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February 4/18, 1980 Council Meeting scheduled meeting of Mayor and Council was held pursuant to the Charter Smyrna, Georgia on February 4. 1980. The meeting was called to order fficer Mayor Frank Johnson at 7:30 o'c1ock p.m. All Council members present. Also s City Attorney Charles Camp, City Clerk Willouise y, Finance Dir r Newsom, Building Inspector Len Williams. Police Chief R. E. Little, Don Atkinson, Director of Public Works J. E. David, Director of Civil Farley, Superintendent Bill Johnston of the Parks and Recreation Departm representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Mayor Johnson recognized five members of the Kennesaw Shrine Club appearing on behalf of the Yaarab Temple. They advised the Shrine Circus would be held at the Civic Center in Marietta f th through April 12th. The circus will be inside the d there amusement park outside. There will be concessions sel ts, ad purpose of the circus is to raise money for crippled children and they Cobb Countians to attend. The Kennesaw Club donated $28,000 to Scottish year. Mayor Johnson stated that in 1977, the then Mayor of Smyrna. Arthur T. Bacon, declared February 4th as Terri Myers Day. Terri was the thirteen-year-old daughter of Roger and Brenda Myers and was surrering from cancer. She died on February 25. 1977, but the love, joy and pleasure she gave everyone whose lives she touched will always be remembered. Mayor Johnson recognized Roger and Brenda Myers and also the grandparents. Frank and Tina Myers Roger again thanked the citizens or Smyrna ror their help and support. Mr. Fran id he would always love Smyrna ror what they did for Terri. Mayor John Proclamation proclaiming February 4th as Terri Myers Day, and said this day would always be observed in Smyrna. rema this to ask motion the budget by a 7-0 vote. Jerry Mills read the Revenue Sharing t, for a total of $145,780.00. He stated the ral operating budget. Mayor Johnson stated anyone present had any comment or would like comment from the audience. Jerry Mills made a adopted as read. Jack Shinall seconded the motion which carried Mr. Marvin C. Waldrip, General Manager of Victory Cab Company, requested permission to raise taxi fares in City from $1.00 for the first 1/7 mile and .10 for each 1/7 mile or fraction f, and $6.00 per hour waiting time to $1.00 for the first 1/8 mile and .10 each 1/8 mile or fraction thereof and $8.00 per hour waiting time with live clock. Live clock means that the meter would work when the cab is in slow traffic under 7 m.p.h. Elbert Coalson made a motion the new rates be approved. Jerry Mills seconded the motion. After discussion. the motion carried by a 7-0 vote. Bids received for (1) Pressure Demand Air Mask and (2) Steel Air Cylinders for the Civil Defense Department were opened, read and are recorded as follows: Rockford Safety Equipment #5641821 Survivair w/case (Survivair #98 #5641837 Su 45 cu. ft. spare cylinder (Su #9151-45) $720.00 $170.10 ea. Harold's Sales & Service MSA #461704 MSA Pressure Demand Mask Model 401 w/case MSA #94007 Steel cylinder ror Model 401 7 36 . 25 182.95 ea. Alternate on equal: Survivair #9838-20 Survivair #9151-45 661. 00 171.00 ea. Major Sales & Se MSA #461704 401 w/case MSA #94007, MSA Cylinder for 401 700.00 170.00 ea. Charles MSA MSA 700.00 173.00 ea. (Continuation of February 4, 1980 iMeeting) Fire Fighters J!.;.quipment MSA #461704.> Mqde1 401 w/case MSA #94007, MsA Cylinder for 401 775.00 192.60 ea. Dyna Med No bid Mine Applian~es Company . Model 401 MSA #94007 Cylinder 775.00 192.60 ea. Counts Equipment MSA #461704, Model 401 MSA If94007 Cylinder 645.00 160.00 ea. Elbert Coalson made a motion the bids be turned over to committee wi_th authority to accept the ]_ow bid. Jerry Mills seconded the motion which carried by a 7~0 vote. Bids opened, for one (1) Fleetside pickup truck for the Water Department were read and are recorded as follows: Peach State Ford Sales Ed Sherwood Chevrolet Strother Ford John Smith Company Day f s Chevrolet Wade Ford No bid $6,151.67 6.152.00 6,255.31 6,183.02 6.250.00 Jack Shinall made a motion the bids be Jerry Mills as he did not Hawkins agreed asked that the discussion. the Elbert Coalson voted against. Jim for review and come Tolleson seconded the against. turned over to committee with authority to the motion. Jim Tolleson thought tinted glass and air was Tolleson on the tinted and air con- back to full council awarding failed by a 3-4 vote. . Jack Jim Tolleson. Max Bacon. and made a motion the bids be turned over to before council at the next meeting to accept or motion which carried by a 6-1 vote. Elbert Bids read (1) Hydraulic as follows: for the Water Department were opened, Machine ffMHV36- Optional equipment $16,155 1.108 Sewer & Water MHV36-3SL complete 17.950 Myers Enterprises MHV36-3SL complete 18.750 Jim made a motion the be turned over to con~ittee for full council for recommendations. Max Bacon seconded 7-0 vote. No bids were received for the relighting of Ward Park. Phase II. Only 1) bid was received for the Athletic Field Conditioner ror the Parks It was opened. read and is recorded as follows: Georgia Golf & Garden Supply 1-10-800Smithco - Demo 1-19650 spray liner $3.000 580 Jack made a motion the above item be rebid. carried by a 7-0 Jerry Mills seconded the bid was received It was opened. read Commercial Mower for the Parks as follows: Wislar & & Grow $7,477 No bid ion of February 4, 1980 Meeting) a motion the above item be rebid. a 7-0 vote. Jerry Mills seconded the motion Coalson made a the February 18, 1980 council meeting be set as the date appeal of Cook Lowry, appealing t~e decision of 's Court, 17. Jim Tolleson seconded the motion which carried by a 7-0 te. Jack on the appointed to a full which carried by a 7-0 ated that Billy Stephens had filled the unexpired term and Zoning Board. and made a motion Billy Stephens be presenting Ward 5. Elbert Coalson seconded the motion vote. Max Bacon advised order. We are cu t. It was ne Bacon made a to $10.00 per liner, homestead exemption. was an increase in the cost of garbage can liners on our last charging $7.50 for these liners and this does not cover the e a trip to Mississippi to pick up the last order. cost of liners to our customers be i.ncreased from $ 7.50 20% discount to our Senior Citizens who qualify for Steely seconded the motion which carried by a 7-0 vote, Jim Tolleson made a motion the minutes of January 7, 1980 be approved as submitted. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion the minutes of January 10. 1980 be approved as submitted. Max Bacon seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the minutes of January 21, 1980 be approved as submitted. Jim Hawkins seconded the motion which carried by a 7-0 vote. Commercial building permits were presented hy Building Inspector Len Williams and upon his recommendation the following action is recorded: (1) Chatham Properties, Inc. the existing build ocated Realty. Plans had Department. Jack Shinall seconded the motion which requested a building permit for a new roof system on at 2615 South Cobb Drive, and occupied by Northside by the Inspections Department and the Fire a motion the permit be approved. Elbert Coalson carried by a 7-0 vote. (2) V-Haul Company 0 requested a building permit to construct a warehouse for storage. P been approved by the Inspection and Fire Depart- ments. John Steely made a motion the permit be approved. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins stated Office-Distributi when the ordinance Section 713 and the storage only" has b ordinance be advert' 1980. acco the motion ing and Zoning Board had recommended Section 713. entitled d to the Zoning Ordinance. This section was deleted tten in 1977. The only difference in this proposed ted is: "Section 713.4.1 - Mini warehouses for se1f- Jim Hawkins made a motion this amendment to the zoning a public hearing held at the regular council meeting on Section 1504 of the Code of Ordinances. Jack Shinall rried by a 7-0 vote. vided" should tion Section 6 "All signs shall be lot and subj ect to except:" Hawkins stated that in order to clarify the meaning Ordinance. the last word in the first paragraph. ,according the City Attorney. Jim made myrna Sign Ordinance nded to read as follows: on private property, within the buildable area of the ght limitation of the district in which it is located, Jim Tolleson seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion Section 6-103 of the Smyrna adding a section (3) under Section 6-103 (c) - Wallo as s: ed the width and hei Sign Ordinance be amended by signs. to read nts otherwise the dimensions requirements speci- the motion. Jim Hawkins the Planning and Zoning Board. rney. recommended. this dition to the ordinance. After , the motion carried by a 7-0 vote. (Continuation of February 4 1980 Meeting) the staff. BAGeneral average, is a Missouri. and has November of as ded by Smyrna Parks Bacon seconded the motion John Steely stated the committee has of Parks and Recreation Director. best qualified person was already on employed as Superintendent of from Central Missouri University of Parks and Recreation with the City of with us as Recreation Supervisor and Superintendent John Steely made a motion that William A. (Bill) of our Parks and Recreation Department, as recommen- Recreation Commission and the Counci.1 Committee. Max carried by a 7-0 vote. requested we send Lawn Mower. trucks for the Parks Specifications will accompany motion which carried by a 7-0 vote. out new bids for the John also requested we bids to be requests Bill all and the said "The to go to program will be held on Saturday. March 15th, with the Special Olympics will start next week within the next two weeks. (Police) In answer to a question Coalson, Attorney Camp acivised he had checked on the disposition of etc.. stored at the police station and has found so far is that this sale would have to be held by the Cobb County f's department, with proceeds going to the county treasury. He is to check with the Attorney General on this. Shinall stated the water billing was back on schedule and there would be no more double bills. The next billing will include the new rates and an explan- ation will go out with the bills. that He said that , and they Jerry Mills replace the said we Jerry Mills for one (1) used pickup for the department was goi.ng to request bids they would go with one in the the motion. The question was asked if received for a new truck for j:;he Water Depart- for bids for two trucks, either of which the motion which carried by a 7-0 vote. was glad to see something being done on the sign ordinance. about it. Jim Hawkins said he had been waiting on the out- and Cobb Counj:;y suits. before making any changes. Attorney today received a of the ruling from the courts on the suit . and the City been upheld in this ruling. Max Bacon said we garbage can. motion to increase liner, from $67.50 to $85.00. are paid for by the contractor. a 7-0 vote. $67.50 for the unit and installation cost is now $85.78. including the liner. the unit. including installation and New cans are installed in new developments only and John Steely seconded the motion carried by reported wejhad of which a meeting was program. He also part in the Longest Sprint Saturday blown in a garbage truck.and pickup in some commercial his ward next week to each and everyone around the the 15th of March. rent Max table to take being held tomorrow night at Ward 1. He praised this our city more safe. Rollingview and urged or people ification- asked him to be between group is to work with the property owners other group wi.ll work on greenery, trees the old terminal to Cherokee Road. He company. Ceorgia Power Company. Smyrna. Jim inuation of February 4, 1980 Meeting) nts: Ear1ybird Coffee Club at 7:45 a.m. at the Farmer's Market Smorgasbord 7th, CMA Monthly Meeting at 7:00 p.m.. February 12th at the City Hall in Smyrna. and the next council meeting will be February 18, 1980. Meeting adjourned at 8:50 p.m. ************************ The regular scheduled of Mayor and Council was held at the City Hall. Smyrna, Georgia on February 18. The meeting was called to order by presiding officer Frank Johnson at clock p.m. All Council members were present. Also t was Attorney Ch amp, City Clerk Wi110uise Spivey, Police Chief R. E. Little. Fire Chief Don Atkinson, Parks and Recreation Director Bill Johnston. Building Inspector Len Williams. Civil Defense Director Jim Farley. Larry Dunn repre- senting the Public Works Department and representatives of the press. Invocation was given by Jack Shinall. followed by tbe pledge to the flag. Lester Weathers of Green Acres Road requested permission to put a to take care of basement drainage. His home is on the sewer system but the basement is too low to tap on. Cobb County has tested and approved the se c tank. After discussion Elbert Coalson made a motion the request be approved. J Steely seconded the motion which carried by a 7-0 vote. Jimmy Lowry appealed the decision of Recorder's Court held January Docket 17. Mr. Lowry. police officers Bailey and Collins were given the oath by Attorney Charles Camp. Mayor Johnson read the charges of Mr. Lowry living in Georgia and not a Georgia Drivers License or Georgia tag on his car. He was found guilty in Recorder s Court and fined $25.00 for that violation. Mr. Lowry stated he had that the car did not belong to him, that he had borrowed it some months back. home is in Madisonville. Tennessee. and he works for his father there. buying for his store. He goes to Atlanta to pick up orders to take to Tennessee and leaves there on Monday afternoon around 12:00 to be back here in time to go to work at Lockheed. He had title, tag receipt, insurance and proof of ownership of his father's store in Tennessee. Mr. Lowry stated he gave his address to the arresting officer as 970 Cherokee Road. Apt. 23C because he had co-signed the lease with another y who would not be accepted because she did not have a job at the time. Fol1 a question from Mr. Coalson, Mr. Lowry stated he did have a idence at Garden Apartments and also his home in Tennessee. Mr. Coalson id it did not ter where he went on weekends. he earned his livelihood in Geor and he was 1 in Georgi,a and should buy a Georgia license plate. Georgia law 68-221, Section B, that says notwithstanding A. in every case where a non-resident accepts employ- profession or occupation in the State or enters his public schools of the State. such non-resident shall cement of such employment or education. be required n this State, if such motor vehic],es are proposed of this State. Jack Shinall read from the provision of ment or engages children to be within 30 days to register his motor to be operated on the highways In response employed wi period just re the layoff period. John Steely. Mr. Lowry answered that he had time for about a year except for a three-month last year. and he just came back in January. here to go home to Tennessee. been layoff During left Mr. Lowry stated he did not have a car in his name - he had lost his and had not recovered it. TIle car he was driving belongs to his brother and has been in Georgia seven or eight months, and a Georgia tag has not been purchased for it. After further discussion, Mayor Johnson recommended this hearing be set aside until later in the meeting, and Jerry Mills made a motion this hearing be brought back onto the agenda as item 1111. John Steely seconded the motion which carried by a 7-0 vote. Only The for the two (2) used pickup trucks for the Parks Department. and is recorded as follows: Wade Ford Company Serial IIFIOGNAH0339 Serial IIFIOBNBF0394 $2,577.57 2.349.26 ( February , 1980 Meeting) Jerry Mills motion Raymond Fowler requested a variance to build with- of the required 75 feet. on property located Jim Tolleson made a motion the variance be which carried by a 7-0 vote. Commerc:4<>.lb uilding the following action is were presented by Len Williams and upon his recommendation (1) R. E. Fowler reques Plans had heen approved by a motion the permit be a 7-0.vote. to build an office building at 2393 Spring Road. Inspection Departments. Jim Tolleson made Shinall seconded the motion which carried by Opal St Mills made a motion this minutes of the January 21, a part of Ward 3. Jim Jones requested annexation of 8.969 located in was no opposition to the Jerry , a legal description read and made a part of 1980 TIleeting. be annexed into the City of Smyrna and made seconded the motion which carried by a 7-0 vote. Bruce D. A. Magoon, representatives for Smyrna located in LL 530 and 551. South Cobb Max Baco'n made a motion this the minutes of the January 21, 1980 meeting, a part of Ward 2. Jim Hawkins seconded the other property inside the located on the Drive was in Ward 7. After. discussi.on. the Steely made a motion this property be annexed seconded the motion which carried by a 7-0 Drive. was no Oppos described and into the City M:ills south end second was part of Ward 7. vote. The Drs. W. Talbert Wi11ia~s. Eugene L. of 2.658 acres located in LL 381. follows: percent (60%) of the electors resident sixty percent (60%) the owners described below, which is unincorporated hereby apply to have said area annexed into of the Code of Ceorgia Annotated, Sections 1966, Pages 409. 410, 412, 413; property to be annexed being described All that tract District, 2nd Lot No. 3 of J. . dated Cobb County Records, more land lying and being in 381 of , Georgia. and being and 5 and Subdivision as shown by plat made by Thos. E. 1964, recorded in Plat Book 33, page 2. described as follows: an iron pin from south 34 55 east 303.2 feet to an iron pin; ont:he southeasterly side of 812.2 right-of-way of South and east 248.8 feet to an thence feet to an iron pin; thence 32 degrees iron pin; thence south 86 degrees minutes west thence 34 degrees 48 minutes west 399.8 feet to southeasterly side of Concord Road; thence northeasterly of Road 170 feet to the iron pin at the point 8, be as land lying and being as more fully Harbour and Eugene L. Inc., Smyrna, Georgia, Georgia, and being more 381, 17th of June plat will described the northerly line of Land Lot 381, by an iron post, the east J.and 1.ot of Smyrna 2nd running thence north line of Land Lot 381, (Continuation of February 18, 1980 Meeting) feet to a post and point. running thence south 86 degrees, 3 west a distance of 26.8 feet to a point, running thence south o seconds west a distance of 289.8 feet to a point, said property presently owned by W. Talbert Williams, John , running thence south 29 degrees, 43 minutes 10 int id point being on the north right-of-way of g the curvature of the northerly right-of-way 368.6 feet to a point on the east land lot line the point of BEGINNING. NTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE TO THE CITY 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: Witness the of the record title holders of the fee simple title, or his representative, of 60% of the land area above described by acreage: . TALBERT WILLIAMS, E. L. HARLEY, JOHN W. HARBOUR" Jack Shinall made a motion the signatures be validated and the annexation hearing be held on March 17, 1980. John Steely seconded the motion which carried by a 7-0 vote. Committee Re (Parks) John Steely stated that bids were opened at the last council meet for one (1) heavy duty commercial mower and one (1) athletic field conditioner. He made a motion both bids be rejected since only one bid was received on each. He later learned this was the only source for this equipment and made a motion the bid from Wisler and Company for one (1) heavy commercial mower be accepted. Jim Tolleson see motion which carried by a 7-0 vote. John Steely made a motion the bid f ia and Garden Supply for one (1) athletic field conditioner be accepted. J kins seconded the motion which carried by a 7-0 vote. John stated a sealed bid had arrived late on the relighting of Ward Park and was the only bid received. The bid was opened, read and recorded as follows: Muscatine Lighting Mfg. Co., Inc. - (4) SC-IOOO-4P. including lamps $1,196 each $4,784 TOTAL This bid does not include installation. John Steely made a motion this bid be accepted. Jack Shinall seconded the motion which carried by a 7-0 vote. John Steely stated that in previous years, the City has sponsored two girls soft- ball teams and a motion that the City again sponsor two teams for Smyrna Girls t $150. per Following discussion, Jim Tolleson seconded the ch carried by vote. reported on the bids for a new pickup truck for the Water t the last meeting and recommended the truck be amount of $6,250, to be charged to Water Revenue, seconded the motion which carried 7-0. Jack Shinall all bids on the sewer jet which were opened e the bids were much higher than the money a motion that all bids be rejected. Max Bacon carried by a 7-0 vote. (Water) Jack Shinall Department; which were purchased from Wade Revenue Sharing. Jerry Mills reported the commit at the last meeti budgeted for this item, seconded the motion which (Finance) Jerry Mills stated a recent annexation bill had been passed by the Senate and was being held in the House, which would be detrimental to the City, and all of Cobb County. Passage of this bill would mean that any county with a popula- tion of over 250,000 would r approval by the County Commissioners before any city municipality. The House is delaying the bill us would be complete and Cobb County would fall uested the City adopt a resolution requesting this or Johnson stated he did not understand the ramifi- the time frame was concerned and felt Council. should rs to try and reach a b er understanding before scussion. Jerry Mills e a motion that the City e sent to the legislators asking them to support this year. Jim Hawkins seconded the motion which carried abstained. Mills stated made a statement th ic1e, one of the Smyrna Firemen greed to certain grievance hearings. t in a recent newspaper the Mayor and Council had (Continua.tion of February 18, 1980 any such agreement ha.d made. City by going to the newspaper and felt the City should take some steps No employee the right to through proper channels. TI,e states: "They shall from Qf any superior shall and practices of the , but may be made to any the consideration. They shall notify his to his attention of article read Salary Claimed Unfair." of the City received an average 10% raise it was time for the Council in the Fire In response stated he had not reprimanded the to come before with of the Fire Committee, his taken at this time a notation dozen or so grievances that come to committee had met , Assistant the pay scale for each They found a error, and it was corrected. to the Fire Department right to grieve, but the pay scale. in the pay others are written, committee will Jim the Save at Hall to discuss had resigned him. (SOS) beautification would meet lves from the telephone cqmpany and poles on Atlanta Road. Jim stated that to accept another job, and we certainly Smyrna cable requested a variance to build in LL 594. Mayor from Glenn C. Woodard, Jr., Director of the Federal Emergency as follows: "At Mr. Don flQodway on Cable TV, Inc., we have in Smyrna, upstream of New Spring Road. a would be contained within please consider this Map for the Creek North of New provisions of the the channel letter as of Smyrna. Road is s Flood by should to the Flood Boundary-F100dway Maps used We on the U.S. Spring forthcoming. re-evaluate f100dway and will inform you if any If we of any further at (404) 881-2391. this matter, please contact either Bill C. WOODARD, JR." part TV. City yes, to build sary to get the be the engineering of exact location motion the site. plan Jack Shinall (attached). asked if amendment like property. permit, as ion pond, amendment the motion Steely as liaison between Counc il of February 18, 1980 Meeting) f 1: City Attorney Charles Camp was called on for a legal ruling it applies to the purchase of automobile tags or licenses. Mr. ted sections from the Georgia code, section 68-201, Georgia Laws Acts July 1, 1978, pages 226-228 as amended, which states that every owner of a motor vehicle, trailer, or motorcycle, shall on the first day of April, register and obtain a license for the vehicle for the ensuing year. It also deals with persons driving the vehicle obtaining a license. on, in part, to state that it shall be unlawful and punishable as a misd operate any vehicle required to be registered in the State of Georgia wi id license plate. The exception to that rule that every vehicle shoul.d be licensed is in Section 68-221 and grants an exception that motor vehicles owned sidents of the State may be used and operated on public streets and highways iod of 30 days without having it registered. That exception limits the od to 30 days - no longer. Section B requires that any non-resident shal a license and register vehicles within 30 days after commencement of such t. In a case where a non-resident accepts employment or engages in a trade fessional occupation, such non-resident shall within 30 days after commenc t of such employment register his motor vehicles in the State. Mr. Camp pointed out that it did appear that Mr. Lowry had a valid lease agreement for the car. for $10.00 a week rental. Jack Shinall said it appeared Mr. Lowry's domicile was in the City of Smyrna and his vehicle was being operated in the State of Georgia and within the City of Smyrna, and made a motion that the decision of Recorder's Court be upheld. Elbert Coalson seconded the motion. Mr. Coalson stated he understood Mr. Lowry's problem, that there were a lot of people in similar situations that did not understand the require- ments for purchasing a tag. Mr. Camp said that in April, 1979, the legislature authorized the Governor to enter recripocal agreements with the sister states to take care of situations just like this, and he didn't know that we had had one from Tennessee yet. Vote on the motion carried 7-0. At that time, Mr. Lowry requested a 30-day extension but was informed by Mayor Johnson that the motion had already been passed. and he did have the right to appeaJ_ to Superior Court. next Jonquil Breakfast at Fair's Restaurant on February 20th and the meeting will be March 3, 1980. Meeting adjourned at 8:56 p.m. '>!.9C><D 'da