July 6/19, 1982 Council Meeting
July 6. 1982~
and Council was held pursuant to the Charter
to order at 7:30 o'clock p.m. by presiding
cll members were present except Jack Shinall
City Attorney Charles Camp. City Clerk Willouise
ire Chief Hubert Cochran. Assistant Public
reation Sherry Reavis. Librarian
Farley. Ac ing Building Inspector Larry
Jim Hawkins. followed by the pledge to the flag.
Bethel Baptist Church. thanked Mayor
and repairing curbs and potholes around
questions about the construction of the shopping
She said she had attended the zoning hearing
drive onto Brown Road. and there were to be
ough plat that showed only one driveway. The
y Mr. Plunkett. who is not the present developer.
onstruction did not start until 1981. and the plans
two driveways. Mayor Bacon told Mrs. Majors he
and see how this happened. Mrs. Majors is con-
from Brown Road to Sharon Circle. endangering the
schoo I.
on Dunn Street and requested a stop sign at
ins stated he would notify the new streets
done to correct this problem.
request for 1090 Concord Road from R-15 to Limited
of July 1. 1982. and would have to be applied for.
being heard. A citizen reported the rezoning was not
; only on Concord Road. Mayor Bacon said that if
. signs would be properly posted on all streets.
that the Northcutt property located in Land Lot 775
. as described by legal read into the minutes of
City of Smyrna and become a part of Ward 1. Max
rried by a 6-0 vote.
the Northcutt property. located in Land Lots
through to Campbell Road. as described in legal
meeting be annexed into the City of Smyrna and
Jones seconded the motion which carried by a 6-0 vote.
and Wimberly N. Bennett
R-20 to Future Commercial.
Sanders and Wimberly Northcutt
Land Lots 702. 703. 738 and 739 be rezoned from
d minutes of the Planning and Zoning Board in
approved. Bacon introduced Mr. George
questions about the nt he hopes to construct
Lane first applied for apartment zoning but had
e 70 acres. with a 100 foot buffer. Mr. Lane
IJ Road and two on Spring Road. Six citizens.
ed the rezoning. Attorney Camp asked Mr.
ation and the answer was yes. After
ion that the property be rezoned as a Planned
t and further t velopment of 9.5
the City Code of
all as provided in the
11 require rezoning
a 5-1 vote. with Max
July 6, 1982 - Continued
Rezoning: B. Wilmont Will iams requested property located in Land Lot 708 be rezoned
from General Commercial to Light Industrial. Jim Tolleson read minutes of the Planning
and Zoning Board meeting in which they recommended the rezoning be approved. After
discussion, Jim Tolleson moved that property located in Land Lot 708 on Smyrna-Roswell
Road, be rezoned from General Commercial to Light Industrial as requested. Jim
Hawkins seconded the motion which carried by a 6-0 vote.
Validation of Signatures: George Poole requested annexation of property located in
Land Lots 702,738 and 739 on Campbell Road (Aunt Fanny's Cabin). Attorney Camp read
the annexation request and legal description as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the land
area by acreage of the area described below, which is unincorporated and contiguous
to the City of Smyrna, hereby apply to have said area 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, 412, 413; 1971,399;
1976, Pages 1011, 1012; said property to be annexed being described as follows,
to wit:
All that tract or parcel of land lying and being in Land Lots 702, 739 and 738
of the 17th District, 2nd Section, Cobb County, Georgia and being more parti-
cularly described as follows:
BEGINNING at a point located on the northwesterly side of the right-of-way of
Campbell Road 541 feet northeasterly as measured along said right-of-way of
Campbell Road from the intersection of said right-of-way of Campbell Road and
the easterly right-of-way of the N.C. and St. Louis Railroad; from this POINT
OF BEGINNING, continue thence northeasterly along the northwesterly side of
Campbell Road 600 feet to an iron pin; running thence northwesterly a 90 degree
interior angle with the right-of-way of Campbell Road 500 feet to an iron pin;
thence southwesterly parallel to the said right-of-way of Campbell Road 600 feet
to an iron pin; continuing thence in a southeasterly direction at an interior
angle of 90 degrees with the preceding course, 500 feet to the right-of-way
of Campbell 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/GEORGE M. POOLE, JR.
Jim Tolleson moved the signature be validated and the hearing be set for the last
meeting in July. Max Bacon seconded the motion. Jim Tolleson amended the motion
to hear the request the first meeting in August. Max Bacon seconded the motion.
Vote on the amended motion and main motion carried 6-0.
Mayor Bacon asked all Council members to start thinking of someone to appoint to
the Industrial Authority.
Ordinance Amendment:
as follows:
Jim Tolleson read an ordinance change, amending Section 6-108
Notice of Violation: If any sign is erected or maintained in violation of any
of the provisions of this article, the building inspector shall have the power
to give the owner thereof written notice of such violation. Said notice shall
include a brief statement of the particulars in which this article is violated
and the manner in which such violation is to be remedied. If a sign has been
registered with the building inspector, notice to the registered owner or to the
person receiving the permit shall be sufficient.
If a sign has not been registered and the owner is not known, said sign may be
removed immediately by the building inspector. If the sign is not removed by
the owner, the building inspector shall have the right to remove such sign at
the expense of the owner thereof.
A motion was made by Jim Tolleson to approve the ordinance change. Elbert Coalson
seconded the motion which carried by a 6-0 vote. Jim said the intent of the change
was to remove the 10 day waiting period before the building inspector could remove
an illegal sign; also to allow the City to fine the person or persons benefiting from
the placement of the illegal sign the sum of $5.00 per sign removed.
Max Bacon stated the Parks and Recreation Department had some old and wornout equip-
ment and made a motion the following items be surplused:
Continued
1 - Case ractor #9724787
1 - Sears Cr ftsman Tractor #131-9636F
2 - Echo Weedeaters - Model #302A
3 - Green Mach s -
I - 5-
1 -
1 -
1
1604, 271861, 296804
37
n which carried by a 6-0 vote. Max Bacon moved to
tioned equipment. Jim Tolleson seconded the motion
Jim Tolleson seconded t
send out bids for the above
which carried by a 6-0 vote.
inutes of June 7th and June 21st be approved as sub-
the motion which carried by a 6-0 vote.
by a
Nan cy
erokee
mot i on the I i cen
6-0 vote.
McMillen requested a business license for "Sister Christian
Mrs. McMillen was not present and Elbert Coalson
e denied. Jim Tolleson seconded the motion which carried
Mayor Arthur Bacon re Larry Dunn be appointed Building Inspector and City
Marshal. Elbert Coalson tion this recommendation be approved. Jim Hawkins
seconded the mot i on wh i ch card ed by a 6-0 vote.
s advised the sewer line was last week and lightning
again It was so bad creek had to be flushed, and
consi nt of this sewer line with a gravity flow line
an t Mayor Bacon be authorized to negotiate a contract
. Lovern with work to begin as soon as possible. The engineer study
cost of $100,000 to $110,000 to replace the three pump stations with a
Jim Tolleson seconded the motion which carried by a 5-1 vote.
to work as committees and read the reassignment of council
FINANCE & ADMI
Jim Hawkins, Chairman
Jim Tolleson
James Williams
PUBLI C SAFETY
POLICE, FIRE & CIVIL DEFENSE
James Williams, Chairman
Max Bacon
Jim Tolleson
STREETS, MAINTENANCE
AND GARAGE
Elbert Coalson, Chairman
Jim Hawkins
Sarah Jones
ENGINEERING & I
Max Bacon, Chairman
Elbert Coalson
Jack Shinall
WATER & SANITATION
Jim Tolleson, Chairman
Jack Sh i na 11
Jim Hawkins
PARKS AND RECREATION
Sarah Jones, Chairman
Max Bacon
James W ill i ams
FITS,
S Jack Shinall, Chairman
Sarah Jones
Elbert Coalson
There were no commercial building permit requests.
Jim
ci ty
will
1982 be set as thee
items have b.een
motion which carrl
said<.the City was
said the Ci
who paid for
1 ay the
and do
she
fo r 1 ay i ng
yea rs, 1 aid pipe
Sarah said the
it is the responsibil
ing. She recommends
an ordinance at the
in dirt
lewith
the
property
adopt the
next meeting.
Dori
gave a report on the
summer program.
Jim
of
city
and
to
see
to
wil
could not
drainage
Camp said it
covers.
their property
flows<th
individually.
natural erosion of banks.
homeowners should bear the expense
problems when it may be caused from a
depend on the particular circumstances
is the responsibility of thee homeowner
easement, buttheCi ty <is qblJ gated to
Mr. Camp said that each case would have
qther ways to correct erosion, but a creek
said he enjoyed
Defense depa
July activities and thanked the Pol ice,
ir help and participation.
Pa rks staff, the SmYirni3 Hq;;plta 1, Arne r i can
, Peoples Restaurant, Smyrna Jaycees,
a great ;;uccess.
Jim
at
sol
he con tinued
He has fai led i
prqblem.
ts and calls about
rts thus far but will
c signalization
continue to try to
Jim Tolleson read the following
and moved it be adopted:
We realize you work for a yankee newspaper, the Atlanta
Journal, i3nd
WHEREAS:
YO(Jr
and taste,
much to be desired in the way of humor
WHEREAS:
You, i
humi 1 i
have continued to ridicule, slander,
fun at the City of Smyrna, and
WHEREAS:
The City
consists
pride i n
continues
For
ment
Depa
in
city
was Incorporated in 1872
relatively intelligent
lishments of the
to improve its
of Smyrna Parks
one of the five
National Gold Medal
and Recreat ion.
, Smyrna is one
tan Atlanta..and was
completed, and fir;;t
1970 and 1980 census.
City status, and the
team won the State
who take
and
ife.
Depart-
ion
lence
our many
g rowi ng
i rd in
fami ly
been
School
s yea r, and
Even you
much to
mind must recognize that wee.",;; a city have
of and resent your continued deegrading
the great C
, an d yqu r s i ] 1 y
until you have
Be
of
that if you r remi3 rks
r will also be banned
inue, the sale
our city.
Max
the motion
by a 6-0 vote.
Ray Brooks was the Civil Service Board member selected
rvice Board members. Due to the untimely death of Mr. Brooks,
selected to fill the unexpired term, effective July 2, 1982.
With no further business, meeting adjourned at 9:30 p.m.
************************
July 19, 1982
Mayor and Council was held July 19, 1982 at Smyrna
e present. Also present was City Attorney Charles
Police Chief R. E. Little. Public Works Director
ctor Sherry Reavis, Librarian Doris Morris, Civil
representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag.
in honor of Daryl Bedford, proclaiming July 19, 1982
tstanding athletic achievements in leading the
II team to the State Championship.
lained of pol ical signs being posted on utility
promises had en made since 1976, with no changes
Bacon said we are working on the problem, and
Ci little more time to find a solution. Larry
in Inspections Department of signs being illegally
ited into court.
Gallardo Mexican Restaurant, 2728 Spring Road,
pouring license. The applicant, Martha Ann
inall made a motion the request be tabled to
seconded the motion which carried by a 7-0 vote.
of property at 1566 Spring Street, Land Lot
Mr. Argo was not present and Max Bacon made
led to the first meeting In August. Jim Hawkins
by a 7-0 vote.
unanimously
he property be
7-0.
t of John Wieland Homes, requested rezoning of
ing Road from R-15 to Residential Townhouse District.
4 townhomes on the site. The entrance and exit will
ances on Spring Road. This property abuts Argyle
cially zoned property. The Planning and Zoning
the rezoning be approved, and Jim Tolleson made a
requested. Jim Hawkins seconded the motion which
rezoning of property at 3089 Dunton Street from R-15
him to raise small birds, such as parakeets, canaries,
did not know how y birds he would begin with, but
cause any dis ance to the neighbors. The
would be b t behind his home. which is on a
spok for several in the audience opposed.
ely 28 surrounding neighbors opposed
f these minutes). Mr. Watson said they
ce; also the building Mr. Ayers is
and is too close to the property line.
g and Zoning Board meeting where they
, and made a motion the zoning request be denied.
which carried by a 7-0 vote. Jim said he felt this would
zoning since there is no other commercially zoned property abutting Mr. Ayers'.
There were no commercial
permits to bring before council.
the City is req ired to enter onto private
nage probl recently we have received
the property after the work is completed. Mrs.
adopt the same the policy the county uses, and made a
adopted:
is la
, the City will
be responsible for the cl
any pi pe i nsta 11 ed by the
vate property to work on an easement,
restored to origin<:ll corH::Fition.
request, the pipe w i Ilb~ paid for
at no cost, but the owner wIll then
and relandscaping of the property. Also,
meet specifications.
Jim Hawkins seconded the motion
this pol icy, which carried~by a 7-0 vote.
Sarah Jones
park rangers
duties.
following proposed amendment which she
ning what is lawful and unlawful in
unlawful to
activity which
safety or morals
with the use
~nt<:lin a nuisance or dfsturb<:lnce or engage
noise, use of vi le language or danger to the
izens of Smyrna or users of a city park
t of a park.
or persons who
of the City
may be required
park ranger
not retu
Refusal to obey
hours to the park,
with the use of a park or violate
Rules or RegUlations, or State of
ly leave a park by any authorized
officer and thereafter such
or use park facilities for <;j. period of
order or if such offender shall return
unlawful and punishable as a misdemeanor.
unlawfu 1 for
pub 1 i c pa rk
for veh i cuI ar
dut i~s requ ire them
to ve any vehicle upon or across any
except upon roadways laid out and main-
ion shall not apply to park employees
park maintenance equipment 9yer said park.
The parki ng of automobiles by 4isers of a park sha 11 be permi tteclin approved
parking areas in the publicp<:lrksof the City <:IS long as such parking is in
with traff~c laws, Fules and regulations of the p<:lrk department,
the occupants.>ofaut9mobiles do not create a disturbance or violate
inance of the CTtyor the State.
unlawful for
parking lots
a.m. dai ly.
to be parked on any of the drives,
lic park between the hours of 12:01 a.m.
be unlawful for park any vehicle upon any of the drives,
or parking lots or other place within any park, except by an
park user during the period of such persons use of park and
to his or her veh~cle.
be unlawful for
any of the City of
operating a motor vehicle uP9n any road
Parks to exceed the speed of 15 miles per hour.
motion the
7-0 vote.
be approved.
Max Bacon seconded the motion
Sarah Jones made a motion that
for a ItJells Fargo GamefieldGrant
Jim Hawki ns seconded the mot i on
is be authorized to
gamefteld fitness court
carried 7-0.
applying
Smyrna Park.
that bids be requested
be opened the first
were needed to meet
Max Bacon seconded
air
cations
which
(Water &
at 5:30 p.m.
Jim Tolleson called for a committee
to allow him
7-0. Jim Tol
1 i ners ata
new construction in
rried by a 7-0 vote.
motion.
ion
,310.
opments.
if property
J im Tolleson
containers.
to replace worn 1 iners if the. trash would
cy was not to pick up t:rashl.!nless it is
m Hawkins said the financial statements would be ready tomorrow. The
disk has been delivered and will greatly expand the storage capacity
computer.
said the library was continuing its summer reading program;
magic day and July 28th would be clown day. Also, contest
program must be submitted by August 3rd.
(Privilege License) Jack Shinall asked Willouise Spivey to be sure that a copy of
each application for liquor, malt beverage or wine license be furnished to each
councilman as soon as they are received.
Reavis said the City would be hosting the GRPS swimming and diving
be held July 30th and 31st.
id the auction for all surplused equipment would be held July 31st
9:00 a.m.
Jonquil Breakfast on July 21st; CMA meeting at Acworth Beach on
next council meeting August 2nd.
With no further business, meeting adjourned at 8:17 p.m.