March 12/19/28, 1979 Council Meeting
RETURNS OF SMYRNA SPECIAL RUNOFF CITY ELECTION
2,052
818
3
REGISTERED
VOTING
TOTAL NO. VOID BALLOTS
HELD THIS SATU
tion Managers to conduct this election.
ts:
duly ap
the following
de
COUNCILMAN WARD 41 7
JOHN STEELY
LINDA WELLS
452
6
therefore certify to the Mayor and Council of the City of Smyrna.
the election of:
WARD 417
JOHN STEELY
This
idate has received a majority of the votes cast.
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COUNCIL MEMBER
I, John A. Ste do solemnly swear that I will well
and truly deme myself as Council Member of the City of Smyrna
for the ensuing term, and that I will faithfully enforce the
Charter and Ordinances of said City to the best of my ability,
without fear or favor, and in all my actions as COUNCIL MEMBER
act as I believe for the best interest of the said City. So
help me God.
(Seal)
Subscribed and swo
me this 19th day 0
to before
February, 1979.
12, 1979
scheduled meeting of Mayor and Council was held pursuant to the Charter
1979 at the City Hall, Smyrna, Georgia. The meeting was called to
fficer Mayor Frank Johnson at 7:30 o'clock p.m. All Council
Also present was City Attorney Charles City Clerk
Gunter Newsom, Fire Chief Don kinson, Police
reation Director Asa Howard, Public Works Director
Inspector Len Williams, Civil Defense Deputy Director Dick O'Hara
and of the press.
Invocation Reverend J. T. McHan, followed by the pledge to the flag.
Councilman Elbert Coalson
(30) residents, stating the water on their street was
en promised a year ago that this problem would be
a Mr. Brown called him about this problem and he
Mr. Coalson asked Mr. Brown to let him know if the
tonight is the first time he knew the water was still
for the group and brought several samples of
d been muddy for four or five years and he had
many times; also the sand in the water had ruined
Mayor Johnson asked Jim David to make a study
Council as soon as possible.
License: Chec Chapman's Enterprises, Inc., 715 (730)
applicant. Glen Stinson represented the corpora-
tion, Mr. Brocker was also present. Mr. Stinson said he was not sure if the street
number is 715 or 730, but a copy of the plat and survey was attached to the appli-
cation, showing the exact lot. Mr. Stinson said they were incorporated within
the State of Georgia listed on the application are the only stock-
holders. Mr. not put any money into the business yet as
take to operate. Whatever the amount, Mr.
the cost. John Steely made a motion the license
enting several members of the Sharon Baptist Church
cense. Jerry Mills seconded the motion, stating the
Jim Tolleson said he did not think it met the
Architectural Standards. John Steely said that when
another name, the Fire Department did check
checked this application, but that it was the
leson said the ordinance st ans and rendering, and
of the inside of ilding. Mayor Johnson said
for this reason but could be tabled until the
of the ordinance. Mr. Stinson said they would be
t was needed to comply with the ordinance, if council
Jerry Mills motion the application be tabled.
The vote to tabl carried 7-0. Mayor Johnson
when it should be put back on the agenda.
Bids for softballs were opened, read and are recorded as follows:
Archie's
Gab le
Reeder &
Southeaster
$32.40 per dz.
31.20 per dz.
33.95 per dz.
32.00 per dz.
Jim Tolleson made a motion the bids be turned over to the Parks Committee for
with authority to act. Jim Hawkins seconded the motion which carried by
e.
Bids for (1) tractor mounted
trimmers and (1) heavy-dut
as follows:
tor, (1) turf and ornamental spray unit, (2) edger-
ial blower were opened, read and are recorded
Blower
No bid
$1,687.00
No bid
$1,433.95
No bid
$2,199.50
No bid
$1,869.50
$185.95 ea.
$369.90 ea.
No bid
$295.90 ea.
$340.95
$494.00
No bid
$444.60
Jim Tolleson made
with authority to
bids he turned over to the Parks Committee for review
Hawkins seconded the motion which carried by a 7-0 vote.
(Continuation of March 12. 1979 Meeting)
Commercial building permits were submitted by Inspector Len Williams and upon his
recommendation the following action is recorded:
(1) Jewel Tea Company, 2552 South Cobb Drive, requested a permit to renovate
the existing building. Plans had been approved by the Fire Marshal. Jim Hawkins
made a motion the building permit be approved. Elbert Coalson seconded the motion
which carried by a 7-0 vote.
(2) Super Test Oil Company, 2110 Atlanta Street, requested a permit for a self-
service station. Plans had been approved by the Fire Marshal. Jim Hawkins made
a motion the building permit be approved. Bill Darby seconded the motion which
carried by a 7-0 vote.
(3) Ridgeview Institute, 3985 South Cobb Drive, requested a permit to refinish an
office for a doctor's office. Len recommended the permit be approved. subject to
approval by the Fire Marshal. Jim Hawkins made a motion the permit be granted,
subject to approval by the Fire Marshal. Jim Tolleson seconded the motion which
carried by a 7-0 vote.
(4) Cobb County Board of Education requested a permit to erect a physical education
shed at the Belmont Hills Elementary School, South Cobb Drive. Elbert Coalson made
a motion the permit be approved, subject to approval of the Fire Marshal. Jerry
Mills seconded the motion which carried by a 7-0 vote.
(5) Cobb County Board of Education requested a permit to erect a physical educa-
tion shed at the Brown Elementary School, Brown Circle. Jack Shinall made a motion
the permit be approved, subject to approval by the Fire Marshal. Jim Hawkins
seconded the motion which carried by a 7-0 vote.
(6) Cobb County Board of Education requested a permit to erect a physical education
shed at the Hawthorne Elementary School, Spring Road. Jack Shinall made a motion
the permit be approved subject to the approval of the Fire Marshal. Jerry Mills
seconded the motion which carried by a 7-0 vote.
Variance Request: (1) Ken and Cathy Hammonds. 1251 Cliffwood Drive, requested a
side yard variance in order to cover an existing patio, which. is within 6 inches
of the adjoining property line. Attached to the request was a statement, signed by
the adjoining neighbor, Arthur Barker, 1661 Cliffwood Drive, giving his permission
to grant the variance. Bill Darby made a motion the variance be granted. Jim
Hawkins seconded the motion which carried by a 7-0 vote.
(2) Richard Reinsch, 245 Doeskin Trail, asked that the variance to build a room
over an easement be tabled until the next meeting, in order that he might secure
legal documents needed. Jack Shinall made a motion this variance request be
tabled until the next meeting. John Steely seconded the motion which carried by
a 7-0 vote.
(3) Baird Construction Company, 316 Manson Court, requested
the location of a home on Lot 6, Ashley Court, to within 21'
property line and 32' 0" from the right rear property line.
made with the adjoining property owners, Mr. and Mrs. Grover
Drive as follows:
a variance to approve
0" of the rear left
An agreement had been
Garrett, 470 Pineview
"TO WHOM IT MAY CONCERN: The acceptance of this agreement as acknowledged
by below signatures of Mr. and Mrs. G. Garrett, 460 Pineview Dr., Smyrna
hereby releases W. E. Baird and E. W. Baird, Baird Const. Co.. of any and all
complaints reference construction of Benny Brooks - Designer Plan 111490 as
shown on plans presented to City of Smyrna and on foundation as is now located
on Lot 6. Ashley Ct. The foundation now rests approx. 21' 0" from the rear
property line and extends as far away as approx. 30' 0" at the right rear corner.
A sum of twelve hundred and no/100 ($1.200) is being paid to Mr. and Mrs. G.
Garrett by Baird Const. Co. for above mentioned release. Mr. J. Steely, City
Council representative, Ward 7 does also witness this agreement and represents
the City of Smyrna acknowledging that any and all said orders on the above
construction site be removed 3/3/79.
The above sum of money is to be applied toward the construction of a 6' 0"
high cedar fence to be built along common property line within 60 days from
acceptance. s/W. E. BAIRD for Baird Const. Co. 3/2/79
stJohn A. Steely 3/2/79
s/Mrs. Grover, Garrett 3/2/79
s/Grover Garrett"
(Continuation of March 12, 1979 Meeting)
a
a
on the variance be granted.
vote.
Jack Shinall seconded the motion
tall
paid
7-0 vote.
next week.
stated that Campbell Road, from the railroad tracks to Howell Drive, has
and guttering for some time. Bill made a motion that $14,500 be approved
curb and gutters on Campbell Road from Howell Drive to the railroad tracks,
from Genera erry Mills seconded the motion which carried by a
Some of the be contracted, some will be done by the City, starting
Bill Darby made a
Jerry Mills secon
minutes of February 5, 1979 be approved as submitted.
motion which carried by a 7-0 vote.
Jim Tolleson made
Jack Shinall seco
minutes of February 19, 1979 be approved as submitted.
which carried by a 7-0 vote.
Validation
in LL 528, nort west corner 0
was read as follows:
(1) _Bernard
King Springs and
rn Enterprises, property located
Cobb Drive - annexation request
"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 acreage 0 area described below, which is un-
incorporated iguous to the C' Smyrna, hereby apply to have said
area annexed into the City of Smyrna the provisions of the Code of
Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966,
409, 410, 411, 412. 413; 1971, 399; 1976, Pages 1101, 1012); said
ty to be annexed being described as follows, to wit:
All that
1 of land lying and being in Land Lot 528 of the 17th
, Cobb County, Georgia, and being more particularly
BEGINNING at
of the southe
distance of 699.3
westerly side
a point, and t
1017.7 feet along
BEGINNING.
rly side of South Cobb Drive and the intersection
Lot Line of 528 and thence running westerly for a
feet to a point; and thence running northerly along the
d Lot Line 528 for a distance of 799.9 feet to
in a southerly direction for a distance of
the right-of-way of South Cobb Drive to the point of
WHEREFORE, THE
MAKE SAID APP
IGNED HEREUNTO SET
FOR ANNEXATION TO
HANDS AND SEALS, AND THEREBY
TY OF SMYRNA.
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/JACK HALPERN."
Jim Hawkins made a motion the signatures and annexation request be validated.
Mills seconded the motion which carried by a 7-0 vote.
Jerry
Jack Shinall made a
seconded the motion
the date of Public Hearing be March 28, 1979.
carried by a 7-0 vote.
Jim Tolleson
(2) Don and
ation request
located in LL 301, on Pat Mell Road - annex-
who constitute sixty percent (60%) of the electors resident
below and who constitute sixty percent (60%) of the
a by acreage of the area described below, which is un-
uous to the City of Smyrna, hereby apply to have said
xed 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; , 399; 1976, Pages 1101, 1012; said property to be
annexed being described as follows, to wit:
t tract or parcel of land lying and being in Land Lot 301 of the 17th
t, 2nd Section, Cobb County, Georgia, and being more particularly
ed as follows:
BEGINNING at the int
the southerly side
ion of the westerly side of South Cobb Drive and
Pat Mell Road, thence running in a westerly direction
(Continu",tion of March 12, 1979 Meeting)
of 827
of 386.4
line of said
for a
161 feet to
of beginning and thence running southerly
thence running southwesterly along
a distance of 172.10 feet to a point, and
415 feet to a point, thence easterly for
of BEGINNING.
THE UNDERSIGNED
APPLICATION FOR
SET THEIR HANDS AND SEALS, AND THEREBY
TO THE CITY OF SMYRNA.
the signature of record title holders of the fee simple title, or
representative, of 60% of the land area above described by acreage:
s /DON CASWELL s /W. S. CASWELL"
Jack Shinall made a motion to
the date for the public hearing
Mills amended to
of request and
the annexation being
by a vote. Vote on the main
7-0 vote.
these signatures and this request and set
28, 1979. Elbert seconded the
to require the reading paragraph
validation for this explaining
Shinall seconded which carried
motion to va]~idate the signatures carried by a
a motion to
by Bernard
and this
the minutes
reading of the first
, explaining the
become a part of the
by a 7-0 vote.
of the
of annex-
Jack
(Parks)
Springs
prior to
type
w:tll be
12:00 to 6:00 p.m.
Tournament
Jim Tolleson
night.
Super Family Field would be
will be hosting a seminar on
Field Day. A San Francisco group, who
be conducting the field day. Spring
16th at Cumberland Mall and Saturday,
Two of our teams are participating in the 5th
in Clarksville. Spring cla~ses will begin
be giving a report on King Springs opening
with
the
Power Company presented City of Smyrna
of $256,000. for the year This was
and certainly helped the financial con-
Silk, Aide to Senator Sam
in getting a Grant for flood
visited Senator Nunn's
Mr. Silk's call was a
called
control,
while in
of this visit.
Jim Hawkins called
00 p.m. at City
the City.
lUeeting of the Inspections
Jim thanked the two parties for
for
stated
before
Senators
and sewer
David about
Jack said
McDonald's offices,
improvements.
water on
Washington
about
Elbert Coalson said that
since he asked it to
the problem.
had a
, but
did enjoy the trip
discussing the
department.
Mayor Johnson
of the Fire
These
being
Chairman of the Fire
that at the last was
and John Steely as the
never implemented, and for the record,
Chairman of the Inspections Cou=ittee, John
Jim
City
that for
a piece
months we have been
we felt should be ours
with the
41 Highway.
(Continuation of March 12, 1979 Meeting)
rted effort through the legislators to get this property in
and at one time we thought they were going to succeed. Mayor
d everyone to know that Al Burruss saved us, with the help of
Thompson, Carl Harrison, Ken Nix and Johnny Isakson, who had said from
g they would not vote for it. The deciding vote depended on two repre-
and Al Burruss came through for us. For his firm stand, on behalf of
our city we are certainly thankful.
Announcements: CMA meeting will be tomorrow night at Acworth City Hall, and all
those planning to att meet at City Hall at 6:15 p.m. The next council
meeting will be March 1
There being no further business, the meeting was adjourned at 8:42 p.m.
************************
March 19, 1979
The regular scheduled meeting of Mayor and Council was held at the City Hal.l, Smyrna,
March 19, 1979. The meeting was called to order by presiding officer
B. Johns 7:30 o'clock p.m. All Council members were present. Also
present was City Att Charles Camp, City Clerk Willouise Spivey, Finance Director
Gunter Newsom, Fire Chief Don Atkinson, Police Chief R. E. Little, Parks and Recrea-
tion Director Asa Howard, Public Works Director J. E. David, Building Inspector
Len Williams, Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by Councilman John Steely, followed by the pledge to the flag.
No citizens reports.
Ridge Road and South Cobb Drive: Mayor Johnson
d were present. Attorney Bob Smith was present,
No other homeowners came forward.
He would like to present Mr. Olin, Sherman and George's letter of with-
ich had been delivered to him. Also I don't exactly know where to start
I would like to inquire of the Council what is proposed to happen if the news-
ts are an correct, then the matter as the Mayor was quoted
void. I . Newsom yesterday, I believe it was. He in-
dicated he did not uld happen on it. We presented our evidence.
that wit , before Mr. Olin, with the withdrawal of the
th stered voters. It's obvious it is less than
we submit ication fails on that point, and we urge the
dismiss the application because there's no doubt that it can't go through
is. I Mr. LeFevre and I think most of the other people
d here t ing they want is to have to take any kind of legal
action on this matter. But I must reiterate that they are ready and willing to do
but what we can't understand is, with the less than the 60% required, why does
insist on with it, if that is what you insist. And I
t it is. my understanding there would at least be no action
t was tanding from the newspapers accounts that, if they were
that the dead. So, I don't know from what point to start my
dis ion, so I would like, and Mr. LeFevre would like to know what the plans are
if that's appropriate which we believe it is.
It would appear from the documents that have been presented that
have a valid annexation request. However, we have what we
ces that might prevail, that might cause us to
umstances would appear that we do not have a
ted we would not have the 60% and we would not
our annexation efforts in this particular case.
some mitigating circumstances that could develop
unity to pursue, and if those do develop, then we
Well sir, I
be made, but i
understand that you know that at any time an appli-
there going to be any action of this application, for
(Continuation of March 19, 1979 Meeting)
for tonight,
entertain
not be able to proceed. and gentlemen,
it be carried forward to our next regular
the
of the annexation hearingpfRidge Road
2, 1979. Jim Hawkins seconded the
7-0 vote.
Mayor
the
advised Mr. Smith this annexation hearing would be carried over to
meeting on Ap'ril 2, 1979.
Mr. Smith asked if that meant we were carrying the public hearing over to that time.
Mayor answered, that is correct.
- C. Lamar Dickson. Smyrna Hill Drive
request was read as follows:
"We undersigned, who constitute sixty percent (60%) of the electors resident
area described below and. who constitute sixty percent (60%) of the
of the land area by acreage of the area described below, which is un-
and contiguous to the City of Smyrna, hereby apply to have said
into the City of.Smyrna under the provisions of the Code of
Sections 69-904 through 69-912 (Georgia Laws, Acts 1966,
, 412, 413; 1971, 399; 1976, Pages 1101, 1012; said
annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 412 of the 17th
District, 2nd Section of Cobb County, Georgia and being described as follows:
at a southwesterly side of South Cobb Drive and the northwesterly
Smyrna Hill Drive at a point, thence running southwesterly along the
of Smyrna Hill Drive for a distance of 409.8 feet to a point of
running along the right-of-way of Smyrna
for a distance 66 feet to a point, and thence running
for a distance of to a point, thence running northeasterly
of 240 feet to a point, thence running southerly for a distance
feet to a point, thence running westerly for a distance of 130 feet
thence running southerly for a distance of 151.91 feet to the
BEGINNING.
THE
APPLICATION FOR
SET THEIR HANDS AND SEALS, AND THEREBY
TO THE CITY OF SMYRNA.
holders of the fee
the land area above
tiele,
by
Jim
of
motion the
a part of
vote.
property be annexed
Jerry Mills seconded the
that property located in Land Lot
Light Industrial, for the purpose of
and Zoning Board recommended the rezoning
as follows:
tract or parcel
2nd Section of
lying and being in Land Lot
, Georgia and being
for a
a distance
of 240 feet
to a point,
thence running
BEGINNING.
South Cobb Drive
thence running
for a distance of
along along the
292.E6 feet to a point
to a point, thence
poi,nt, thence running
running westerly for a distance
southerly for a distance of 151.91
a motion the
Industrial.
property
seconded the
rezoning.
General
by
(Continuation of March 19, 1979 Meeting)
uest - Chec Chapman's Supper Club, 715 (730)
applicant.
advised this request was tabled at the last council meeting and that
ly had made a motion the license be granted. Jerry MilJ.s seconded the
The request was tabled to enable the applicant to secure additional infor-
Mayor Johnson asked for discussion on the motion. Attorney Glen Stinson,
ting the applicant, presented council with a drawing of the layout of the
of the buil Stinson said proof of the correct zoning had been
presented, also the been inspected by the Fire Marshal and he did not
think there was any d not complied with. He said the parking layout
was on the back of or layout. Mr. Stinson referred to Section 8 of the
Alcoholic Beverage and stated they would meet all requirements before
opening. He also s were negotiating to get an additional entrance in
the back. John Steel bert Coalson expressed concern about the traffic on
Concord Road. Jim Tolleson said he was going to vote against the request because
of the letter from the Police Department, which read as follows:
"Investigation by this department reflects the following facts;
1) On August 8, 1978 in a previous application by Mr. T. Jack Hurt it was
reflected that 1000 shares had been issued by the Chec Chapman's Enterprises,
Inc. and that Mr. Hurt held 510 shares of said stock.
2) The applicant, Mr.
stated that he was not
to the Reporting Of
as reported in the a
been issued.
Eleuterio Brocker, when interviewed on March 5, 1979
aware that any stock had been issued. It appears
r that a man that owns 51% of stock in a Corporation
ation should certainly know whether or not stock had
3)
but
stated that he had no money invested in the Corporation
investing 8 or $9000.00 in the Corporation.
did not know the name of the attorney who is drawing
ch fact would tend to cause the Reporting Officer to
whether or not he actually knew what was going on.
5) There is no
which is the loc
Donald L. Hall, the owner
on same under the address
as 715 Concord Road in the city of Smyrna, Georgia,
business of the permit applied for. In fact Mr.
of the property in question, has been paying taxes
of 730 Concord Road since 1977.
The reporting
by Mr. Brock
the least, misleading.
that these discrepancies between facts related
paper work reflected in the application are, to say
siR. E. LITTLE, CHIEF, SMYRNA POLICE DEPARTMENT"
said th
investi
him
the Attor
this time, when
him you had a pretty g
indicate the applicant
carried a 5-2 vote.
Jo ly voted for.
ed to him, according to the application and ordinance,
checkout of the moral character of the man, and it
g you can find out about a man is that he didn't
he had not invested any money in the corporation at
if it would pass the ordinance or not, it seemed to
John Steely stated nothing in the letter would
any ordinances. The motion to approve the license
1 Darby, Jerry Mills, Jack Shinall, Elbert Coalson and
Tolleson and Jim Hawkins voted agai.nst the motion.
granted.
3/12f79) Richard Paul Reinsch, Jr., 245 Doeskin
order to build a room over an existing drainage ease-
legal document which relieves the City of Smyrna of
nt will be recorded at the Cobb County Court-
the heirs or successors and shall also be a covenant
and. John Steely made a motion the variance be
seconded the motion which carried by a 7-0 vote.
Mayor Johnson read a letter m Ralph Cowden appealing the decision of Recorder's
Court. Jack Shinall made a on the appeal be heard at the next council meeting
on April 2, 1979. Jim Tolleson seconded tbe motion which carried by a 7-0 vote.
Commercial building pe presented by Inspector Len Hilliams and upon his
recommendation the following action is recorded:
7, Subdivi.sion plat. Mr. Hilliams stated the plans had gone
Is, had been approved by the City Engineer and the Planning
and
Green
7-0 vote.
Hawkins
be approved. Jim
the subdivision plat foX Unit 7,
seconded the motion which carried by a
(Continuation of March 19, 1979 Meeting)
Jim Hawkins made a motion the Code of Ordinances be amended
to read as follows:
Classification
adopted by
Standard
printing
for the purpose of uniformity, the latest
Classification Manual, published by the
14-10.1 Classification to become effective March 20, 1979.
Jim
seconded the motion which carried by a 7-0 vote.
Elbert Coalson reported the
up. Jack Shinall said they
dug up tlle lines and found
check with the homeowners today
and the water department for
one else had a problem they would
muddy water on Glendale Place had been cleared
about four homes really had a problem. They
blockage. After removing tbe blockage, a
water clear. Elbert Coalson thanked Jack
this problem and said he hoped that if any-
him know.
(Garage)
so that the
, must sign a
will be emergencies,
cooperation.
stated the Garage Committee had investi-
of any department, wishing a vehicle
before any work is done on a vehicle. They
but the work order policy is to schedule work,
Chief Clarence Robinson, coordinator of the
the ~~rch of Dimes on Saturday March 31,
to Benson Poole Road, Cobb Drive
will leave the City, then from Marietta
the point of beginning. The ice Depart-
portion of the march which is in Smyrna's
the parade permit be approved. Jerry
a 7-0 vote.
Coalson advised
a
start at
Hurt Road
to Cobb Center,
with Chief Robinson
Elbert Coalson made
the motion which
Elbert
on
on
requesting a parade permit for the Smyrna Little League,
11:30 a.m. at the Smyrna Drive-In, south
left on South Cobb, left Concord Road
Coalson made a motion parade permit
motion which carried by a 7-0 vote.
be
read a request by
at the
Cobb Drive.
seconded the
for the Blind.
Lions Club to sell Canes the
Road and Cherokee ROad, and Cherokee
made a motion the
all proceeds would go to the
carried by a 7-0 vote.
bills
was
to give a report on outstaI:l.ding water
a few accounts that were high but that he
$74,000 outstanding but that includes the
McCoy was now a member
and Zoning Appeals
Planning and Zoning
that vacancy. Jim
and
Jim made
Board
seconded
Jim
that Super
one thou~and people
on Monday, April
will be Sunday,
"Fiddler on the
Day was just that, Eight
King Springs Park will open
te.nnis courts will April 9th.
at 2:00 p.m. The Smyrna Community Theatre
Civic Center on March 29-31.
to
The
will
announced that
to
he would try
Senator Joe Thompson was asked if any
Citizens Center Street
us get funds and needed
NG INSPECTOR
I, Marion Len do solemnly swear that I will well
and truly d as Building Inspector of the City of
Smyrna for the ensuing term, and that I will faithfully en-
force the Charter and Ordinances of said City to the best of
my ability, t fear or favor, and in all my actions as
BUILDING INSP act as I believe for the best interest of
the said City. So help me God.
)
Subscribed and sworn to before
me this 5th day of February, 1979.
I, Marion Len ams, do solemnly swear that I will well and
truly demean mys as Marshal of the City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without
fear or favor, and in all my actions as MARSHAL act as I
believe for the best interest of the said City. So help me
God.
(Seal)
Subscribed and
me this 5th day
sworn to before
of February, 1979.
NS OF SMYRNA, GEORGIA SPECIAL CITY ELECTION
2052
REGISTERED
VOTING
1979
TOTAL NO. VOID BALLOTS
Managers to conduct this election.
E. Y.
50
343
JOHN
LINDA
295
We, therefore certify to the Mayor and Council of the City of
Smyrna, the election of:
COUNCILMAN WARD
This candidate
ived a majority of the votes cast.
of the votes cast, the municipality
e held between the two candidates receiving the
day, February 17, 1979.
(ATTEST)
ERK
tion of March 19, 1979 Meet~ng)
illed out an applicat~on. Mayor Johnson announced that we have,
in the State budget, Department of Natural Resources, $120,000
This 1 really be an asset to our c~ty, not only to the Sen~or
th, but the first community meeting place we have ever
000. ~t one of the nicest facilit~es around. He ad-
Repre on was one of our very strong supporters on
~de. mad enior C~tizens this coming
in on at the f Mayor Johnson thanked every-
one who worked said he was ghted to be able to make this
announcemen t.
The Jonquil Breakfa
Next meeting will b
meeting will be April
y morning at 8:00 a.m. at Fair's Restaurant.
tion hearings on March 28th. Next regular council
There being no further business. the meeting was adjourned at 8:14 p.m.
************************
The Special of Mayor and Council was held at the City Hall, Smyrna, Georgia
called to order by presiding officer Mayor
All Council members were present. Also present
Gity Glerk Willouise Spivey, Finance Director Gunter
and representatives of the press.
Public
on Pat
owned by Don and W. S. Caswell, located
Invocation
Coalson, followed by the pledge to the flag.
The annexation request was read as follows:
"We the und
in the are
owners of
incorporated
area annexed int
ted, Secti
11, 412,
annexed being described as
stitute sixty percent (60%) of the electors resident
and who constitute sixty percent (60%) of the
creage of the area described below, which is un-
to the City of Smyrna. hereby apply to have said
of Smyrna under the provisions of the Code of Georgia
through 69-912 (Georgia Laws. Acts 1966, Pages 409,
399; 1976. Pages 1101, 1012; said property to be
follows, to wit:
All that tract or parcel of land lying and being in Land Lot 301 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
tion of the westerly side of South Cobb Drive and
Nell Road, thence running in a westerly direction
a point of beginning and ce running south-
feet to a point, thence g southwesterly
said creek for a distance of 172.10 feet to a point.
a distance of 415 feet to a point, thence easterly
.t to the point of BEGINNING.
THEIR HANDS AND SEALS, AND THEREBY
THE GITY OF SMYRNA.
WHEREFORE, THE
MAKE SAID APPLI
the record title holders of the fee simple title, or
of 60% of the land area above described by acreage:
CASWELL"
7-0
opposition
made a mot
a part of
vote.
annexation and Mayor Johnson called for a motion.
above described property be annexed i.nto the Gity of
Ward 6. Elbert Coalson seconded the motion which carried
Bernard Halpern, . located at the
ve in Land Lot 528
(Continuation of March 28, 1979 Meeting)
The
was
(60%)
sixty
resident
the
area is un-
of Smyrna, said
under the provisions of of
through 69-912 (Georgia Laws, Acts 1966,
399; 1976, Pages 1101, 1012); said
described as follows, to wit:
,
described
or parcel of l.g.ndlying and being in Land Lot 528 of the 17th
2nd Section, Cobb County, Georgia, and being more particularly
as follows:
BEGINNING at the westerly South Cobb Drive and the intersection of
the southerly Land Lot Line and thence running westerly for a distance
of 699.3 feet to a point; and thence running northerly along the. westerly
side.being the Land Lot Line..548 for a distance of 799.9 feet to a point,
and thence running in a southerly direction for a distance of 1017.7 feet along
the right-of-way of South Cobb Drive to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED
MAKE SAID APPLICATION FOR
THEIR HANDS AND SEALS, AND THEREBY
TO THE CITY OF SMYRNA.
of
title holders of the fee
of the land area above
by
HALPERN."
there present who would like to
Mayor stated he would entertaj.n
Mr. John VanHorn represented the group.
for
While I am here I
please. My name is
is not in the city
like to be in opposition
and reside at 1300
but in the county.
1 a.nd point
Cliff Drive
if
me one second
to ask
Camp. Mayor Johnson
to
by City
sworn.
Mr. Van
Gentlemen, I am in
to both the annexation
rezoning.
We are not
rezoning.
both if I may please.
That will save you
Well, that might
pleasure, all right.
much. My
terms of what
is, in my opinion,
This for several reasons.
annexation,
do immed-
an 0
I state
is now
clarification. The property
Shopping Center.
not zoned
it is
by annex-
a situa-
you some
in a
moving
area~
certain
King Springs
moving in
believe
From
period
same type
(Continuation of March 28, 1979 Meeting)
is a movement of 32,000 vehicles. Which means that at the current
more vehicles moving from Concord Road to Wisteria than there is on
of Highway 41 . With the annexation and rezoning to General. Commercial,
that we are going to add more vehicles to an already crowded road,
ever-present safety problem to not only the citizens of Smyrna but
e in t According to the State Highway Department in 1977,
to 12 429 traffic accidents, in which 49 were injured,
We fe additio ing to General Commercial that
b worse. parison study to Highway 41
ctor in the same period of time 1977, there
were 295 accident s and no fatalities. Which means there were more
traffic accidents rd Road to I285 than on a like area on Highway 41.
There are current that cross, and this is according to Criffin Middle
School, who cross on their way to Criffin. We feel like the annexation
and rezoning is a d to these children. If even one person is injured
or killed, then we at what you gentlemen are trying to do here should
not: be done. We feel that there are better ways for land use. That the area should
be zoned for what it is now zoned for and not to General Commercial and we would
like your consideration of these matters. Thanking you very much for hearing me
out. Thank you very much.
Mr. VanHorn I would like to ask you a question for the record, since
you are possessed with so much information from the State Highway Department, I
would like to ask the question if the State Highway Department provided you with the
information on the design and criteria for the road.
Mr. VanHorn: No sir. I
for this information I wa
called the State Highway Department and asked them
ing for.
much. Is there any citizens of our city who might
this annexation? Anyone who would like so speak for
I declare the public hearing to be over and I will
Th
in 0
the annexation? Hear
entertain a motion.
Jerry Mills made a motion the above
Smyrna and become a part of Ward 7.
to annex this property carried by a
described property be annexed into the City of
John Steely seconded the motion. The motion
7-0 vote.
Jerr Is made a mot
be a and made a
the motion which
amend t:he motion to read the above described property
d 2, instead of Ward 7. Jack Shinall seconded
vote.
located at the
Lot 578 - from
The rezoning request was read as follows:
"The petition of
from PSC to GC th
pern, owner, hereby makes application to rezone
wing described property:
land lying and being in Land Lot 528 of the 17th
County, Georgia, and being more particularly
All that tract
District, 2nd
described as follows:
BEGINNING at the westerly side of South Cobb Drive and the intersection of
the southerly Land Lot Line of 528 and thence running westerly for a distance
of 699.3 feet thence running northerly along the westerly
side being the 528 for a distance of 799.9 feet to a point,
and thence r a southerly direction for a distance of 1017.7 feet
along the right- of South Cobb Drive to the point of BEGINNING."
Mayor Johnson advised the
rezoned from PSC to GC in
g and Zoning Board recommended this property be
meeting on March 5, 1979.
Mayor Johnson asked if there was anyone in the audience who might be in opposition.
Sir, are you representing a group or individual?
ng any group.
My name is Tony Idle.
am not
Let me state this first.
Are you a citizen of our city?
(Continuation of March 28. 1979 Meeting)
I not.
will allow
not a
sworn. Mr.
but you will be the only
city. If you will come
City Attorney Charles Camp.
speak
ask
first thing I'd
rez:oning is? Is
why the present
ask is a question, which is,
intended use? And what
property has will not
what the
intended use
for whatever use
Is that a question?
That is a question, yes.
a
can't put a business of the type that perhaps might go there
center.
What type of...
Sir, I'm not
the record, you
answer questions.
do that.
If you would like to make
I'll make
~vade Ford
be brought
standards
statement is that it is
this prop~rty, and it is
City of Smyrna, because the
County.
feeling
my feelings
of Smyrna
Sir, now if you
intend to stand
to a close.
to state some facts for the
and criticize this Council
may do
testimony
Mr. Idle:
I want to point out...
Please understand that now.
into the
that
that
this piece
to pave what, six acres,
controlled that it is off
is going to
amount of mud, silt
public streets.
"Understand very well. I want to make is that the King Springs
which is t:he City of Smyrna now has muq.J;:unning in
Drive, and it that proper development stan-
kind of the runoff is controlledpy retention
. ponding, whatever it happens t:o be to keeP from
That ion has existed now for and
do There is
be it out to
that Wade that:,
of that piece is
Springs Plaza Shopping the
during the construction
trash is going to be
is going
no better
All that will be
is not the case.
care of by our Building Department and we
It is not being
of now at King Springs Plaza.
Mayor Johnson: The place YOll
struction.and they do have hay
down in the street.
about at King Sprip.gs
in the heavy rains some
and
nature
not been arranged properly around the
like to make about the
volume of automobiles in a
be. there is going to be one
more than that, but the point I'm
SQuth Cobb Drive, King Springs Drive and the
substantially, and at this point
more traffic. Particularly the type
, burning gasoline .and generally
in that area.. I\ndgiven that the
is basically residential and we
(Continuation of March 28, 1979 Meeting)
'd like to see the City of Smyrna remain the Jonquil City and
p area for the metropolitan Atlanta area.
I'm sorry, I did not catch where you live.
Mr. Idle: Well, I was interrupted.
I live at 1284 Kings View Circle.
son: Thank you very much. Is there any citizen of our city who would
against the rezoning? Any of our citizens who would like to speak for
Hearing none, gentlemen, I will entertain a motion.
Mayor
like to
the rezoning?
Jerry Mills
rezoning by
from Planned
the motion.
is the only
thi
the legal document read by the City Clerk requesting
property at South Cobb Drive and King Springs Road
General Commercial be approved. John Steely seconded
Jim Hawkins stated that to his understanding Smyrna
doesn't have a new car dealership, so he didn't
ealership of the south. John Steely said that
e best in the State as far as our codes.
than Cobb County. Jack Shinall stated that:
been proved to be a higher volume traffic area
The motion to rezone carried by a 7-0 vote.
During discussion
Planned Shopping Center zoning
than any General Commercial area.
Mayor Johnson, on behalf of Mayor and Council, welcomed Mr. Halpern into the City.
corded a follows:
I, Ward Park - Bids were opened, read and are re-
Smyrna
sed heavy duty metal
uminaire with lamp, cross
aiming device
$226.40 each
117.64 each
235.28 each
58.82 each
615.90 each
2 Galv. cross assembly for 7 fixtures
2 Calv. cross assembly for 14 fixtures
2 Galv. cross arm assembly for 4 fixtures
2 35' hinged steel pole with lowering device and
trough for mtg. 6 1500 watt quartz
E. Sam Jones Distributor, Inc.:
46 -
halide fixtures (Musco) with lamps
are prewired, preassembled
No cross arms need be ordered.
of fixtures per cross arm when
$224.40 each
1000 watt met
NOTE: These
f
S
ordering.
Jim Tolleson made a
authority to act. J
that in considering the
as this is a big item.
the bids be turned over to committee for review with
seconded the motion. Mayor Johnson recommended
bids we include expertise and knowledge of these fixtures,
The motion carried by a 7-0 vote.
A resolution authorizing the Mayor to execute a contract in the amount of $120,000
was read as follows:
"WHEREAS, at the al Called meeting of the Mayor and Council of the City
of Smyrna, Cobb , Georgia, held on March 28, 1979, a motion was made
and duly seconded that the City Council of Smyrna agrees to the terms of the
the Georgia Department of Natural Resources and the City of
authorizing the Mayor to execute said contract on behalf of the City
Council of Smyrna and accept the grant provided for in said contract in the
amount of $120,OOO.
NOW THEREFORE, BE IT RESOLVED by the City Council of Smyrna, Cobb County,
that the terms and conditions of the contract between the Georgia
t of ces and the City Council of Smyrna are hereby
agreed to, that s authorized and empowered to execute said contract
If of th il of Smyrna and the grant provided for in said
t in the amount of $120,000 is hereby accepted to be used under the
terms and conditions of said contract.
in the called meeting of the City Council of Smyrna
on
(
of March 28, 1979 Meeting)
results of our efforts
Jim Tolleson made
review by the City Attorney.
the contract had not
to check it before signing.
funds
There
no further business, the meeting was adjourned at 8:20 p.m.
, WARD l