04-04-1983 Regular MeetingApril 4, 1983
The regular scheduled meeting of Mayor and Council was held pursuant to the Char-
ter on April 4, 1983 at Smyrna City Hall. The meeting was called to order at
7:30 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 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.
Citizen Reports: John Hicks spoke concerning the fire at Dickson Shopping Center
on the night of April 3rd and asked why Cobb County was fighting the fire instead
of our own men. Mr. Hicks said we were losing qualified men because of a $6,000
discrepancy in pay between Smyrna and Cobb County and our department was under-
manned. Sarah Jones said the reason for Cobb County being at the fire was because
of a reciprocal agreement between the City and County. When we need additional
help to fight a fire, Cobb County responds and we also do the same for them.
Our men were fighting the fire and our Police Department and Civil Defense units
were also there to help and our fire department was used to its full capacity.
Mr. Hicks also asked why we were attempting to run the Fire Department without
a Chief. Sarah said we had gone through the testing to hire a Chief but there
was not any one person who was totally acceptable to full council, for several
reasons. Mayor Bacon told Mr. Hicks it was the City's responsibility to run the
Fire Department and although we may not have the best in the country, we were
working on making improvements. Mayor Bacon said he appreciated his interest,
but felt he was being overly critical.
Jim Douthit, a resident of Smyrna said he personally appreciated our elected
officials and thought they were doing an excellent job.
Lamar Dickson also expressed his appreciation for the City's efforts in putting
out the fire at his shopping center.
Annexation: Sarah Jones made a motion the Moose Lodge property on South Cobb
Drive be annexed into the City to become a part of Ward 7, the legal description
having been read and made a part of the minutes of the March 14, 1983 meeting.
Jack Sh-inall seconded the motion which carried 7-0.
Annexation: Sarah Jones made a motion the Henry G. Kalb property in Land Lots
607 and 618 be annexed into the City to become a part of Ward 7, the legal des-
cription having been read and made a part of the minutes of the March 14th meet-
ing. Max Bacon seconded the motion which carried 7-0.
Rezoning: Henry G. Kalb requested rezoning of property just annexed being 7.8
acres on Argo Road in Land Lots 607 and-618 from Residential to Light Industry.
There was a large group in opposition. 'Mr. Kalb and Wiley Wall, spokesman for
the opposition were sworn in by Attorney Camp. Mr. Kalb said his parents bought
the property in 1959 and lived there at 4884 Argo Road until their death. The
property is about 2 blocks south of Camp Highland Road and ingress to the property
would be from South Cobb Drive to,, -Camp Highland Road, to Argo Road which would
eliminate any traffic through Kenwood Subdivision. Mr. Kalb said he had talked
with the owner of the home next door, and he had no objections to the rezoning.
Mr. Kalb said this was a very undesirable location to live and they have exper-
ienced many problems with students from Kenwood School which is nearby. Also,
behind the school there is an industrial park, and also a commercial garage within
a block. This property is adjacent to the 1,000 acres owned by Woodmere-Jacks on-
ville which is also zoned Light Industry. Mr. Kalb said he felt this zoning would
be the highest and best use of the land. Jim Hawkins asked Mr. Kalb if he had
any drawings to show what he intended to put on the property and the answer was
no. Mr. Hawkins said that normally when a zoning was considered, development
plans were presented. Jim Tolleson said he felt Mr. Kalb was probably interested
in selling his property to the owners of the adjoining industrial park and if
he did, would not need access from Argo Road.
Mr. Wall said he had also contacted Randall Strickland who owns the property
next to Mr. Kalb's, and he had given him an entirely different answer about the
April 4, 1983 Continued
zoning, and said he would go along with the majority of the people in the neigh-
borhood. Also, he disagreed that the community was undesirable for homes and
showed pictures of some of the homes in his neighborhood. Mr. Wall said that
even if Argo Road was not used for ingress and egress they still objected to
the rezoning because of the 1,000 acre industrial soon to begin. Jack Shinall
asked Mr. Wall if he was aware that this property abutted the 1,000 acres and
he said he did not, and did not see how it could possibly join. Sarah Jones asked
Mr. Camp if council could approve a zoning without plans being submitted. Mr.
Camp said they could, with the condition that before any construction commences
it would have to be brought back before Mayor and Council. Mr. Camp also said
he was not sure council could rezone the property and have it landlocked by deny-
ing ingress and egress from Argo Road. If the property is zoned .tonight subject
to the above mentioned condition, it would be similar to a Future Commercial
zoning. After further discussion, Jack Shinall made a motion the zoning be contin-
ued to the next meeting to allow him time to review the county land use map.
Jim Tolleson seconded the motion which carried 7-0.
Validation of Signatures: Attorney Camp read an application from C. Lamar Dickson
for annexation of property on Concord Road as follows:
We the undersigned, who constitute sixty percent (60%)
the land area by acreage of the area described below, which
and contiguous to the City of Smyrna, hereby apply to have
into the City of Smyrna under the provisions of the Code
tated, Sections 69-904 through 69-912 (Georgia Laws, Acts
410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012;
be annexed being described as follows, to wit:
of the owners of
is unincorporated
said area annexed
of Georgia Anno- �\
1966, Pages 409, f
said property to
All that tract or parcel of land lying and being in Land Lots 380 and 381
of the 17th District, 2nd Section, Cobb County, Georgia and being more parti-
cularly described as follows:
Beginning at an iron pin located on the northwesterly right of way of Con-
cord Road, said point of beginning located 100 feet northeasterly from the
right of way of Lamar Circle; thence running north 34 degrees 46 minutes
58 seconds west, for a distance of 200.00 feet to an iron pin; thence running
south 56 degrees 21 minutes 44 seconds west for a distance of 77.92 feet
to an iron pin located on the easterly right of way of Lamar Circle; thence
running north 03 degrees 30 minutes 54 seconds west along the easterly right
of way of Lamar Circle for a distance of 78.41 feet to the point of curva-
ture; thence running a chord bearing of north 34 degrees 44 minutes 58 sec-
onds west for a chord distance of 84.85 feet to a point on the curvature
right of way of Lamar Circle, said curvature having an arc distance of 87.63
feet along said right of way; thence running north 34 degrees 00 minutes
18 seconds east for a distance of 157.72 feet to an iron pin; thence running
south 57 degrees 51 minutes 13 seconds east for a distance of 218.22 feet
to an iron pin; thence running south 27 degrees 04 minutes 38 seconds west
for a distance of 98.30 feet to an iron pin; thence running south 53 degrees
41 minutes 30 seconds east for a distance of 18.72 feet to an iron pin;
thence running south 55 degrees 59 minutes 00 seconds west for a distance
of 101.81 feet to an iron pin; thence running south 35 degrees 05 minutes
50 seconds east for a distance of 146.97 feet to an iron pin on the north-
westerly right of way of Concord Road; thence running south 55 degrees 01
minutes 28 seconds west along the northwesterly right of way of Concord
Road for a distance of 13.79 feet to an iron pin at the point of beginning,
said tract containing 1.07 acres.
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/C. LAMAR DICKSON
Jim Hawkins made a motion the application be validated and the date of public
hearing set for May 2, 1983. James Williams seconded the motion which carried
7-0.
Privilege License: O'Neil's, Inc. requested a liquor, beer and wine pouring
license for 3805 South Cobb Drive, Kathy Sumrall, agent. Jim Hawkins asked Ms.
Sumrall if she understood our ordinance concerning the sale of alcoholic beverages
April 4, 1983 Continued
and if she was aware that 60% of their income would have to be from food sales,
and the answer was yes. Jim Hawkins said the police investigation was favorable
"`. and since this is a previously licensed location, a distance survey was not re-
quired. There was no opposition and Jim Hawkins made a motion the license be
approved, seconded by Sarah Jones. Jack Shinall said that in the past we have
received many complaints about this establishment with the activities taking
place in the parking lot and asked if they had taken any precautions to change
this situation. William O'Neil, owner, said they were not allowing any drinks
to be carried outside the premises and if they did anticipate problems would
call the police department for assistance. Vote on the motion to approve the
license carried 7-0.
Privilege License: Jim Tolleson made a motion the package license transfer for
the Majik Market at 2482 Spring Road be tabled to the next meeting. Elbert Coalson
seconded the motion which carried by a 7-0 vote.
Variance: C. R. Shah requested a variance on the front setback line from 40
feet to 10 feet for A-1 Storage at 793 Smyrna Hill Drive. Paul Lee presented
plans of the proposed addition and also pictures of the existing warehouses.
Mr. Lee said the warehouses are located behind Dickson Shopping Center and the
addition will be 10 feet from the existing right of way of Smyrna Hill Drive.
Nationwise Auto Parts which is next to the warehouses is 9 feet from the right
of way of Smyrna Hill Drive. The addition will be 20 feet wide and 100 feet long
which will allow for 20 additional units. Mr. Lee said there will not be any
entrances from Smyrna Hill Drive and Mr. Shah had agreed to pave the existing
gravel area. The plans have been approved by the City Engineer subject to the
variance being approved. Sarah Jones said Mr. Shah had also agreed to landscape
along Smyrna Hill Drive to make it more attractive. Jim Tolleson said he was
concerned about future road widening, if ever, and there would not be enough
room to expand the road. There was no opposition and Jim Hawkins made a motion
the variance be approved, with the stipulation that the gravel area be asphalted.
Sarah Jones seconded the motion which carried 6-1, with Jim Tolleson opposed.
Variance: Elbert Coalson read a letter from Mildred Barie of Precision Cutters
concerning the variance request by Sanford Phillips, tabled at the last meeting.
Ms. Barie requested that Mr. Phillips be required to restore her fence to the
original condition, reset the post in concrete, replace soil and resod as orig-
inal and replace soil to prevent erosion and drainage backup. Ms. Barie also
requested the variance be denied. Elbert Coalson made a motion the variance be
denied and the letter from Ms. Barie turned over to the Building Inspector to
see that Mr. Phillips complies with the request. Jim Hawkins seconded the motion
which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by In-
spector Larry Dunn and upon his recommendation the following approved:
(1) Georgia Department of Labor requested a permit for new construction at 2970
South Cobb Drive at a total estimated cost of $262,522. James Williams made a
motion the permit be approved subject to approval of the Fire Marshal and City
Engineer. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson said
this property was very near the flood plain and would like to be sure that is
checked.
Conveyance Deeds: James Williams said that several homeowners
that McGriff Street, recently closed and abandoned, be conveyed
made a motion. the property be deeded to the following homeowners,
pay all legal expenses involved.
Ben H. Dorsey, 2620 Hickory Hill Drive
Steve C. Buggay, 2641 & 2631 Brown Circle
David A. McCampbell, 2634 Hickory Hill Drive
Foster L. Nelson, 2640 Hickory Hill Drive
James A. Welkner, 2656 Hickory Hill Drive
Jane H. Jefforn, 2662 Hickory Hill Drive
Richard & Janet Pecha, 2667 Brown Circle
Martha Mackinder, 2685 Brown Circle
Jo T. Spencer, 1195 Hill Street
Martha J. Leonard, 1201 Hill Street
Jim Tolleson seconded the motion which carried 7-0.
have requested
to them. James
provided they
April 4, 1983 Continued
Bid Opening: Bids for the removal of the water tower were opened, read and re-
corded as follows:
Rumsey Steeplejacks $ 8,525
Kennesaw, Georgia
Job Fabricating, Inc. $18,000
Smyrna, Georgia
Max Bacon made a motion the bids be turned over to the Public Works Committee
for a recommendation back to full council. Jim Hawkins seconded the motion which
carried 7-0.
Bid Opening: Bids for a water service truck were opened, read and recorded as
follows:
Peach State Ford
Norcross, Georgia
Wade Ford
Smyrna, Georgia
Nalley Chevrolet
Atlanta, Georgia
Day's Chevrolet
Acworth, Georgia
No Bid
$12,012.42
$ 900.00 Cash or Trade In
$11,302.25 Stahl #132CVD
$11,710.22 Stahl #132CVXD
$11,875.00
$ 300.00 Trade In#132CVXD
$ 700.00 Trade In#132CVD
$11,885.00
$ 1,000.00 Trade In
$11,350.00 Stahl #132CVD
$ 1,000.00 Trade In
Jack Shinall made a motion the bids be turned over to the Water Committee with
a recommendation back to full council at the next meeting. Max Bacon seconded
the motion which carried 7-0.
Bid Opening: Bids for an aerial fire truck were opened, read and recorded as
follows: 4�
Harry Harless Co.
Birmingham, Alabama
Emergency One, Inc.
Ocala, Florida
Harold's Sales & Service
Marietta, Georgia
$321,878.00
OPTIONS THAT INCREASE THE PRICE:
1500 G.P.M. Single Stage Pump
$900
Breathing Air to the basket
$3200
2 Quarts Telescoping lights
in basket
$1200
Two tone paint on cab
$275
Mars 888 Light
$550
6000 Watt Onan diesel generator
$6100
Back up alarm
$150
Air Horns on cab
$200
Rear step buzzer to cab
$80
OPTIONS THAT DECREASE THE PRICE:
Detroit 6V92TA Engine $2600
Two C.J. 184 Cab Lights $100
$335,358.00
$351,939.00
Sarah Jones made a motion the bids be reviewed by the entire Mayor and Council
with a recommendation back at the next meeting, seconded by James Williams. Jim
Tolleson said at the meeting of September 20, 1982, a motion was approved to
April 4, 1983 Continued
not accept bids from Marietta businesses and requested the bid from Marietta
be rejected. Sarah Jones said it was felt a comparison was needed for an expendi-
ture of this amount and there are not that many companies that manufacture this
equipment. A representative from Harold's Sales and Service was in the audience
and said they did not start the annexations, their business just happened to
be located in Marietta. They have always appreciated the business Smyrna has
given them and will continue to give good service. Vote on the motion carried
6-1, with Jim Tolleson opposed.
Jack Shinall said that several committees have been working for 2 years about
requesting proposals to contract garbage and trash collection, retaining our
own underground system and also what it would cost our citizens for the City
to get out of the business. Jack made a motion proposals be requested from gar-
bage and trash collection companies for review by full Mayor and Council to deter-
mine if it is feasible to contract the service, or upgrade our equipment. Jim
Tolleson seconded the motion which carried 7-0.
Jack Shinall said the proposals would be opened the second meeting in May.
Max Bacon made a motion that "no parking" signs be placed from 3782 to 3788 Lake
Drive where they have had as many as 8 or 9 cars parking diagonally. Sarah Jones
seconded the motion which carried 7-0.
Max Bacon read a request for a parade permit from Smyrna Little League for their
opening day on April 16th, and also a request from Smyrna Girls Softball for
a parade permit for April 30th. Max made a motion the permits be approved, sec-
onded by Jim Tolleson. Vote on the motion carried 7-0.
Jim Hawkins made a motion the minutes of March 14, 1983 be approved as submitted.
Jack Shinall seconded the motion which carried 7-0.
Elbert Coalson made a motion the minutes of March 21, 1983 be approved as sub-
mitted. Max Bacon seconded the motion which carried 7-0.
Committee Reports: (Civil Defense) Jim Farley reminded the elected officials
and department heads of the workshop this Saturday, from 10:00 to 3:00 and urged
everyone to attend.
Sarah Jones read a letter from Chief R. E. Little expressing his appreciation
to Smyrna Hospital, Cobb County Fire Department, Smyrna Civil Defense and all
others involved in fighting the fire at Dickson Shopping Center for their assis-
tance and cooperation. Sarah also added her personal thanks to these people.
Sarah Jones made a motion the rules be suspended to place a motion on the floor.
Jack Shinall seconded the motion which carried 7-0.
Mrs. Jones then read a proclamation signed by Mayor Bacon honoring members of
our Police Department and made a motion that yearly, the Saturday before Easter
be set aside and known as "Pride, Integrity and Guts Day" (P.I.G. Day) in honor
of these people. Jim Hawkins seconded the motion which carried 7-0.
In response to John Hicks' earlier remarks about the fire, Hubert Cochran said
he called Cobb County for assistance, which is normal procedure, and his men
were fighting the fire.
(Parks) Sherry Reavis stated that King Springs pool would open on Saturday,
April 16th.
(Water) Jack Shinall said the new water line on Ridgecrest Drive would be com-
pleted within the next few days.
Jack Shinall said he had met with Mr. Bickford who spoke at the last meeting
about inadequacies in our Fire Department and felt he was unaware of certain
situations that Chief Cochran was looking into. Jack said his remarks were not
ignored although it would appear he may have been here for the wrong reasons.
(Library) Doris Morris said that April 17-24 was National Library Week and they
would also be having special kindergarten classes.
April 4, 1983 Continued
Jim Hawkins said he was receiving complaints almost daily about cars loitering
at Lake Court Park during the day and night hours. Jim said he has observed aban-
doned cars there and asked Chief Little to have the area patroled regularly.
Also, there is raw garbage on the ground and it looks as if the park is being
used for a dump. Jim said the- drain pipe under the road is also badly eroded
and asked the Street Department to check into that.
James Williams expressed his personal thanks to our Police and Fire Departments
for their efforts during the fire at Dickson Shopping Center.
Vic Broyles said they were all at the scene of the fire last night trying to
help and it was not just the county fighting the fire.
Max Bacon stated that Forest Bedford passed away on Friday and he would be sorely
missed by everyone.
Jim Tolleson said they had all lost a friend when Corky passed away. Jim said
he was very glad to have Sarah Jones back tonight after her surgery.
Jim Tolleson said there would be a special meeting of C.M.A. next Monday night
at 7:00 p.m., Marietta City Hall.
Announcements: Next council meeting April 18, 1983; Spring Festival April 23rd.
Mayor Bacon said that next Friday, Ed Salem would speak to the Smyrna Optimist
Club at their breakfast at 7:00 a.m. and asked all council members to come as
his guest.
With no further business, meeting adjourned at 9:15 p.m.
April 18, 1983
The regular scheduled meeting of Mayor and Council was held April 18, 1983 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presi-
ding 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, Public Works Director Jim David, Assistant City Clerk Melinda Hiatt,
Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris
Morris and representatives of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the flag.
Mayor Bacon announced that Item 7 on the agenda, the rezoning request of 7.8
acres on Argo Road from Residential to Light Industry had been withdrawn on Thurs-
day by the applicant, Henry G. Kalb and would not be heard tonight.
Citizen Reports: A citizen at 3015 Clifton Road complained of water runoff flood-
ing her driveway and said the storm drains were also stopping up during heavy
rain. Mayor Bacon asked Jim David to check into this problem tomorrow.
A resident of Spring Creek Place requested that Pasadena Boulevard be renamed
to Forest Bedford Parkway. Mayor Bacon said the street name was being changed
to Village Parkway at the property owner's request.
Mrs. Stumph of 1555 Spring Street complained of heavy trucks using Spring Street
and said they were making deliveries to•a business across the street. Mrs. Stumph
said her driveway had been ruined because this is a very narrow street and was
also concerned about the increase in commercial development. Jim David said he
would check on her driveway tomorrow.
Mr. Sanders, a resident of Lake Drive said that "no parking" signs had recently
been placed on the cul-de-sac and asked that they be removed. Mr. Sanders said