07-06-1981 Regular MeetingJuly 6, 1981
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on July 6, 1981 at City Hall in Smyrna. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were
present. Also present was City Clerk Willouise Spivey, City Attorney Charles Camp,
Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works
Director Jim David, Parks and Recreation Director Bill Johnston, Civil Defense
Director Jim Farley, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
Betty McLain, coach of the Smyrna -Jonquils girls softball team presented a plaque
to Mayor and Council from their team which was 4th division runner-ups for 1981.
Citizen Reports: Dean Byers said the District II Pony League area tournament
would be hosted at Cobb Park and asked permission to charge admission to the games
of $1.00 for adults and 50¢ for children. Also, they would like to block off
Sanford Place during the tournament. Jack Shinall made a motion that Sanford Place
be closed from July 6th through July loth, from 4:30 to 10:30 p.m. Elbert Coalson
seconded the motion which carried by a 7-0 vote. John Steely made a motion the
association be allowed to ask for donations for admission. Jim Hawkins seconded
the motion which carried by a 7-0 vote.
Jack Shinall made a motion that item.#10 on the agenda be heard at this time.
John Steely seconded the motion which carried by a 7-0 vote. A representative
from West Lumber Company was present and asked that their request for a variance
from the sign ordinance be postponed to July 20th. Jack Shinall made a motion
the request be tabled, seconded by Jerry Mills. Vote on the motion carried 7-0.
Recorder's Court Appeal: Steven A. Sandmann appealed the decision of Recorder's
Court where he was found.guilty-of shoplifting. ,.Mr. Sandmann was sworn,by Attorney
Camp; along with the arresting officer Brent Randolph, for Rich's Security. Mr.
Sandmann said he was not guilty; he had carried a box from a display on the upper
level of Rich's that was marked "slow cooker" and carried it downstairs to the
door at the mall entrance. He wanted to purchase a crockpot and took the box down-
stairs for his sister-in-law to look at it and see if it was the right one. He
was standing inside the door when Officer Randolph apprehended him and charged
him with shoplifting. When he was searched, he had a lot of receipts for items
he had already purchased that day. Mr. Sandmann said -,his car was parked on the
other side of the building, and if he,had intended to steal the cooker he would
have exited from the other door and not into the mall. He was not informed of
his rights at the time of the arrest, the officer waited until they went into
the security room. Attorney Camp.read a portion of the Georgia Code pertaining
to shoplifting and said he thought,it was incumbent upon him to inform the Mayor
and Council that although Mr. Sandmann had not left the store, the intent of shop-
lifting was determined by the location of the suspect, what he had in his possession
and in what manner he was conducting himself with that possession. In this case,
it -would be up to Council to make that determination: Officer Randolph said he
followed Mr.•Sandmann to the housewares department and at that time he was with
two other men'. The other two men left and at that time he saw Mr. Sandmann remove
the cooker and go to the lower level. Officer Randolph said he waited until he had
passed through the inventory control pedestals before stopping him. He had orig-
inally been called to the drug area of Rich's where Mr. Sandmann was attempting
to return a backgammon set, and followed him to his car and back into the store.
Officer Randolph said he normally waited until the suspect was out the door before
making an arrest, but he knew there were two other gentlemen with Mr. Sandmann
and did not think it would be wise to let -him -get out the door. Jim Hawkins said
he had serious doubts as to whether or not Mr. Sandmann had intent to steal the
merchandise, and made a motion the decision of Recorder's Court be overturned.
Jerry Mills seconded the motion which carried by a 4-3 vote. Jim Tolleson, Jerry
Mills, Jim Hawkins and John Steely voted for. Elbert Coalson, Jack Shinall and
Max Bacon voted against.
Jim Tolleson made a motion the appeal of Recorder's Court by Janice N. Edgar be
heard July 20, 1981. Max Bacon seconded the motion which carried by a 7-0 vote.
Rezoning: Eve Windham requested rezoning of property located in Land Lots 528
and 533, located on King Springs Road, from R-20 and RM-12 to RD. Charlie Jones
was the spokesman for the zoning request and there -were several in opposition.
Mr. Jones said this was a down -zoning for the construction of 68.units ranging
in price from $82,000 to $92,000 and renting for $425 to $475, plus utilities.
The engineer -is Paul Lee and he is working with city officials with the water
problem. They expect to spend,$67,000 for storm drainage.and paving. Mr. Jones
1
Continued - July 6, 1981
said he could actually build more units than proposed under the existing ordinance
and could see no reason to ask for variances later.
Belva Acosta, a resident on King Springs Road expressed concern with drainage
problems and the increase of existing traffic congestion.
Norm Beverly of 3735 Ashwood Drive asked about the buffer zone which would be
used for units next to Ashwood Drive. Mr. Jones said there would be a 30' buffer
and any trees that could be left, would be.
Bob Arnold of 3625 Hickory Circle said he did not object to the development but
was concerned of the possibility of opening Twin Oaks Drive, and felt the neighbor-
hood could not handle the traffic. Mr. Arnold said some of the residents had
asked about installing a fence as well as a buffer and asked Mr. Jones if he could
concede to their request. Mr. Jones said he could understand their concern and
agreed to install a chain -link fence across the end of the property at Twin Oaks
Drive to prevent the influx of traffic from King Springs Road.
Marjorie Collins of King Springs Road asked if the developer was not required to
connect Twin Oaks Drive with his subdivision, by ordinance. Mr. Jones said the
county ordinance did require that roads be tied together when developing a sub-
division, but this property is in the city limits of Smyrna and the City does not
have this requirement in their code. Ms. Collins said King Springs Road was already
too congested and felt Twin Oaks Drive should be opened up to alleviate the added
traffic.
After further discussion Max Bacon made a motion the rezoning be approved with the
following stipulations: (1) Ingress and egress only into a cul-de-sac off King
Springs Road; (2) widen street at King Springs Road; (3) storm drain; (4) curb
and gutter on the side of King Springs Road; and (5) install chain -link fence
beginning at an iron pin beginning south 89 degrees 39.08 feet east, past lot 13
as shown on plat. Jerry Mills seconded the motion which carried by a 7-0 vote.
The Planning and Zoning Board had unanimously recommended this rezoning be approved.
CRezoni.ng: Max Johnson requested rezoning of property located in Land Lots 777 and
808 from RM-12 to RT for construction of townhouses, property being located behind
Jonquil Park. There were several in opposition to the rezoning. Mr. Johnson said
he planned to build fee -simple townhouses, which would look like large single-
family homes, with two units to a building. The price range would be $47,000 to
$60,000 and the smallest unit would be 1080 square feet.
There were several residents of Farmstead who were concerned with the widening
of Park Street and buffer zones. They felt that when the street was widened it
would be too close to their fences on the back. Jerry Mills said that when Farm-
stead was originally built they had been granted a variance to allow them to
build that close to Park Street, which was then a dedicated street. Max Johnson
said his survey indicated that the curbing on Park Street toward the end units
at Farmstead had actually gone onto their property. His plans were to tear up
the curbing and move it 8 feet away from the property lines. Mr. Johnson ex-
plained the agreement between the City and Homeland Properties and the improve-
ments they would make to the road and park. One of the residents asked that trees
or shrubs be planted as a buffer along the roadway after it is completed. Jim
Tolleson said he thought that could be worked out with the developer. A petition
was presented to Jim Tolleson with signatures of Farmstead owners opposed to the
development.
Other residents from Rollingview Subdivision spoke in opposition, and felt the
rezoning and development would decrease the value of their homes. After discussion
Jim Tolleson made a motion the rezoning be granted, which was also the recommen-
dation of the Planning and Zoning Board. Jim Hawkins seconded the motion which
carried by a 7-0 vote.
Side -Yard Variance: Mayor Johnson read a letter from Max Johnson requesting that
the side -yard variance request for Lots 1-A and 1-B, Falling Waters, be withdrawn.
Front -Yard Setback: McDonald's on Cherokee Road requested a front yard setback
from 50 feet to 28 feet, for an addition to the existing building. This addition
would still keep the building in line with other businesses on the street. Elbert
Coalson made a motion the variance be granted. Jack Shinall seconded the motion
which carried by a 7-0 vote.
Annexation: John Steely made a motion that property located in Land Lot 381 and
located on Concord Road at Sherwood be annexed and become a part of Ward 7, the
Continued - July 6, 1981
legal description having been read and made-ra part-,ofy the minutes from--the-June 15th
council meeting. Elbert Coalson seconded the motion which carried by a 7-O.vote.
Bid Openings: (1) Bids for 28 1500-watt metal halide floodlights for Cobb Park
were opened, read and recorded as follows:
Smyrna Lighting & Electrical Supply
Mayer Electric Supply
E. Sam Jones, Distributor
All -Phase
$5,849.20
$5,506.76 ' $4,573.24 less lamp
$7,473.00''
$5,320.00' , $44,480.00 less lamp
$5,600.00 $4,732.00 less lamp
John Steely made a motion the bids be referred to committee with authority to
award to the lowest bidder. Max Bacon seconded the motion which carried'7-0.
(2) Bids"forinstallation of floodlights at Cobb Park were opened, read and
recorded as follows:
AAA Electrical Cont. & Eng. $3,800
L&L Lighting Maintenance $3,250
John Steely made a motion the bids be rejected and re -bid. Jerry Mills seconded
the motion which carried by a 7-0 vote.
(3) Bids for unit prices on curbing were opened, read and recorded as follows:
H. M. Braswell Contracting:
Quarles Contracting Inc.:
6"x9"x24" roll curb
6"xl2"x24" "L" curb
6"xl2"00" "L" curb
8"xl4"x24" "L" curb
8"xl4"x3O" "L" curb
6"xl2" header curb
6"xl8" header curb
4"x4" sidewalk
4"x5' sidewalk
4"-driveways
6" driveways
8" driveways
1518 L.F. 24" curb & gutter - $1.85 L.F.
Concrete driveways - .48 Sq. Ft.
100 L.F. OR OVER 100 L.F.
LESS IN
ONE
IN ONE
MACHINE
CURB
LOCATION,
LOCATION
OVER 500
L.F.
$8.30
L.F.
$7.05
L.F.
$4.75
L.F.
8.65
L.F.
7.20
L.F.
4.95
L.F.
9.15
L.F.
7.35
L.F.
5.80
L.F.
9.40
L.F.
7.80
L.F:
6.60
L.F.
9.80
L.F.
7.95
L.F.
6:95
L.F.
8.75
L.F.
7.20
L.F.
9.40
L.F.
7.45
L.F.
7.95
L.F.
6.30
L.F.'
8.70
L.F.
6:90
L.F.
2.15 S.F.
2.45 S.F.
2.95 S.F.
Max Bacon made a motion the bid be awarded to H. M. Braswell. Jack Shinall
seconded the motion. Max amended the original motion to state that curbing on
Lee Street be included with the bid. Jim Tolleson seconded the amendment. Vote
on the amendment and main motion carried 7-0.
Elbert Coalson made a motion the following vehicles and equipment be declared
surplus, effective July 10,'1981:
Police: 1978
Ford
LTD, #8U63C156926
Fire: 1974 Ford, #4H27Q153809
1978
Ford
LTD, #8U63C156927
1977
Ford
LTD, #7B63C281801
Parks: 1972 Ford Custom, #3U53N137815
1973
Ford
Torino 2-Dr., 4A25Q190134
1976 Pontiac Sedan,
#2029Z7P277972
(1.) Burroughs
700
Computer (damaged by fire)
1965 Chevrolet Bus,
(1) Street Sweeper
#S6725S224583
Jack Shinall seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the surplused equipment and .vehicles be sold at
public auction at the Police Station on Saturday, August 1st at 10:00 a.m. Jack
Shinall seconded the motion which carried by a 7-0 vote. Mayor Johnson said he
thought we could make a better profit on the street sweeper by selling it for
scrap and after discussion it was decided to hold off on the sale of the sweeper
until the city attorney could advise council on the legality of scrapping this
equipment.
Continued - July 6. 1981
Ordinance Amendment: Jim Hawkins made a motion..that the Code of Ordinances of
the City be amended by adding a section to be.numbered 1001 M (6).as read.into
the minutes of June 15, 1981. Jack Shinall seconded the motion which carried by
a 7-0 vote.
Jim Hawkins made a motion the minutes of June 1, 1981 be approved as submitted.
Jim Tolleson seconded the motion which carried by a 7-O.vote..
Elbert Coalson made a motion the.minutes of June 15, 1981 be approved.as'submitted.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Commercial Building Permits: Atlanta Commercial Builders requested a permit for
the construction of office and warehouse space for Walter Hendry on Concord Road
at Sherwood, at a total estimated cost of $266,000. Plans had -been approved by
the Fire Marshal and Inspections Department. Max Bacon made a motion the permit
be approved. Jerry Mills seconded the motion which carried by a 7-0 vote.
Committee Reports: John Steely said that when Plaza Drive was repaved, a big
dip was left in the road and all the water coming from Sherwood Road is going
into one of the residents yard on Plaza. Vic Broyles estimated it could cost
$800 to correct the problem and John made a motion that $800 be approved from
State Grants to correct.the drainage problem. Jerry Mills seconded the motion
which carried by a 7-0 vote.
Elbert _Coalson said he enjoyed the 4th of July festivities at King Springs Park
and the fireworks at Wade Ford and commended the police department for the good
job they did.
Jack Shinall said he had been out of town, and the garage committee would be
getting together this week to go over the unit prices.
Jack Shinall said there was a dead-end line on Highview Terrace and it is causing
quite a few problems with the homeowners at the end of the street. It will cost
$2800.to change the water line and Jack made a motion that $2800 be approved from
E&C fund to correct this problem. Jerry Mills seconded the motion which carried
by a 7-O.vote.
Max Bacon asked when the curbing on Lee Street would begin and Vic Broyles said
it would probably be.next week, with good weather.
Max Bacon said about 3.months ago we had approved a rezoning and construction,at
the corner of Concord Road and Lee Street with the stipulation that there be no
curb cuts onto Lee Street. .The developer has paved the parking area all the way
to the curb and Max said he has received complaints from several residents about
curs going in and out from Lee Street. After discussion, Attorney Camp advised
the building inspector to work with the property owners to see if they could
reach some agreement.
With no further business, -meeting adjourned at 10:24 p.m.
************************
July 20, 1981
The regular scheduled meeting of Mayor and Council was held July 20, 1981 at City
Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer
Mayor Frank Johnson. All council members were present. Also present was City
Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little,
Lt. Jim Tidwell of the Fire Prevention Bureau, Public Works Director Jim'David,
Parks and Recreation Director Bill Johnston, Building Inspector Dan Steely, Civil
Defense Director Jim Farley, and representatives of the press.
Invocation was given by Jerry Woodridge from Welcome All Baptist Church, followed
by the pledge to the flag.
Citizen Reports: Bogey Stoner, owner of Smyrna Dairy Queen, had some questions
concerning the new construction by West Lumber Company in back of his business.
Mr. Stoner said the driveway which was approved in their plans had already been
leased to him by Mr. James Pressley and he was concerned as to where the driveway
for West Lumber would be located. Inspector Day Steely stated that the construction
would not comply with the ordinance, without proper ingress and egress to South