03-14-1983 Regular MeetingMarch 14, 1983
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on March 14, 1983. 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 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, Building Inspector Larry
Dunn, Assistant Librarian Monika Myers, Civil Defense Director Jim Farley, and
representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Citizen Reports: Glen Bickford, a resident of Heritage Apartments said he was
a training instructor for the City of Atlanta Fire Department and a part-time
instructor for the State, and as a citizen was concerned about the equipment
being used by our fire department. Mr. Bickford said he had examined the equip-
ment several times and found the breathing apparatus not safe and our men are
using rubberized clothing which will cause burns. Also, the tires on one of
the engines need replacing now. Mr.Bickford stated he had not contacted Acting
Chief Cochran about these problems. Max Bacon said he felt Mr. Bickford's reason
for bringing this up tonight was to try and embarrass council. Jim Hawkins said
the proper place for him to report these problems would be to the Chief. Mayor
Bacon told Mr. Bickford he would like to meet with him and would enjoy going
around with him to hear his comments concerning our fire department. Mr. Bickford
also said the hoses need to be tested yearly and stamped to show they are up
to date, and the last date he saw was 1974, with one stamped in 1973. After
further discussion, Mr. Bickford said he was asked by an ex -member of the depart-
ment to inspect the equipment and also has 6 affidavits signed by members of
the fire department stating the equipment is obsolete. Jack Shinall said the
fire committee would be glad to look at the affidavits and meet with him. James
Williams said he was surprised because at no time has any member of the fire
department mentioned these problems.
Sue Brissey said she felt council should not question Mr. Bickford's intentions
and thought they should meet with him and listen to his recommendations. Jack
Shinall said that was true, but he should have approached council 2 weeks ago
when this happened, if the problems were so urgent.
Mrs. Brissey also said the sidewalks on King Springs Road are still covered
in mud and no attempt has been made to clean them. Mrs. Brissey asked about
the businesses on Concord Road that were in violation of the ordinance and was
told that letters have been mailed to these people.
Bill Eidson, a business owner on Concord Road said he had received a letter
from the City Marshal but he has had his business at the same location on Con-
cord Road for 27 years and it has never been paved. Max Bacon said he would
like a ruling from the City Attorney on cases such as Mr.Eidson's, but Mr. Camp
said he M not prepared to do that tonight. Mayor Bacon said the City did not
intend to cause a hardship on anyone and Mr. Camp would have a ruling on the
businesses that may be grandfathered by the next meeting.
Privilege License: Jun Ku Kim requested a beer and wine pouring license for
Seoul Restaurant at 10185 Cherokee Road. There was no opposition from the audie-
nce. Jim Hawkins read a letter from Chief Little stating the police investigation
was favorable and asked Mr. Kim if he understood the ordinance well enough to
comply, and the answer was yes. Jim reminded Mr. Kim that if he should be found
in violation that he could not use his not understanding the language as an
excuse. After further discussion Jim Hawkins made a motion the license be ap-
proved. Elbert Coalson said he could not support the motion because he did not
feel that Mr. Kim fully understood our ordinance concerning the sale of alco-
holic beverages. Sarah Jones seconded the motion which carried 5-2, with Elbert
Coalson and Jack Shinall opposed.
Privilege License: Athens Pizza House requested a beer and wine pouring license
for their proposed new location at 3315-5 South Cobb Drive in Concord Square
Shopping Center. Present was David Rowe, with Akins, Flanders & Rowe, James
Peek, applicant, and John Papadopoulos, owner. Mr. Tom Tucker was in opposition
and was sworn in with David Rowe by Attorney Camp. Mr. Rowe said this would
be Mr. Papadopoulos's fourth restaurant and he had never experienced any problems
at the other locations. This will strictly be a family restaurant with beer
and wine incidental to food sales, amounting to approximately 10%. The distance
as required by our ordinance does not meet the requirements from Brown School,
March 14, 1983 - Continued
but Mr. Rowe said it was actually 535 feet from the front door to the school
property line, by the nearest means of travel. He contacted Mr. Jones, the prin-
cipal of Brown School and he had no objections and upon his recommendation con-
tacted Mr. Schoals with the Board of Education, who in turn referred him to
Mr. Sam Whitfield, the board member representing this area. Mr. Whitfield pro-
vided a letter waiving the distance requirements and also asked their cooperation
in planting shrubbery along the back of the shopping center and installing a
metal fence around the back of the retaining wall, which they have already done.
Mr. Rowe said they were willing to work with the Board of Education in any way
they could. Also, the Kroger store at the shopping center sells package beer
and wine and they are actually closer to the school than the restaurant will
be. Mr. Tucker said he was opposed due to the close proximity of the school.
Mayor Bacon read the letter from Akins, Flanders and Rowe requesting the waiver
of the distance requirements. Jim Hawkins said he would like to delay this decis-
ion to give him an opportunity to talk with- someone from the school board, and
made a motion the request be tabled to the next meeting. Max Bacon seconded
the motion. Jack Shinall said these were awkward circumstances but knew it would
be a quality restaurant and would vote with the motion because he would like
to see it worked out. Vote on the motion to table carried 7-0.
Street Closing: James Williams said that McGriff Street had been properly posted
and advertised and made a motion it be closed and abandoned. There was no oppo-
sition from the audience. Sarah Jones seconded the motion which carried 7-0.
Following a. question from the audience, Mr. Williams said this right of way
could be conveyed to the adjoining proprty owners provided they bear all expenses
involved. Mr. Camp said the first step would be for them to acquire a survey
of their land.
Validation of Signatures: Attorney Camp read an application for annexation
to the City as follows:
We the undersigned, 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 provisions of the Code of Georgia
Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages
409, 410, 41l, 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 481 of the
17th District, 2nd Section, Cobb County, Georgia, being the property of
J. T. Bolling as shown on plat of survey by Robert T. Weaver, Surveyor,
dated February, 1961, and more particularly described as follows:
BEGINNING at a point on the southwest side of South Cobb Drive 660 feet
northwest of the northwest corner of Roy Gann Road and South Cobb Drive;
thence running southwest 756.4 feet to a point; thence running north 651.3
feet to a point; thence running east 185 feet to a point; thence running
south 200 feet to a point; thence running northeast 366.7 feet to a point
on the southwest side of South Cobb Drive; thence running southeast along
the southwest side of South Cobb Drive 100 feet to the point of BEGINNING,
said property being improved with one brick and frame house and identified
as 1830 South Cobb Drive, Smyrna, Georgia according to the present numbering
system of houses in and around Cobb County, Georgia.
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 the record title holders of the fee simple title,
or his legal representative, of 60% of the land area above described by
acreage:
s/CECIL PICKENS, PRESIDENT AND GEORGE NEESE, SECRETARY, FELLOWSHIP OF SMYRNA
INDUSTRIES, INC.
Sarah Jones made a motion the signatures be validated and the date of public
hearing set for April 4, 1983. Jack Shinall seconded the motion which carried
7-0.
Validation of Signatures: Attorney Camp read an application for annexation
to the City as follows:
March 14, 1983 - Continued
We the undersigned, 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 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 Land Lots 607 and 618
of the 17th District, 2nd Section, Cobb County, Georgia and being more
particularly described as follows:
BEGINNING at an iron pin located at the intersection of the southwest corner
of Land Lot 607 and the northwest corner of Land Lot 618; thence north
89 degrees 00 minutes east three hundred thirty nine (339) feet to an iron
pin; thence south 15 degrees 43 minutes east ninety six (96) feet to a
point; thence south 16 degrees 39 minutes west three hundred twenty three
(323) feet to a point; thence south 34 degrees 25 minutes west three hun-
dred thirty four and five tenths (334.5) feet to a point; thence south
8113 86 degrees 35 minutes west fifty and nine tenths (50.9) feet to a point;
thence south 86 degrees 23 minutes west nine hundred fifty eight and three
tenths (958.3) feet to a point; thence north 22 degrees 47 minutes west
two hundred ten (210) feet to a point; thence north 88 degrees 10 minutes
east one thousand thirty one (1,031) feet to a point; thence north 2 degrees
29 minutes west five hundred nine and four tenths (509.4) feet to the point
of BEGINNING. Containing 7.8 acres and being shown on plat made by Robert
T. Weaver surveyor dated January 1961.
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 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. KALB, GRACE D. KALB & HANNAH KALB POWELL
Sarah Jones made a motion the signatures be validated and the public hearing
held April 4, 1983. Jim Tolleson seconded the motion which carried 7-0.
Annexation: Jim Tolleson made a motion the Anne Q. Boone property in Land Lot
706 be annexed into the City to become a part of Ward 3. Jim Hawkins seconded
the motion which carried 7-0.
Annexation: Jim Tolleson made a motion the Atkins property in Land Lot 706
be annexed into the City to become a part of Ward 3. Jim Hawkins seconded the
motion which carried 7-0. Jack Shinall said he had just learned the legal ad-
vertisements were not correct and the annexations would need to be postponed.
After discussion, the motion and second for the two annexation requests were
withdrawn and the motion rescinded. Jim Tolleson then made a motion the annex-
ations be tabled to the March 21st meeting. Jim Hawkins seconded the motion
which carried 7-0.
Max Bacon made a motion bids be accepted for removal of the water tower, to
be opened at the April 4, 1983 meeting. Jack Shinall seconded the motion which
carried 7-0.
Max Bacon made a motion that Bank Street, from Atlanta Road to King Street be
closed on April 23rd from 8:30 to 6:00 for the Jonquil Spring Festival. Also,
that approval be given to hang a banner advertising the festival on April 8th,
to be removed on April 20th. James Williams seconded the motion which carried
7-0.
Jack Shinall made a motion bids be accepted for a service truck for the Water
Department"to be opened at the April 4th meeting. Jim Hawkins seconded the motion
which carried 7-0. Jack said funds have already been approved in the Revenue
Sharing budget.
Jim Hawkins made a motion the minutes of February 7, 1983 be approved as sub-
mitted. Jim Tolleson seconded the motion which carried 6-0, with Jack Shinall
abstaining.
James Williams made a motion the minutes of February 21, 1983 be approved as
submitted. Elbert Coalson seconded the motion which carried 7-0.
March 14, 1983 - Continued
Sarah Jones said that $53,000 was in the budget for a down payment on a new
fire truck. The committee has recommended the truck be obtained on a lease/
purchase basis, but due to the cost involved felt it would be better to request
bids. Sarah made a motion bids be requested to be opened at the April 4th meet-
ing, seconded by Jim Tolleson. Vote on the motion carried 7-0. Sarah said there
are only two companies that make the truck we need and the delivery date on
one is 412 months and the other will take from 1 to 11 years.
Jim Tolleson made a motion the Mayor be authorized to sign a resolution to the
Cobb Housing Authority giving our approval for them to issue Revenue Bonds to
Johnstown Properties for the renovation of Sundance Apartments (formerly Plum -
tree). Jack Shinall seconded the motion which carried 7-0.
Committee Reports: (Finance) Jim Tolleson said he felt we should look serious-
ly at the possibility of establishing our own housing authority which will be
very important in future years.
Jim Tolleson expressed his thanks to Georgia Power for their presentation of
their franchise tax check at a dinner recently held. In 1958 their franchise
taxes were $8,244; in 1970, $84,951; last year, $326,846 and the check this
year was for $417,821, which will certainly be put to good use. Jim said they
should also be commended for remaining steadfast in keeping their local office
in Smyrna. Jack Shinall said the increase in these tax revenues shows that our
annexations are definitely beginning to pay off.
Jim Tolleson said the Finance Committee had discussed rotating the bank accounts
which was last done about 5 years ago. On the advice of the City Clerk, letters
were sent to all Smyrna banks asking for proposals on their services and the
amount of interest they could pay. Jim Tolleson made a motion the rules be sus-
pended to place a motion on the floor. Sarah Jones seconded the motion which
carried 5-2, with Jack Shinall and Jim Hawkins opposed. Jim Tolleson then made
a motion that First National Bank be awarded all the city's checking accounts
for 2 years. Sarah Jones seconded the motion. Jack Shinall said he did not think
we could make an agreement that would carry over into the next administration.
Jim Tolleson then amended the motion to award the bank accounts to First National
for the remainder of this term. Sarah Jones seconded the amendment. Jim Hawkins
stated he did not think we should put all the accounts into the same bank. Jack
Shinall said he had looked at the proposals and First National's was good but
there is only about $5,000 difference in the interest rate between their proposal
and Trust Company's. The FNB accounts will use the money market which fluctuates
daily and Trust Company pays a guaranteed 5 M Jack said he would rather go
with the guaranteed interest rate because we could actually lose money by in-
vesting with the money market accounts. After further discussion, Jack Shinall
made a motion this be tabled to the next meeting. Jim Hawkins seconded the motion
which failed 3-4, with Jim Tolleson, Max Bacon, James Williams and Sarah Jones
opposed. Vote on the original motion to award the accounts to First National
carried 4-3, with Jack Shinall, Elbert Coalson and Jim Hawkins opposed.
(Inspegtions) James Williams suggested that when a zoning is approved by Mayor
and Council that the information be immediately sent to the Permits Office to
be sure that all requirements are met before any business license is issued.
Also, with building permits the same information should be forwarded so that
all special conditions can be met before Certificates of Occupancy are issued.
Jim Hawkins said residents on Ridgecrest Drive are having serious problems with
low water pressure and asked Jack Shinall to look into the possibility of replac-
ing the 2" line with a larger line.
(Library) In the absence of Doris Morris, Monika Myers gave a report on library
activities and said the Cobb County Extension Service was still accepting soil
samples for analysis.
(Water) Jack Shinall said the problem on Ridgecrest Drive has existed for quite
a while and the replacement of the line will be on the next agenda. Jack said
we are moving ahead in the removal of the Willowbrook lift station and hopefully
will be able to start in a matter of days. Also, we have been experiencing pro-
blems with the Hickory Acres lift station and there was another problem last 1
night with lines overflowing.
Jack said the Sewer System Evaluation Study is underway and the majority of
the study is now being conducted in the Highlands area where we have had quite
a few problems.
March 14, 1983 - Continued
Jack Shinall said we are working on securing the easements for Woodland Arms
to remove the lift station and asked the Mayor to continue to followup with
the county on Ann Road and Hickory Acres.
Jack Shinall said that Eddie Bessette had been in the hospital for surgery but
was now at home and doing well..
Elbert Coalson asked when we could expect the elimination of the Woodland Arms
lift station. Mayor Bacon said we have all the easements necessary except for
3 or 4, and bids will probably be requested at the next meeting.
Mayor Bacon commended Hubert Cochran for their efforts in responding to a fire
on Lee Street several weeks ago, which was actually in the county. Within 3
to 4 minutes the City had water on the house before the county was able to get
to the scene.
Mayor Bacon reminded everyone of the CMA meeting at Austell tomorrow night;
the Chamber of Commerce meeting Wednesday at 4:00 concerning the Dobbins surplus
property.
With no further business, meeting adjourned at 8:47 p.m.
March 21, 1983
The regular scheduled meeting of Mayor and Council was held March 21, 1983 at
Smyrna City Hall. The meeting was called to order by presiding officer Mayor
Arthur T. Bacon at 7:30 o'clock p.m. All council members were present except
Sarah Jones who was in the hospital. Also present was City Attorney Charles
E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Public Works
Director Jim David, Building Inspector Larry Dunn, Parks Superintendent Bruce
Bates, Librarian Doris Morris, Civil Defense Director Jim Farley, and represen-
tatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Citizen Reports: Bobby Ayers, a resident of Hillsdale Street presented a peti-
tion to Mayor and Council complaining of persons living at 1031 Hillsdale keeping
3 dobermans and one german shepard on chains in their yard. Mr. Ayers said the
dogs were vicious and the neighbors could not enjoy their own yards without
being disturbed. Jack Shinall told Mr. Ayers he would have the Marshal go out
tomorrow and some action would be taken.
Annexation: James Williams made a motion the Atkins property in Land Lot 706
be annexed into the City to become a part of Ward 3, the legal description having
been read and made a part of the February 21, 1983 minutes. Jack Shinall seconded
the motion which carried 6-0.
Annexation: James Williams made a motion the Anne Q. Boone property in Land
Lot 706 be annexed into the City to become a part of Ward 3, the legal descrip-
tion having been read into the minutes of the February 21, 1983 meeting. Jim
Tolleson seconded the motion which carried 6-0.
Rezoning: Lindsey Freeman with Lincoln Properties represented Henry G. & Iris
Lee Atkins and Anne Q. Boone in their request for rezoning of property just
annexed, from Residential to RM-16. There was no opposition. Mr. Freeman said
this property was adjacent to Post Villages Northwest which is also zoned RM-
16 and presented the .site plan. Mr. Freeman said the main entrance would be
from Pasadena Boulevard and there would be no entrance from Atkins Road. Max
Bacon reminded Mr. Freeman that in accordance with the ordinance, at least 50%
of the units would have to be either one bedroom or efficiency units. James
Williams asked how many units would be built, and Mr. Freeman said there would
be 640. overall. Mayor Bacon read the minutes of the Planning and Zoning Board
meeting where they recommended the zoning be approved. James Williams made a
motion the zoning be approved as requested. Max Bacon seconded the motion which
carried by a 6-0 vote.
Rezoning: James Benton requested rezoning of property at 2824 King Street from
R-15 to Limited Commercial. There was no opposition from the audience. Jack
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