05-06-1985 Regular MeetingMay 6, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on May 6, 1985. 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 Clerk Willouise Spivey, John Halpin representing City
Attorney Charles E. Camp, Police Chief R. E. Little, Fire Chief Larry Williams,
Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis,
Building Inspector Scott Stokes, Emergency Management Director Jim Farley, Civil
Engineer Mike Hutchinson, Librarian Doris Morris and representatives of the
press.
Invocation was given by James Williams, followed by the pledge to the flag.
Citizens Reports: Sue Brissey stated that salaries in the City Police Department
were too low, and we are losing a lot of good men to other cities because of
the pay. Ted Farland also spoke on behalf of the Police and Fire Departments
regarding salaries and said Smyrna is one of the lowest paying cities in the
metro area.
Zoning: Raymond Fowler requested rezoning of property on Concord Road in Land
Lot 558, from Future Comercial to Limited Commercial. There was no opposition
from the audience and Mr. Fowler said if approved, the location would be used
for an insurance office. Max Bacon said when the Planning and Zoning Board recom-
mended the zoning be approved there was some discussion about the house he planned
to move onto the lot. Max said he would like to have our Engineer inspect the
house before any further plans were made to relocate it. With little discussion,
Max Bacon made a motion the rezoning be approved. Jim Hawkins seconded the motion
which carried 7-0.
Business License: Ennis M. Mallett requested a business license for Golden
Needle Tattoo, 560 Cherokee Road. There was no opposition from the audience.
Mayor Bacon asked Mr. Mallett if he was associated with the previous owners
in any way. Mr. Mallett said he was not; the previous.owner had moved out before
he rented the building but he understood that he did not leave a very good record.
Mr. Mallett said he realized he would have to overcome the reputation left.
In response to a question from Kathy Brooks, Mr. Mallett said he received his
original training from Paul Rogers in Jacksonville, Florida and received some
training from Mr. L. W. Pogue who used to own the shop. He also worked with
Mr. Pogue as an apprentice for 8 to 10 months but was not aware of the previous
problems at the location until this past weekend when he talked with other tenants.
Mr. Camp reminded Mr. Mallett that he could not tattoo anyone under 18 years
of age, with parental consent or otherwise. Jack Shinall said at that particular
location we received numerous complaints and have numerous documented problems,
and personally could not support the issuance of the license. After further
discussion, Kathy Brooks made a motion the license be denied. Jack Shinall seconded
the motion which carried 7-0.
Residential Business License: Timothy Duffin requested a residential business
license for T.D. Transfer, 2550 Hargrove Road. Mr. Duffin said he needed the
license strictly to do paperwork at his home and his accountant had recommended
that he obtain one. He is the salesman/owner/operator of the business and would
only have one vehicle parked at his home. Following discussion, Bob Davis said
he had some reservations about the number of residential business licenses being
issued, particularly in apartments and made a motion the license be denied.
Jack Shinall seconded the motion which carried 7-0.
Variance: Alan R. Perry represented BellSouth Mobility in their request for
a variance to increase height of their tower on Corn Road from 80' to 180' and
also to reduce the setback requirements. There was no opposition from the audience
and Mr. Perry had letters from adjoining property owners stating they had no
objection. Following discussion, Bob Davis made a motion the variance be approved
subject to proof of FAA approval. Hugh Ragan seconded the motion which carried
7-0.
Commercial Building Permits: Commercial building permits were presented by
Inspector Scott STokes and recorded as follows:
1) Tramco Construction requested a building permit for tenant space at 1950
Lake Park Drive at a total estimated cost of $35,000. Bob Davis 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.
May 6, 1985 - Continued
2) Tramco Construction Co. requested a building permit for tenant space at
1950 Lake Park Drive at a total estimated cost of $58,000. James Williams made
a motion the permit be approved subject to approval of the City Engineer and
Fire Marshal. Bob Davis seconded the motion which carried 7-0.
3) Smyrna Hospital, 3949 South Cobb Drive requested a building permit for construc-
tion of a new building to be used for a cat scanner at a total estimated cost
of $30,000. Max Bacon made a motion the permit be approved subject to approval
of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which
carried 7-0.
4) South Cobb Plaza shopping center requested a building permit for construction
of Jubilee Junction at a total estimated cost of $25,000. Hugh Ragan made a
motion the permit be approved subject to approval of the City Engineer and Fire
Marshal. Jim Hawkins seconded the motion which carried 7-0.
5) George Walker requested a building permit for new construction at 1284 Sunset
Avenue at a total estimated cost of $89,000. James Williams made a motion the
permit be approved subject to approval of the City Engineer and Fire Marshal.
Jim Hawkins seconded the motion which carried 7-0.
6) Vernon Overton requested a building permit for construction of a new office
building at 1314 Church Street at a total estimated cost of $105,000. Jim Hawkins
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.
7) Southland Corporation requested a building permit to remodel the 7-11 store
at 1828 Spring Road at a total estimated cost of $12,000. Bob Davis 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.
Open Bids: Bids for the installation of drainage pipe on Spring @ Walker Court
were opened, read and recorded as follows:
Complete Pipeline $ 5,270.00
J. E. Lovern Construction $12,545.00
Don Carroll $ 5,722.00
Max Bacon made a motion the bids be turned over to the committee with their
recommendation back to full council at the next meeting. James Williams seconded
the motion which carried 7-0.
Bid Award: Jim Hawkins made a motion the bid for bleachers for Cobb Park be
awarded to Hunter-Knepshield, the low bidder at $2,440 and the bridge be awarded
to Dominica Recreation Products, also the low bidder at $2,937. Max Bacon seconded
the motion which carried 7-0.
Jim Hawkins made a motion the workmans compensation insurance be awarded to
Earl Styes for one year, being the only bid received at $107,221.
Annexation: Kathy Brooks made a motion that 3.63 acres in Atlanta Road @ Daniel
Drive be annexed to become a part of Ward 6, the legal description having been
read and made a part of the April 15, 1985 meeting. Hugh Ragan seconded the
motion which carried 7-0.
Hugh Ragan made a motion the C. J. Fouts property in Land Lots 333, 388, 405
and 387 be annexed to become a part of Ward 7, the legal description having
been read and made a part of the April 15, 1985 meeting. Max Bacon seconded
the motion which carried 7-0.
James Williams made a motion approval be given to purchase 500 garbage can liners
at a total cost of $5,765. Max Bacon seconded the motion which carried 7-0.
Approval of Minutes: Jack Shinall made a motion the minutes of April 1, 1985
be approved as submitted. James Williams seconded the motion which carried 7-0.
James Williams made a motion the minutes of April 15, 1985 be approved as submitted.
Jim Hawkins seconded the motion which carried 7-0.
May 6, 1985 - Continued
Hugh Ragan made a motion the rules be suspended to allow an application for
annexation to be read. Max Bacon seconded the motion which carried 7-0.
Validation of Signatures: Attorney Camp read an application for annexation
-of property in Land Lot 329 by Edward E. McCall as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and 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 Lot 329, 17th District,
2nd Section, Cobb County, Georgia, as per survey for Ralph E. Marler, prepared
by A. 0. Carlile, registered land surveyor, dated November 20, 1972, and being
more particularly described as follows:
BEGINNING at the southwest corner of Land Lot 329 at the intersection of Land
Lots 329, 392, 393 and 328; thence running northerly along the common land lot
line of Land Lot 329 and 392 a distance of 278.0 feet to a point which shall
be the point of beginning; thence running north 88 degrees 18 minutes 11 seconds
west a distance of 986.62 feet to a point on the easterly right of way of Civitania
Road; thence running north 27 degrees 32 minutes east along the right of way
of Civitania Road a distance of 578.27 feet to a point; thence running south
78 degrees 14 minutes east a distance of 788.59 feet to a point on the common
land lot line of Land Lots 329 and 392; thence running southerly along this
land lot line a distance of 383.13 feet to the point of beginning. Said tract
contains 9.467 acres and includes one dwelling.
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 60% of the electors resident in the area described
below: s/EDWARD E. MC CALL
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/RON JOHNSON
Hugh Ragan made a motion the signatures be validated and the public hearing
set for June 3, 1985. Kathy Brooks seconded the motion which carried 7-0.
Committee Reports: (Inspections) Kathy Brooks said that Gene Golden has mailed
letters to all businesses in violation of our ordinance by using banners.
(Finance) Jack Shinall said the committee interviewed applicants for the City
Administrator's position on Saturday.
(Parks) Jim Hawkins said that the City has been notified of a $4,000 grant
from the Governor's Emergency Fund for pool repairs at Jonquil Park.
Max Bacon asked Mr. Camp about the status
the problem with the Seaboard Railroad. Mr
ready by next week.
Doris Morris reported on Library activities.
of his contact with NIMLO concerning
Camp said he should have a report
With no further business, meeting adjourned at 8:50 p.m.
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