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March 8/15, 1982 Council Meeting March 8, 1982 The r ar scheduled meeting of Mayor and Council was held pursuant to the Charter on M 8, 1982. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present except Jack Shinall, who was ill. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Poli~e Chief R. E. little, Acting Fire Chief Hubert Cochran, Parks and Recreation DIrector Sherry Reavis, Public Works Director Jim David, Civil Defense Director Jim Farley, Building Inspector Dan Steely and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Mayor Bacon stated that item 6 on the agenda, a rezoning request by Virginia Garvin, Jim Perry and Al Cerqueda at 2390 Beaver Creek Road from R-15 to limited Commercial ~ad been withdrawn; a rezoning request by E. C. long for property on Spring Road In land lot 594, from R-15 to General Commercial had been withdrawn, and also a variance request by E. C. long at the same location. Item 18 on the agenda, discussion on surplusing of lake Court Park property would be moved up on the agenda. Citizen Reports: (I) A citizen thanked Mayor Bacon for his help in handling a complaint about a dog which had bitten his son. Police reports were made on several incidents concerning this dangerous dog, but it took a call to the Mayor's office to have any action taken. Mayor Bacon thanked him and said there was some misunder- standing about the incident, but assured him that if it should happen again, proper action would be taken immediately. (2) A representative of the Jonquil City Kiwanis and Don Yow presented a plaque to Wendell Dean, Manager of Smyrna Cable TV for his help in sponsoring the annual telethon benefiting the Calvary Children's Home and for his service to the community. rt Park: There were quite a few residents of the lake Court Park area nt, opposed to surplusing the park property. Mr. Tom Mathis, a resident of e Drive stated this park served as a natural buffer for the homes on Lake Drive as Council's consideration in leaving it as is, with some improvements made. Do oss of 821 lake Court also stated his opposition to the sale of the park, said it was used quite frequently by children in the neighborhood. Max Bacon said this was discussed briefly at the last meeting, and placed on the agenda again tonight to get some input from the citizens. The Parks and Recreation Commission had recommended the park be surplused due to the high vandalism rate, poor condition of the tennis courts and low rate of participation. Sarah Jones said since this subject was discussed originally she had been contacted by quite a few people, and realized the park is being utilized by quite a number of families who have no need of the ball parks or swimming pools at the larger parks. Jim Tolleson said the City is in danger is losing the 77 acres donated by the Federal Government for parks if a road is not built and the property fenced, within the very future. These funds are not available nor budgeted and this is one of the for surplusing lake Court Park. The 77 acres would not be developed anytime thin the near future, but if we are to maintain the land these two items need to be taken care of. After further discussion, Max Bacon assured everyone that a vote would not be called for tonight and they would meet again with the Parks Commission to see if another alternative could be reached. Mayor Bacon suggested that Mr. Gross and another representative from that area also be present at the Commission meeting on March 23rd. Amendments to Alcoholic Beverage Ordinance: Sarah Jones made a motion that Section 3-26, sub-paragraph (8) be deleted in its entirety and replaced with the following: That no license shall be issued hereunder for the sale of malt or vinous beverages, where the place of business of the applicant is located within a distance of three hundred (300) feet from any church, school, publ ic park or library. Measurements in lineal feet shall be made from the center of any door of customer entry of the proposed premises of 1 icensee to the t property line. A map showing distances and locations must be furnished egistered surveyor or engineer. The provisions of this section shall y for t school building or any portion of the lot as herein desc ated within the city. The schools or colleges referred to herein shall include such state, county, city, church or other schools as teach the subjects ly taught in the common schools and colleges of this state, and shal t include private schools and colleges wherein March 8, 1982 - Continued only specialized subjects such as law, stenography, business, music, art, medicine, try, vocation, occupation and other special subjec;ts are ta\..lght. Provided however, in no event shall the bui Iding containing such establishment be located closer than two hundred (200) feet from the property 1 ine of any church, as measuret:! by any means of measurement. If the owners of any church, so affected agree in writing to a waiver of the two hundred (200) foot requirement, said waiver may be considered by the governing body in acting upon said application, and a variance to the distance require- ment may be made. Following a question from Jim Hawkins, Attorney Camp said that legally, a letter such as this could not bind council in granting such a request. Also, the grant one waiver would not set a precedent because these are privilege licenses each one is considered individually when brought before council. Jim Tolleson seconded the motion to approve the amendment, which carried by a 6-0 vote. Sarah Jones made a motion that Section 3-21 of the Code of Ordinances be deleted in its entirety and replaced with the following: No se for the sale of spirituous liquors shall be granted to any applicant who is not a citizen of the United States and who h not resided continuously within this county for the six (6) month period next preceding the year for which application is made. Where the applicant is a corporation whose primary business is the operation of a liquor store or a business which sells spirituous liquor by the drink, an officer or other agent for service of $uc;h corporation must meet the within resident requirements and the license shall be issued to the corporation and an officer or other agent rvice of such corporation. Where the applicant is a corporation whose business is other than the operation of a liquor store or a business spirituous liquor is sold by the drink, the license shall be issued corporation and an officer or agent of such corporation meets the requirements. If the applicant is a partnership, the same requirements ining to corporation shall apply to all partnerships. Where the applicant is a corporation whose primary business is the operation of a hotel, motel or motor inn having fifty (SO) or more guest rooms, the officer or agent s\..lch corporation shall have been a resident of the s,tate for the six (6) month period next preceding the year for which application is made. All stockholders therein shall meet all other requirements. (Ord. of 9-18-72, Sec. 19-2011; Ord. of 9-18-72, Sec. 20-2010) the motIon; lowing a qLlestici>n from climHawkins, Chief resi rement would make it difficwlt for his their investigation. Jim Hawkins amended the motion to dency requirement for the c;ounty and state be changed to Max Bacon seconded the amendment. Vote on the amendment carried 4-2, James Williams and Elbert Coalson opposed. Vote on the main motion c;arried made a motion that Section 3-26, sub-paragraph (12) be deleted in its and replaced with the following: ThClt applicant does not reside within the limits of Cobb County or in the event applicant is a corporation that the officer or agent for service applying shall reside not within Cobb County. Jim Hawkins seconded the motion which carried by a 6-0 vote. motion that Section 3-50 of the Code of Ordinances, title and and (b) be deleted in their entirety and replaced with the limitation on number of package spirituous liquor licenses.; No appl Jcation for a ill icense to sell package spi rit\..l9Us liquors retail shall be granted where the person applying for s I icense and members of such person's immediate family already hold two (2) interests a license to sell spirituous liquor at retail anywhere. 1 ications for I icense, both original and renewal, must be by a full lete statement under oath of ihformation ve to any and all i rest, as hereinabove defined in sub-paragraph (a), in retai 1 I iquor stores. This shall include the names and addresses of all persons interested in the ownership of the business of sell ing at March 8, 1982 - Continued retail package spirituous liquor, together with any interest each person or any member of his immediate family has in any other business to sell spirituous liquor; the ownership of the land and building where such business is conducted and the manner in which the same is determined and to whom and at what intervals compensation is paid, the names and addresses (by affidavit from the owner, lessor sublessor of such land and building) of all persons having any whole, partial, beneficial or other interest in and to the land and building on and in which said business to sell spirituous liquor is located; and any other information called for by the governing body. Jim Tolleson seconded the motion to approve the amendment, which carried 6-0. Sarah Jones made a motion that Section 3-56 of the Code of Ordinances be amended by adding sub-paragraph (f) as follows: In the event the license holder is an officer or other registered agent for service of a corporation, upon certification by the secretary of the corporation that such officer or registered agent is no longer employed by the corporation or otherwise ineligible to hold said license, such license shall be transferrable to such officer or other registered agent of the corporation who makes application and otherwise qual ifies under this Code. During the period of notice to the city and before such appli- cation is approved, the president of the corporation shall be deemed to be the temporary license holder and service may be made upon him for any cause by notice to the agent in charge of the premises. Notwithstanding anything else contained herein, it shall be the duty of the corporation to immediately notify the city of the disqualification of the license holder and apply for transfer of said transfer which shall take place within sixty (60) days from date of notice. Jim Hawkins seconded the motion which carried by a 6-0 vote. Attorney Camp said he had anpther recommendation that had just occurred to him relative to what Chief Li~le had said about corporations being ou~ of state, and there was always some concern on the part of out of state corporations having an agent hold a license of this nature. This could be solved by adding a sub-paragraph (15) to Section 3-26 which would read that any corporate applicant who is not registered or domesticated with the corporations commissioner, office of the Secretary of State of Georgia, would then require the corporation itself to be registered with the Secr~tary of State's office. This way, you would have a record of corporation even if it were a large stock company. Mrs. Jones sa,j'd this would be brought up at the next meeting for approval. Rezoning: Joe and Maria Boling requested rezoning of property at 1099 Concord Road from R-15 to limited Commercial. Mr. Boling said his construction company and a real estate office would be located there. The building will be completely renovated with cedar siding on the outside. Mr. Boling said there would not be any trucks or heavy equipment parked there. There was no opposition and Jim Hawkins made a motion the zoning be approved. Max Bacon seconded the motion which carried by a 6-0 vote. Rezoning: Ronald C. Finch requested rezoning of property at 947 Concord Road from R-15 to Limited Commercial. Darlene Devicino represented Mr. Finch and said she planned to have a travel agency at the location. Mrs. Devicino said the building would be renovated with cedar siding, and would also have adequate paved parking. Jim Hawkins made a motion the zoning be approved. Sarah Jones seconded the motion which carried by a 6-0 vote. Commercial building permits: W. S. Caswell requested a building permit for construction of a 5,000 square foot restaurant on property across from Pat Mell Shopping Center, at a total estimated cost of $100,000. Inspector Dan Steely recommended the permit be approved, subject to the City Engineer's approval of the site plan and approval of the Fire Marshal. Elbert Coalson made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. icense: Big Star #5789 located at 2784 Hargrove Road requested a malt and wine package license, the applicant being Mr. Steve Odom. This request was tabled at the February 15, 1982 meeting. Sarah Jones said the store did not meet the distance requirement from Bethel Baptist Church but a letter had been received from the church stating they had no objections to issuance of the license. There was no opposition, and Sarah Jones made a motion the license be granted, seconded by Jim Tolleson. Attorney Camp said that, question #6 on the application, name of the business manager, had not been answered. Mr. Odom said Continued - March 8, 1982 the managli?r would be P. D. Shierling, and at the time application waS made they did not know who the manager would be. Vote on the motion to approve the license carried 6-0. Pouring License: Mr. James E. Burnham requested a malt beverage, wine and liquor pouring I icense for Barfield's, 2361 South Cobb Drive. This request waS also tabled at the February 15, 1982 meeting. Sarah Jones asked Mr. Burnham if any of the previous owners would be irlVo]ved, since he had originally appl ied for a transfer. Mr. Burnham said he applied for a transfer since the location was already licensed, but the license has since expired and this would be a new application. Mr. Coalson said again that he would have to vote against the license due to problems created by the other owners. .here was no opposition and Sarah Jones made a motion the license be approved, seconded by Max Bacon. Vote on the motion tied 3-3, with Sarah Jones, Jim Tolleson and Max Bacon voting for; James Williams, Jim Hawkins and Elbert Coalson opposed. Mayor Bacon voted in the affirmative to break the tie and grant issuance of the license. Transfer of Package license: Red Dot Package Store, 3809 South Cobb Drive requested a transfer of the liquor, malt beverage and wine package license, the applicant being Judith Anita Phillips. There was no opposition and Sarah Jones made a motion the tra~sfer be approved. Max Bacon seconded the motion which carried 6-0. Bid opening: were opened, Bids for the replacement of the filtering system at Jonquil Pool read and recorded as follows: Bid #1 _..- Bid #2 Bid #3 Irwin & Mahaffey Const. Co. P. O. Box 467 Watkinsville, Ga. $10,800 $11,000 $ 600 Poolman So. Cobb Drive Smyrna, Ga. $12,150 $13,850 $1,450 Aqua-Rama 56SPowde r Springs St. Marietta, Ga. $10,960 $13,000 $1,100 Max Bacon made a motion the bids be ed over to committee, with their recommen- dation back to full council at the next meeting. Jim Hawkins seconded the motion which carried by a 6-0 vote. Jim Hawkins said due to the large developments l.lndli?rway in the Boulevard, the City feels an obI igation to contin9li? Pasadena to and made a motion that we advertise for bids for construction of evard, to be opened the first meeting in Apri 1. Theadvertisement that specifications purchased from the City Engineer's office, will reserve the ri to accept or reject any or all bids. Elbert the motion which carried by a 6-0 vote. made a motion that bids be accepted for installation of a 12" water Boulevard to be op~ned at the April 5th meeting. James Williams motion which carried 6-0. Elbert son made a motion that expenses for installation of a largli? water meter on Smyrna Roswell Road be approved, approximately $23,000, to be paid from E&C Fund. Jim Tolleson seconded the motion which carried 5-1, with Max Bacon opposed. as the last meeting, a proposed ordinance for t lation of read into the minutes and made a motion that it approved Hawkins seconded the motion which carried by a 6-0 vote. said we have had serious problems with the lift stations Acres Drive and would like to have Mallett & quickly as possible so this situation can be an engineering StUdy be performed on these two to be converted to gravity flow,with the study presented can be requested. Sarah Jones seconded the motion which on Wi II owb rook complete Jim Tolleson stations, so that bids a 6-0 vote. lson made a ion Jim Hawkins seconded of February I, 1982 be Clpproved as sub- which carried by a 6-0 vote. Continued - March 8, 1982 Jim Tolleson made a motion the minutes of February 15 and 16, 1982 be approved as submitted. James Williams seconded the motion which carried by a 6-0 vote. Committee Reports: Sarah Jones said she hoped we could act quickly on correcting the problems we have with the lift stations and thanked the people in Ward 7 for their efforts in cleaning up. Elbert Coalson read a letter from Economy Motors, Inc., at 2994 Atlanta Road addressed to Dan Steely requesting a permit under Section 6-100 of the Code to display flags for 30 days during their grand opening. Elbert Coalson made a motion the temporary permit be granted. Max Bacon seconded the motion which carried 6-0. James Williams made a motion that council authorize the criteria for the Civil Service Board to fill the position of Fire Chief, with the following recommendations: That applications be closed to all those below the rank of Captain or the Civil Service grade equivalent, and that the position be advertised for a period of 30 days. Elbert Coalson seconded the motion. Jim Tolleson said he felt the restriction should not be placed on the rank since this would make the test available to only 5 or 6 people, and felt the least they should do is accept applications metro-wide with a restriction that they must reside in Cobb County if they accept the job. Jim said he felt council had an obligation to select the best qualified person for the job and could not see limiting the test to 5 or 6 people. Sarah Jones said she also felt the examination should be open. Mayor Bacon said the last Grand Jury had also recommended the merging of our fire department with Cobb County and he would be in touch with Harry Ingram soon to discuss the possibility of consolidation. James Williams said the same Grand Jury had also cited the Cobb County fire department for inadequate fire protection and wondered how they could finance ours if they are unable to take care of their own. Jim Hawkins said he felt there would be a morale problem involved if the test is open and felt it would be denying some of our employees with quite a few years of service the opportunity of advancement. Mr. Williams said he felt that someone applying from a larger city would have an advantage, because their training would be more ex- tensive. Attorney Camp called attention to Section 77(7) of the Charter which states that all applicants must be subject to examinations, which shall be publ ic and competitive, and open to all citizens of the United States, within limits as to age, health, habits, and moral character, to be fixed by said Civil Service Board. After further discussion, Max Bacon made a motion this matter be tabled to the next meeting. Jim Tolleson seconded the motion which tied 3-3. Voting for was Sarah Jones, Max Bacon and Jim Tolleson. Opposed was Elbert Coalson, Jim Hawkins and James Williams. Mayor Bacon voted in the affirmative to table and break the tie. M ax Bacon said a speed limit sign needed to be posted on Park Drive and asked the Street Committee to look into it. Jim Tolleson said also that the road going around the tennis courts should either be made one-way or dead-end at Park Drive because there will be a lot of people to use this entrance as a short cut to the new development at the end of Park Drive. Max Bacon said the Parks Department has a station wagon in need of repairs and not being used, and made a motion it be surplused. Elbert Coalson seconded the motion. Mayor Bacon said we were getting away from the policy approved several weeks ago to not take any action on items not on the agenda. The motion and second were withdrawn, and Max said it would be brought up at the next meeting for a vote. Jim Tolleson said budget preparations would begin this week and financial state- ments would be ready before the next meeting. Jim Tolleson said he had received a letter from one of our citizens commending three of our police employees who helped him in a situation where he had found his grandmothers body. The officers were W. T. Martin and J. Dobbins and Jim asked Chief Little to convey his appreciation to them. Jim Tolleson said a check had been received from the Georgia Municipal Association for $3,593.39 for monies they collected from insurance companies who had not paid the l% and 2% premiums on insurance sold in the City. Attorney Camp said he had been informed today that there may have been an action filed today to require the City to open two roads that were closed by Council in 1974. Mr. Camp recommended that Mrs. Spivey be authorized to acknowledge service of the action, instead of all councilmen being served individually. Continued - March 8, 1982 Mayor said he was sorry Jack Shinall could not be present tonIght, but he was on medication and would be going back to the hospital tomorrow for fu rthe r tes ts . Mayor Bacon said this was clean up month and the City will do its best to pick up all trash that is put out. Mr. Randall Courtney had some questions concerning the tattoo ordinance approved tonight and was told to contact Mayor Bacon the next day. With no further business, meeting adjourned at 9:45 p.m. ************************ March 15, 1982 The Smy pres p R. E. Pa rks Bui Iding scheduled meeting of Mayor and Council was held March 15, 1982 at Hall. The meeting was called to order at 7:30 o'clock p.m. by officer Mayor Arthur T.Bacon. All Council members were present. Also City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Inspector Dan Steely and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. There were no citizen reports. James iams made a motion that the discussion to establ ish the criteria for filling the position of Fire Chief be tabled again. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bid Openings: follows: (1) Bids for a garbage truck were opened, read and recorded as Tri-State Tractor 880 Glenwood Ave. Atlanta, Ga. $47,675.00 Garbage Systems & Equip. P. O. Box 655 Austell, Ga. $54,987.12 Jack Shinall made a motion the bids be turned over to committee, with their recommendation back to full Council at the next meeting. Jim Hawkins seconded the motion which carried 7-0. (2) Bids for a pickup truck were opened, read and recorded as follows: Capital Ford Truck Sales, Inc. 290 University Avenue Atlanta, Ga. (cannot meet 30 day delivery date) $7,323.71 (1983 Ranger) $7,268.60 (1982 Courier) Wade Fo rd 3860 South Cobb Drive Smyrna, Ga. $6,948.61 (1983 Ranger) Fouts Brothers Datsun 2158 Atlanta St. Smyrna, Ga. $7,013.00 (1982) Day's Chevrolet 4461 S. Main St. Acworth, Ga. $7,413.13 (1982) Strother Ford 810 Cobb Pkwy. Marietta, Ga. $7,099.00 (1982) Continued - March 15, 1982 John Smith Chevrolet 2155 Cobb Pkwy. Smyrna, Ga. $7, 155.96 375.00 Rebate if ordered $6,780.96 before 3/31/82 Jack Shinall made a motion the bids be turned over to committee with their recommen- dation back to full Council at the next meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion the bid for street striping be awarded to Peak Paving and Marking in Columbus, Georgia, the low bidder at $10,713.31. Max Bacon seconded the motion which carried by a 7-0 vote. Max Bacon made a motion the bid for replacement of the filtering system at Jonquil Pool be awarded to Irwin & Mahaffey Construction Company in Watkinsville, Georgia, subject to a letter of bondedness from their company. They were the low bidder at $11,600 for bid items #1 and #2. James Williams seconded the motion. Max Bacon amended the motion to state the bid price was $12,000, with the additional $400 to be used for decking repairs. James Williams seconded the amendment. Vote on the amendment and main motion carried 7-0. James Williams made a motion that bids be requested for pol ice and fire department uniforms, to be opened the first meeting in April. Max Bacon seconded the motion which carried by a 7-0 vote. Max Bacon made a motion a 1974 Ford station wagon from the Parks Department be declared surplus. Jim Hawkins seconded the motion which carried by a 7-0 vote. Ordinance Amendment: Sarah Jones made a motion that Section 3-26 of the Alcohol ic Beverage Ordinance be amended by adding sub-paragraph (15) as follows: That any corporate applicant is not registered or domesticated with the Corporations Commissioner of the office of the Secretary of State of the State of Georgia. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jack Shinall said that a previous meeting, $1500 had been approved for the cost of a water and sewer study conducted by Wallace Pate and the total cost in a bill submitted by Mr. Pate was for $4,380. Jack made a motion the additional $2,880 be approved for payment. seconded by Elbert Coalson. Vote on the motion carried 6-1, with Max Bacon opposed. Jack Shinall said that Sanford Place was a very narrow street, with only one home fronting on it, and they were considering making the street one-way permanently. Jack said he would talk with the residents there prior to the next meeting, and made a motion that the request to make Sanford Place a one-way street during baseball season be tabled to the next meeting until this decision could be made. Max Bacon seconded the motion which carried 7-0. Jim Tolleson said that Homeland Properties is trying to buy 17 acres fronting on Spring Road and backing into Teasley Drive. Max Johnson with Homeland Properties has contacted the homeowners involved asking their approval of closing Teasley Drive, once Pasadena Boulevard is completed and the new road extended into Pasadena. Jim made a motion the following resolution be approved: That a proper notice and advertisement be given to close and abandon Teasley Drive to the point designated on a plat on file with the City Clerk, to Pasadena Boulevard, said closing to become effective upon completion of Hester Park Drive and Pasadena Boulevard, and a publ ic hearing to be held before Mayor and Council at a public meeting on Ap ri I 19, 1982. Jack Shinall seconded the motion which carried by a 7-0 vote. Ridgeview Institute; Mr. Robert Fink, representing Ridgeview Institute, stated that Ridgeview was a private, non-profit hospital funded by tax exempt bonds issued approximately 6 years ago. These bonds will retire in 17 years, at which ti of the hospital will revert to the City of Smyrna. Mr. Fink p ing transactions to facilitate their financing and transfer ownership e City at the time the transaction is consummated, rather than waiting I years. Their proposal was that the City of Smyrna create a Smyrna Continued March 15, 1982 Hosp rity, and the City to lease the facility to the Authority. The Authority would, in turn, lease back to the present operations of Ridgeview Institute for 30 years. In return for the entire transaction, Ridgeview would pay the Authority sufficient rent to cover the bonds, trustee expenses and a payment to the City of Smyrna. The. total compensation to the City would be a payment of$SOO,QOO at the time title is transferred; a payment during the next 10 years of $35,000; years 11 through 17, $45,000; years 18 through ~O, $50,000 plus 2% of gro?s r.evenues in excess of $10 million. Based upon their projections, the rent would be $100,000 per year. By taking title now, the City wowld receive a total of $500,000 now and approximately $2 million over the next 30 years. Mr. Fink said this would strictly be a financial restructuring and would not affect the operations of the hospital. Jim Tolle?on made a motion the Mayor be authorized to consummate the Resolution with Ridgeview, seconded by Jim Hawkins. James Williams said he may.have some reserVations, since he is an employee of Physicians & Surgeons Hospital, owned by Health Group, Inc., and felt this may be a confl ict of interest for him. Vote on the motion carried 6-0, with James Williams abstaining. Jim Hawkins also stated the City Attorney would represent the City in this transaction, to protect our interest. Also, all costs involved would be paid by the hospital. Bacon stated the Street Department had recommended the present yield sign Street at Roswell, at the rai I road crossing, be replaced with a stop made a motion the stop ~ign be installed for a 60-day trial period to it will help the flow of traffic. Jim Tolleson seconded the motion by a 7-0 vote. Residential Business License: Mr. lee Penny requested approval a residential business license for his home at 2176 Old Spring Road for a lawn maintenance se . Penny said as long as he has lived there he has kept his business the back yard and due some concern of the nei~hbors, it was to his attention that he should obtain a license. Mr. Coalson said he received some calls from people in the area, and also commended Mr. Penny for the good job he has done in upgrading the property. However, he has been operating a business from his home and the necessary petition from the surrounding neighbors did not have all the signatures, with some stating they did object to the business. Mr. Penny said he kept two trucks parked in the back yard with all his equipment on the trucks,and in the future plans to install a 10-foot wooden fence around the back yard. After further discussion, Elbert Coalson made a motion the license be denied, seconded by Jack Shinall. Mayor Bacon suggested this request be tabled to give Mr. Penny an opportunity to talk to his obtain the other signatures required on the petition. Jim Hawkins this request be tgbled, seconded by James Wi II iams. Vote on the motion to table carried 6-1, with Elbert Coalson opposed. Validation of Signatures: Drs. Dellinger and Israel property in land Lots 228 and 277 on Pat Mell Road. as follows: requested annexation of The application was read undersigned, who COnstitute sixty percent (60%) of the of and area by acreage of the area described below, which is ncor- Fll1d contiguous to the City of Smyrna, hereby apply have said annexed 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, 41 413; 1971, 399; 1976, Pages lOll, 1012; said property to be annexed be ng described as follows, to wit: A 11 that tract or parCe 1 of I and I y i ng and be i ng inland Lots 228 and 277 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particiJlarly described as follows: BEGINNING at an iron pin on the north side of Pat Mell Road 200 feet west as measured along the north side of Pat Mell Road from the northwest corner of the intersection of Pat Mell Road and Mills Lane point of beginning being at the southwest corner of Lot 17 of Block Spring Valley Subdivision, Unit Two, a subdivision plat of which is recorded in Plat Book 16, Page 198, Cobb County records; thence west along the north side of Pat Mell Road 367 feet to a point in the center 1 of a creek; thence northeasterly, northerly and northwesterly as measu along the center line of said creek and following its curvatur'e 665 to a point; Continued - March 15, 1982 thence easterly, slightly south of east 35 feet to an iron pin; running thence and continuing easterly in the same direction 51 feet to an iron pin on the west line of said land lot 277; running thence and continuing in the same easterly direction 186.3 feet to an iron pin; running thence and continuing in an easterly direction, slightly more southerly than the last mentioned call, 74.4 feet to an iron pin at the northwest corner of lot 11 of said block, unit and subdivision; running thence southwesterly, southerly, and southeasterly along the rear of Lots 1 I, 12, 13 and 14 of said block, unit and subdivision, 447.2 feet to an iron pin at the northern most corner of said Lot 17 of said block, unit and subdivision; thence southwesterly along the northwest line of Lot 17, 40 feet to an iron pin; thence southerly along the western side of said Lot 17, 165 feet to an iron pin on the northern side of Pat Mell Road 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 legal representative, of 60% of the land area above described by acreage: s/RAY E. DELLINGER PHILIP Z. ISRAEL Jack Shinall made a motion the signatures be validated and the date bf public hearing set for April 5, 1982. Elbert Coalson seconded the motion which carried by a 7-0 vote. There were no commercial building permits to present before Council. Committee Reports: Jim Tolleson said the Georgia Power franchise check in the amount of $326,000 was received last week. Jim Tolleson asked Attorney Camp if there was any way the City could require tenants in rental houses to maintain the property. Mr. Camp said no, because you would run into the problem of who is to judge if the property looks nice or not. Sherry Reavis said the tennis court reservation system went into effect today, and invited everyone to the Super Family Field Day on April 4th at King Springs Park. Max Bacon said this is clean-up month and the Sanitation Department employees have worked the last few Saturdays, but cannot seem to get caught up. Max said he thought Council should give serious consideration to reopening the City land- fill which was closed several years ago. Our employees are spending more time driving back and forth to the county dump than they are picking up trash, and we are also paying the county dumping fees. ~ack Shinall said the initial minimum cost to reopen the dump would be $25,000 for two employees; one to operate the tractor and another to operate the gate. A front-end loader would have to be left there, and the City only has one at this time. Jack said he agreed that the biggest majority of time was spent carrying trash to the county dump and it was a problem. For the next two week- ends we will be using extra trucks and are using all available employees from the Street Department to work on Saturdays. Sarah Jones invited everyone to a reception at the Library on March 21st from 3:00 to 5:00, honoring Kathryn Jones who is retiring as Librarian. Mayor Bacon sa1d there has been a considerable amount of discussion over the last few weeks concerning our sign ordinance. Mayor Bacon said he was going to meet with several owners of sign companies along with the City Inspector to be sure there were no misunderstandings about the ordinance, which will be properly enforced. Also, we will begin a stricter enforcement of our leash law. With no further business, meeting adjourned at 8:30 p.m. ************************ March 24, 1982 A called meetln~ of Georg i a, on March 24, 1982. The p.m. by presiding officer Mayor present except Elbert Coalson. Also and Building Inspector Dan Steely. il was held at City Hall, Smyrna, was called to order at 7:30 o'clock T. Bacon. All Council members were present was City Clerk Willouise Spivey The purpose of the meeting was for the approval of a building permit for Village Mill, Post Properties. Invocation was given by Jim Tolleson, followed by the pledge to the flag. The permit was submitted by Building Inspector Dan Steely. The Engine.ering Department had approved the site plan, and building plans had been approved by the Fire and Inspections Department and Mr. Steely recommended it be granted. Jim Tolleson made a motion the building permit be approved. Jack Shinall seconded the motion which carried by a 6-0 vote. Meeting adjourned at 7:35 p.m.