on South Cobb Drive
at a total estimated cost of $75,000. Max Bacon made a motion the permit be
approved, seconded by Jim Hawkins. Attorney Camp said the plat shows a 32 foot
access easement and the motion should state that the access easement remain private,
and the City not accept any dedication.of the easement. The motion and second were
withdrawn. Jim Tolleson then made a motion the building permit be approved with
the stipulation that the City not accept dedication of the access easement. James
Williams seconded the motion which carried by a 6-0 vote.
(3) Smyrna Assembly of God requested a building permit for new construction on
King Springs Road at a total estimated cost of $320,000. James Williams made a
motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Jim Hawkins seconded the motion which carried 6-0.
Bid Award: Max Bacon stated that bids were opened at the November 1st meeting
for a curb machine and made a motion the bid be awarded to Hamilton Bryant. Max
said they were not actually the low bidder but both machines were demonstrated to
the Public Works Department and they felt this was the machine we need. Jim Hawkins
seconded the motion which carried by a 6-0 vote.
Freeport Tax Exemption: Mayor Bacon said the City's Freeport Tax Exemption was now
at 60% and he felt a 100o exemption should be granted to the proposed industrial
park owned by Woodmere Jacksonville in order to attract more industry to this area.
Marietta and Cobb County are presently at 80%. During discussion it was brought
out that there are only 4 businesses in Smyrna now claiming this exemption,`-hich
amounts to very little. Sarah Jones made a motion that the Freeport Exemption be
approved at 100% for the entire city. Jim Tolleson seconded the motion which carried
by a 6-0 vote.
Street Closing: James Williams said that McGriff Street, runnining parallel with
Brown Circle, has never been opened and made a motion it be properly advertised and
posted to close and abandon the street, with the public hearing to be held the first
meeting in March. Max Bacon seconded the motion which carried by a 6-0 vote.
Appointments to Planning and Zoning Board: Jim Tolleson made a motion that W. C.
McCoy be reappointed to the Planning and Zoning Board representing Ward 1. Max
Bacon seconded the motion which carried 6-0.
Max Bacon made a motion that Dan Scoggins be reappointed to the Planning and Zoning
Board representing Ward 2. Jim Hawkins seconded the motion which carried 6-0.
Jim Hawkins made a motion that Jack Strickland be reappointed to the Planning and
Zoning Board representing Ward 4. James Williams seconded the motion which carried
by a 6-0 vote.
Sarah Jones made a motion that Gene Jernigan be reappointed to the Planning and
Zoning Board representing Ward 7. Elbert Coalson seconded the motion which carried
by a 6-0 vote.
Appointments to Residential Care Facilities for Aged Authority: James Williams
made a motion that his appointment from Ward 3 be tabled to the next meeting. Max
Bacon seconded the motion which carried 6-0.
Elbert Coalson made a motion that James Chastain be reappointed to the Authority
representing Ward 6. Max Bacon seconded the motion which carried 6-0.
Item 18, the appointment to the Civil Service Board was previously tabled.
Jim Tolleson made a motion the minutes of January 3, 1983 be approved as submitted.
Jim Hawkins seconded the motion which carried 6-0.
James Williams made a motion the minutes of January 18, 1983 be approved as sub-
mitted. Jim Hawkins seconded the motion which carried 6-0.
The next item on the agenda, the reconsideration of a zoning request by James
Benton for property on Bank Street az King Street, was previously tabled.
Mayor Bacon said the cost of newspaper advertisements has gotten so high that we
are losing money on our zoning applications and felt the fees should be increased.
James Williams said the average of advertisement cost is running far above the
$125 fee we charge, and made a motion the zoning application fees be increased
from $125 to $250, effective February 8, 1983. Max Bacon seconded the motion which
carried by a 6-0 vote.
February 7, 1983 - Continued
Sarah Jones made a motion the City of Smyrna Police Department require a fee of
$5.00 per person for'all investigative fingerprints made in connection with the
issuance of any license, permit or other cause, except criminal investigation or
where made in connection with an application where an investigative fee has been
paid, to be effective February 8, 1983. Elbert Coalson seconded the motion which r
carried 6-0.
Committee Reports: (Parks) Elbert Coalson said that the City of Smyrna would
host the State swim meet this year from August 10-13. Sherry Reavis said that
last year the meet was held at Milledgeville, and over 2400 swimmers participated.
(Library) Doris Morris said that Faith Watts with the Cobb County Home Extension
Service would be at the Library beginning May 7th for an indefinite period of time
to answer any questions about gardening, and will also accept soil samples for
analysis.
(Finance) Jim Tolleson asked about the possibility of the City of Smyrna creating
their own development authority. De Kalb County is about to develop a 700 acre
industrial park and Jim said he felt we were really missing the boat. The Cobb
County Authority is not helping us and we need to decide if we should appoint our
own authority. Mayor Bacon said he felt we should have our own authority because
if anyone is going to help Smyrna it will have to be our own people. Sarah Jones
said she had met with Ed Salem, owner of the Woodmere Jacksonville property last
week and he has indicated that they have the money to begin initial development
and has engaged a broker to line up prospects. Attorney Camp said the development
authority acts as a tool to obtain the lowest interest rates possible and also to
promote development. Mayor Bacon said the road would be started through this
property very soon and once that is done it will open the door for development.
Kathy Barton with the Smyrna Jaycettes requested permission for a road block on
Cherokee Road at Atlanta Road during U. S. Jaycette Week, to help the handicapped.
Mayor Bacon asked her to coordinate her plans with the Police Chief.
Announcements: Next council meeting February 21, 1983.
Mayor Bacon said he would like to have several committee meetings next week since
the new committees had been assigned.
With no further business, meeting adjourned at 8:35 p.m.
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February 21, 1983
The regular scheduled meeting of Mayor and Council was held Feb-
ruary 21, 1983 at Smyrna City Hall. The meeting was called to order
at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon.
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 Vic Broyles, Parks Superintendent Bruce Bates, Librarian
Doris Morris, Civil Defense Director Jim Farley and representatives
of the press.
Invocation was given by Elbert Coalson, followed by the pledge
to the flag.
Citizen Reports: Sue Brissey asked what had been done about the
businesses on Concord Road that are in violation of the ordinance.
Mayor Bacon said that notices will be mailed to each one and they
will have to comply. Jim Hawkins gave Mrs. Brissey a copy of the
letter to be mailed.
Mrs. Brissey also stated that a new restaurant on South Cobb Drive,
Armadillo's, was already in violation of the sign ordinance by
having a large portable sign on the curb, not permitted. She noti-
fied Gene Golden, City Marshal, and he has already had the sign
removed.
Mr. Milton White requested permission to move a house into the
City to a vacant lot on Highland Avenue. Mr. White said he had
submitted his request on Friday, but apparently it was not in time
to be placed on the agenda for tonight. Mr. White presented a plat