01-23-1985 Regular MeetingThe regular scheduled meeting of Mayor and Council was held January 23, 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, Assistant City Clerk
Melinda Dameron, Building Inspector Scott Stokes, Civil Defense Director Jim
Farley, Librarian Doris Morris and representatives of the press.
Invocation was given by James Williams, followed by the pledge to the flag.
Citizens Reports: Fred Bostick spoke on behalf of Hubert Cochran, urging council
to appoint him Fire Chief. Mr. Bostick said he was the most qualified person
for the job and reminded them of the petition submitted 3 years with over 600
names, asking that he be made chief. Jim Hawkins said the petition was a part
of the permanent record and would be taken into consideration. Mayor Bacon said
the council would probably re -interview several of the candidates before making
a decision.
Sue Brissey asked about the status of the paved parking lots on Concord Road.
Mr. Camp said he was making some progress toward taking action.
Mr. Allen Perry with Bell South Mobility asked when the moratorium would be
lifted on variances. Mr. Perry said they need to raise the height of their tower
on Corn Road, which would require a variance and urged council to let his company
file an application for a variance. Mr. Perry was told he could file an application
now, but it could not be heard until the moratorium was lifted.
Rezoning: Buddy Redd represented Thomas J. Northcutt in their request to rezone
approximately 7} acres in Land Lot 775 from Future Commercial to General Commercial.
There was a large group in opposition and representatives from both sides were
sworn in by.Attorney Camp. Mr. Redd said they were proposing a retail developmenet
on this property which is presently zoned Future Commercial. The land plan was
prepared by Mayes, Sudderth and Etheredge and the development would meet all
setback requirements. They also hired LRE Engineers to prepare a traffic study
of the area and their plans indicate the development would make a regional
improvement on traffic. Mr. Redd said the existing traffic is the reason they
want to place retail stores on the site, but it would not generate additional
traffic. They now have an alternate plan, which would re-route Campbell Road
through their property at their expense, and actually mean swapping right of
ways. This would eliminate the existing light at Campbell Road which would be
moved to Carolyn Drive. Mr. Redd said they also had given up one curb cut on
Spring Road which was about the best they could do.
Max Bacon asked if they had done a study concerning schools in the area. Mr.
Redd said they did not get the actual count of the number of students in the
area. It was their opinion that this development would generate less traffic
than an office development, and there would be no traffic in the mornings before
9:100 or 10:00 a.m. when stores normally open.
Max Bacon asked why they did not request Neighborhood Shopping rather than General
Commercial. Mr. Redd said they would take whatever council would grant to allow
them to build this development. Mr. Redd asked Mr. Camp about the legality of
swapping the right of ways to re-route Campbell Road and Mr. Camp said he would
have to research that issue.
Mr. Redd said they have also entered into a land use agreement with the owners
of Countryside Condominiums adjacent to this property about certain uses; i.e.,
where dumpsters will be located, ligY'iting, etc.
Max Bacon said he had; some reservations about the relocation of the light which
would affect the residents of Farmstead, but thought the overall concept was
good.
Scott Youngblood representing Countryside homeowners spoke and said they objected
to the development and felt offices would give more privacy to the residents.
Also, children walk;.to and from 4rgyle School and there was some concern for
their safety. They, also felt the integrity of this residential neighborhood
was being destroyed. There was some discussion about buffers and Mr. Redd said
that most of theiV ,buildings would abut the tennis courts at Countryside, with
100 or 150 foot buffers.
Ili
Four others from
by Mr. Camp. One
the audience asked
resident said the
to speak in opposition, and were sworn in
major concern seemed ;to be for Spring Road;
i
t
January 23, 1985 - Continued
however, Campbell Road is also residential and some consideration should be
3iven for traffic in that area.
Susan Holland from Farmstead said the agreement with Johnstown Properties that
Mr. Redd referred to was done before the property was turned over to the Homeowners
Association at Countryside.
Hank Johnston,*a resident of Farmstead said they have a large problem with traffic
and certainly did not want the light relocated. Ed Diston from Farmstead also
spoke and said there were no zoning notices on the property since December 30
or 31. He was also concerned that a liquor store or restaurant may go in, where
drins would be sold. Max Bacon said he had been told that they would not pursue
obta sing a liquor license due to the close proximity of the school.
Shelly Heisler with Countryside asked what type buffer would be used. Mr. Camp
said apparently they had reached an agreement with Johnstown Properties to provide
an opaque buffer, which could be plantings or an attractive fence.
Mayor Bacon called for a 5 minute recess to allow everyone in the audience time
to review the plans submitted tonight.
When the meeting reconvened, Scott Youngblood spoke again and said they still
felt this development would be detrimental to the community and still felt that
Office/Institutional zoning would be more acceptable. There was some discussion
about deliveries and Mr. Redd said they would abide by whatever was in the agreement
with Johnstown. As far as improvements to Spring Road, they had agreed to add
an additional lane and had already reduced one curb cut.
Max Bacon said he had several problems with this development, one being the
roads, which would cause the City undue expense if we have to pick up where
the developer plans to put these 3 lanes and improve that section on Spring
and Campbell; it would cause unreasonable intrusion on existing neighborhoods;
deliveries being made to the shopping center; and safety for school children
which has really not been addressed well enough. Max Bacon made a motion the
zoning be denied for the above mentioned reasons. Jim Hawkins seconded the motion
which carried 6-0.
Rezoning: Seventh-Day Adventist Church requested rezoning of approximately
15 acres in Land Lot 530 from Residential to Office/Institutional. Chuck Holmes
represented the Association and there was no opposition. Mr. Holmes said they
were proposing to build a church on the property, just off King Springs Road
and south of Smyrna Towers. This is a natural area of steep slopes and a creek
and they did not want to take away from any of the natural terrain. The 0&I
zoning was being requested to allow them room to meet setback requirements for
the structure. Mr. Holmes said that eventually, the entire tract would be used
for church related facilities such as a school, book store and office space.
Jack Shinall reminded him that the other buildings on the property would be
taxable, and only the church exempt. With little discussion, Hugh Ragan made
a motion the zoning be approved. Jack Shinall seconded the motion which carried
6-b'.
Residential Business License: Michael McGee requested a residential license
for A&M Waterproofing, Inc., 599 Kennesaw Drive. There were two in opposition
and were sworn in with Mr. McGee. Mr. McGee said he was requesting the license
only to allow a girl to come to his home from 4:00 to 6:00 p.m. to do his paper
work until he can get everything settled on property he has purchased. He will
move everything off the property that pertains to his business. Mr. McGee said
he does not have alI, contract on the property as yet, but would build an office
for his business. Mr. Camp reminded him that the property he discussed at the
last meeting was ;zoned General Commercial, which does not allow for outside
storage.
Mr. and Mrs. Riley, residents of Kennesaw Drive spoke in opposition and said
they were concerned. .,about destroying this residential neighborhood.' They also
stated that Mr. McGee does not live in the house and has not for quite some
time. He comes there in the mornings and gets his men out on their work assignment.
When asked about ownership of the. property, Mr. McGee said he does not own the
property; he sold ;the, house to Chemco, Inc. about 31 ye,ars ago with an option
to buy it back. Mr. McGee also said;,the existing storage building was not permitted,
but it would be taken down.
!I
Kathy Brooks said she also had a 'letter from another resident on Kennesaw Drive
In opposition and, made a motion :the license be denied and that Mr. McGee be
given 6 weeks to remove the material from the property Max Bacon seconded the
'i
January 23, 1985 - Continued
motion which carried
5mmercial Building Permits: Commercial building permits were presented by
Inspector Scott Stokes and recorded as follows:
1) Georgia Conference Association of Seventh-Day Adventists requested a building
permit for new construction at 4061 King Springs Road at a total estimated cost
of $337,000. Hugh Ragan made a motion the permit be approved subject to approval
of 'the City Engineer and Fire Marshal. Jack Shinall seconded the motion which
carried 5-0.
2) Highlands Overlook; Ltd. requested a building permit for
new construction Baco
made
on Highlands Park Drive at a total estimated approval $of8the City Engineer and
a, motion the permit be approved subject to approval
Fire Marshal. Kathy Brooks seconded the motion which carried 5-0•
3) Taylor Tools requested a building permit for new construction at 2966 South
Cobb Drive at a total estimated cost Of $of OtheO City Engineer and Fire Marahaln
the permit be approved subject to approval
Jack Shinall seconded the motion which carried 6-0.
il aware that there was some question
Jack Shinall said he wanted to make counc
in regard to location of the sign for Taylor Tools but he was working with Mr.
Bentley on that. Also, their curb cut will be from the Askea Drive easement
because the State would not approve a curb cut for South Cobb Drive.
Mayor Bacon was out of the room when the first two building permits were approved
and that portion of the meeting was conducted by Mayor Protem Jim Hawkins.
Ordinance Amendment: Attorney Camp read an amendment to Section 21-2 of the
Code of Ordinances, which, when approved will adopt certain sections of the
Uniform Code of Georgia which regulates motor vehicle accident insurance requirements
ordinance will all
for vehicles operated. on the streets. This ow the Smyrna Recorders
Court to have jurisdiction over violations, which are now referred to a higher
court. The amendment has two provisions for penalty; one for operating a vehicle
without insurance and the other for operating a vehicle without proof of insurance.
CHAPTER 21 TRAFFIC
Section 21-2 is hereby amended by adding paragraph (b), adopting the "Georgia
Motor Vehicle Reparations Act", Uniform Code of Georgia Sections 33-34-1 through
33-34-13, by reference to regulate motor vehicle accident insurance requirements
for vehicles operated in the City of Smyrna and repealing all other ordinances
and sections of ordinances in conflict herewith; so as to read as follows:
(b)
The provisions of Uniform Code of Georgia Sections 33-34-1 through 33-34-13
known as the "Georgia Motor Vehicle Reparations Act" are hereby adopted as an
for the regulation of motor
raccident
effect asif ance recitedrequirements for vehicles
operated in the City of Smyrna with like
i
i who operate
(c) PENALTIES. Any person s a motor vehicle in the City of Smyrna
i
without insurance shall be guilty of and punished as a misdemeanor (Section
hicle in the City of
1-8 of this ordinance). Any person who shall operate a ve
Smyrna withgpt proof of insfrance, or who ined a um not to all fall t$�5o00 furnish such proof upon
reasonable request, shall
be
This ordinance shall become and be made a part of the Code of Ordinances of
be renumbered
the City of Smyrna,:• Georgia and the sections of this ordinance may
to accomplish this intent.
Jim Hawkins made a motion the ordinance be approved. James Williams seconded
the motion which carried 6-0.
of two the
Homestead Exemption. Max Bacon said there were
changeds he first havingtoconcerning
Homestead Exemption which he felt. should
with the length of residency required to qualify and the other where both property
owners must be 65.,to qualify. Mai Bacon made a motion this proposed amendment
'theCo ittee with their recommendation back the f
be turned over toFinance Cirst
p said this is local• legislation and it is
meeting in February. Attorney Car
important that we contact Senator Tolleson to be sure this part of the Charter
carried 6-0.
is renewed. Jim Hawkins seconded the, motion which
,January 23, 1985 - Continued
� i
Resolution: Max Bacon said that the City of Marietta and Cobb County had recently
approved a resolution recommending to bar owners that they discontinue the 2
for 1 alcohol sale6 and were urging others to do the same. Max said he had some
-reservations about this, unless all cities adopted the same resolution. Mr.
Camp read the resolution as follows:
WHEREAS, there exists cause for concern that alcohol over indulgence is encouraged
through the practice of serving multiple drinks for the price of one at certain
hours known as "Happy Hours", and
WHEREAS, the entire regional area is being urged to cooperate in this effort
to ban so-called "Happy Hour" drinking practices,
NOW, THEREFORE, BE 'IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA
that all establishments in the City of Smyrna privileged to be licensed to serve
alcoholic beverages are encouraged and recommended to end such practices.
BE IT FURTHER RESOLVED that the other juriscictions in the Metropolitan area
are urged to do the same.
Max Bacon made a motion the resolution be adopted. Jim Hawkins seconded the
motion which carried 6-0. Jim Hawkins stated that he did not want the citizens
to be misled by this resolution because it is not binding and we cannot actually
ban the 2 for 1 sales; however, he hoped the business owners would take it upon
themselves to abide by it.
Max Bacon said we have received four proposals to replace the sound system in
the council chambers and made a motion they be turned over to the Finance Committee
with their recommendation back at the next meeting. Kathy Brooks seconded the
motion which carried 6-0.
Bid Opening: Bids for the Emergency Outdoor Warning System equipment were opened,
read and recorded as follows:
Harolds Sales & Service
Taylor's Police Supply
Southeastern Safety Supply
Item,I IItem-III
$3,220.00� $420'.00
$3,401•_00 $448.40
$3,850.00 $472.00
Item III Item IV
$320.00 $490.00
$163.40 $501.60
$340.00 $528.00
Jim Hawkins made a motion the bids be turned over to the Public Safety Committee
with their recommendation back at the next meeting. Max Bacon seconded the motion
which carried 6-0.
There were no bids received on the installation of the EOWS equipment. Hugh
Ragan made a motion the installation be re -bid. Jim Hawkins seconded the motion
which carried 6-0.
Bid Opening: Bids for the water line on Atlanta Road were opened, read and
recorded as follows:
Trescon Corp. $39,470
Lovern Construction' $31,395
BP Enterprises $26,100
Complete Pipeline $30,480
James Williams made a motion the bids be turned over to the committee with their
recommendation back tp, full council at the next meeting. In response to a question
from Max Bacon, Vic Broyles said he still has not contacted the Brawners Hospital
about them sharing „in the cost of, the line. Jack Shinall said we also need to
know where the money ;will come from when the bid is awarded. Max Bacon seconded
the motion which carried 6-0.
Request for Bids: Kathy Brooks made a motion bids be requested to replace 5200
square feet of ceiling tile and clean runners at the Library, to be opened February
18th. Jack Shinall seconded the motion which carried 6-0.
�.� Request for Bids: Jim Hawkins made a motion bids be requested to replace the
lights at Jonquil Park field #1 to be opened at the February 4th meeting. Max
Bacon seconded the motion which carried 6-0.
Request for Bids: Jim Hawkins made a motion bids be requested for a dump bed
for' a Parks Department truck, to be opened at the February 4th meeting, which
A RESOLUTION
WHEREAS, there exists cause for concern that alcohol over indulgence is
encouraged through the practice of serving multiple drinks four
the price of one at certain hours known as "Happy Hours", and
WHEREAS, the entire regional area is being urged to cooperate in this
:
effort to ban so-called "Happy Hour" drinking practices.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA
that all establishments in the City of Smyrna privileged to be licensed to
serve alcoholic beverages are encouraged and recommended to end such practices.
BE IT FURTHER RESOLVED that the other jurisdictions in the Metropolitan area
are urged to do the same.
t` DAT
ATTEST : 7�'
APPROVED: �j� 6_ G�vi
January 23, 1985 - Continued
Is budgeted. Jack Shinall seconded the motion which carried 6-0.
Request for Bids: Hugh Ragan made a motion bids be requested for a mid -size
pickup truck- to be opened at the February 4th meeting. This truck will be for
the new Engineer who will be starting on February 4th. Max Bacon seconded the
motion which carried 6-0.
- Request for Bids: Hugh Ragan made a motion bids be requested for four (4) new
'police cars to be opened February 4th. Jim Hawkins seconded the motion which
carried 6-0. Chief Little said when these cars were received, he would surplus
two or more vehicles.
;Hugh Ragan made a motion that two construction trailers be approved for Boise -
Cascade at Highlands Park for a period of 7 months. Jack Shinall seconded the
motion which carried 5-0 (Kathy Brooks was out of the room when the vote was
called).
N
Committee Reports: (Streets) Vic Broyles said the bridge on Powder Springs
Street is 60% complete and should be open for traffic tomorrow. Max Bacon reported
that 400 water meters were cut off in two days due to freezing and breakage.
Max Bacon said the City should soon be receiving money collected on insurance
premiums.
Max Bacon said that as of today, he still has not heard from Seaboard Railroad
concerning the passing track at Ann Road and reminded everyone that the Ridge
Road rezoning will be heard February 4th.
(Finance) Jack Shinall stated that budget procedures would start soon, hopefully
about February 15th. Jack asked all department heads to let him know if they
were not getting their financial statements because they need to review items
over and under budget to make allowances for the new budget.
(Library) Doris Morris reported on library activities.
(Public Safety) Hugh Ragan said we are continuing to work with Welker & Associates
on recommendations for a better fire rating and we hope to be able to go to
ISO soon asking them to review our rating.
Mayor Bacon called for a meeting Tuesday at 7:00 p.m. to discuss the Fire Chief's
position.
Jack Shinall said the Finance Committee would be meeting on Monday night at
5: 30. �I
With no further business, meeting adfjourned at 9:47 p.m.
ARTHUR T. BACON,
MAYOR J
MAX BACON, WARD 2
Y
JAMES M. HAWKINS, WARD 4
KATHY BR KS, WARD
r,
ILLOUISE C. SPIVEY;,CITY/CLERK
E. TOLLESON, WARD
JA14E'6 WILL`IAMS' WARD 3
4.0
1
e"�
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION 3131 REGISTERED
HELD THIS TUESDAY, FEBRUARY 19, 1985
292 VOTING
We, the duly appointed election Managers to conduct this election, declare the
following results:
COUNCILMAN WARD #1
BOB L. DAVIS 150
PINKY GILBERT 138
We therefore certify to the Mayor and Council of the City of Smyrna, the election
of:
COUNCILMAN WARD #1: BOB L. DAVIS
He/She received a majority of the votes cast.
POLL MANAGER, S I
NA WARD #1
_'� `y�Yn
SUPERINTENDENT OF �JELECTION � //
/ d (ATTEST)
WILLOUISE SPIVEY, CITY CL K
February 19, 1985 (DATE)
0
MAYOR
ARTHUR T. BACON
CITY COUNCIL
WARD 1
JIM TOLLESON
WARD 2
MAX BACON
WARD 3
JAMES WILLIAMS
WARD 4
JIM HAWKINS
WARD 5
JACK SHINALL
r WARD 6
1" THY BROOKS
WARD 7
HUGH RAGAN
CITY CLERK
WILLOUISE C. SPIVEY
CITY ATTORNEY
CHARLES E. CAMP
RECORDER'S COURT JUDGE
C.V. REEVES
POST OFFICE BOX 1226 THE JONQUIL CITY
SMYRNA. GEORGIA 30081 TELEPHONE 434-4600
January 31, 1985
Gentlemen:
Enclosed is a copy of the "RESOLUTION" recently adopted
by Mayor and Council concerning the practice of serving
multiple drinks during "HAPPY HOURS".
The success of this resolution will be predicated on the
collective cooperation by those of you who are in a
position to regulate the number of drinks served during
happy hours. I personnally believe that all citizens of
Smyrna will benefit from your voluntary efforts to curb
the daily TWO for ONE practice.
Sincerely,
Arthur T. Bacon
Mayor