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April 7/21, 1980 Council Meeting scheduled meeting of Mayor and Council was held pursuant to the Charter 1980 at the City Hall. The meeting was called to order at 7:30 o'clock iding officer Mayor Frank B. Johnson. All Council members were present except Jerry Mills. was out of town. Also present was City Attorney Charles Camp. Police Chief ittle. Finance Director Gunter Newsom. Fire Chief Don Atkinson. Assistant orks Director Vic Broyles. Parks and Recreation Director Bill Johnston. Civil Defense Deputy Director Dick O'Hara and representatives of the press. Invocation was given by Councilman Jim Hawkins. followed by the pledge to the flag. Melissa Hayes. President of Smyrna Girls Softball. requested a the opening day of girls softball in Smyrna. on May 3rd and also invited the Mayor and Council members to attend their opening ceremonies at Jonquil Park. Elbert Coalson made a motion the permit be approved. cTohn Steely seconded the motion which carried by a 6-0 vote. Mayor Johnson stated he had received a letter from Laura L. Manor. attorney representing C. M. Lee. requesting that their request for rezoning of 4.942 acres on Ridge Road be withdrawn from the agenda. Mayor Johnson explained that if Mr. Lee decided at a date to reapply for the zoning change it would be necessary for the property to be readvertised and reposted. as if it were a new application. Max Bacon thanked everyone who had called and written him. expressing tbeir interest in the rezoning. Mayor Johnson called for a short recess. Rezoning: Thomas B. Miller requested rezoning of property located at 1359 Spring Street. from O&I to N.S. This request was tabled at the last meeting and Jim Tolleson made a motion the t be brought off table. Jack Shinall seconded the motion which carried by a vote. Mr. Miller was present and there was no one in oppos~t~on to the rezoning. Mr. Miller stated the plans were to construct a new 3200 square foot steel bu~ld~ng consisting of a combination of office space and drive-in fac~lities for h~s two--way radio business. The existing building will be torn down. Max Bacon made a motion the rezoning be approved. John Steely seconded the motion which carried by a 6-0 vote. Paul R. LaMons requested rezoning of property located at l3l8 Concord R-15 to L.C.. to be used as a beauty shop. Mr. LaMons was present and opposition to the rezoning. Jack Shinall made a motion the rezoning Max Bacon seconded the motion which carried by a 6-0 vote. and made a par property be annexed into the motion which carried 'of God requested annexation of property located in d on King Springs Road. the application having been read s of March 3, 1980. John Steely made a mot::Lon the the City to become a part of Ward 7. Elbert Coalson seconded by a 6-0 vote. Smyrna Assembly of God requested annexation of property located in and 555 at 3590 Marion Street. the application having been read and made a part of the minutes of March 3. 1980. Max Bacon made a motion the property be annexed into the City, to become a part of Ward 2. Elbert Coalson seconded the mation which carried by a 6-0 vote. Ordinance: Elbert Coalson read a proposed new ordinance providing for the sale of uncla~med property by the Police Department. The ,ordinance was read as follows: "Unclaimed Pro erty - Aut to sel.l at auction. The department of. Pol~ce shall have ,the authority public outcry to the highest bidder for cash any and all the articles of personal pJroperty that has come into, their harrds and which. after diligent effort has been made to ascertain the true owner thereof without success. remains unclaimed"Tor a period of. at. least three months. except contraband weapons or those articles otherwise provided for by the laws of tbe State of Georgia. Same tain a such property to be facturer's name and It shall be the duty of the department of PoLlee to main- ete catalog record of all property coming into their hands, identified in detail by its usual name. make and model. manu- serial number. if any. and if no identifying name or numbers. (Continuation of April 7. 1980 Meet~ng) to as to its physical properties and date such property came into the hands of (a) It shall be the of the to find the true owner of any into their hands and if such owner can be found In the event that the true owner of any such to claim said property and the property remains than three months next preceding the date of may proceed to sell such article or personal property such property to h~m. be found or refuses a period of not less sale as hereinafter provided. articles as hereinafter provided. 90 days prior unclaimed Deliver to the Cobb County s Depart- in its possession. together with a brief list shall not become public records but which lawful owner thereof. 2) Where any person in said property. mail a notice to the containing a statement if by the owner to the on or to the date for sale of such abandoned prop- person claiming an interest in any abandoned property of Police sball file a claim thereto in the form prescribed by the Department of Police. at least 30 days prior to the sale date for unclaimed property as herein provided: Police sball cons~der any claim filed under this Section. and subpoena witnesses. and receive evidence concerning it. and as to whether or not to disall.ow said claim or allow the property. (b) Ifa hearing is held. he each claim filed, stating the reasons for his decision. The prepare a finding and decision of the evidence heard by him and the decision shall be a public record. on claim is allowed. than $25.00, by the Council the article until charge, in his descretion on all items of the same at such rate as may be reasonably of the City of Smyrna. and refuse and unless such storage shall be paid. delivery of (d) aggrieved by the Mayor and by filing a notice the City Clerk. Council. decision of the Chief of Police the City of Smyrna within setting forth all the appeal shall be handled as all other his such of the appeals to On the first Monday in ~ay or more in each year hold a public unclaimed articles of held by them for at least five preceding the date headquarters of the Police Department on Bank Street. Smyrna, sold be sold for cash to the highest bidder on an "as is" of any nature. either or implied, either of performance are by the Department of Police or the City of Smyrna. sale referred to circulation in sale date. The read and understood by place of such sale; be made to the by any come into of Police or implied as are sold "as is." of (Continuation of Apri~ 7. 1980 Meeting) f Sale_. The Departm~nt of Police shall_ appoint _ a. licensed auction- its own force or any other individual to conduct the sale under guidance of an employee of the department a~d more tha~ one such person may act at any sale, either alternatelY or at the same time_as the circumstances may dictate and in the d of the emp,loyee of the depar'tment who is in charge of the ,The r or other individual acting shall be the sold arbiter the of a _d sale and he shall not make a until all bidding on e offe ceased; however. there, shall no required number of bids ale article advertised or offered for sale 'may be withdrawn at a to delivery. - - ' It shall be the duty of the auctioneer or public announcement before opening such of Police does not warrant' tit,le to' any article, 'nor is there any other warranty. either expressed or implied. as to any article sold; that all sales are final and all articles are sold "as is." It shall be the duty of such auctioneer or other person in charge to make this announcement at intervals during the progress of the sales. Same - Disposition of Proceeds. It shall be the duty of the Department of Police to make a true accounting to the Finance Department of all the property sold and money collected from the sales conducted as provided herein which money shall be used for city purposes." Elbert Coalson made a motion the ordinance be adopted and designated as Chapter 24, Sections 1 through 8 of the Gode of Ordinances. until codified by the Code Publishers. who have the authority to publish and reassign chapter and section designation upon publication. Jim Hawkins seconded the motion which carried by a 6-0 vote. Jim Tolleson made a motion the minutes of March 3. 1980 be approved as submitted. John Steely seconded the motion which carried by a 6-0 vote. Elbert Coalson made a motion the minutes of March l7. 1980 be approved as submitted. Jim Hawkins seconded the motion which carried by a 5-0 vote. Jack Shinall abstained. There were no commercial building permits to bring before Council. Jack Shinall stated the City had two bank notes due. one for $200.000 and afi~tl~er for $200~000 and made a motion they be renewed for 90 days. Jim Hawkins seconded the motion which carried by a 6-0 vote. (Corrected as amended 5/5/80) Commi tee Reports: (Parks) John Steely announced movies would be shown at City Hall Tuesdays and Thursday afternoons beginning this week. for $1.00 admission. The all-city track ts Saturday at Campbell at 9:00; the Smyrna Open tennis tournament will be Apri 23rd through 26th at King Springs Court; town meeting on developmental plans for North Smyrna Park on April 28th at 7:30 p.m. in the Council chambers. John Steely requested that bids be le-t for one (1) aerator for the bal1fields to be paid from FY80 Revenue Sharing money remaining from the lawn tractor recently purchased. Jim Tolleson seconded the motion which carried by a 6-0 vote. John also announced that Smyrna Brinkley Park and Jonquil Park would have opening day on April 12th. Smyrna Pony at Cobb Park will open April 19th. Smyrna Girl-s Softball will open May 3rd adult softball opens April ~4th. (Civil Defense) operation. Elbert Coalson reported Jim Farley was recovering from his eyc (Water) Jack Shinall reported the water bills had gone out on time this month and he hoped all the problems in that department had been straightened out. The Water Committee has been meeting with several engineers in preliminary interviews on the 201 Study and should have some recommendations for Mayor and Council before too much longer. Jim Hawkins made a motion that "no parking" signs be installed at the end of Love Street Extension. which was requested by the residents of that street. Max Bacon seconded the motion which carried by a 6-0 vote. (Employee Benefits) Gunter Newsom reported that he had received six proposals for the deferred compensation plan and he needed to get with the committee to review each of them. Max Bacon asked if we had made any progress in replacing our (Continuation of April 7, 1980 Meeting) maps. to get a stated we had talked to draftsmen Tolleson Board. Jim poplar Creek on which is sewage out Department occurring frequently. with the 201 are. still Committee meeting tomorrow with the a very serious problem sewage Drive. and the problem seems to be with The Public Works Department has been can be located for Jim requested the entire area because this problem has Shinall stated this was one reason we needed examine the entire sewer and show to begin the study the 75/25 Steely said he had an estimate his" area alone. US of Next Council meeting on April 21st. Meeting adjourned at 8:15 p.m. ************************ The scheduled meeting and Council was held at Hall. Georgia on April 21. 1980. The meeting was called to presiding Frank Johnson at 7:30 o'clock p.m. All Council were present. Also present was City Camp. City Clerk Willouis , Finance Director Gunter Newsom. Fire Don Atkinson. Police Chief R. E. Little. Public Works Jim David. Director of Civil Defense Jim Far.-ley. Assistant Recreation Director Sherry Reavis and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Jim Tolleson made a motion that Captain Jimmie T. Tidwell be appointed for the City Jack Shi.nall seconded the motion which 7-0 vote. Captain was given the Oath by Attor.-ney Charles Camp. (1) Bruce sponsored by Parks and parade permit. seconded the motion of 4316 Fawn Lane stated the Atlanta Track Club. Jonquil , will be held May 24. Coalson made a motion the permit which carried by a 7-0 vote. Jonquil lO.OOO and (2) Reagan Merrill. 3314 Ann Road. read a letter signed by 51 request- ing removal of a vicious dog from the City. belonging to a on Isoline Way. stated the dog had attacked twelve-year old boy. Sam , who is now :Ln Smyrna Hospital with a and severe back injuries. The dog was on a leash and was in the garage the time the boy entered the yard. When he up the driveway the dog dashed out and attacked bim. This the second dog has attacked humans and the citizens are afraid he get out and neighborhood. as . and they fear for the safety of their Attorney Camp dog was in bis yard. on a leash. which is what our ordinance requires. although he was not sure just how you would define a viciou$dog. Mayor Johnson assured the citizens he would do possible to get something done about this dog. President of the Wills High School Band Official Goodwill 3, 1980. Sixty or seventy Mayor and Council to made a motion the City donate John Steely seconded the motion will the finances. the Wills carried After High by a named $650.00 for the trip and Mr. Pressley discussion. Elbert Coalson Band for this trip. vote. Thomas of 3195 his home. He Mayor Johnson Drive complained of a health problem would result the pump at that station was in the the hot and the (Continuation of Apr~l 21. 1980 Meeting) part needed for repa~r had been ordered. It should arr~ve this week, according to Publ~c Works Director J~m David. and the pump w~ll be repaired as soon as poss~ble. In the meantime. the Mayor stated the Fire Department was making every effort to keep the creek flushed. (5) Bill Collins. also of Highland Drive. complained of the same drainage and sewerage problems. (6) Dan Baker of Highland Drive complained of flooding and the sewerage problems. He stated he was starting a "no home sale" drive. and that he would see that no homes were sold on Highland Drive until the flooding was stopped. Mayor Johnson advised Mr. Baker that his home sits on property lower than the creek and there was nothing the City could do. (7) Mrs. Dan Baker stated they bought the house. not knowing about the flooding problem. They could not afford to move. and she thought someone should be able to help. It seems the only solution to this problem is to raise the level of the house. which she said they could not afford to do. (8) George T. Hill of Nichols stored in a neighbor's yard. done to correct this problem. Drive complained of a rat problem caused by trash Jim David is to check this out and see what can be Approval of Contract: A contract between Eugene L. McCord and Associates. Ltd. and the City of Smyrna was presented. Mr. McCord is a consultant familiar with Federal and State agencies and regulations required to secure grants for munici- palities. Jerry Mills made a motion that Council authorize the Mayor to sign the contract, effective March 10, 1980. Jack Shinall seconded the motion. After discussion as per the effective date. the motion and second was withdrawn. Jerry Mills made a motion that Council authorize the Mayor to sign the contract agree- ment between the City of Smyrna. Georgia and Eugene L. McCord and Associates, Ltd. The firm agrees to represent the City of Smyrna on all matters relating to economic development in the congressional and regulatory processes and to respond to any inquiries that the City of Smyrna might have from time to time. In consideration of this service. the City of Smyrna agrees to pay the firm a monthly fee of $3.333.33 on the firs~ day of each month for twelve consecutive months. The fee for the first month is due and payable upon execution of this agreement. This agreement shall commence on May 1. 1980 and may be terminated by either party upon 30 days written notice to the other. Jack Shinall seconded the motion. Jim Hawkins asked Mr. McCord how long he had been in business. Mr. McCord answered his company had been in existence since last July. though he had worked with city and county govern- ments in securing grants for the last seven years. Jim Hawkins asked how many clients he had and how mucb actual money had been procured. Mr. McCord answered several clients and million dollars in contracts or commitments. He stated the City wo actually receive a check. only a contract number. The check would be mailed to the bank and we would draw upon it. In answer to a question by Jim Tolleson as to who would do the paperwork, Mr. McCord answered the paperwork would be done by city employees; he would do the design only. Jim Hawkins asked if any of the projects he had secured had started yet. Yes, said Mr. McCord. Jim Hawkins asked Mr. McCord how he could get these grants and city officials could not. He answered that he was a bureaucrat and knew what was available and who to contact. Jack Shinall stated that Mr. McCord would be employed by the City and ~f he did not produce the contract would be cancelled. John Steely said we needed the grants in order to correct some of our water and sewerage line problems. Elbert Coalson stated that he could not go to Washington and try to get grants. that this was a job for a professional. Jim Hawkins said we had an employee on our payroll now that was qual~fied to secure grants. and he thought ~t was a shame when things had gotten so complicated the local government and local people cannot handle such projects. Mayor Johnson called for a vote. The motion carried by a 5-2 vote. Max Bacon, Jerry M~lls, Jack Shinall. Elbert Coalson and John Steely voted for. J~m Hawkins and Jim Tolleson voted against. Variance request: Frazier Neon Signs, Inc.. requested a variance from the sign ordinance in order to install the regular McDonald's s~gn at their new location at the corner of Spring Road and Hargrove Road. Jim Tolleson made a motion the variance be granted. Max Bacon seconded the motion which carried by a 7-0 vote. Res al Business License re uest: Mike Gloyd requested a residential business cense ln order to operate a typewriter repair shop at l034 Concord Road. Mr. Gloyd was asked if machines would be carr~ed in and out of the house and if he (Continuation of April 2l. 1980 Meeting) wan~ed to p~t ~p a sign. His answer was yes, and he was advised tha~ would be against the ordinance. After it was decided that to have that type of the property would to be rezoned. Jim Hawkins made a motion the request be denied. Jim Tolleson seconded the motion which carried by a 7-0 vote. Annexation: Thomas C. Mozen requested that property located at 338l Lee Street. Land Lot 556, be annexed into the City. Max Bacon made a motion this property. the description read and spread over the minutes of March l7. 1980. be into the City of Smyrna and become a part of Ward 2. Jack Shinall seconded the motion whicb carried by a 6-0 vote. Jim Tolleson was away from the table when the vote was taken. Commercial building permits were presented by Jim Hawkins as follows: (1) Company of Western requested a building permit to construct a moving and storage facility at South Cobb Drive. Plans had been approved by the Inspection Department the Fire Marshal. Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion which carried by a 6-0 vote. Jim Tolleson was away from the table when the vote was taken. Elbert Coalson made a motion Mayor Frank Johnson be Smyrna's voting delegate at the GMA Convention. Jerry Mills seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion Mayor Pro""" tern Elbert Coalson be the alternate delegate. Jack Shinall seconded the motion which carried by a 6-0 vote. Elbert Coalson abstained. Max Bacon he hoped to have a committee meeting on the compensation program before the next council meeting. Max that Sam Barkley is in room 354 at Smyrna Hospital. Max said he complaints abo~t tbe noise from night deliveries at King Springs Center. and asked the police to help stop them. Mayor J'ohnson contact the owners also. Jim Hawkins stated he had a request ;from Jerry D. ''''alters. l169 Drive. side yard variance in to build a room onto his home. He had a letter oining property William F. and Linda Berry, stating they did Jim Hawkins made a motion the variance be granted. Jerry Mills ion. John Steely motioned to amend the motion to state. subject of the Fire Marshal. Elbert Coalson seconded the motion. Vote on the amended motion carried by a 7-0 vote. Vote on the original motion carried by a 7-0 vote. Council of the a Building Inspector. first, pick the at 6:00 Wednesday night to interview appli- Mayor Johnson stated the committee should review top two. and then meet with full Council. Jack Shinall stated they were moving ahead with interviews for for the 201 Study. Also, we are having tractor trailers parking on residential streets and he thinks we should especially watch the load limits. Elbert Coalson stated that on April 12. 1980 a bike was stolen from a resident, to the police. and was recovered by them the next morning. He commended 'the Department for a job well done. The letter of commendation was from Robert Mr. Richard H. Simpson requested a business license to operate a taxi cab company at 1347 Spring Street. Smyrna. Mr. Simpson had been investigated by the Police which found nothing to keep the license from being issued. He was request must be advertised in the newspaper for two weeks. Elbert Coalson made a motion the request be advertised and the public hearing date be set for May 19. 1980. Jerry Mills seconded the motion which carried by a 7-0 vote. made a motion the Smyrna Pony League be granted a facilities permit Cobb Park for a fund raising tournament on Sunday. May l8. 1980 from l:OO p.m. Elbert Coalson seconded the motion which carried by a 6-l vote. voted against. John read a list of the upcoming events sponsored by the Parks and Recreation Depa:r'tment. John Steely read a request for a parade permit from Cobb County Parks and Recrea- The parade is being sponsored by the Rhyne Park Recreation (Continuation of April 21. 1980 Meeting) Committee and will be held on May 3, 1980. The route is from the park to King Springs Road. to South Cobb Drive, Concord Road. Atlanta Road. Highland to South Cobb Drive. to King Springs Road and back to the park. John made a motion the parade permit be granted. Elbert Coalson seconded the motion which carried by a 7-0 vote. John Steely also stated that we try to do everything possible to help the softball and baseball associations and we certainly appreciate alJ. the work they do. but maintenance on the parks is costing the city approximately $1,000 per month. and we must have some type of income from the parks if we hope to survive. Announcements: TI.e GMA District meeting will be held in Cartersville on April 22. 1980. The town meeting to discuss North Smyrna Park will be April 28. 1980 and the next Council meeting on May 5, 1980. Meeting adjourned at 9:40 p.m. FIRE MARSHAL I. do solemnly swear that I will well and truly demean of the City of Smyrna for the ensuing term, and that I 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 FIRE MARSHAL act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 21st day of April. 1980. BUILDING INSPECTOR I. Vernon Daniel Steely, do solemnly swear that I will well and truly demean myself as Building Inspector 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 BUILDING INSPECTOR act as I believe for the best interest of the said City. So help me God. ~a:9~~- Building Inspector eal) Subscribed and sworn to before me this 5th day of May. 1980. CITY MARSHAL I. Vernon Daniel Steely. do solemnly swear that I will well and truly demean myself as City 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 CITY MARSHAL 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 May. 1980.