07-06-1982 Regular MeetingJuly 6, 1982
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on July 6, 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 except Jack Shinall
who was on vacation. Also present was City Attorney Charles 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, Civil Defense Director Jim Farley, Acting Building Inspector Larry
Dunn and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
Citizens Reports: E. L. Stevens, Pastor of the Bethel Baptist Church, thanked Mayor
and Council for attending their special program and repairing curbs and potholes around
the church.
Dottie Majors of Sharon Circle had some questions about the construction of the shopping
center on South Cobb Drive at Brown Road. She said she had attended the zoning hearing
and understood there was to be only one drive onto Brown Road, and there were to be
no left-hand turns. Mrs. Majors had a rough plat that showed only one driveway. The
application for rezoning was presented by Mr. Plunkett, who is not the present developer.
The property was zoned in 1979, but construction did not start until 1981, and the plans
approved for construction showed the two driveways. Mayor Bacon told Mrs. Majors he
would try to find the original plans and see how this happened. Mrs. Majors is con-
cerned a street will be cut through from Brown Road to Sharon Circle, endangering the
children going to and from the school.
A citizen reported a speeding problem on Dunn Street and requested a stop sign at
Dunn Street and Legion Drive. Jim Hawkins stated he would notify the new streets
committee chairman and see what could be done to correct this problem.
Mayor Bacon advised the rezoning request for 1090 Concord Road from R-15 to Limited
Commercial had been withdrawn as of July 1, 1982, and would have to be applied for,
reposted and readvertised before being heard. A citizen reported the rezoning was not
posted on McCauley or Ridgecrest; only on Concord Road. Mayor Bacon said that if
another rezoning was applied for, signs would be properly posted on all streets.
Annexation: Jim Tolleson moved that the Northcutt property located in Land Lot 775
at Spring Road and Campbell Road, as described by legal read into the minutes of
June 7, 1982, be annexed into the City of Smyrna and become a part of Ward 1. Max
Bacon seconded the motion which carried by a 6-0 vote.
Annexation: Jim Tolleson moved that the Northcutt property, located in Land Lots
702, 703, 738 and 739 at Spring Road through to Campbell Road, as described in legal
read into minutes of the June 7, 1982 meeting be annexed into the City of Smyrna and
become a part of Ward 1. Sarah Jones seconded the motion which carried by a 6-0 vote.
Rezoning: Thomas J. Northcutt, Jr., Christopha N. Sanders and Wimberly N. Bennett
requested property located in Land Lot 775 be rezoned from R-20 to Future Commercial.
John McClure, representing the petitioners, stated that at a later date this property
would be developed into an office condominium complex. Mayor Bacon read the minutes
of the Planning and Zoning Board in"which they recommended this property be rezoned.
Mr. Limerick of Argyle Estates and a citizen from Dunn Street opposed the rezoning.
After discussion, Jim Tolleson moved the request to rezone property located in Land
Lot 775 from R-20 to Future Commercial be approved. James Williams seconded the motion
which carried by a 5-1 vote, with Max Bacon opposed.
Rezoning: Thomas J. Northcutt, Jr., Christopha Northcutt Sanders and Wimberly Northcutt
Bennett requested property located in Land Lots 702, 703, 738 and 739 be rezoned from
R-20 to Condominiums. Jim Tolleson read minutes of the Planning and Zoning Board in
which they recommended the rezoning be approved. Mayor Bacon introduced'Mr. George
Lane who described and answered questions about the development he hopes to construct
on this property. Jim Tolleson said Mr. Lane first applied for apartment zoning but had
agreed to build condominiums on the entire 70 acres, with a 100 foot buffer. Mr. Lane
stated one entrance is planned for Campbell Road and two on Spring Road. Six citizens,
including Mike Smith and Mr. Limerick opposed the rezoning. Attorney Camp asked Mr.
Lane if he understood the zoning classification and the answer was yes. After
further discussion Jim Tolleson made a motion that the property be rezoned as a Planned
Unit Development, Residential Group Project and further to allow development of 9.5
units per acre as a variance from 8 units per acre, as provided in the City Code of
Ordinances for development of condominiums only on the property, all as provided in the
City Code. Provided, however, any other use of the property shall require rezoning
by the City. Sarah Jones seconded the motion which carried by a 5-1 vote, with Max
Bacon opposed.
July 6, 1982 - Continued
Rezoning: B. Wilmont Williams requested property located in Land Lot 708 be rezoned
from General Commercial to Light Industrial. Jim Tolleson read minutes of the Planning
and Zoning Board meeting in which they recommended the rezoning be approved. After
discussion, Jim Tolleson moved that property located in Land Lot 708 on Smyrna -Roswell
Road, be rezoned from General Commercial to Light Industrial as requested. Jim
Hawkins seconded the motion which carried by a 6-0 vote.
Validation of Signatures: George Poole requested annexation of property located in
Land Lots 702, 738 and 739 on Campbell Road (Aunt Fanny's Cabin). Attorney Camp read
the annexation request and legal description 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 702, 739 and 738
of the l7th District, 2nd Section, Cobb County, Georgia and being more parti-
cularly described as follows:
BEGINNING at a point located on the northwesterly side of the right-of-way of
Campbell Road 541 feet northeasterly as measured along said right-of-way of
Campbell Road from the intersection of said right-of-way of Campbell Road and
the easterly right-of-way of the N.C. and St. Louis Railroad; from this POINT
OF BEGINNING, continue thence northeasterly along'the northwesterly side of
Campbell Road 600 feet to an iron pin; running thence northwesterly a 90 degree
interior angle with the right-of-way of Campbell Road 500 feet to an iron pin;
thence southwesterly parallel to the said right-of-way of Campbell Road 600 feet
to an iron pin; continuing thence in a southeasterly direction at an interior
angle of 90 degrees with the preceding course, 500 feet to the rightl.�of-way
of Campbell 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/GEORGE M. POOLE, JR.
Jim Tolleson moved the signature be validated and the hearing be set for the last
meeting in July. Max Bacon seconded the motion. Jim Tolleson amended the motion
to hear the request the first meeting in August. Max Bacon seconded the motion.
Vote on the amended motion and main motion carried 6-0.
Mayor Bacon asked all Council members to start thinking of someone to appoint to
the Industrial Authority.
Ordinance Amendment: Jim Tolleson read an ordinance change, amending Section 6-108
as follows:
Notice of Violation: If any sign is erected or maintained in violation of any
of the provisions of this article, the building inspector shall have the power
to give the owner thereof written notice of such violation. Said notice shall
include a brief statement of the particulars in which this article is violated
and the manner in which such violation is to be remedied. If a sign has been
registered with the building inspector, notice to the registered owner.or to the
person receiving the permit shall be sufficient.
If a sign has not been registered and the owner is not known, said sign may be
removed immediately by.the building inspector. If the sign is not removed by
the owner, the building inspector shall have the right to remove such sign at
the expense of the owner thereof.
A motion was made by Jim Tolleson to approve the ordinance change. Elbert Coalson
seconded the motion which carried by a 6-0 vote. Jim said the intent of the change j
was to remove the 10 day waiting period before the building inspector could remove
an illegal sign; also to allow the City to fine the person or persons benefiting from
the placement of the illegal sign the sum of $5.00 per sign removed.
Max Bacon stated the Parks and Recreation Department had some old and wornout equip-
ment and made a motion the following items be surplused:
July 6, 1982 - Continued
1 - Case 224 Tractor #9724787
1 - Sears Craftsman Tractor #131-9636F
2 - Echo Weedeaters - Model #302A
3 - Green Machine Weedeaters - #201604, 271861, 296804
r.' 1 - Compactor, Sweeper - #1375-86337
1 - Yazoo - 52" - #402503
1 - Sears Reel Mower - #17481660
1 - Jacobsen Push Mower - #24820
Jim Tolleson seconded the motion which carried by a 6-0 vote. Max Bacon moved to
send out bids for the above mentioned equipment. Jim Tolleson seconded the motion
which carried by a 6-0 vote.
Jim Tolleson made a motion the minutes of June 7th and June 21st be approved as sub-
mitted. James Williams seconded the motion which carried by a 6-0 vote.
Business License: Nancy McMillen requested a business license for "Sister Christian
Palmist", 39 Cherokee Road. Mrs. McMillen was not present and Elbert Coalson
made a motion the license be denied. Jim Tolleson seconded the motion which carried
by a 6-0 vote.
Mayor Arthur Bacon recommended Larry Dunn be appointed Building Inspector and City
Marshal. Elbert Coalson made a motion this recommendation be approved. Jim Hawkins
seconded the motion which carried by a 6-0 vote.
Sarah Jones advised the Willowbrook sewer line was out last week and lightning
knocked it out again Sunday night. It was so bad the creek had to be flushed, and
Sarah said she considered the replacement of this sewer line with a gravity flow line
an emergency and made a motion.that..Mayor Bacon be authorized to negotiate a contract
with James E. Lovern with work to begin as soon as possible. The engineer study
cailed out a cost of $100,000 to $110,000 to replace the three pump stations with a
gravity flow line. Jim Tolleson seconded the motion which carried by a 5-1 vote.
Max Bacon opposed.
Mayor Bacon urged council to work as committees and read the reassignment of council
committees as follows:
FINANCE & ADMINISTRATION
Jim Hawkins, Chairman
Jim Tolleson
James Williams -
PUBLIC SAFETY
POLICE, FIRE & CIVIL DEFENSE
James Williams, Chairman
Max Bacon
Jim Tolleson
STREETS, MAINTENANCE
\
AND GARAGE
Elbert Coalson, Chairman
Jim Hawkins
Sarah Jones
ENGINEERING & INSPECTIONS
Max Bacon, Chairman
Elbert Coalson
Jack Shinall
WATER & SANITATION
PARKS AND RECREATION
& INSURANCE
LIBRARY, EMPLOYEE BENEFITS,
ALCOHOL & PRIVILEGED LICENSES
Jim Tolleson, Chairman
Jack Shinall
Jim Hawkins
Sarah Jones, Chairman
Max Bacon
James Williams
Jack Shinall, Chairman
Sarah Jones
Elbert Coalson
There were no commercial building permit requests.
July 6, 1982 - Continued
Jim Hawkins made a motion that Saturday, July 31, 1982 be set as the date for a
city auction. Several vehicles and miscellaneous items have been surplused and
will be up for sale. Sarah Jones seconded the motion which carried by a 6-0 vote.
Sarah Jones said the City was being criticized for laying pipe and hauling in dirt
for citizens. She said the City had for years, laid pipe and filled the hold with
dirt, for citizens who paid for the pipe. Sarah said the county did this in the
past, but now will only lay the pipe, and it is the responsibility of the property
owner to refill the hole and do the landscaping. She recommends the City adopt the
county policy and stated she would introduce an ordinance at the next meeting.
Doris Morris gave a report on the library summer program.
Jim Hawkins said he could not understand why homeowners should bear the expense
of correcting certain drainage or.,eroision problems when it may be caused from a
city easement. Mr. Camp said it would have to depend on the particular circumstances
and what the easement covers. Normally it is the responsibility of the homeowner
to maintain their property outside the city easement, but the City is obligated to
see that water flows through the easement. Mr. Camp said that each case would have
to be handled individually. There are other ways to correct erosion, but a creek
will cause natural erosion of banks.
James Williams said he enjoyed the 4th of July activities and thanked the Police,
Fire and Civil Defense departments for their help and participation.
Max Bacon thanked Sherry Reavis and the Parks staff, the Smyrna Hospital, American
Legion Post 160, the American Legion Auxiliary, Peoples Restaurant, Smyrna Jaycees,
and all the others that helped make July 4th a great success.
Jim Tolleson said he continued to get requests and calls about traffic signalization
at Bell Drive. He has failed in his efforts thus far but will continue to try to
solve this problem.
Jim Tolleson read the following Resolution and moved it be adopted:
WHEREAS:
We realize you work for a yankee newspaper, the Atlanta
Journal, and
WHEREAS:
Your column leaves much to be desired in the way of humor
and taste, and
WHEREAS:
You, in your column, have continued to ridicule, slander,
humiliate and poke fun at the City of Smyrna, and
WHEREAS:
The City of Smyrna was incorporated in 1872 and today
consists of 23,000 relatively intelligent citizens who take
pride in the many accomplishments of the Jonquil City and
continues in its efforts to improve its quality of life.
For example, the City of Smyrna Parks and Recreation Depart-
ment has been named one of the five best Parks and Recreation
Departments in the National Gold Medal Awards for excellence
in the field of Parks and Recreation. We are proud of our many
city employees. Further, Smyrna is one of the fastest. growing
communities in metropolitan Atlanta and was ranked third in
average school years completed, and first in average family
income both in the 1970 and 1980 census. Smyrna has been
awarded Certified City status, and the Campbell High School
Boys Basketball team won the State Championship this year, and
WHEREAS:
Even your troubled mind must recognize that we as a city have
much to be proud of and resent your continued degrading
remarks; now
THEREFORE:
The Mayor and Council of the great City of Smyrna do hereby
ban you, Ron Hudspeth, and your silly haircut, from the
city limits of Smyrna until you have apologized to her
citizens.
Be it further resolved that if your remarks continue, the sale
of that yankee newspaper will also be banned from our city.
Max Bacon seconded the motion which carried by a 6-0 vote..
July 6, 1982 - Continued
Mayor Bacon advised that Ray Brooks was the Civil Service Board member selected
by the other Civil Service Board members. Due to the untimely death of Mr. Brooks,
Bob Lynn Davis was selected to fill the unexpired term, effective July 2, 1982.
With no further business, meeting adjourned at 9:30 p.m.
July 19, 1982
The regular scheduled meeting of Mayor and Council was held July 19, 1982 at Smyrna
City Hall. All Council members were present. Also present was. City Attorney Charles
Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Public Works Director
Jim David, Parks and Recreation D;[rector Sherry Reavis, Librarian Doris Morris, Civil
Defense Director Jim Farley, and representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag.
Mayor Bacon read a proclamation in honor of Daryl Bedford, proclaiming July 19, 1982
as Daryl Bedford Day, for his outstanding athletic achievements in leading the
Campbell High School Boys Basketball team to the State Championship.
Citizen Reports: Sue Brissey complained of political signs being posted on utility
poles throughout the City and said promises had been made since 1976, with no changes
or improvements being made. Mayor Bacon said we are working on the problem, and
asked her patience in giving the City a little more time to find a solution. Larry
Dunn said a list was being kept in the Inspections Department of signs being illegally
posted and these people can be cited into court.
Privilege License Transfer: Casa Gallardo Mexican Restaurant, 2728 Spring Road,
applied for a wine, beer and liquor pouring license. The applicant, Martha Ann
Bunting was not present, and Jack Shinall made a motion the request be tabled to
the next meeting. Jim Hawkins seconded the motion which carried by.a 7-0 vote.
Rezoning: Paul Argo requested rezoning of property at 1566 Spring Street, Land Lot
59 , from R-15 to Office -Distribution. Mr. Argo was not present and Max Bacon made
a motion this request also be tabled to the first meeting in August. Jim Hawkins
seconded the motion which carried by a 7-0 vote.
Rezoning: John Wieland, President of John Wieland Homes, requested rezoning of
property on Woodruff Drive at Spring Road from R-15 to Residential Townhouse District.
Mr. Wieland said he would build 24 townhomes on the site. The entrance and exit will
be on Woodruff Drive, with no entrances on Spring Road. This property abuts Argyle
Elementary School and other commercially zoned property. The Planning and Zoning
Board had unanimously recommended the rezoning be approved, and Jim Tolleson made a
motion the property be rezoned as requested. Jim Hawkins seconded the motion which
carried 7-0.
Rezoning: Ivy Ayers requested rezoning of property at 3089 Dunton Street from R-15
to General Commercial to allow him to raise small birds, such as parakeets, canaries,
cockatiels. Mr. Ayers sais he did not know how many birds he would begin with, but
they are not noisy and should not cause any disturbance to the neighbors. The
structure used to house the birds would be built behind his home, which is on a
100'.x 150' lot. Mr. Johnny Watson was spokesman for several in the audience opposed,
and also presented a petition from approximately 28 surrounding neighbors opposed
to the rezoning (petition to be made a part 11 !of these minutes). Mr. Watson said they
were concerned because of the noise disturbance; also the building Mr. Ayers is
constructing is not being professionally dAne and is too close to the property line.
Jim Hawkins read the minutes from the Planning and Zoning Board meeting where they
denied recommendation of the rezoning,fand made a motion the zoning request be denied.
Max Bacon seconded the motion which carried by a 7-0 vote. Jim said he felt this would
be spot zoning since there is no other commercially zoned property abutting Mr. Ayers'.
There were no commercial building permits to bring before council.
Sarah Jones said that in many cases, the City is required to enter onto private
property to lay pipe or correct drainage problems and recently we have received
criticism about also relandscaping the property after the work is completed. Mrs.
Jones said she felt we should adopt the same the policy the county uses, and made a
motion the following policy be adopted: