June 2/16, 1980 Council Meeting
The regu:lar scheduled meeting or Mayor and Council was held pursuant to the Charter
on June 2. 1980, City Hall. Smyrna, Georgia. The meeting was called to order by
presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members
were present. Also present was City Attorney Charles Camp, City Clerk Wi110uise
Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don
Atkinson. Public Works Director James E. David. Civil Defense Director Jim Farley,
Inspector Danny Steely. Parks and Recreation Director Bill Johnston and
representatives or the press.
Invocation was given by John Steely, To1lowed by the pledge to the flag.
Shirley Davis oT Ventura Place complained of the noise and lights
's Wrecker Service. Ms. Davis reported the street was almost
blocked this past weekend by parked diesels and wreckers on Ventura Place. She asked
ir it was legal for them to be parked on the street. She stated the large motors
were cranked at all times during the night and day and it was impossible to sleep.
Mrs. Mildred McGinnis or 2500 Ventura stated the wreckers were tearing up the street,
the wreckers looked terrible and the noise went on all night. Mr. Ed Wilder of
Ventura Place had the same complaints. Elbert Coalson told the residents a meeting
would be set up between Billy Howard. the residents and the Police Department. and
hopefully this problem could be worked out.
Bids ror one (1) lawn tractor for the Parks Department were opened.
are recorded as follows:
Village Lawn & Garden
11200 Alpharetta Highway
Roswell. Ga. 30076
John Deer Model 317, 2 cycle engine.
17 HP Kohler 48" mower deck included, 30 days
$3,029.20
John Deer Model 314. 1 cycle engine.
14 HP Kohler. 48" mower deck included. 30 days
2,681.25
Lawn & Turr, Inc.
Box 480
Conyers. Ga. 30207
No Bid
W. C. Barnes
928 Bankhead Hwy.
Mableton, Ga. 30059
International-Harvester, Cub-Cadet
Model 1450, 14 HP wi th 38" mower
2,475.00
International-Harvester
Same as above except with 44" mower
2,550.00
International-Harvester, Cub-Cadet
Model 1650, 16HP with 38" mower
2,625.00
Same as above except with 44" mower
2,695.00
John Steely made a motion the bids be turned over to connnittee with authority to
act. Elbert Coalson seconded the motion which carried by a 6-1 vote. Jim Hawkins
voted against.
Bids for one (1) athletic field aerator ror the Parks Department were opened, read
and are recorded as follows:
Blalock 11achinery & Equipment
Peachtree Mower Company
Wislar & Co.
Stovall & Company
Lawn & Turf, Inc.
Zaun Equipment, Inc.
No bid
No bid
Ryan Tracaire Model 544423
Hahn Aerator Model TM-140
Jacobsen Model 595
Ryan Model 544423A
$1,699.00
1,562.00
1,543.00
1,835.00
Jack Shinall made a motion the bids be turned over to the Parks and Recreation
Committee with authority to accept the low bid. Max Bacon seconded the motion
which carried by a 7-0 vote.
Commercial building permits were submitted by Building Inspector Danny Steely and
upon his recommendation the rollowing action is recorded:
(1)
offi
and
John
Smyrna Cable TV requested a permit to erect a 2.000 square foot warehouse and
ing on Anderson Circle. Plans had been approved by the Fire Marshal
ions Department. Jack Shinall made a motion the permit be approved.
Steely seconded the motion which carried by a 7-0 vote.
(Continuation of June 2, 1980 Meeting)
(2) Smyrna
CabLe TV requested a to renovate the building located at 2995
to be used as space. Plans had been approved by the Fire
the Inspections Department. Jerry Mills made a motion the permit be
Elbert Coalson seconded the motion which carried by a 7-0 vote.
approved.
(3) W. Adrian Leavell Contractors requested a permit to do general and bathroom
repairs Hospital, Atlanta Road. Inspector SteeLY stated had not
been but he had allowed them to start work, pending receipt of plans.
Jim Hawkins made a motion the permit be approved, stmject to receipt of plans.
Jerry Mills seconded the motion which carried by a 7-0 vote.
Jack Shinall read the following amendment:
That section 21-9 of the Code of Ordinances of the City of Smyrna, Georgi.a, be
amended so that such section shall read as follows:
"It shall. be unlawful for any truck, bus or other vehicl.e weighing over ten
thousand (:1.0,000) pounds, either loaded or unloaded, to travel over or upon
any of the public streets of the City, except the following streets, which are
hereby designated as direct routes for the use of such vehicles in passing through
the City: Cherokee Road. Concord Road. Roswell Road, Spring Street, Spring Road,
Hawthorne Street, Mathews Street, Pat Mell Road, Atlanta Road and South Cobb
Drive, unless such direct route street or any portion thereof shall have been
posted prohibiting the use based upon the weight limits described herein. Emer-
gency vehicles and school buses are excepted from the provisions of this section."
Jack asked each Councilman to study this amendment, and it will appear on the
agenda for the next meeting as a request for vote and approval.
Jim Tolleson made a motion the minutes of May 5, 1980 be approved as submitted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Elbert made a motion the minutes of May 19, 1980 be approved as submitted.
John seconded the motion. Mayor Frank Johnson asked Council to amend the
motion approval by amending his statement with reference to the Marietta Fire
Department, and quoting him verbatim, as per the tape of the meeting of May 19,
1980, as follows:
(Mayor Johnson) "One thing that has happened with the City of Marietta is that
they have so gerrymandered by running down these highways to annex, that they
are not capable of providing adequate fire service so they have gotten the county
to take care of their fringe That is not true with us here in our city.
We give excellent fire protection for those who are in our city and pay city taxes
for that fire protection."
Jerry Mills made a motion that the minutes be amended as requestedc Jack Shinall
seconded the motion. Jim Tolleson said he would abstain; he wanted to hear the
tape berore he voted. Vote on the amended motion carried. Max Bacon. Jerry
Mills, Jack Shinall, Elbert Coalson and John Steely voted for. Jim Hawkins and
Jim abstained. Vote on the original motion carried by a 6-1. vote. Max
Bacon, Mills. Jack Shinall, Elbert Coalson, Jim Hawkins and John Steely
voted for. Jim Tolleson abstained.
Committee Reports:. Jim Tolleson said he wanted to apologize to Eddie Bessette and
his crew. Jim said he did not feel his being reassigned as the Chairman of the
Sanitation Department was a demotion. The Sanitation Department is a vital part
of the City operations and he feels we are going to do better than we have ever
done before, and he appreciated the opportunity to serve in that Max
has a couple of good ideas going and the new trash pickup schedule started today.
If a citizen has something over the 70 pound .limit, he asked they call Eddie and
arrangements will be made for it to be picked up.
Max Bacon stated the Employee Benefit Committee has met on several
tried to decide which deferred cOmpensation program to take.
make a recommendation at the next council meeting.
and
we can
Max Bacon advised the Fire
from Revenue Sharing to
of and 2:',z" hoses.
we are in the
was in dire need of new hoses.
booster hoses. Due to
and Chief Atkinson have
securing them, without bids.
$4,000 was
need
several
(Continuation of June 2. 1980 Meeting)
Jerry Mills stated he had a letter from the Department of Transportation with
reference to the school crossing at Argyle and Birch Streets. The State's
recommendation was that at Spring Street and Park Drive the following be done:
(1) all cross-walks and stop bars be repainted before the next scbool year begins.
(2) new cross-walks and stop bars should be added at Farmstead Road. Park Circle
and Woodland Drive, (3) the school sign beacon on the west should read 25 m.p.h.
instead of 35 m.p.h. to agree with the sign on the east end, (4) the school sign
and beacon on the west end should be placed overbead or the bushes should be trimmed
in order to be able to see the sign well in advance, and (5) to comply with the
Georgia law. a "reduced - school ahead" sign be placed in advance of the
school limit sign and beacon. Their opinion is the school is well protected with
traffic lights and school crossing guards. At Birch Street they recommended the
following: (1) repaint cross-walks and stop bars at all intersections near the
school. (2) on the east end of Powder Springs Street an overhead school advance
sign and/or beacon be installed due to the alignment or Powder Springs Street, as
a shoulder mounted sign could not be seen ror a safe distance, and (3) school
crossing signs should be used at all school crosswalks along with the schools advance
signs. All signs to be placed in accordance with the manual of uniform traffic
control devices. Jerry stated the painting or the crosswalks and bars or the
placing or signs or beacons is the responsibility or the City. when tbe school is
located within the city limits.
Jerry Mills stated the Mayor had signed the contract with the Department of Trans-
portation ror the paving of nine streets and the work should be done before the
end or summer.
Jerry said
on their
He asked
that meets
the Finance Committee had been meeting with various department heads
The Mayor will announce the time of meeting with full Council.
committee chairman to ask their department heads to submit a budget
the budget figure given out.
Jim Hawkins stated that over the past several years there had been a problem with
the increased rlow or trafric on McCauley. also with vehicles traveling at a high
rate of speed. The posted speed is now 35 m.p.h. Some concerned citizens. some
or whom are present tonight, requested a stop sign be installed at the corner of
Valley Drive and McCauley Road. This would be about midway between Concord and
South Cobb. Jim said there were no s:tdewalks or curbs on McCauley and he thought
a stop sign would help to slaw down the trarric. Jim made a motion a stop sign
be installed at the corner of McCauley and Valley Drive, stopping traffic both
ways on McCauley. A letter from Jim David was read, stating a stop sign would
slow the traffic on McCauley. Chief Little stated a stop sign would definitely
slow trafric. The motion was seconded by Jim Tolleson. John Steely stated he
did not think the use or stop signs to slow traffic was the solution. Jack Shinall
asked how far this stop sign would be from the one at Oakdale. The answer was
three blocks. A resident said their main problem was entering Concord Road due
to the one entrance from the day care center. The other problem is speeding on
McCauley. After further discussion. Jerry Mills made a motion to table until
further study can be made on the drive situation at the day care center. Jim
Hawkins said be agreed the day care center is a problem but we still need a stop
sign on McCauley. John Steely seconded the motion to table, which carried by a
4-3 vote. Max Bacon. Jerry Mills, Jack Shinall aud John Steely voted Tor. Jim
Tolleson. Jim Hawkins and Elbert Coalson voted against.
Jim Hawkins stated the Inspections Committee had met and recommended the following
ordinance changes:
That
of the Code of Ordinances, City of Smyrna. Georgia, is hereby
the last two sentences therefrom and adding in their place
the following:
"Fees for temporary signs shall be twenty-five ($25.00) dolJ~ars for each electrical
or non-electrical signs. Permits shall be limited to a ninety (90) day period
rrom date of permit. and shall be renewable only after the lapse of 180 days from
date or the last grant of the permit. and after payment of all fees and application
requirements required hereunder as for a new temporary permit."
That
of the Code or Ordinances, City of Smyrna. Georgia, is hereby
the following after the last sentence thereunder:
"All variance applications under this chapter (building and construction) shall
be accompanied by a twenty-five ($25.00) dollar fee for the administrative costs
thereof. and shall meet all requirements of notice of place and time of hearing
as required under the~ existing zoning ordinances except no newspaper advertisement
shall be required."
(Continuation of June 2, 1980 Meeting)
of the Code of
the notice
days so that the
Ord~nances. City of Smyrna.
to the sign ordinances
sentence thereof shall read
as
30)
follows:
shall
, erected or
notice to the owner
their remedy within five
any sign is unsafe or insecure or
in violation of this article, he
of record specifying particular violations
(5) days."
Councilmen to study these changes and they would be on the next
approval.
his attention by Jerry Mills. Chairman
of garage work was being sent outside
or the Garage Committee, the infor-
will be issuing a statement tOmorrow that
of this city will be done in our own
Jim David or the committee. Jerry said
on the Chrys1ers. Jim David said our tune-
Chrys1ers, since this product is computerized
require a special machine.
was very to announce that a Smyrna
Friday which he was one of the
Rebecca Lane won the title and will represent
County Beauty Pageant.
the Miss
Miss
Smyrna as Miss
night
generator and
advised that our
power went off.
the charge was $236.
generator railed to come
found there was a stuck
last Friday
in th e
that
contract.
Sharing.
, in lieu of
purchased under
carried by a 7-0 vote.
asked to buy four (4) walkie
be Motorolas and have b to
Committee recommended we through the
bids. Elbert Coalson made a motion four (4)
State contract. Jack Shina]_l the
asked Bill Johnston
be for the
at the Church Street
Thursdays. from 5
report. Bill said for summer
weeks. The annual swim registration will
~ool. evening registration will be open the next
until 7:00 p.m. All three pools will be
read
in Smyrna and encouraged all
the month of June as Recreation and
citizens to participate i.n the programs.
Mr.
that
announced that
several other
is one of the
everyone remember him in
Halpern. owner of Belmont Hills
Smyrna. is seriously ill in
of the City and Mayor
Shopping
Bahamas.
asked
their prayers.
Mayor Johnson advised that our City Attorney, Charles E. Camp. has been appointed
by Bar of Georgia to servec,onthe.h Des.ignationc Plan' -
Agencies and Governmental Law Advisory Committee. The other four are:
Chairperson Carl E. Sanders, Norman S. Fletcher of Lafayette. Buckner F. Melton
of Robert H. Smalley, Jr. of Griffin. This is a great honor and Mayor
Johnson Attorney Camp for his know]_edge of governmental law.
tape was
asked that a portiOn
be played
and the Fire
played.
or the tape of the May 19, 1980 meeting of
a statement made by him regarding Marietta
, just for the record. This portion of the
Meeting adjourned at 8:57 p.m.
The scheduled meeting of Mayor and Council was held on June 16, 1980 at the
City . Smyrna, Georgia. The meeting was called to order by presiding officer
Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also
present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director
Gunter Newsom, Police Chief R. E. Little. Fire O.ief Don Atkinson, Parks and Recrea-
tion Director Bill Johnston, Civil Defense Director Jim Farley, Building Inspector
Dan Steely. Superintendent of Water Department Larry Dunn and representatives of the
press.
Dean Byers, President or Smyrna Pony League stated they would be
II Tournament and asked that Sanford Place be made one way
until after the tournament. Jack Shinall made a motion Sanford Place be made one
way. south to north, effective June 17 to July 30. 1980. John Steely seconded the
motion which carried by a 7-0 vote. Mr. Byers also asked that Sanford Place be
blocked ofr during the tournament and they be given approval to ask for donations
to help defray the cost of hosting the tournament. John Steely made a motion that
Sanford Place be blocked off during the tournament and the league be allowed to
ask for donations. Jerry Mills seconded the motion which carried by a 7-0 vote.
Shirley Davis or 2491 Ventura Place stated she appreciated the meeting that was
set up to discuss Billy Howard Wrecker Service. but she did not think anything was
accomplished. She said workers from the wrecker service were talking loud at night
and were rowdy. She said it did no good when they called the police because the
wrecker service would hear the call and be gone when the police got there. Mayor
Johnson advised Mrs. Davis this was a civil case and there was not much we could
do. Ms. Sara Cordle of Powder Springs Street said she had to move from Ventura
Place because her mother was ill and could not stand the noise. Jim Tolleson
suggested we give Billy Howard two weeks to get things straightened out, or show
cause.
Jack Shinall re-read an amendment to the Code of Ordinances.
Pound Vehicles as recorded in the minutes of June 2,
1980, and made a motion the amendment be approved. Jerry Mills seconded the motion.
Arter discussion a motion was made by Elbert Coalson. seconded by Jim Tolleson to
table ror further study. Vote on the motion to table carried by a 6-1 vote. Jim
Tolleson, Max Bacon, Jerry Mills, Jim Hawkins, Elbert Coalson and John Steely voted
for. Jack Shinall voted against the motion.
Jim Hawkins re-read amendments to the Code of Ordinances as recorded in the minutes
of June 2. 1980 and made a motion the amendments be approved as follows:
That
or the Code of Ordinances. City of Smyrna. Georgia, is hereby
the last two sentences therefrom and adding in their place the
following:
"Fees ror temporary signs shall be twenty-five ($25.00) dollars ror each electrical
or non-electrical sign. Permits shall be limited to a ninety (90) day period from
date of permit, and shall be renewable only after the lapse of 180 days from date
of the last grant of the permit. and after payment of all fees and application
requirements required hereunder as for a new temporary permit." (effective 6/17/80)
Jim Tolleson seconded the motion to approve the amendment which carried by a 7-0
vote.
That
the Code of Ordinances, City of Smyrna, Georgia, is hereby
rollowing after the last sentence thereunder:
"All variance applications under this chapter shall be accompanied by a twenty-five
($25.00) dollar fee for the administrative costs thereof, and shall meet all
requirements of notice of place and time of hearing as required under the existing
zoning ordinances except no newspaper advertisement shall be required." (effective
6/17 J 80)
Max Bacon seconded the motion to approve the amendment. Following discussion Jim
Hawkins made a motion the original motion be amended to add" (Building & Construction)"
in the first sentence to read as follows: "All variance applications under this
chapter (Building & Construction)..." Max Bacon seconded the amendment which carried
by a 7-0 vote. Vote on the main motion carried by a 7-0 vote.
That Section
amended by
days to fi e
06 or the Code of Ordinances, City of Smyrna, Georgia, is hereby
ing the notice requirement to the sign ordinances from thirty (30)
(5) days so that the first sentence thereof shall read as follows:
(Continuation of June 16, 1980
"If the
been
give
inspector shall
erected or
notice to the owner of
remedy within five
that any sign is unsafe or insecure or has
in violation of this article. he shall
record specifying particular violations and
(5) days." (effective 6/17/80)
Jerry Mills seconded the motion to approve the amendment which carried by a 7-0
vote.
The Crown Shop at Cobb Center Mall requested a
building, at an estimated of $7,000.
Inspector and Fire Marshal, and Inspector
recommended the permit be approved. ,Jack Shinall made a motion the
be approved, seconded by Jim Hawkins. Vote on the motion carried by a 7-0
Jerry Mills made a motion that for $200,000 each be renewed for 60 days.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Jerry
60 days.
made a motion that the City borrow $250,000 in tax anticipation for
Jim Hawkins seconded the motion which carried by a 7-0 vote.
King Springs Baptist Church requested annexation of property located
481, 527 and 528. The application was read as follows:
undersigned, who constitute sixty percent (60%) of the owners or the land
acreage of the area described below, which is unincorporated and contiguous
of Smyrna, hereby apply to have said area annexed into the City of
the provisions of the Code of Georgia Annotated. Sections 69-904 through
69-912 (Georgia Laws. Acts 1966, Pages 409. 410, 411, 412, 413; .1971, 399; 1976,
Pages 1011, 1012; said property to be annexed being described as follows, to wit:
"We the
area
to
All or parcel of land. lying and being in Land Lot 481, 527 and 528 of
the 17th District. 2nd Section, Cobb County, Georgia. and being 6.07 acres as per
plat of survey for King Spring Baptist Church by Delta Engineers & Surveyors,
Inc., dated July 26, 1973, as appears of record in Plat Book 60, Page 49, Records
of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the southwesterly side of King Spring Road at its inter-
the south line of Land Lot 527; running thence south 88 degrees
50 minutes 30 seconds west along said land lot line 532.4 feet to a point and iron
pin; running thence south 17 degrees 54 minutes 30 seconds west 73.6 feet to a
point and iron situated on the east line of Land Lot 481; running thence south
02 degrees.10 20 seconds west along said land lot line 154.8 feet to an
iron pin situated on the northeasterly side of South Cobb Drive; running thence
north 41 degrees 07 minutes 20 seconds west along the northeasterly side of South
Cobb Drive 293.2 feet to an iron pin situated on the north line of Land Lot 481;
thence north 89 degrees 00 minutes east 201.4 feet to an iron pin situated
at the common corner of Land Lots 481, 482, 527 and 528; running thence north 01
degrees.53 minutes 50 seconds west: the west line of Land Lot 527 a distance
of 510.4.feet to an iron pin and property now or formerly owned by Buster Elliott;
running thence north 88 degrees 08 minutes east 385.8 feet to an iron pin situated
on the southwesterly side of King Spring Road; running thence southeasterly along
the southwesterly side of King Spring Road and following the curvature thereof
543.4 feet to an iron pin situated on the south line of Land Lot 527 and the point
of BEGINNING.
WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or
his representative. of 60% of the land area above described by acreage:
s/WILLIAM H. BLACK, CHAIRMAN OF TRUSTEES"
motion the signatures be validated and the public hearing set
Jack Shinall seconded the motion which carried by a 7-0 vote.
(Parks)
Center was
held at King Springs Park from 1:00 to
televised tomorrow by Smyrna Cable TV.
reported the expected date of
1980; Fourth of July festivities will be
9:30 p.m.; the first swim meet will be
John
and
New
at King
the pool hours
be from 1:00 to 6:
the committee would be
Pool and Church Street up this year
extended two hours each day. basis.
p.m. and if we find we are losing money by
authorized to change the hours back to the
(Continuation of June 16, 1980 Meeting)
Jack ShinaJ.l seconded the motion which carried by a 7-0 vote.
original schedule.
John Steely made a motion the Mayor be authorized to
for the Senior Citizens Center. totaling $1,501.81.
motion which carried by a 7-0 vote.
approve several change orders
Jack ShinalJ. seconded the
John Steely presented a revised schedule for work to be done on the proposed
North Smyrna Park and asked all council to study it and give it their full con-
sideration. as it would be brought up ror approval at the next regular meeting.
Jerry Mills stated at this time he did not want to commit the City to more expenses
for parks. John said the different athletic associations would actually build the
fields and maintain them under this plan. Bill Johnston also stated that the plans
presented were almost non-existent to any cost. The county has committed to do
some or the road and surveying, and the soccer association has agreed to do some
of the rencing. approximately two-thirds.
John reported the Parks and Recreation Department was sponsoring a father/son and
mother/daughter tennis tournament on July 4th at King Springs Park. Entry fee is
$2.00 per person and deadline for entry is June 27th.
(Police) Elbert Coalson read a letter from Reba Gilbreath thanking the Police
Department for their assistance in the recent bus rodeo.
Jim Hawkins stated at the last council meeting he made a request for a stop sign
at McCauley Road and the request was tabled. Jim made a motion this request be
brought off table for further discussion. Jim Tolleson seconded the motion. Jerry
Mills stated Jim David was not present tonight and he had not received a report from
him concerning the need ror the sign. John Steely said he was still opposed to
the use of a stop sign to slow traffic. Vote on the motion to bring off table
carried by a 4-3 vote. Jim Tolleson, Max Bacon, Jim Hawkins and Elbert Coalson
voted for. Jerry Mills, John Steely and Jack Shinall voted against the motion.
Following further discussion, Jack Shinall made a motion the request be tabled
until Jim David could complete his study and make a recommendation. Jerry Mills
seconded the motion which lost by a 4-3 vote. John Steely, Jack Shinall and Jerry
Mills voted for the motion. Jim Tolleson, Jim Hawkins, Elbert Coalson and Max
Bacon voted against. Vote on the original motion to approve the stop sign carried
by a 4-3 vote. Elbert Coalson, Jim Tolleson, Max Bacon and Jim Hawkins voted for
the motion. Jerry Mills, John Steely and Jack Shinall voted against.
Max Bacon read a proposed new ordinance pertaining to vicious animals and stated
he would ask for a vote on the ordinance at the next council meeting.
Jim Tolleson stated Woodruff Drive was in the process of being paved and thanked
the county for this work.
Mayor Johnson appointed Jerry Mills, Max Bacon and Jack Shinall to serve on the
Annexation Committee with John Steely. Mayor Johnson asked all council members
to attend an informal finance meeting next Thursday. The Jonquil Breakfast will
be at Fair's Restaurant next Wednesday and the next council meeting on July 7th.
Meeting adjourned at 8:53 p.m.
J!~ m AI~
~AMES M. HAWKINS, WARD 4