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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.