September 7/20, 1982 Council Meeting
September 7, 1982
scheduled meeting of Mayor and Council was held pursuant to the Charter
r 7, 1982 at Smyrna City Hall. The meeting was called to order by
presiding officer Ma thur T. Bacon at 7:30 o'clock p.m. All Council members
resent except Coalson who was out due to illness in his family.
o present was City rney Charles Camp, Assistant City Clerk Melinda Hiatt.
Police Chief R. E. Little. Acti re Chief Hubert Cochran, Assistant Public Works
Director Vic Broyles. Parks creation Director Sherry Reavis, Librarian Doris
Morris. Civil Defense Director Dick O'Hara, and representatives of the press.
Invocation was given by Sarah Jones, followed by the pledge to the flag.
of his
notice
him to
that
that
requ
his
Mr. B. T. Harden of Mockingbird Lane complained of a fence one
hbors has constructed and said the City Marshal had already sent him a
of violation of the inance. but no action has been taken in forcing
the fence. Camp advised Mr. Harden, at the Mayor's request,
is eighbor sed the lot behind him and informed the City
become a par is back yard the City had little chance of
removal of a fence in a back yard, as opposed to erecting a fence in
yard.
Williams made a motion the appointment of Fire
Shinall. Vote on the motion carried 5-1, with
of Fi re Chief:
led, seconded b
opposed.
, seconded by Sa
Jones he fe 1 t i
on Hunter Street.
Travis H. Gann in his request to rezone property
at Hunter Street, from Future Commercial to Limited
ding would be used for a mechanical contractor's
rth of remodeling to be done. Ward Proctor
but wanted to be sure there would be no
there. Attorney Camp stated the Limited Commercial
or parking of heavy equipment. Max Bacon asked
Street was a permanent one-way street. Mr. Jones
rontage on Concord Road which should be adequate for
coming and going from the office, with probably
parked during the day. Mr. Jones said the Planning
hey rezone to Limited Commercial rather than General
with other businesses on the street. Mr. Bob Bison,
e was concerned with the fact that Hunter Street
crease traffic on Dunn Street and severely disrupt
ion, Jim Hawkins made a motion the zoning be
Vote on the motion carried 6-0. Jack Shinall
be better to have the curb cut on Concord Road
L
care nursing home type facility which
variances for a proposed senior citizens high-
Cobb Drive and King Springs Road. The
Mr. Bill
lopment
variances requested
allow persons 55 years of age or older, or married
the spouses is 55 years of age or older, or
t requirement is 62 years of age.
2.
ulations; from 3 stories or 35 feet in height,
in height.
3.
4.
Section 801
floor area of proposed units as follows:
Efficiency
One-bedroom
Two-bedroom -
Th ree-bed room
ft. from 500 sq. ft. required
sq. ft. from 600 sq. ft. requ ired
650 sq. ft. from 700 sq. ft. required
- 800 sq. ft. from 900 sq. ft. required
the audience on the variances requested. Max Bacon
very small for an efficiency and Mr. Askea said these
only. Jim Tolleson asked if this should be addressed
tion. Mr. Camp said this development was being
ty would not have any connection with it.
Shinall, Mr. Askea said that approximately 10,000
used for nursing care facilities. Sarah Jones made
ved. James Will i ams seconded the mot ion wh i ch
September 7, 1982 - Continued
Commercial Building Permits:
Bacon and recorded as fo 1 lows:
bui lding permits were presented.by Max
ion Company reql..l~sted.a permit for a dental
rland Crossing Shopping Center, at a total
made a motion the permit be approved. Jim To
carried by a 6-0 vote.
ted a permit for an 8,000 sq. ft. retai 1 bui Idlng., next to
an estimated cost. of $100,000. Max Bacon made amotion the
subject to the Fire Marshal's approval. James Williams seconded
carried by a 6-0 vote.
3)
requested a permit for 2416 South Cobb Drive for
the existing buildings Elta total estimated cost of $40,000. Max
be approved. James Williams seconded the motion
ROnaldH. Cook appealed the decision of recorder's
reckless drIving. Mr. Cook, Dan Lovern, Offlceri<. K.
r John VlacliWer~sworn in by Attorney Camp. Mr. Cook said
his home onSt.arl ine Drive to go to a friend's home and
into King Springs Park at all that day. He went up King Springs
a park ranger PUll in beh i nd him when he stopped at the Tenneco
He left Tenneco and exited onto Concord Road traveling west.
in the rightiband lane and when he approached the intersection
there wasa>carstopped in his lane attempting to turn right,
behind it. He Used his bl inker to go into the left-hand lane,
, and then back.Jnto the right hand lane to turn right onto
ve. He was stopped on South Cobb Drive, near Kentucky Fried Chicken
with reckless driving by Officer Wrozier.
he was in the car with Mr. Cook and said they stayed in the right
l~aving Tenneq::> and Mr. Cook did use his blinker when he passed
they were staying within the speed 1 imit and to his knowledge.
r cars behind them <when they changed lanes. Jack Shinall asked
what he was being stopped for when Officer Wrozier pulled him
did not know until the ticket was written and given to him.
if anyth ing else had happened since the ticket fOLreck less
issued to him. MT.Cook said he went back to the park rElnger and
could be broughtiback up, that he did not feel he was treated
Camp asked Mr. Cook he was about to tell council about some-
against him now,;;lI'ldthe answer was yes. Mr. Camp saId he could not
it does not involve this case and could not be considered.
John VI ad said he was in Ki ngSprJngs Pa rk when the ca 11 came over
ile was driving recklessly in the a.rea and
in locating<thev~hicle. He saw Mr. Cook's
Tenneco. Aft~rgettjn9 gas, he said Mr.
of s peed and ac.cordiDg to his speedometer was
hour on Concord Road,. w~aving in and out of
car on South Cobb . Drlye, he. s lowed down. Mr.
not the same vehicJe.the police cars were looking
to get close enough togetithe tag number but used his
from a zone car, stating he had the vehicle in sight.
the. rad i 0 that
the park
icle and
out at
in excess
he
it turned
was
radio to call for
reckless driving Avenue and
Drive when the lIed for
Street and When
the driver to her.
them over and ticket
Officer Wrozier cle
and not in any violation. The ticket was
James Wi 11 iams asked Mr. Vlad where he
he answered at the Tenneco station, but
same car they were looking for.
a motion the
the motion carried
him to vote because
Camp stated that
case heard tonight.
decision
Jim Hawkins
more to
r happened
made a motion
20, 1982.
recorder I S cou rt by Gerald Parker be
seconded the motion which carried 6-0.
September 7, 1982 - Continued
said our cost for underground garbage can units and liners has
d. At the present time, we are paying $l12.93 for the units and charging
the customer $100. Liners have increased to $10.53 and we charge our customers
$10.00. Jim made a motion the cost of the entire unit be increased to $115.00, and
$11.50 for liners. effective September 15, 1982. Jim Hawkins seconded the motion
which carried by a 6-0 vote.
said the lowest bid on the two air packs for
,440 budgeted for this equipment. James made a
t the low bid, with t~e $445 excess to be paid from the General
ins seconded the motion which carried by a 6-0 vote.
Tolleson made a mot ion the minutes of August 2. 1982
Max Bacon seconded the motion which carried by a 6-0 vote.
made a motion the minutes of August 16, 1982 be approved as submitted.
s seconded the motion which carried 6-0.
proposals for three paving projects and
follows, to be paid from State Grants.
stated we have
motion they be accepted,
Highland Drive - $4,140
Parking Lot at City Hall - $4,200
Cherokee Road - $3.150
Sarah Jones seconded
she felt we should
ack Shi
ts, to
by a 6-0 vote.
for discussion. Sarah said with the cost involved,
and have other comparisons before awarding the
the motion to state that bids be requested on
the next meeting. Sarah Jones seconded the motion
said he had a letter from some of the residents
permission to close a portion of both streets for
from 6:00 to 11:00 p.m., and made a motion it be
onded the motion which carried 6-0.
report on library activities and expressed her
their excellent coverage.
Jack
he paper where the City of Marietta plans to continue
said these plans were consistent with the agree-
'on and their city. Jack said he did not feel the
r all the citizens of Cobb County and this is ani
ements we had. The City of Marietta ia annexing
th area and it takes money out of the school tax
Siaid he felt it was time the legislators and people
know, that although their annexation package is
ne but them.
(Parks) Sarah
from Wards 1. 3 and
have their recommen
terms for Parks and Recreation Commission members
pire soon, and asked councilmen from these wards to
ready for the next meeting.
Sherry Reavis said the Fall brochures were ready and would go to all the schools
this week. Also, King Springs pool will open this weekend for the Fall season.
Announcements: Next council meeting September 20, 1982; GMA Fall District meeting
on September 21, 1982.
With no further business, meeting adjourned at 8:46 p.m.
************************
September 20, 1982
of Mayor and Council was held September 20, 1982 at
was called to order at 7:30 o'clock p.m. by presiding
All Council members were present. Also present
. City Clerk Willouise Spivey, Police Chref R. E. L.it Ie,
The regular scheduled
Smyrna City Hall.
officer Mayor Arthur T.
was City Attorney CharI
September 20, 1982 - Continued
Works Director Jim Davi
Defense Director Jim Fa
of the press.
and
ilding
was given by Jim Tol
1 lowed by the pledge to the
business in Smy
said he was for a sign ord ,
for today's economy. The ~harge of $25
his main complaint. He. <'lsked Mayor and
some bus i ness peop l~tpdlscuss the
where the 1 i tt 1 e man cou ld cont i nue
of that committee, Max B<'lcon, to set
business owners, and review the sign
Appeal of Recorder's Court:
his appe.<;l] Of the recorde r' s
be dismissed. Jim Hawkins
P<'lrker was not present for the hearing of
ion and Max Bacon made a motion the appeal
motion which carried by a 7-0 vote.
lliam B. Anderson
Road from Future
Mr. Ande rson and
to
rezoning of property on South Cobb Drive
Limited Commercial. John Dickson
on the lot was and would
was i ns.made
Bacon seconded carried by
3573 South Cobb
on
as
ckson
for Mr.
opposi
11 i ams
of p rope r ty on South Cobb 0 ri ve at
from Future CommerpICll.to Limited
and said this lot adjoined the
ld be used for a barber shop at a later
Hawkins made a motion the rezoning be
ion which carried by a 7-0 vote.
Dudley H. McDan
which fronts
Li m lted
Presently two
, <'In In
the
ng of property pt 1611 Smyrna
and Smyrna Roswell Road from Future
Jones represented Mr. McDaniell and
on the property, and if rezoned, Wegman
, would use one of the houses for
Also, both houses wowld be renovated.
home was at the corner of Hawthorne
I ittle frontag~ now and was con-
ich would take of his
ing the widening had no
, the widening
discussion it
the McDan i e 11
a motion the zoni
by a 7-0 vote.
Jack Shinall
the Ci ty be
carr led by a 7-0 vote.
ion the request byc;ab Company
the next meeting. Max Bacon seconded the
building permits were p
ows:
by
( 1 )
requested a bwil<;llng permit for a pizza res
at an estimated cost of $25.000. Jim Hawkins made
Bacon seconded .the motion which carried by a
860
the permit
be
Bi
Bids for the Highvlew,Wi 110wbrook and Deerwood outfall
, read and recorded follows:
sewer 1 ines
J. E. Lovern Construction Co.
Smyrna, Ga.
$102,553.00 - Base Bid
23,060.50 - Alt. #1
$125,613.50
ion
$ 75,192.00 - Base Bid
18,580.50 - Alt. #1
$ 93,772.50
September 20, 1982 - Continued
Nichols Contracting Co.
Mableton, Ga.
$ 86,021.30 - Base Bid
(7,448.26) - Alt. #1
$ 78,573.04
Marcon & Associates, Inc.
Smyrna. Ga.
$177,433.50 - Base Bid
21 ,772.00 - Al t. #1
$199,205.50
$178,125.00 - Base Bid
30,817.00 - Alt. #1
$208,942.00
Gem Contractors
Jim eson made a motion t
wit I to act upon t
which carried by a 7-0 vote.
bids be turned over to the committee for study,
or reject all bids. Sarah Jones seconded the motion
Bids for three paving projects were opened, read and recorded as follows:
C ty Ha 11
P ing Lot Highland Drive Cherokee Road Total
Ables Asphalt Paving $3,100.00 $3,310.00 $3,500.00 $9,910.00
Mcintosh Paving $2,444.40 $2,956.80 $3,651.20 $9,052.40
S. J. Groves & Son $2.051.55 $2.481.60 $3,064.40 $7,597.55
Coalson made a motion the bids be turned over to the Street Committee, with
ty to award the low bid. Jim Hawkins seconded the motion which carried by
a 7-0 vote.
Validation of Si
Spring Street in
Fred M. Shope requested annexation of property on
631. The application was read as follows:
and
into
Sections 69-
412, 413; 1971,
being described
ho constitute sixty percent (60%) of the owners of
of the area described below, which is unincorporated
ity of Smyrna, hereby apply to have said area annexed
under the provisions of the Code of Georgia Annotated,
69-912 (Georgia Laws, Acts 1966. Pages 409, 410, 411,
Pages 1011, 1012; said property to be annexed
, to wit:
TRACT 1: All th
of the 17th Oist
of Lot 6, Jonquil
as fo 1 lows:
r parcel of land lying and being in Land Lot 631
Section, Cobb County, Georgia, and being a portion
Subdivision, and being more particularly described
BEGINNING at a
of Jonqu i 1 Dr
southeasterly
feet to a poin
runn i ng thence
of 48 feet to a point;
Original Lot 6
6 and 7, said
Original Lots 6
side of Jonquil Dri
of Jonquil Drive a
of beginning.
marker at the southeast corner of the intersection
Street; running thence northeasterly along the
e right of way of Love Street a distance of 104.4
line dividing Original Lots 5 and 6, said subdivision;
along the line dividing said Lots 5 and 6 a distance
running thence southerly along the easterly line of
of 84 feet to a point at the line dividing Lots
; running thence westerly along the line dividing
istance of 146.1 feet to a point on the easterly
running thence northeasterly along the easterly side
tance of 29.6 feet to a concrete marker and the point
TRACT 2 : All that tract
of the 17th Oistric
of Lot 7. Jonquil
said subdivision,
Georgia, and being more
parcel of land lying and being in Land Lot 631
tion, Cobb County. Georgia, and being a portion
ivision, as per plat of survey thereof describing
in Plat Book 6, Page 159, Records of Cobb County,
particularly described as follows:
BEGINNING at a point on the southeasterly side of Jonquil Drive 29.6 feet
southwesterly as measured along the southeasterly side of Jonquil Drive
from a concrete marker at the southeast corner of the intersection of the
right of way of Jonquil Drive and Love Street (said point of beginning also
September 20, 1982 - Continued
. 1 fee t to
iron pin at
i
170
angle of 85
marker; continu
right of way of J
beginning.
Lots 6 and 7, said plat arn;:!slJbdlvision);
dividing Original Lots 6 and 7 a
running thence southerly a distance of
dividing Lots 7 and 8, said plat and
along the original line of Lots 7 and
; runn i ng thence northeaster] y at
a distance 21.4 feet to a
northeasterly along the south<$gsterly side
Orive a distance of 66.6 feet to the point of
All that tract
District, 2nd
Jonquil Heights
ion,
Georgia, and being more pa
of land lying and being in Land Lot 631
Cobb County, Georgia, and ing a portion
ion, as per plat of survey thereof describing
1300k 6, Page 159. Records ofCohb County,
y described as follows:
an iron pin on the southeasterly side of Love 161 feet
y along the southeasterly side of Love Street from rete
southeast corner of the intersection of the right of way of
and Jonqu i 1 Drive; nll1n ing thence southwest<$rly along the south-
side of Love Street a distance of 56.6 feet to a point at the line
Original Lots 5 and 6, said plat and subdivision; running thence
y glong the 1 ine diviqing Original Lots 5 and 6 a distance of 48
a point; running thence northerly a distance of 30.7 feet to an
pi nand the point of beginning.
UNDERSIGNED He:"e:l.JNTO SET THEIR HANDS AND Si::ALS, AND THEREBY
CATt ON FOR ANNEXATION TO THE CITY OF SMYRNA.
the signature of record title holders of the fee simple title,
leggl representative, of 60% of the land area above described by
s/FRED M. SHOPE, JR.
made a motion the signature be validated and the date of publ ic
for October 18, 1982. Jim Hawkins seconded the motion which carried
Appointments to Parks & Recreation Commission: Jim Tolleson made
Fran Kingt:On be reappointed to the>Commission, representing "lard
seconded the motion which carried by a 7-0 vote.
fl10tipn that
Jim Hawkins
Jack
stated he would defer his appointment to the next meeting.
Elbert Coalson made a motion that Sarah McDaniel be reappointed from Ward 6. Max
Bacon seconded the motion which carried by a 7-0 vote.
Sarah Jones said that Jim Brooks
a motion that Mitchell Greeson
seconded the motion which carri
igned from the Parks Commission, and made
to represent Ward 7. Elbert Coalson
7-0 vote.
with all the
shops, etc..
machi
1 i ke to
Mr.
game machines in grocery stores,
to be some misinterpretation of
$25 fee, with a 1 abeT e)n each
begin strict enforcement of the ordinance.
been doing some work.on this, and felt
our ordinance for game rooms. Max said
les for the charge per machine. Jack
complaints from parents about chi Idren
go to the ggme rooms. Mgyor Bacon said he h<:ldalso received
Wills, andN<:lsh JUnior High about students sk.ippingschool
pl<:lces topli:lV the machines. Mayor Bacon saicl j,efelt we
ordinance where it would be illegal for childrent:o play
school hours. Max Bacon said he would set a meeting with
, and any other counci 1 members were welcome to attend.
Jim Tolleson said our present policy in the water department
being responsible for delinquent bi lls had re;;ll been hard
leaving unp<:lie(bi 11s. The committee is now COnsidering
it for new customers<ol11y, to become effective prOQ<:lbly the first
Jim said we are stilLgathering information on franchising or
bids on garbage pickup and his committee will meet again On Thursday at
1982 - Cont i nued
l!eson said that Jack Shinall's statement last meeting concerning Marietta's
atlons also struck a nerve with him. The moratorium set by the court has been
g over with and now Marietta made an agreement in May with the Board of Educa-
tion relative to their annexations. Jim said that the citizens of Cobb County are
making up the difference in taxes every time Marietta annexes, and made a motion
that the City of Smyrna suspend from its bid list and vendor I ist, any company
that we are doing business with in the City of Marietta. Jack Shinall seconded the
motion which carried by a 7-0 vote.
y) James Williams said the fire department is washing out the hydrants
ting them, which may cause water to be cloudy for a short while.
Chief Little said his department has hired seven new people, and hoped to fill
the other five vacancies soon.
Jim Tolleson asked James Williams when we would have a decision on the Fire Chief,
and James said it would be brought up later. Jim said he did not think it was
fair to the people who took the test, by delaying this decision.
Doris Morris on library activities and reminded everyone they
ister to vote ibrary. Applications for absentee ballots are
lable there. Library hours are: Monday through Thursday, 9:00 a.m. to
p.m.; Friday, 9:00 a.m. to 6:00 p.m.; and Saturday, 10:00 a.m. to 3:00 p.m.
(Library)
could
also
8:00
Jack Shinall said that citizens are again having their mailboxes destroyed and
asked for more citizen involvement in trying to catch these people.
Elbert Coalson said we are having a problem with vacant homes and lots that are
not being kept clean, which causes a problem with rats. Elbert said he would like
for everyone owning a home or vacant lot to please keep them cleaned up.
GMA Fall District meeting on September 21st; next council meeting
etting a lot of calls at night about barking dogs. Mayor
a lot of calls and the police department is not responding
but holding them for the animal control officer until the next morning.
aid he felt when a call was received about a barking dog, the pol ice
nt should re the call and let these people know their dog is causing
a disturbance. Chie said he was not aware this was happening, and it would
be handled properly from here on.
Jack Shinall said he has received complaints about audio burglar alarms going off
at all hours of the night and thought we should adopt an ordinance or policy, that
if this is a re-occurring problem the business owner could be fined.
John Dickson asked if something could be done about citizens using commercial
dumpsters for their own use. Jack Shinall said at one time they had considered
stenci 1 ing on the dumpster "Property of City of Smyrna - Authorized User Only."
This way, if a businessman caught someone using the dumpster we would have grounds
to press charges.
With no further business, meeting adjourned at 8:47 p.m.