04-02-1984 Regular MeetingApril 2, 1984
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on April 2, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock
p.m. by presiding officer Mayor Protem Jim Tolleson. 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, Assistant Public Works
Director Vic Broyles, Parks & Recreation Director Sherry Reavis, Building Inspector
Larry Dunn, Librarian Doris Morris, Civil Defense Director Jim Farley, and
representatives of the press.
Invocation was given by Jack Shinall, followed by the pledge to the flag.
Jim Tolleson reported that Mayor Bacon was now keeping short hours at City Hall
and would preside at the next meeting.
Proclamation: Hugh Ragan read a proclamation for "White Cane Day" and Jim Tolleson
presented it to Lions Club member Harold Hobbs.
Employee of the Quarter: Harold Hobbs presented the Employee of the Quarter plaque
and check to Dell Fleming of the Smyrna Parks and Recreation Department.
Citizens Reports: Norman Brenner complained of cars parked on residential streets
and said he has had one vehicles parked in front of his home for 3 weeks. The City
Marshal informed him the car could not be removed until it had been parked there
for one month and Mr. Brenner felt the law should be changed.
Variance: Robert Mobley represented Trammell Crowe in their request for a variance
.�` on the rear yard setback from 50 feet to 20 feet for construction of a new office
building on Lake Park Drive. Mr. Mobley said they were constructing two buildings;
one a 2 story office building and the other an office service center, similar to
a complex they had built in DeKalb County. Approximately 850 square feet of the
office service center building encroaches into the setback adjoining residential
property.
B. Wilmont Williams, owner of the adjacent property, stated he was opposed because
there would be no undisturbed buffer along this area and he felt it would be detri-
mental to his apartment development. Mr. Williams said the plans he saw indicated
loading docks in the area, which would be facing his development.
Mr. Mobley said if the variance was not approved it would create a hardship on them,
since the 850 square feet in question would have an economic value of approximately
$75,000. Max Bacon asked if they could not reach an agreement on the buffer. Mr.
Williams said this could have been addressed by their Architectural Review Board
and worked out, but the plans as submitted would have an adverse affect on his prop-
erty. Mr. Mobley said he presented plans to John Williams and Barry Teague 8 weeks
ago and it was his understanding they had been submitted, and approved by the
Architectural Review Board. Mr. Williams said there was some misunderstanding because
the variance was not brought to his attention prior to seeing the sign posted.
After further discussion, James Williams made a motion the variance be denied. Hugh
Ragan seconded the motion which carried 6-0.
Variance: Joe Lankster represented B. Wilmont Williams in his request for a variance
from Section 503 of the zoning ordinance. Mr. Lankster said they were requesting
approval to use a 6 foot screen fence in lieu of a 10 foot planted buffer on the
northern boundary of their proposed office park building on Lake Park Drive. Mr.
Williams is also the owner of the adjacent property where he has maintained an
undisturbed buffer of approximately 15 feet along the boundary of subject tract.
Mr. Lankster said the variance was necesasry due to the slope of the property. James
Williams said he would rather they use an 8 foot fence rather than the 6 foot
requested, and made a motion the variance be approved to use an 8 foot fence in
lieu of the planted buffer. Jack Shinall seconded the motion which carried 6-0.
Variance: Joe Boling represented Dr. Richard Franks in his request for an addition
to his office at 1105 Concord Road. Mr. Boling said the addition would be to the
front of the building, leaving a 40 foot setback instead of the 50 feet required.
Doris' Morris was opposed and asked why the addition could not be to the rear of
the building. Mr. Boling said the parking area is in the rear and he would lose
i
too many parking spaces. Jim Hawkins said we have had problems with zoning
regulations on Concord Road and felt this would be setting a precedent. Jim Hawkins
made a motion the variance be denied since it would not impose a hardship on the
applicant. Hugh Ragan seconded the motion which carried 5-1, with Jack Shinall
opposed.
Jim Tolleson recognized former council members Sarah Jones and Earle Cochran in
the audience.
April 2, 1984 - Continued
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and upon his recommendation, the following approved:
I
(1) Tenneco at 2610 Cobb Parkway requested a permit to enclose a portion of their
building at a total estimated cost of $14,000. Jim Hawkins made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon
seconded the motion which carried 6-0.
Bid Opening: Bids for a rotary mower were opened, read and recorded as follows:
Cobb County Tractor $1,197.00• 10-14 day delivery
Coxwell Tractor $1,088.93 15 day delivery
Lawn & Turf $1,533.00 15 day delivery
Jack Shinall made a motion the bids be turned over to the Parks Committee with their
recommendation back to full council at the next meeting. Max Bacon seconded the
motion which carried 6-0.
Bid Award: Jim Hawkins made a motion that Harry Harless Company be awarded the
bid for equipment for the fire truck, being the total low bidder. James Williams
seconded the motion which carried 6-0.
Cable TV Franchise: Max Bacon said the original franchise agreement with Smyrna
Cable TV signed in 1966 would expire in 1986. Max Bacon made a motion the new
franchise agreement be approved. James Williams seconded the motion which carried
6-0. (Copy to be made a part of these minutes)
Jim Tolleson said he had recently received letters from property owners and residents
on Village Parkway concerning speeding and there have been several wrecks on that
road recently. Max Bacon made a motion Village Parkway be added to the list of
streets to be approved by the State for the use of radar. James Williams seconded
the motion which carried 6-0.
Max Bacon stated that April 1st had been set as the target date to begin trash and
garbage collection in the newly annexed Rose Garden Hills Subdivision. Trash pickup
is no problem, but there is not enough time to install the underground garbage cans
at all the homes within the short time period. Raymond Fowler, a representative
of BFI explained the use of the Herbie Curbie containers as a temporary service
until the underground cans can be installed. This is a pilot program that is offered
by the manufacturer to the City for a 60 day trial period, at no cost. If we decide
to purchase the equipment, the cost of the containers is about $50 each. Each can
has a serial number on it and there would be a certain amount of responsibility
to the City if the cans should be lost or damaged. Mr. Fowler said after the 60
day trial period, he would clean the cans and return them to the manufacturer if
we decide not to use them on a permanent basis.
Jack Shinall asked if we had the personnel to pick up the new containers, without
hurting the service of other residents in the City. Vic Broyles said a partial route
has already been lined up and they can start installing these containers immediately.
Max Bacon made a motion the Herbie Curbies be installed as an emergency measure
for 60 days, with the homeowners responsible for the containers and a committee
recommendation back to full council as to whether or not to retain these containers
or install underground cans. James Williams seconded the motion. Jack Shinall said
he would vote in opposition because he felt we could get the underground containers
installed in one month. Max Bacon said the report he received from Eddie Bessettee
was that it would take 3 months to get all the underground equipment installed.
Vote on the motion carried 5-1, with Jack Shinall opposed.
Discussion of Charter Amendment: In reference to the proposed Charter amendment,
Lt. Bill Hayes of the Smyrna Police Department presented a petition and statement
signed by 100% of the members of the police department under the Civil Service system
expresing their opposition to the removal of the Chiefs from Civil Service. Sam
Wehunt of the Smyrna Fire Department also presented a petition signed by 40 officers
and firefighters encouraging Council not to remove the Chiefs from Civil Service.
Jim Hawkins made a motion the proposed changes in Civil Service law, Section 77
of the Charter be advertised for 3 weeks and a public hearing set for April 16th.
Max Bacon seconded the motion. —�
With reference to the petitions, Jim Hawkins stated Council was not passing or chang-
ing anything tonight. This is just to advertise that a public hearing will be held
04
April 2, 1984 - Continued
to consider the amendment. Also, he received the first draft at 6:30 tonight and
council had not had time to discuss the amendment as a group, but they have talked
in general about some things they felt that should be changed.
Mr. Camp said the proposed amendment offered three alternatives. The first is to
remove the Chiefs from Civil Service; second to include Chiefs and any other
department heads under Civil Service after a 12 month probationary period, but not
as to the hiring of the same; or third, to do nothing and leave the Charter section
as is.
Jim Hawkins expressed his concerns that members of the police and fire departments
apparently had copies of the amendment before he had seen it. Jack Shinall said
he also wished the ordinance had been received prior to anything going to the news-
paper and would like to wait until the next meeting before advertising for a public
hearing, to give them time to study the amendment. Jack Shinall made a motion this
be tabled to the next meeting. Motion died for lack of a second. Vote on the original
motion carried 5-1, with Jack Shinall opposed.
Clean City Committee: James Williams deferred his appointment to the next meeting.
Jack Shinall made a motion that Charlotte Dorsey be appointed to the Clean City
Committee representing Ward 5. James Williams seconded the motion which carried
6-0.
Announcement of Grant: Jack Shinall stated that part of the largest expense in'
maintaining King Springs Pool is heating. We applied for a Grant with the Office
of Energy Resources to use passive solar energy and it has been approved. Jack said
he hoped this would save some of the heating expense in the future. This Grant was
one of 15 approved in the entire State.
Approval of Minutes: Jim Hawkins made a motion the minutes of March 12 and 19 be
approved as submitted. Jack Shinall seconded the motion which carried 6-0.
Jack Shinall made a motion a parade permit be approved for the opening day of Smyrna
Little League, April 2.8th. Jim Hawkins seconded the motion which carried 6-0.
Max Bacon said the Clean City Committee had its first meeting last Wednesday night.
There will be a seminar in the, -North :"Genrgia area on May 30 and 31 which will give
information we need to get the program off the ground. They recommend that 3 repre-
sentatives attend the meeting, which is $75 per person and Max said he would like
to send 7 people, consisting of representatives of the civic clubs, the appointed
members of the committee and some of our city staff. Max Bacon made a motion that
$525 be approved. for the seminar. James Williams seconded the motion which carried
6-0.
Committee Reports: Max Bacon said there will be a Clean City Committee meeting
this Wednesday at 7:00 p.m.
(Police) Chief Little said he wanted to assure Council.that the Police Department
did not call the newspapers about the proposed Civil Service charter amendments,
and he has tried to not get involved.
(Parks) Sherry Reavis reported on upcoming events in the Parks and Recreation
Department.
(Library) Doris Morris reported on library activities.
Kathy Brooks said she was enthused about the Clean City Committee and felt it was
a well organized program that can help our community.
Hugh Ragan said at the last meeting, he made an appeal to the citizens traveling
on Concord Road to obey the speed limits. This past weekend there was another
accident and was told by a resident there that there have been 58 accidents in the
last 15 years on Concord near .Havilon Way. This is a very serious problem and Hugh
said he had talked to Jim Hawkins today about the possibility of setting up a
( committee to study the situation and make some recommendations.
(Streets) Vic Broyles said the State paving crews came in today by surprise but
their work is being hampered by cars parked on the street.
Jim Tolleson asked Vic Broyles to have someone remove the signs in front of Jonquil
Plaza shopping Center.
April 2, 1984 - Continued
Jim Tolleson reminded everyone of the Department Head meeting tomorrow morning at
10:00 a.m.
Announcements: Next council meeting April 16, 1984•
With no further business, meeting adjourned at 9:01 p.m.
April 16, 1984
The regular scheduled meeting of Mayor and Council was held April 16, 1984 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 Attor-
ney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting
Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks &
Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building
Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris,
and representatives of the press.
Mayor Bacon expressed his appreciation to everyone for their cards, prayers and,
thoughts during his recent hospitalization.
Invocation was given by Kathy Brooks, followed by the pledge to the flag.
Citizens Reports: Eddie Vonic stated the Optimist Club was selling Vidalia onions
again this year and asked for everyone's support in this worthwhile fund raising
project.
Jim Tolleson said he had talked with Marguerite Little today concerning her annex-
ation, zoning and variance requests and made a motion these items be tabled to the
next meeting. Max Bacon seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn, and upon his recommendation the following approved:
(1) Crow, Childress & Mobley requested a permit for construction of a one story
office/service center building at 1900 Lake Park Drive at a total estimated cost
of $915,000. Max Bacon made a°motion the permit be approved subject to approval
of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried
7-0.
(2) Crow, Childress & Mobley requested a permit for construction of a two story
office building at 1950 Lake Park Drive, at a total estimated cost of $1,720,000.
Jim Tolleson 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) Post Properties requested a permit for. construction of The Gardens of Post
Village at 2087 Lake Park Drive at a total estimated cost of $11,000,000. Jim Tol-
leson made a motion the permit be approved subject to approval of the City Engineer
and Fire Marshal. Jack Shinall seconded the motion which carried 7-0.
(4) Scroll Fabric, 'Inc. requested a building permit for construction in Highlands
Park at a total estimated cost of $715,000. James Williams made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall
seconded the motion which carried 7-0.
(5) Cardinal Industries requested a permit for construction of a Knights Inn at
5230 South Cobb Drive at a total estimated cost of $920,000. Hugh Ragan made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
James Williams seconded the motion which carried 7-0.
(6) Charles J. Jones requested a permit for a sales office for Mill Pond Village
at 3800 South Cobb Drive at a total estimated cost of $60,000. Hugh Ragan made a
motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Kathy Brooks seconded the motion which carried 7-0.