05-03-1982 Regular MeetingMay 3, 1982
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on May 3, 1982. 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, Librarian Doris Morris, Civil Defense
Director Jim Farley, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
Appointment to Hospital Authority: Jack Shinall made a motion that Pat Cole be
appointed to the Hospital Authority Board representing Ward 5, for a 2-year term.
Jim Hawkins seconded the motion which carried 7-0. Attorney Camp suggested that
another motion be made that the resolution be adopted as previously read at the
prior meeting, the members appointed and selected by Mayor and Council be accepted
and the Hospital Authority to become effective as of tonight. Jack Shinall made a
motion the resolution be adopted as previously read and the appointed members
accepted, effective tonight. Jim Hawkins seconded the motion which carried 7-0.
Validation of Signatures: Mayor Bacon read a portion of a letter from Reed Realty
requesting annexation of 7.14 acres on Church Road, Land Lots 341 and 380, and
rezoning from RM-12 to Residential Townhouse District. The application was read
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 unincorporated
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 341 and 380
of the 17th District, 2nd Section, Cobb County, Georgia; and being more
particularly described as follows:
BEGINNING at an iron pin located at the northwest corner of Land Lot 380
(being the corner common to Land Lots 341, 342, 379 and 380); thence
north 89 degrees 50 minutes 56 seconds east along the north land lot line of
Land Lot 380 (south land lot line of Land Lot 379) 705.95 feet to an iron
pin found (said iron pin being located 500.60 feet westerly along said north
land lot line of Land Lot 380-from the westerly right of way of South Cobb
Drive, also known as State Road 280); thence south 32 degrees 51 minutes
35 seconds west 566.03 feet to an iron pin found; thence south 64 degrees
22 minutes 58 seconds west 408.78 feet to an iron pin found; thence north 00
degrees 16 minutes 47 seconds west 237.29 feet to an iron pin set; thence
north 21 degrees 29 minutes 49 seconds west 382.60 feet to an iron pin set
in Land Lot 341 on the southeasterly right of way of Church Road (being
a 50 foot right of way); thence north 62 degrees 49 minutes east along the
southeasterly right of way of Church Road 124.94 feet to an iron pin found
at the northwest corner of Land Lot 380, said county and district, which
iron pin -is the point` of beginning. Said property being property shown
on a•plat of survey for K. E. Edwards,- Jr. and S.C. Young by Paul E. Lee,
Registered Land Surveyor, of Pelpe,, Inc., dated January 25, 1974, revised
June 3, 1974, with -a final revision on December 16, 1974;-being the same
property conveyed toA. A. Adair and Samuel A. Miller by Leroy Waid by
warranty deed dated November 20, 1963, recorded in Deed Book 738, page 20,
Cobb County Records.
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/K. E. EDWARDS, JR. & SLADE C. YOUNG
Jim Hawkins made a motion the signatures be validated and the public hearing set
for June 7, 1982• Max Bacon seconded the motion which carried by a 7-0 vote.
Continued - May 3, 1982
Validation of Signatures: Drs. Dellinger S Israel requested annexation of
property located at 163 Pat Mel] Road, Land Lots 228 and 277. The application
was read 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 unincor-
porated 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 228 and 277
of the 17th District, 2nd Section, Cobb County, Georgia, and being more
particularly described as follows:
BEGINNING at an iron pin on the north side of Pat Mell Road 200 feet west
as measured along the north side of Pat Mell Road from the northwest corner
of the intersection of Pat Mel] Road and Mills Lane; said point of beginning
being at the southwest corner of Lot 17 of Block D of Spring Valley Sub-
division, Unit Two, a subdivision plat of which is recorded in Plat Book
16, Page 198, Cobb County records; thence west along the north side of Pat
Mell Road 367 feet to a point in the center line of a creek; thence north-
easterly, northerly and northwesterly as measured along the center line of
said creek and following its curvature 665 feet to a point; thence easterly,
slightly south of east 35 feet to an iron pin; running thence and con-
tinuing easterly in the same direction 51 feet to an iron pin on the west
line of said Land Lot 277; running thence and continuing in the same easterly
direction 186.3 feet to an iron pin; running thence and continuing in an
easterly direction, slightly more southerly than the last mentioned call,
74.4 feet to an iron pin at the northwest corner of Lot 11 of said block,
unit and subdivision; running thence southwesterly, southerly, and south-
easterly along the rear of Lots 11, 12, 13 and 14 of said block, unit and
subdivision, 447.2 feet to an iron pin at the northern most corner of said
Lot 17 of said block, unit and subdivision; thence southwesterly along the
northwest line of Lot 17, 40 feet to an iron pin; thence southerly along
the western side of said Lot 17, 165 feet to an iron pin on the northern
side of Pat Mell Road and the point of beginning.
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/RAY E. DELLINGER & PHILIP Z. ISRAEL
Elbert Coalson made a motion the signatures be validated subject to clarification
of the last call, which shows 150 feet on the plat, and 165 feet on the legal
description, and the date of public hearing be set for June 7, 1982. Sarah
Jones seconded the motion which carried by a 7-0 vote.
License Transfer: Mr. George C. Childs, Jr. requested a transfer of the malt
beverage and wine pouring license at Peking Gardens, 2526 South Cobb Drive. A
letter from the Police Department stated their investigation did not reveal any
factors that would prohibit the 'applicant from obtaining the license. Mr. Childs
said he was Secretary of the corporation, and he and his employees were familiar
with the ordinances of the City. Jack Shinall made a motion the transfer be
approved. Elbert Coalson seconded the motion which carried by -a 7-0 vote.
License Transfer: Chong Hui Davidson requested a transfer of the malt beverage
and wine package license for Smyrna Market, 3350 South Cobb Drive. Mrs. Davidson
said she owned and managed the market. Sarah Jones said her committee had reviewed
the application and found everything in order and made a motion the license be
approved. James Williams seconded the motion. Jim Hawkins asked Mrs. Davidson
if she felt her command of the English language was good enough to be able to
verify ages. Mrs. Davidson said yes, that she had managed the market for three
years now. Vote on the motion to approve the license carried 7-0.
Rezoning,: E. C. Long requested rezoning of property on Spring Road in Land Lot
59 from R-15 to General Commercial. Attorney Roy Barnes represented Mr. Long
Continued - May 3, 1982
and said' the Planning and Zoning Board had recommended the zoning be approved.
Mr. Barnes said this was an odd-shapedlot and because of the widening of New
Spring Road it was very difficult to build on the 50-foot setback. Letters were
presented from the adjoining landowners stating they had no objection to the re-
zoning or variance needed. Their plans are to construct a small retail business,
and Mr. Long has agreed to construct a fence on the north and west sides of the
property. There was no opposition from the audience and Max Bacon made a motion
the rezoning be approved. James Williams seconded the motion which carried 7-0.
Variance: E. C. Long requested a variance on the side yard which abuts residential
property, from the 50 feet required to 17 feet. Max Bacon said he had talked
with the adjoining property owners and they were in agreement with development
of the property and had no objections to the variance. Max Bacon made a motion
the variance be granted subject to installation of a 5-foot chain link fence on
the north and west sides of the property line, with some type of shrubbery planted
along the fence. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Variance: *Paul R: Lamons requested a side yard variance for an addition to his
business, Lamons Magic Mirror at 1318 Concord Road to'build within 10 feet of the
property line. The addition is to be used for an exercise room, with a hot tub,
etc. Max Bacon made a motion the variance be granted. Jim Tolleson seconded the
motion which carried by a 6-1 vote, with Jim Hawkins opposed.
Residential Business License: Ann Bowes requested a residential. business license
to make silk floral arrangements in her home at 545 Pineview Drive. Mrs. Bowes
said she is already making arrangements, but the license will allow her to buy
material at wholesale prices. A petition was signed by adjoining neighbors stating
they had no objection to the license being issued, with the exception of one
person. Mrs. Bowes said she was familiar with our ordinance and would not be
doing any advertising. There was no opposition and Sarah Jones made a motion the
license be granted. Jack Shinall seconded the motion which carried 6-1, with Max
Bacon opposed.
Pawn Shop License: Morris F. Hyles requested a license for Stan's Park and Pawn.,
2552 South Cobb Drive. Mr. Hyles said he was familiar with the ordinances and
the total requirements for operating this type business. Sarah Jones made a
motion the license be granted. Max Bacon seconded the motion which carried 7-0.
Commercial building permits were presented by Inspector Dan Steely as follows:
(1) First Baptist Church at 1275 Church Street requested a permit for renovation
at a total estimated cost of $41,000. Plans have been approved by the Fire Marshal
and Inspections Department and Max Bacon made a motion.the permit be approved.
Jack Shinall seconded the motion which carried 7-0.
(2) Glen Robinson, R Value, Inc., requested a permit for construction of a new
metal building at 3255 Atlanta Street to be used for warehousing of insulation
products. Total estimated cost of construction is $36,750. Elbert Coalson made
a motion the permit be approved, subject to approval of the,iFire Marshal. Jim
Hawkins seconded the motion which carried 7-0.
Bid Opening: :Max Bacon made.a motion that all bids on the pickup truck -for Parks
and Recreation be rejected, unopened. Jim Hawkins seconded the motion which
carried 7-0.
Report on Bid Awards: Mayor Bacon said he -had heard from the newspapers that the
State was going to give financial assistance in the construction of Pasadena
Boulevard -.but -he has not received official notification,�and was hesitant about
awarding the bid until we receive word from the State. The County will proceed
with grading prior to awarding the bid. Jim Hawkins made a motion the bid award
be+postponed to-the,June 21, 1982,meeting. Jack Shinall'seconded the motion which
carried by a 7-0 vote.
Jack Shinall said the low bidder for two pickup trucks for the Water Department
was Wade Ford. =Their bid was for 1983•vehicles which is what the specifications
called for. Since that time, there had been some discussion as to whether or
not we should have asked for 1982 or 1983 models. Jack madea motion that all
bids be rejected and rebid. Max Bacon seconded the motion which carried 7-0.
Street -:Closing: Max Johnson said he had met with homeowners on Teasley,Drive and
they were all in agreement with the closing of this street. It has been properly
Continued - May 3, 1982
advertised and posted and Mr. Johnson stated again that the street would not be
closed until Pasadena Boulevard was completed. Jim Tolleson made a motion that
Teasley Drive be closed after the opening of Pasadena Boulevard and the new
adjoining road, tentatively named Terri Myers Drive. Jack Shinall seconded the
motion which carried by a 7-0 vote.
Ordinance Amendment: James Williams read a proposed amendment to the ordinance
by adding Section 211-10, City Use of Unclaimed Property as follows:
A) Notwithstanding the other provisions of this Chapter, the City shall
have the right to claim and use any unclaimed property coming into possession
of the City, subject only to the restrictions and duties contained in this
Chapter in Sections 292-1 through 292-4.
B) All requests for use of such property by any employee or agency of the
City shall be made -in writing to the department of police on the form
provided by the City Clerk, and shall identify the property, state the
intended use and duration thereof, intended department or individual and
where such property is to be maintained.
C) Each request shall become effective upon approval of the department of
police, and Council Police Committee and the unclaimed property shall then
become the property of the City of Smyrna.
James Williams made a motion the amendment be approved. Jim Hawkins seconded
the motion which carried 7-0.
Jim Hawkins made a motion the minutes of April 5; 1982 be approved as submitted.
James Williams seconded the motion which carried 7-0.
Jim Tolleson made a motion the minutes of April 19, 1982 be approved as submitted.
James Williams seconded the motion which carried 7-0.
Jim Tolleson made a motion bids be accepted for the 1982-83 audit, to be opened
at the May 17, 1982 meeting: James Williams seconded the motion which carried 7-0.
Jim Hawkins made a motion bids be requested for a new zoning map, to be opened
at the May 17, 1982 meeting. James Williams seconded the motion which carried 7-0.
Mayor Bacon said we would begin the Department Head Reports at the next meeting.
Committee Reports: (Library) Doris Morris gave a report of activities taking
place in the library.
(Inspections) Elbert Coalson read a letter from Inspector Dan Steely requesting
permission to attend the annual Building Official Workshop to be held in Albany,
May 19-21. The registration fee is $35.00, hotel accommodations $87.00, and
Mr. Steely also requested $75.00 for expenses. It was decided that since this
expense is less than $500, it could be approved by the committee.
(Water) Jack Shinall read a letter from the Department of Natural Resources
concerning our request to reopen the landfill, stating they had recommended the
request be refused. They felt there was insufficient cover material remaining
to operate the site for an extended period of time.
Jack Shinall said they had been having a problem with children and strangers on
the lower end of Birch Street; involving arguments and fights. Complaints have
also been received about residents in Glendale Apartments, and Jack asked Chief
Little to look into it.
Jack Shinall made a motion the rules be suspended to consider letting bids for
four (4) economy pickup trucks, two for Water Department,.one for Parks and one
for Inspections. James Williams seconded the motion which carried 7-0.
Jack Shinall made a motion that bids be requested for four (4) 1982 or 1983
economy pickup trucks, with maximum 45 day delivery, to be opened at the next
meeting. Max Bacon seconded the motion which carried 7-0.
(Streets) Jim Hawkins said several meetings ago, $18,000 had been appropriated
from State Grants to update traffic signalization. Two of these lights are in
Continued - May 3, 1982
operation; one at Cherokee and Atlanta Road and one at Campbell Road and Spring
Road. The light at Spring Road and Atlanta Road will be in operation shortly.
(Parks) Sherry Reavis reported that as of this Thursday, King Springs Park foot-
ball field will be off limits because it is to be plowed and regrassed. On May
12th, the 3-4-5-6 year old track meet will be held.
(Finance) Jim Tolleson reminded department heads to have their Revenue Sharing
request ready before May 17th. Tax bills will go out May 21st and will be due
July 31st. Jim said the budget was holding up well and we may get through the
year without having to borrow money.
Mayor Bacon said that between now and the next meeting he would be making some
changes in committee assignments.
Announcements: Next council meeting May 17, 1982.
Elbert Coalson asked for an Inspection Committee meeting and Jack Shinall asked the
Water Committee to also meet briefly after adjournment.
With nofurther business, meeting adjourned at 8:35 p.m.
May 17, 1982
The regular scheduled meeting of Mayor and Council was held May 17, 1982 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. Als6 present was
City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief R. E. Little,
Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis,
Public Works Director Jim David, Civil Defense Director Jim Farley, Librarian
Doris Morris, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Mayor Bacon introduced members of Cub Scout Pack 777, Den 2.
Citizen Reports: Sue Brissey said the City has an ordinance prohibiting signs
being posted on utility poles, and asked why we couldn't enforce it. Jim Tolleson
said this was almost a losing battle; the City removes signs constantly and it's
almost impossible to catch the people putting them up.
Richard Monley requested assistance from the City in sponsoring a 24-hour lap-a-thon
for the YWCA, benefiting the handicapped. Mr. Monley was told to get in touch with
Sherry Reavis and coordinate their plans with her.
Revenue Sharing Proposed Use Hearing: City Clerk Willouise Spivey said each
department head had prepared their list of requested Revenue Sharing funds which
was far in excess of what we would receive, and asked if there was anyone in the
audience who had any suggestions on how this money should be spent. Bill Rogers
of Ward 5 said he felt an aerial truck should be bought for the Fire Department
since we have not received a commitment from the County as far as the merge is
concerned. Max Bacon said this was already included in the Fire Department's
request. Ms. Spivey said the final hearing for Revenue Sharing would probably be
the last meeting in June.
Privilege License: Joan C. Hirst requested a malt beverage and wine package license
for Kayo Oil Company, 2400 Atlanta Road. Sarah Jones said the survey map was not
attached to the application, but there was one on file in the Inspections Depart-
ment. A favorable report was received from the police investigation, and Sarah
Jones made a motion the license be granted. Jim Tolleson seconded the motion which
carried by a 7-0 vote.
Bid Openings: Bids for the 1982, 1983 and 1984 audits were opened, read and
recorded as follows:
1982 1983
Weiss, Moore & Cubbedge $8,500 $8,000
Pate, Shiver & Looney $5,500/ $6,050/
$6,000 $6,600
Norris & Parks $5,500 $6,000
Kitchens & Russell $6,000 $6,500
1984
$7,500 + out of pocket expenses
$6,655/ + out of pocket expenses
$7,260
$6,500
$7,000 ,