02-21-1983 Regular MeetingFebruary 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.
J. J. J. J..L J..r. J. J..r. J..r. J. J..y.r..r..r. J..r..r..1..4.r.
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
February 21, 1983 - Continued
of the lot showing the dimensions, and size of the house to be
relocated. The house has 1140 square feet, with aluminum siding.
Mr. White said it will be as large as any other house on the street,
except for three, and will meet all building codes required by
the City. Jim Hawkins asked Mr. White if there was any reason this
had to be acted on tonight since it was not on the agenda and had
not been posted. Mr. White said he wanted to purchase the house
and needed a decision before the next council meeting. James Wil-
liams made a motion the rules be suspended, seconded by Jim Tolle-
son. Vote on the motion carried 7-0. James Williams then made a
motion that approval be granted to move the house as requested
with the understanding that all requirements of the ordinance be
met. Jim Hawkins seconded the motion. Jack Shinall reminded Mr.
White that it would be necessary for him to purchase his water
meter, garbage can, etc. from the City. Vote on the motion carried
7-0.
Proclamation: Mayor Bacon said we had one of the finest Civil
Defense Departments in the State, and read a proclamation for Tor-
nado Preparedness Week. Mayor Bacon told Civil Defense Director
Jim Farley he would present the proclamation to him following the
meeting.
Validation of Signatures: Attorney Charles Camp read an applica-
tion for annexation to the City as follows:
We the undersigned, who constitute sixty percent (60%) of
the electors resident in the area described below and who
constitute sixty percent (60%) of the owners of the land area
by acreage of the area described below, which is unincorpor-
ated and contiguous to the City of Smyrna hereby apply to
have said area annexed into the City of Smyrna under the pro-
visions 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 Land Lot
706 of the 17th District, Cobb County, Georgia and being more
particularly described as follows: BEGINNING at the common
intersection of Land Lots 663, 664, 705 and 706, and running
thence in a northerly direction 238 feet more or less to a
point, thence running easterly 641 fei�.tmore or less to a point,
thence running southerly 213 feet more or less to a point
at the intersection of the common land lot line of Land Lots
706 and 705, thence running westerly 641 feet more or less
to the POINT OF BEGINNING, being further identified as Parcel
2 on the attached plat entitled Exhibit "A", and being known
as the Boone Property.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND 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/HENRY G. ATKINS & IRIS LEE ATKINS
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/ANNE Q. BOONE
James Williams made a motion the signatures be validated and the
date of public hearing be set for March 14, 1983. Jim Tolleson
seconded the motion which carried 7-0.
Validation of Signatures: Attorney Charles Camp read an appli-
cation for annexation to the City as follows:
-A We the undersigned, who constitute sixty percent (60%) of
the electors resident in the area described below and who
constitute sixty percent (60%) of the owners of the land area
by acreage of the area described below, which is unincorpor-
ated and contiguous to the City of Smyrna, hereby apply to
have said area annexed into the City of Smyrna under the pro-
February 21, 1983 - Continued
visions 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 Land Lot
706 of the 17th District, Cobb County, Georgia, and being
more particularly described as follows: BEGINNING at the
common intersection of Land Lots 662, 707, 706 and 663, and
running thence in a southerly direction 1,070 feet more or
less, along the common land lot line of Land Lot 663 and
706 to a point, thence running easterly 641 feet more or less
to a point, thence running northerly 1,087 feet more or less
�..o to a point at the intersection of the common land lot line
f of Land Lot 706 and 707, thence running westerly 641 feet
more or less to the POINT OF BEGINNING, being further identi-
fied as Parcel 1 on the attached plat entitled Exhibit "A",
and being known as the Atkins Property.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND 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/HENRY G. ATKINS & IRIS LEE ATKINS
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/HENRY G. ATKINS & IRIS
LEE ATKINS
James Williams made a motion the signatures be validated, and the
public hearing be set for March 14, 1983. Jim Tolleson seconded
the motion which carried by a 7-0 vote.
Mayor Bacon .said the annexation request by Morgan A. Patillo for
property in Land Lots 703, 812 and 844 would be tabled to a later
date as the legal description of the property had not yet been
submitted.
Variance: Lifestyle Communities, Inc., requested a variance for
their proposed new development on Matthews Street on the lot width
for end units from the 30' required to 241. Mr. S. L. Leveto pre-
sented preliminary plans for development and said the reason for
the variance was to allow him to build some ranch -style units which
would be 2-unit buildings rather than have all 2-story townhouse
units. Mr. Leveto said he could develop the project without the
variance but would like to build as many 2-unit buildings as possi-
ble. If the variance is granted, Mr. Leveto said it would not change
the density at all and they felt the 2-unit buildings would be
much more desirable. Jack Shinall asked how many units he would
need a variance for, and Mr. Leveto said he would need the variance
on the project as a whole. Until construction begins they cannot
tell how well the ranch -style units will sell. Jim Tolleson asked
if council could grant a blanket variance since they did not have
the exact "plans. Attorney Camp said they could, but they would
need some means of identifying the lots involved. Jack Shinall
said we may as well rewrite our ordinance if we granted a blanket
variance on a development such as this. James Williams asked Mr.
Leveto if there would be any monetary gain involved if the variance
was granted. Mr. Leveto said the only monetary gain would be if
the units sold more quickly, and he felt they would with his plans.
James Williams .said he would like to see the final plans and had
a problem with granting a variance for an entire development. After
discussion and upon the recommendation of Attorney Camp, James
Williams made a motion the variance be granted on those lots where
only 2 units are attached (with zero interior lot line), the minimum
lot width for both units at the setback line shall be 48 feet,
except those lots whose side line borders a street or property
zoned for another classification. Jack Shinall and Max Bacon said
they could not support the motion because it would be changing
the ordinance for one person and it is not clear which lots are
involved in the variance. Jim Hawkins seconded the motion which
February 21, 1983 - Continued
carried 4-3, with Jack Shinall, Elbert Coalson and Max Bacon op-
posed.
Variance: Bob Bourne requested a variance to build an addition
to his home at 2816 Parkwood Road to within 6' of the property
line. Mr. Bourne had a letter from the adjoining property owner,
Helen O. Segers, stating she had no objection to the variance.
Jack Shinall made a motion the variance be granted, seconded by
Max Bacon. Vote on the motion carried 7-0.
Commercial Building Permits: In the absence of Larry Dunn, James
Williams presented commercial building permits and upon his recom-
mendation the following was approved:
(1) Mr. Sanford Phillips requested a permit for construction of
a 60' x 45' building at 570 Cherokee Road for 2 to 4 spaces for
retail stores. Mr. Phillips said this construction will be between
the Saddle Shop and the tattoo parlor, and after construction the
existing house will be torn down. 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
by a 7-0 vote.
Appointment to Civil Service Board: Mayor Bacon said we had 3
fine candidates to fill this position left vacant by Roy Free's
resignation and wished they could all have been selected. The un-
animous decision by Council was to appoint Roland- C. Williams.
Jim Hawkins made a motion Roland C. Williams be appointed to the
Civil Service Board. Sarah Jones seconded the motion which carried
7-0. Mayor Bacon introduced Mr. Williams from the audience and
said he would swear him in after the meeting.
Jack Shinall said that JMERS handles retirement benefits for our
city employees and they have submitted a proposal for disability
benefits to be added to our present plan. Jack said he originally
wanted to have it adopted tonight, but after discussing it with
the Finance Committee, made a motion the disability retirement
benefits for city employees be included in the 1983-84 budget for
approval. Elbert Coalson seconded the motion which carried 7-0.
Reconsideration of Zoning: Jack Shinall stated.that at the November
15, 1982 council meeting a request by James Benton to rezone prop-
erty at the corner of King and Bank Street from R-15 to Limited
Commercial was denied. Jack said at the hearing he was under the
impression that the front door of the house faced Bank Street and
from some of the things he had said, might have led other members
of council to believe the same, and voted against the rezoning
for this reason. Jack said Mr. Benton could not reapply for the
zoning for one year unless it was brought up by a council member
who voted in the negative. Jack said the house does face King Street
and has a King Street mailing address and felt a mistake had been
made in denying the zoning. Jack Shinall made a motion the Mayor
and Council correct the zoning of this property on its own motion
as provided in the City Zoning Code and cause the property to be
readvertised and re -heard both before the Planning and Zoning Board
and afterwards by Mayor and Council. Jack said the property would
be reposted and readvertised and follow all necessary procedures
before a final vote by Mayor and Council. James Williams seconded
the motion which carried 6-1, with Jim Hawkins opposed. Jack also
said he had held a neighborhood meet�inga- concerning the zoning
and only one person came, and he was in favor of the zoning.
Jim Tolleson made a motion the City of Smyrna apply for re -certifi-
cation under the Certified Cities Program. Jim Hawkins seconded
the motion which carried 7-0.
Jack Shinall made a motion approval be given to purchase 100 under-
ground garbage cans, 100 lids and 100 steps at a total cost of
$13,770. Jack said this purchase is necessary primarily because
of new development and the money will be recovered when the cans
are purchased by developers. James Williams seconded the motion
which carried 7-0.
February 21. 1983 - Continued
Change Meeting Dates: Jim Tolleson said that due to the National
League of Cities Conference in March and two holidays this year,
it would be necessary to change three council meeting dates. Jim
Tolleson made a motion the March 7th meting be changed to March
14th; the July 4th meeting be changed to Tuesday, July 5th; and
the September 5th meeting be changed to Tuesday, September 6th.
James Williams seconded the motion. Jack Shinal'l asked that the
July 5th meeting be changed to July llth since he would be out
of town. Jim Tolleson amended the motion to change the first meeting
in July to the llth. Max Bacon seconded the amendment. Vote on
the amendment and main motion carried 7-0.
Request for Bids: Sarah Jones said that $7,000 had been appro-
priated in the Revenue Sharing budget for a vehicle for the Fire
Department. They have found they can get a used car for less than
$7,000 with everything done to it. Sarah said it has been the policy
that if we can negotiate a price on used equipment, to authorize
the purchase without requesting bids. This is a 1982 Ford Fairmont
at Wade Ford, and they cannot hold the car long enough for us to
go through the bid process. Sarah said the committee recommends
that the Fire Department be authorized to negotiate the purchase
of this vehicle and made a motion it be approved. James Williams
seconded the motion which carried 6-1, with Max Bacon opposed,.
Sarah said the new car would be used by Captain Tidwell and the
other cars swapped around in the department.
_I
Sarah Jones said we have 5 new police cars which will be delivered
shortly and there is certain equipment that will have to be pur-
chased before they can be put into service. Sarah said we are locked
in to Motorola equipment and we have received a price for radios
from them which will be good through the end of this month. The
committee has met and recommends the radios be purchased so the
cars can be put into service right away. Sarah Jones made a motion
the purchase be approved to be paid from the Contingency Fund and
budget. Jack Shinall seconded the motion which carried 6-1, with
Max Bacon opposed. James Williams said Motorola is slow on delivery,
and would like to see that they are held to the delivery date.
Committee Reports: (Finance) Jim Tolleson said a schedule for
the 1983-84 budget has been made and a copy distributed to all
department heads. Jim said governmental accounts are now eligible
to draw interest on checking and we will be sending letters soon
to all Smyrna banks asking for proposals.
(Library) Doris Morris said that Faith Watts with the Cobb Exten-
sion Service would be at the Library for the next several weeks
from 6-8 p.m. Doris also expressed her appreciation to the First
Baptist Church in giving permission for the City to make steps
to adjoin the two parking lots. Also, State and Federal tax return
forms are still available.
(Water) Jack Shinall thanked everyone who had called and sent
cards following his automobile accident 2 weeks ago.
Jack said the Water Department has been concentrating on replacing
stopped meters and contrary to opinion, meters do not speed up,
they slow down. There are 160 stopped meters and 51 covered, and
they plan to replace them all very soon. Also, March is cleanup
month and we will have extra trash trucks working on the weekends
so tht all extra trash can be picked up.
Mayor Bacon asked Vic Broyles for a report on the problem we are
having with pulpwooders. Vic said that in many cases, pulpwooders
are being hired to cut down trees in someone's yard and leaving
the tree and limbs for the City to haul off. We do not have the
time or manpower to clean up big jobs such as this, and it has
to stop. The cleanup during March will not include trees that have
been cut down. Jack Shinall said that we not only could not do
it, but we would not. When trees are cut down it is the pulpwooders
responsibility to haul them off.
Jack Shinall said the Sewer System Evaluation Study will begin
very shortly. The first phase will be smoke testing and everyone
February 21. 1983 - Continued
will be notified beforehand, and we will try to get as much news
coverage as possible.
(Civil Defense) Jim Farley reminded everyone that we will have
a State-wide tornado drill on March 2nd, with March 4th the alter-
nate date in case of bad weather. The drill will be during the
daytime hours and the outdoor warning sirens will sound.
(Police) Sarah Jones asked Chief Little for a report on the DUI
Task Force. Chief Little said the task force is being operated
under a State grant and we will be reimbursed for 70% of the cost
for equipment and manpower. There are six departments in the County
participating in the force, with 7 personnel involved, divided
into two squads. In order to be handled equitably, the County has
been divided into 15 quadrants with a schedule assigned for each
quadrant. So far, we have had 25 DUI cases and 75 other cases tried
within Smyrna with anticipated revenues of $6,000, since December
6, 1982. Within one year's time, he felt the operation would more
than double the cost of salaries for the individual we have assigned
to the force. In addition, there has already been purchased $19,342
worth of equipment, which at the end of the year will revert back
to the City. In addition to the revenues derived, we will actually
gain about $42,000 worth of service and equipment.
Mayor Bacon said Pasadena Boulevard is still unpaved and felt the
work would resume the early part of next week.
Also, the easements have been signed, with the exception of two,
for the replacement of the Willowbrook, Highview and Deerwood lift
stations. These two outstanding easements should be received in
the near future.
Mayor Bacon said the survey for the Woodland Arms lift station
removal has already been done and Mr. Camp is working on the legal
documents to obtain the necessary. easements. Mr. Camp said they
were being typed and would be ready soon.
With no further business, meeting adjourned at 8:45 p.m.
UR T. BACON, MAYOR WILLOUISE C. SPIVEY, ITY CL
S E. TOLL SON, WARD 1 MAX BACON, WARD 2
MES WILLIAMS, WARD
Ae swo. ~ .N PA/420:�
OATH OF OFFICE
I, Roland C. Williams , do solemnly swear that I will well and
truly demean myself as a member of the Civil Service Board for the
City of Smyrna and that I am eligible under the Act to serve on
this Board, and that I will faithfully enforce the rules and regu-
lations of the Civil Service Act and all other applicable laws to
the best of my ability, without fear or favor, and in all my actions
as a member of the Civil Service Board, I shall act as I believe
will be in the best interest of the members of the Civil Service
Actr_and the City of Smyrna, so help me God.
This, the 21st day of February, 1983.
I hereby certify that on February 21, 1983, I administered the
within and foregoing oath to Roland C. Williams.
This, the 21st day of February, 1983.
a,,t� �4
Artnur acon, Mayor
City of Smyrna
February 10, 1983
F
To: Mayor and Council
From: Bob Bourne
We are hereby requesting your consideration in granting me a variance
to build an addition onto my home at 2816 Parkwood Road to come within
six (6) feet of the sideyard property line.
Attached please find a letter granting my neighbors permission on
this variance.
Respectfully,
Mrs. Bob Bourne
�8 aei1 �12$�. �.o w.e�