09-05-1984 Regular MeetingSeptember 5, 1984
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on September 5, 1984. The meeting was called to order at 7:30 o'clock p.m. by pre-
Y siding officer Mayor Arthur T. Bacon. All council members were present. Also present
was City Clerk Willouise Spivey, City Attorney Charles E. Camp, Police Chief R.
E. Little, Assistant Public Works Director Vic Broyles, Parks and Recreation Direc-
tor Sherry Reavis, Civil Defense Director Jim Farley, Librarian Doris Morris and
representatives of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the flag.
Citizens Reports: Jim Holt complained of the manner in which a case was handled
in Smyrna Recorder's Court recently concerning an accident involving his daughter.
After lengthy discussion, Jim Hawkins said the Public Safety Committee would inves-
tigate the matter.
Variance: Douglas P. Monk of 895 Pinehill Drive requested a variance to construct
a garage within 6 feet on the rear and 5\feet on the side property lines. There
was no oppositon and Mr. Monk also had a letter from the adjoining property owners
stating they had no objection. Jack Shinall made a motion the variance be approved.
James Williams seconded the motion which carried 7-0.
Variance: The variance request by Charles B. Miller for construction at the corner
of Atlanta Road and Spring Road was not heard because Mr. Miller was not able to
be present.
Variance: Jim Hawkins read a letter from Attorney Fred Bostick requesting that
the variance request for Franks Chiropractic Center at 1105 Concord Road be with-
drawn.
Variance: Dyer, Wells & Associates requested a variance on required number of
parking spaces for construction at 2251 Lake Park Drive. Sandra L. Meador represen-
ted Dyer, Wells and said they would like to create 13 additional spaces, from 175
to 188 total. Their studies have found that 50 to 60% of the tenants will be driving
compact cars and they wanted to reduce the size on some of the spaces from the
9 x 20 to 7 x 20 for the compact cars. This would allow 121 standard size spaces
and the rest for compact cars. There was no opposition and James Williams made
a motion the variance be approved. Kathy Brooks seconded the motion which carried
7-0.
Variance: Johnny Gresham requested a variance to reduce number of required parking
spaces and also a reduction on the front building setback line from 50 feet to
40 feet for construction of a new 4 story office building on Lake Park Drive. There
were several residents from Brenda Drive in opposition and Mayor Bacon said that
most of the variances they had originally asked for had been withdrawn. Mr. Gresham
assured those present that the variance on the front building setback line would
move the building farther away from their homes, and be an improvement. Mr. Gresham
said they were asking approval to reduce the parking spaces from 332 to 295 which
would allow them to maintain more of the trees and further enhance the landscaping.
The reduction in the front building setback line is only on one small corner of
the lot. Following discussion, Jim Tolleson made a motion the variances be approved.
Jack Shinall seconded the motion which carried 7-0.
Don E. Kitchens requested approval to use a storage trailer for electrical equip-
ment on Lot K, Highlands Park Drive. Hugh Ragan made a motion approval be granted
for 18 weeks. Jack Shinall seconded the motion which carried 7-0.
Committee Appointments: Hugh Ragan made a motion that Ann Francini of 4294 Fawn
Lane be appointed to the Clean City Commission. Max Bacon seconded the motion which
carried 7-0.
Hugh Ragan made a motion that Jerry Hughes be reappointed to the Parks and Recrea-
tion Committee. Max Bacon seconded the motion which carried 7-0.
James Williams made a motion his appointment to the Parks and Recreation Committee
be tabled to the next meeting. Jack Shinall seconded the motion which carried 7-0.
Commercial Building Permits: In the absence of Building Inspector Larry Dunn,
commercial building permits were presented by Hugh Ragan and recorded as follows:
(1) Campbell's Restaurant at 2300 South Cobb Drive requested a permit to repair
fire damage at a total estimated cost of $100,000. Hugh Ragan made a motion the
September 5, 1984 - Continued
permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy
Brooks seconded the motion which carried 7-0.
(2) Akin & Flanders requested a building permit for construction at 1810-1 Spring
Road for laundry and dry cleaning tenant space 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. Jack Shinall seconded the motion which carried 7-0.
(3) Moran & Company requested a permit for new construction at 4200 Highland Park-
way at a total estimated cost of $679,000. Hugh Ragan said the plans have already
been approved, and made a motion the building permit be approved. Max Bacon seconded
the motion which carried 7-0.
Set Millage Rate: James Williams made a motion the millage rate for 1984/85 be
set at 11.5, no increase. Jack Shinall seconded the motion which carried 7-0.
Bid Opening: Bids for four (4) pickup trucks were opened, read and recorded as
follows:
Fouts Brothers
Wade Ford
Days Chevrolet
$6,950 small size
30 day delivery
$7,640 small size $8,835.74 V-8 engine f
� � t
$7,850 small size $8,899 305 engine
60 day delivery 60 day delivery
$500 less each with V-6
All bids received were on 1985 model trucks. Jack Shinall made a motion the three
(3) full size trucks be awarded to Wade Ford, the low bidder, and the one (1) small
truck awarded to Fouts Brothers, also the low bidder. Jim Tolleson seconded the
motion which carried 7-0.
Request for Bids: Jim Hawkins made a motion bids be requested for a microfilm
system to be used by the Police Department first, then the other departments. James
Williams seconded the motion which carried 7-0.
Ordinance Amendments:
follows:
Hugh Ragan read proposed amendments to the ordinance as
Section 19-8 - Penalties and incentives.(Soi1 Erosion)
Any person or persons violating any provision of this ordinance shall upon convic-
tion be punished by a fine of not less than $200.QQ and not more than $500.00 for
each offense. Each day such violation continues shall constitute a separate offense.
Section 1307 - Penalties for violation.(Zoning)
Any person, firm or corporation violating any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be fined a minimum of $200.00
and not more than $500.00 for each offense. Each day such violation continues shall
constitute a separate offense.
Hugh Ragan made a motion the amendments be advertised and heard October 1, 1984.
Jack Shinall seconded the moiton which carried 7-0.
Approval of Minutes: Jim Hawkins made a motion the minutes of August 6, 1984 and
August 20, 1984 be approved as submittd. James Williams seconded the motion which
carried 7-0.
Max Bacon said the Seaboard Railroad has built a side track on their right of way
behind homes on Ann Road. Trains are being parked on the side track for long periods
of time and railroad employees are parking their vehicles on Ann Road to work on
the trains. It has become a nuisance to the neighbors and Max said he had a petition
from them with 20 signatures requesting that no parking signs be erected on the
street. Max made a motion the no parking signs be placed on Ann Road, from Nancy
Circle to the end of the cul-de-sac. Jim Hawkins seconded the motion which carried
7-0.
Committee Reports: (Library) Doris Morris reported on library activities.
(Parks) Sherry Reavis said that King Springs Pool is open and reminded everyone
of the Craft Fair on September 29th.
September 5, 1984 - Continued
Jack Shinall said that Gene McIntyre had resigned from the Parks Department to
accept a position in DeKalb County. Jack also said the option agreement on the
\ golf course should be. ready by Friday and then the concession agreement will be
drawn and submitted to the Department of Interior for approval.
(Public Safety) Jim Farley said the rescue truck has finally been delivered and
they hope to have it in service by the next meeting.
Jim Hawkins asked for a short meeting with the Public Safety committee following
adjournment tonight.
(Finance) James Williams said tax bills will be going out tomorrow.
Max Bacon made a motion the rules be suspended to consider an amendment to the
Clean City Commission ordinance. Jim Tolleson seconded the motion which carried
7-0.
Upon the recommendation of Keep America Beautiful commission, Max Bacon read the
following amendment to our ordinance and made a motion it be approved.
Section 3Q2-B L
The Commission shall elect from its membership, a Vice Chairman and such other
officers as may be desired. Officers shall be elected on a calendar year basis
but may be re-elected for succeeding terms.
Kathy Brooks seconded the motion which carried 7-0.
o With no further business, meeting adjourned at 8:39 P.M.
September 17, 1984
The regular scheduled meeting of Mayor and Council was held September 17, 1984
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by pre-
siding officer Mayor Arthur T. Bacon. All council members were present. Also present
was City Attorney Charles E. Camp, .City Glerk Willouise Spivey, Police Chief R.
E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic
Broyles, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley,
Librarian Doris Morris, Building .Inspector Scott Stokes and representatives of
the press.
Y Invocation was given by Max Bacon, followed by the pledge to the flag.
Citizens Reports: Brian Leiberman, a resident of Cumberland Bridge Apartments
expressed his concern about the reckless driving by Domino's Pizza delivery cars
and said on September 2nd he was hit by one of the cars while walking home. Chief
Little said that two weeks prior to this incident he had met with the managers
of both Domino's and also the District Manager. They all had assured him of. their
full cooperation in disciplining or dismissing any employees guilty of driving
recklessly, and indicated they would do whatever was necessary to•correct the situa-
tion. Chief Little also said it would help if the citizens would get tag numbers
from the vehicles if they have a complaint so they can place specific respons-
ibility. Max Bacon asked Chief Little if he would meet with the managers again
concerning this problem.
Mayor Bacon recognized Ralph Bryant, democratic candidate for the Board of Comm-
issioners.
Rezoning: Williams B. Sanders requested rezoning of 1051 Concord Road from Future
Commercial to General Commercial. There was no opposition from the audience. Mr.
Sanders said this was a vacant house with a garage in the rear and he had a general
lawn care business wanting to locate there. The businesses on either'side are zoned
General Commercial, on similar size lots. Jim Hawkins asked Mr. Sanders if he would
be willing to install a 6 foot wooden fence along the rear of the property, and
the answer was yes. Max Bacon asked if they would be mixing chemicals on the prem-
ises. Mr. Sanders said that had been discussed, and they could mix their chemicals
elsewhere and they would make provisions for that. After further discussion, Jim