08-03-1981 Regular MeetingAugust 3, 1981
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on August 3, 1981, at Smyrna 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, Acting Fire Chief Hubert Cochran, Public Works Director
Jim David, Parks & 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.
Citizen Reports: (1) Jim Dewer of 113 Belmont Circle requested a variance to allow
him to erect a chain -link fence in his front yard. Mayor Johnson said this variance
would have to go before the Planning & Zoning Board and be properly advertised
before coming before council for a decision. Mr. Dewer also requested that a street
light be installed on Belmont Circle and Elbert Coalson made a motion the street
light be approved. John Steely seconded the motion which carried by a 7-0 vote.
Attorney Camp advised Mr. Dewer to check his deed and be sure there were no restric-
tive covenants in the subdivision to prevent him from installing a fence in his
front yard.
(2) Smyrna Athletic Association requested a parade permit for their opening day,
August 22nd beginning at 10:00 a.m. The parade will leave from Belmont Hills and
proceed to King Springs Park. Elbert Coalson made a motion the permit be granted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
(3) The•Oakdale Lodge #736 requested permission to hold a bucket brigade on
August 15th at the intersections of Spring and Atlanta Road, and also Spring at
Hargrove, with proceeds going to the Masonic Children's Home in Macon. The lodge
representative was advised to check with Chief Little to be sure it would not present
any problem with the police department.
Presentation: Civil Defense Director Jim Farley said James David Hale had served
the City for 6 years as Rescue Chief for Civil Defense and was now resigning. Jim
presented Mr. Hale with his badge, patches, etc., and expressed his appreciation
for his many years of service to the City. Mayor Johnson read a proclamation
honoring Mr. Hale and his wife Donna and presented it to him.
Annexation: Jim Tolleson made a motion that property belonging to A. P. Dodd,
located in Land Lot 707 be annexed into the City of Smyrna and become a part of
Ward li-the legal.description having been read and made a part of the minutes of
July 20, 1981. Max Bacon seconded the motion which carried by a 7-0 vote.
Rezoning: A. P. Dodd requested rezoning of property just annexed, from R-20 to
RM-12. There was no opposition, and Jim Tolleson made a motion the property be
rezoned as requested. John'�Steely sec onded the motion which. carried by a 7-0 vote.
Annexation: Elbert Coalson made a motion that property located on Pat Mell Road,
Land Lot 348, belonging to M. Eugene Barnes, be annexed into the City of Smyrna to
become a part of Ward 6, the legal description having been read and,made a part of
the minutes of July 20, 1981. There was no opposition. Jack Shinall seconded the
motion which carried by a 7-0 vote.
Show Cause Hearing: Mr. John Smith representing Glendale Enterprises and Alton
Curtis representing Smyrna Dairy Queen were present along with Mr. James Pressley
of Glendale Enterprises and Mr. Howard Ashworth with West Lumber -Company. This
hearing is for the purpose of determining ingress and egress from South Cobb Drive
to the new construction of West Lumber Company. Alton Curtis stated the plans which
had been approved by Council for West Lumber Company.encompassed a portion of
property which had been previously granted to Smyrna Dairy Queen. The plans indi-
cated the property in question would be used as a driveway for West Lumber Company.
Mr. Curtis said his client had a valid addendum to his lease and wanted to protect
his property which was given to him for parking purposes.
Mr. Smith said he acknowledged that the property, being 15' wide by 150' long,
had been leased to the Dairy Queen to be used for parking for their customers and
other parties in the area. They had inadvertently failed to show that on their
initial presentation to the City. Mr. Smith said their proposal was to move the
parking area over 3 feet closer to the property line, and once there it would remain
protected throughout the remainder of the lease. After the parking area is relocated
it would leave 22.8 feet of unencumbered right of way for the driveway to West
Lumber Company. There is also an additional 15 feet of driveway for Fair's Restaurant
which they have always been allowed to use. Jim David said he felt a 22 foot right
of way would be sufficient to handle the traffic. Mr. Curtis reviewed the plans
Continued - Auqust 3, 1981
and said he would rely on the word of the professional engineer that it was correct
and would accept their proposal. Attorney Camp said that commercial driveways were
regulated by the State in Section 95A-942 of the Code, and said in this case the
City would not have the right to regulate the driveway since it came off a State
road, as long as there was ingress and egress to the property in which the building
permit had been issued. Jim Hawkins made a motion the new plat as presented and _
agreed upon by the parties present be approved. Jerry Mills seconded the motion.
Jack Shinall said he had been approached by several people in the area about the
safety involved and asked that West Lumber try to hold the heavy truck traffic to
a minimum. Vote on the motion to approve the plat carried by a 7-0 vote.
Variance: Mr. Tom Lawrence representing !Jest Lumber Company requested a variance
from the sign ordinance, on height and copy area. Mr. Lawrence said they wished
to make an amendment to the original application for variance in order to more
conform with the ordinance. They requested approval for a sign 12' x 13' instead
of 18' x 20' as was originally requested. These signs are manufactured for the
company on a massive basis and to have a different size would require a different
set of plans and forms. Mr. Lawrence said the other request was for a variance
on the height to 482'feet, which wouldiallow a 3 foot clearance of the Dairy Queen
sign.
Bogey Stoner of Smyrna Dairy Queen said from the plans presented tonight, it looked
as if the supports for the sign were taking a parking space. Following further
discussion, Jerry Mills made a motion the request be tabled to the next meeting
to allow West Lumber Company time to submit their amended application to the
Inspections Department. Max Bacon seconded the motion which carried by a 7-0 vote.
Mr. Al Ethier of Victory Cab Company requested approval of a rate increase. The
present scale is $1.00 for the first 1/8 mile or fraction thereof and lU for
each 1/8 mile or fraction thereof. The proposed new rate would be $1.00 for the
first 1/5 mile or fraction thereof, and 20¢ for each 1/5 mile or additional fraction
thereof. The clock would remain at the same $8.00 per hour rate. These new rates
are the same as used by the City of Atlanta, and would be used in Marietta as well
as unincorporated areas. Mr. Etiher said approximately one-third of the cabs are
owner -operated and the rest are owned by Victory Cab. The rate increase will apply
to any car with a Victory Cab sign on it. Following discussion, Elbert Coalson
made a motion the rate increase be approved. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Jerry Mills made a motion the final plat submitted by Reed Konigsmark for duplexes
on Sunset Avenue at Reed be approved. John Steely seconded the motion which carried
by a 7-0 vote.
Amendment to Fire Code: Max Bacon said our Fire Code did not have any provisions
for buildings such as hotels, motels, apartments or retirement homes. This proposed
addition to the Code would apply to fully -sprinkled buildings only. Max Bacon
made a motion that Section 2819-B & C, 2820-C of the Code be amended as follows:
Section 2819 (b) Fire wall definition: Fire walls shall be self-supporting
from the foundation, and shall extend through and thirty-six (36) inches
above combustible roofs, and shall extend not less than eighteen (18) inches
beyond the roof overhang. Fire walls need not extend through fire resistive
roof decks. Fire walls shall be twelve (12) inches thick and seventy-five
(75) per cent solid or of U.S. approved blocks for a four (4) hour fire block.
A combustible roof shall not project around the ends of the fire wall. There
shall be no unprotected openings in fire walls. (Ord. of 6-2-75)
(c) Hotels, motels, or apartments less thantseventy-five (75) feet in height,
which are fully provided with a total automatic sprinkler system as per
National Fire Protection Association Standard 13 may not be required to
contain fire walls as specified in paragraphs (a) and (b) above.
Section 2820 (c) Each individual living unit within a hotel, motel or apart-
ment building which is less than seventy-five (75) feet in hbight, and is
fully provided with a total automatic sprinkler system as per National Fire
Protection Association Standard 13 shall have two (2) means of escape, both
being doors, as remote from each other as possible, of which at lease one
door shall lead to an unobstructed corridor which is also required to lead
in at least two (2) separate directions of travel to permit discharge at
ground level at either direction, and with one (1) such exit located within
at least one hundred fifty (150) feet from the door of the individual living
unit.
Continued - August 3, 1981
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Jack Shinall made a motion the qualifying dates for the City election be set for
August 31, 1981 through September 4, 1981. Jim Hawkins seconded the motion which
carried by a 7-0 vote. (See minutes of August 17, 1981)
Elbert Coalson made a motion that Dusty Bennett be appointed Superintendent of
the election. Max Bacon seconded the motion which carried by a 7-0 vote.
Jim Tolleson made a motion the minutes of July 6, 1981 be approved as submitted.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the minutes of July 20, 1981 be approved as submitted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Commercial Building Permits: (1) John & Lamar Dickson requested a permit for an
addition of three new buildings to Dickson Shopping Center at an estimated cost of
$75,000. Plans had been reviewed by the Fire Marshal and Inspections. John Steely
made a motion the building permit be approved. Jim Hawkins seconded the motion
which carried by a 7-0 vote.
(2) King Springs Village, 4040 King Springs Road requested a building permit for
the construction of 192 units at a total estimated cost of $5,770,000. Plans
had been approved by the Fire Marshal and Inspections Department. Jack Shinall
made a motion the permit be approved. Elbert Coalson seconded the motion which
carried by a 7-0 vote.
Committee Reports: (Parks) John Steely said the Smyrna Connie Mack team won the
State championship and would play in the National championship in Virginia.
(Civil Defense) Elbert Coalson read a letter from Jim Farley along with a list
of items to be surplused and sold August 22nd. Mr. Farley also requested that
proceeds from the sale of this equipment be made available to the Civil Defense
Department for their use. Elbert Coalson made a motion these items (list to be
made a part of these minutes) be surplused and the proceeds used for the purchase
of items for Civil Defense. Jack Shinall seconded the motion which carried by a
7-0 vote.
(Water) Jack Shinall said we are having a water shortage, especially in the south-
west area of the City and we should conserve as much as possible.
(Employee Benefits) Max Bacon made a motion that we request bids for employees
health insurance, to be opened by the first meeting in October. Jack Shinall
seconded the motion which carried by a 7-0 vote.
Max Bacon read the names of employees appointed to serve on the Employees Insurance
Committee as follows: David McKenzie,Fire Department; Nora Proctor, City Hall;
Vic Broyles, Public Works; M. L. Brown, Police Department; Doris Morris, Library;
Sherry Reavis, Parks & Recreation; Dick O'Hara, Civil -Defense. Max said there
would be a meeting with this committee at 4:15 p.m. on August 6th.
(Sanitation) Jim Tolleson said there was still some confusion about the trash
pickup schedule. For the past few months we have been picking up light trash
the first 3 weeks, and heavy items the last week of the month. For the remainder
of the year, we will be picking up light items the first 2 weeks, and heavy and light
items the second 2 weeks of the month. The county requires us to separate material
by weight and this is the reason the citizens are asked to separate items to be
picked up. The county has also increased our tonnage rate from $3.75 to $5.75,
which will require an additional $21,000 to our budget for trash pickup. Jim said
he would like the Sanitation Committee to meet and put some information together
for proposals on commercial and residential trash pickup. It will probably be
October before the proposals are ready to mail.
With no further business, meeting adjourned at 8:40 p.m.
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August 17, 1981
The regular scheduled meeting of Mayor and Council was held August 17, 1981 at
Smyrna City Hall. The meeting was called to order by presiding officer Mayor