01-07-1985 Regular Meeting" The first Mayor and Council meeting of the new year was held January 7, 1985
at. Smyrna City Hall. 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 E. Camp, City Clerk Willouise Spivey, Police
Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director
Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Defense Director
Jim Farley, Assistant City Clerk Melinda Dameron, Building Inspector Scott Stokes,
Librarian Doris Morris and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Jim Tolleson read a letter from Redd Realty, Inc. requesting that their application
for rezoning of the Northcutt property in Land Lot 775 on Spring @ Campbell
Road from Future Commercial to General Commercial be postponed to allow them
more time to complete the traffic study. Jim Tolleson made a motion the rezoning
be postponed to January 23, 1985. Jim Hawkins seconded the motion which carried
7-0.
Citizens Reports: Sue Brissey stated she still had a list of 10 to 12 businesses
on Concord Road that have not complied with our parking requirements and she
has been working on this for 3 years. Mayor Bacon told Mrs. Brissey if she would
leave a copy of her list he would have Mr. Camp look into this matter.
Proclamation: Attorney Camp read a proclamation for Jaycee Week and presented
It to President Jay Wallace.
Civil Service: •
Bob Davis, Chairman of the Civil Service Board read and presented
copies of a letter from the Board to the Mayor and Council listing the most
qualified eligible applicants for the office of the Chief of the Smyrna Fire
Department as follows:
1. Larry W. Williams
2. Samuel L. Wehunt
3. Marion E. Whitener
4. Emmett E. Hobgood
5. James D. Ruffner
6. Michael Bedenbaugh
7. Hubert W. Cochran
The Board also presented a sealed envelope containing the test scores of the
above mentioned applicants and Mayor Bacon instructed Willouise Spivey to place
the unopened envelope in the safe. Mayor Bacon said they would start reviewing
the applications tomorrow. Jim Hawkins expressed his appreciation to the Civil
Service Board members for the fine job they have done and made a motion the
r names be accepted as presented. Jim Tolleson seconded the motion which carried
7-0.
Residential Business License: Kathy Brooks stated that Michael McGee had called
('late this evening to say that he had sickness in the family and could not be
present for the meeting tonight. Kathy Brooks made a motion the residential
business license for A'&M Waterproofing at 599 Kennesaw Drive be tabled to the
next meeting. James Williams seconded the motion which carried 7-0.
Ordinance Amendments: Hugh Ragan read proposed amendments to Sections 713 and
906 of the zoning ordinance as follows, and made a motion they be approved.
Section 713 - Office/Distribution District
(713.4.1) Mini warehouses, for self storage only, which may include one (1)
apartment for a security guard or caretaker provided the apartment is an integral
part of the warehouse•,,complex and not a free standing unit and provided said
apartment shall not be leased or rent?d to any second party.
Section 906 - Required Parking Spaces
(906.27) Warehouses mini. Four spaces minimum plus one space per two thousand
(2,000) square feet, of gross storage area in excess of eight thousand (8,000)
square feet, provided .in the event the development contains an apartment, the
minimum spaces shall:be,,;increased to six (6) spaces.
There was no opposition from the audience and Jack Shinall seconded the motion
which carried 7-0.
January 7, 1985 - Continued
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-'Hugh Ragan read proposed amendments to Sections 1506, 1303, 1304 and 1305 of
the zoning ordinance as follows,,and made a motion they be approved.
Section 1506 - Withdrawal of Application
The Mayor and Council, in their sole descretion, may allow an amendment to an
application or withdrawal of an application to amend this ordinance, by the
applicant or applicant's agent, without prejudice to the applicant's ability
to resubmit such application on the same property notwithstanding the twelve
(12) month resubmittal limitation required in this article, provided said appli-
cation is withdrawn or amended on or before five o'clock (5:00) p.m. on the
Monday of the week preceding the Council meeting at which it is to be considered
by tt�e Mayor and Council; however, no more than one (1) withdrawal of an appli-
cation pertaining to a particular parcel of land shall be permitted within a
twelve (12) month period. The Mayor and Council may also, on their own motion,
amend or withdraw an application upon showing of cause of their actions, without
prejudice.
Section 1303 - variances ►�
All requests for variances shall be submitted at least two (2) weeks prior to
a regularly scheduled city council meeting. A fee, to be determined annually
by the governing body, must accompany each request. The following information
must be provided with each variance application:
1) Location of property, to be identified by land lot number, street address,
and present zoning classification. Also, general descriptive information such
as major streets or other well known landmarks.
2) Zoning classification of all adjoining property.
3) A comprehensive summary detailing the extraordinary and exceptional conditions
which will necessitate a noncomforming use.
4) Written comment of abutting property owners should the requested variance
affect minimum requirements imposed by any portion of the zoning ordinance for
the City of Smyrna.
5) A copy of the plat of the property as recorded in the office of the Clerk
of Superior Court of Cobb County, Georgia and a plat reflecting the' proposed
variance suitable and acceptable for recording in the office of the Clerk of
Superior Court of Cobb County, Georgia.
6) Signature of the subject property owner or in the case of a corporation
a duly authorized officer.
Section 1304 - Resubmittal of Variance Requests
A variance request affecting the same property shall not be submitted more often
than once every twelve months; however, this provision shall not apply to those
properties affected by an amendment filed by the Mayor and Council or Planning
fComi6ission.
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Section 1305 - Withdrawal of Variance Request
The Mayor and Council, in their sole descretion, may allow an amendment to a
variance request or withdrawal of a variance request to amend this ordinance,
by the applicant or applicant's agent, without prejudice to the applicant's
ability to resubmit such variance request on the same property notwithstanding
the twelve (12) month resubmittal limitation required in this article, provided
said variance request is withdrawn or amended on or before five o'clock (5:00)
p.m. on the Mondayi,of; the week preceding the Council meeting at which it is
to be considered by the Mayor and Council; however, no more than one (1) withdrawal
of a variance request pertaining to a particular parcel of land shall be permitted
within a twelve (12) month period: The Mayor and Council may also, on their
own motion, amend or withdraw a variance request upon showing of cause of their
actions, with prejudice.
Jim Tolleson seconded ,the motion to approve the amendments which carried 7-0.
Annexation: Hugh Ragan made a motion the Seventh-Day Adventist property in
Land Lots 530 and 551 be annexed to ;become a part of Ward 7, the legal description
having been read and, made a part of the December 17, 1984 minutes. Max Bacon
seconded the motion which carried 7-0.
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January 7, 1985 - Continued
Annexation: James 'Williams made a motion that three parcels on Davenport Street
in Land Lot 664 be annexed to become a part of Ward 3, the legal description
having been read and made a part of the December 17, 1984 minutes. Max Bacon
seconded the motion which carried 7-0.
Annexation: James Williams made a motion that property on Smyrna -Roswell Road
In Land Lot 733 be annexed, to become a part of Ward 3, the legal description
having been read and made a part of the minutes of the December 17, 1984 meeting.
Jim Tolleson seconded the motion which carried 7-0.
Request for Bids: Jim Hawkins made a motion bids be requested to replace the
outdoor warning system for one siren on Elmwood Drive, to be opened the next
,meeting. Jim said this has been approved in the 1984/85 operating budget. James
Williams seconded the motion which carried 7-0. Civil Defense Director Jim Farley
said this will give us 9 active sirens in the City and others will be installed
in accordance with their long-range plans over the next 5 years.
Bid Award: Max Bacon said that only one bid was received for the extension
of the water line on Atlanta Road and it was the committee's recommendation
this project be rebid. Max Bacon made a motion the bid be rejected and rebid
for the next meeting. Jack Shinall seconded the motion which carried 7-0.
Bid Award: Jim Hawkins stated that only one bid was received for the sound
projector and screen for the Fire Department and made a motion it be awarded
to Schoolthings, at their bid price of $896.00 to be charged to the training
budget. James Williams seconded the motion which carried 7-0.
Bid Award: Jim Hawkins made a motion the bid for 6 air packs and 6 extra tanks
for the Fire Department be awarded to American Safety and Fire House, being
the low bidder at $987.50 each for air packs and $250.50 each for the extra
tanks. Jim stated that this expenditure would almost deplete the training budget
and also recommended this expenditure be paid from General Fund Contingency.
Hugh Ragan seconded the motion which carried 7-0.
Bid Award: Hugh Ragan said the Engineering Committee had reviewed all bids
received for engineering services for the City and made the following recommen-
dations:
1) Retain Mallett & Associates as city engineer for routine daily operations
such as reviewing site plans, blue prints, etc.
2) Retain Welker & Associates for all water and sewer consulting work and all
other related studies.
3) Retain Hensley -Schmidt for all zoning, variance and other ordinance related
work and also to continue with the Future Land Use plan for the City.
Further, the committee recommended that any consulting work not covered would
beldetermined by Mayor and Council as to who will get that work. Also, the consultant
involved in these particular areas be required to be present at every meeting
where there is any item on the agenda relating to any work they are doing for
the City.
Hugh Ragan made a motion the bid be awarded as specified above. Jim Hawkins
seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by
Inspector Scott Stokes and recorded as follows:
(1) Highlands Apartments at 2525• Ward Street requested a building permit to
repair fire damage at a total estimated cost of $15,000. Kathy Brooks made a
motion the permit be, approved subject to approval of the City Engineer and Fire
Marhsal. Max Bacon seconded the motion which carried 7-0.
(2) R-Value, 3265 Atlanta Road requested a building permit for an addition
to the existing building at a total estimated cost of $50,000. Jack Shinall
made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Max Bacon seconded the motion which carried 7-0.
(3) Pattillo Construction requested a building permit for construction at 4300
Highlands Park Drive for office/warehouse space at a total estimated cost of
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January 7, 1985 - Continued
$500,000. Hugh Ragan made a motion the permit be approved subject to approval
if the City Engineer and Fire Marshal. James Williams seconded the motion which
carried 7-0.
Planning & Zoning Board Appointments: Jim Tolleson made a motion that Marion
Wilhelm be reappointed to the Planning and Zoning Board representing Ward I.
Max Bacon seconded the motion which carried 7-0.
Max Bacon made a motion Joel Harrell be appointed to the Planning and Zoning
BoardrepresentingWard 2. Jim Hawkiris.seconded the motion which carried 7-0.
J'im Hawkins made a motion that Jack Strickland be reappointed to the Planning
and Zoning Board representing Ward 4. James Williams seconded the motion which
carried 7-0.
Hugh Ragan made a motion that Ray Houston be appointed to the Planning and Zoning
Board representing Ward 7. Max Bacon seconded the motion which carried 7-0.
Hugh Ragan said that Gene Jernigan had done a fine job and thanked him for serving
on this Board in the past.
Approval of Minutes: Jim Tolleson .made a motion the minutes of December 3,
1984 be approved as submitted. Jack Shiriall seconded the motion which carried
7-0.
Jim Hawkins made a motion the minutes of December 12, 1984 be approved as submitted.
James Williams seconded the motion which carried 7-0.
Jim Hawkins made a motion the minutes of December 17, 1984 be approved as submitted.
Jack Shinall seconded the motion which carried 7-0.
Jim Hawkins made a motion the proposed Georgia Motor Vehicle Accident Reparations
Act ordinance be tabled to the next meeting until we can get a little more infor-
mation from the State. James Williams seconded the motion which carried 7-0.
Max Bacon made a motion approval be given to purchase 500 underground garbage
can liners at a total cost of $5,515.00. James Williams seconded the motion
which carried 7-0.
Committee Assignments: Mayor Bacon announced the following changes in committee
assignments, to become effective at midnight tonight.
FINANCE & ADMINISTRATION Jack Shinall, Chairman
James Williams
Max Bacon
PUBLIC SAFETY
POLICE, FIRE & CIVIL DEFENSE Hugh Ragan, Chairman
Jim Hawkins
I , James Williams
STREETS, MAINTENANCE
AND GARAGE Max Bacon, Chairman
Hugh Ragan
Kathy Brooks
ENGINEERING & INSPECTIONS Arthur Bacon
Hugh Ragan
Jim Hawkins
WATER & SANITATION James Williams, Chairman
Max Bacon
Jack Shinall
PARKS & RECREATION, INSURANCE Jim Hawkins, Chairman
Jack Shinall
Kathy Brooks
LIBRARY, EMPLOYEE BENEFITS,
ALCOHOL & PRIVILEGED LICENSE Kathy Brooks, Chairman
Jack Shinall
Hugh Ragan
January 7, 1985 - Contnbed
-� Committee Reports: (Library) Doris Morris reported on library activities and
stated that Federal tax forms were now available.
(Parks) Sherry Reavis reported the new Recreation Supervisor started work today.
Jack Shinall stated that Billie Stephens had served on the Planning and Zoning
Board since his first year in office. He did a good job and loved this city.
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Billie passed away on January 4th and Jack expressed his appreciation to the
Stephens family for the fine job he did and offered his support.
2nance) James Williams said we are now advertising for a City Administrator
,will be accepting applications through February 15th. To date, we have about
24 applications.
Max Bacon stated that letters had been sent to the State and County about the
traffic problems in the City and also to the School Board about projected growth
in our school system. This information was requested as a result of the 90 day
moratorium approved at the November 5th meeting. The County is in the process
of revamping some roads in this area and we will be getting a response from
them to that effect. Max said that hopefully we would have a recommendation
after the 90 days; if not, we may want to extend the moratorium another 60 days
until the study is completed.
i Max Bacon reported on the problem the residents of Ann Road have had with the
passing track constructed by Seaboard Railroad, behind their homes. This track
is actually being used as a yard for the railroad, with trains parking there
for hours at the time. Max said he has contacted many people about this problem
including officials from the railroad, the Public Service Commission and Congressman
Buddy Darden and they say there is nothing they can do. His most recent contact
was with the railroad office in Jacksonville and they have promised an answer
within a week.
The entire council expressed their appreciation to Jim Tolleson for the fine
job he has tone as Ward 1 Councilman for the past 9 years and let him know that
he would be missed by all.
Jim Tolleson said it had been an honor and privilege to serve the City the past
9 years. A lot has been accomplished, including the King Springs Park complex;
annexation of over 2,000 acres; improvement in city services; improvement in
employee salaries and benefits. Jim offered his resignation, effective at 12:00
midnight to serve in the State Senate but stated he knew he was leaving the
City in good hands. Jim also expressed his appreciation to the many people that
had helped him through these years. Jack Shinall made a motion the resignation
be accepted with regrets. Max Bacon seconded the motion which carried 7-0.
Mayor Bacon presented the traditional crystal jonquil to Jim and Barbara, along
with an engraved plaque.
( M�or Bacon said it would be necessary to hold an election in Ward 1 to fill
Jim's unexpired term. The election date has been set for February 19, 1985,
with qualifying January 23 through 25. Max Bacon made a motion the rules be
suspended to approve the election dates. Jim Hawkins seconded the motion which
carried 7-0.
Max Bacon made a motion the Ward 1 election be held February 19, 1985, with
qualifying dates January 23 through 25. Jim Hawkins seconded the motion which
carried 7-0.
Mayor Bacon said that he hoped whoever was elected would continue to do the
same good job Jim has always done.
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Mayor Bacon said he did not like the logos being used on the newer city vehicles
and felt we should., continue with the logos we have always used. Also, we have
been having poor turnouts at our agenda meetings and should discuss either changing
the times or doing away; with them completely if we can't have full participation.
Upon the recommendation of Mayor 'Bacon, Jim Tolleson made a motion that Jim
Hawkins be made Mayor Protem for the remainder of this year. James Williams
seconded the motion which carried 7-d.
With.no further business, meeting adjourned at 8:48 p.m.