October 3/17, 1983 Council Meeting
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION
Ward 5 & 7
3076 REGISTERED
HELD THIS TUESDAY, NOVEMBER 1, 1983
1124 VOTING
(g) Any other provision of law to the contrary notwithstanding, in the event
there is no opposed candidate, then no name shall appear on the general elec-
tion or special election ballot unless a write-in candidate has qualified
as provided by law. Further, if there are no opposed candidates, no eligible
write-in candidates mld no issues to be submitted to the electorate within
an election district, no election shall be conducted in that election district.
When, pursuant to this Section, no election is to be conducted, the municip-
ality shall provide notice reasonably calculated to inform the affected elec-
torate that no election is to be conducted. Each such unopposed candidate
shall be deemed to have voted for himself. The superintendent shall certify
such unopposed candidate as elected in the same manner as he certifies other
candidates as elected pursuant to Section 34A-1404. Each elector eligible
to have voted in an election which, in accordance with this Section, was
not conducted shall be deemed to have voted in such election for the purposes
set forth in Sections 34A-514 and 34A-515. When, pursuant to this Section,
no election is to be conducted, either the municipal or county registrars
shall prepare, certify and deliver electors' lists, as would otherwise be
required by Sections 34A-5l6 and 34A-517.
Therefore, Ward 5 and Ward 7 were the only wards where elections were conducted.
We, the duly appointed election Managers to conduct this election, declare the
following results:
FOR MAYOR
COUNCILMAN WARD #5
In Ward 5 & 7
803
JACK SHINALL
323
177
ARTHUR T. BACON
COUNCILMAN WARD #1
JIM TOLLESON
COUNCILMAN WARD #2
MAX BACON
COUNCILMAN WARD #3
JAMES WILIJIAMS
COUNCILMAN WARD #4
JIM HAWKINS
JAY WALLACE
1
COUNCILMAN WARD #6
VERA KATHLEEN (KATHY)
BROOKS
1
1
COUNCILMAN WARD #7
SARAH M. JONES
83
1
HUGH A. RAGAN
541
1
We therefore certify to the Mayor
of:
MAYOR
COUNCILMAN WARD #1
COUNCILMAN WARD #2
COUNCILMAN WARD #3
COUNCILMAN WARD #4
COUNCILMAN WARD #5
COUNCILMAN WARD #6
COUNCILMAN WARD #7
and Council of the City of Smyrna, the election
ARTHUR T. BACON
JIM TOLLESON
MAX BACON
JAMES WILLIAMS
JIM HAWKINS
VERA KATHLEEN (KATHY) BROOKS
They have received a majority of the votes cast.
SMYRNA WARD #5
SMYRNA WARD #7
ATTEST)
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VICES. INC.
(404) 422-1755
1983
&; City Council
11
, Georgia 30080
Dear Mayor and Councilmembers:
This 1 to advise that Cumberland Retirement
vices. the owner OI twenty (20) acres OI land on the
corner OI South Cobb Drive and King ings Road.
agrees to to the ty OI Smyrna Ior exp d right-oI
io I its land ten It. (10) wide Ior
erty, running East and West on the
Road. In turn we respectIully
a 10 It. variance on set-back
ank
togeth r to
continued cooperation as we work
cellent project to our community.
resident
Retirement Services
GB:dm
October 3, 1983
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on October 3, 1983 at Smyrna City Hall. 'rhe 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 Elbert Coalson who was recovering from surgery. Also present was City
Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little,
Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks
and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Librarian
Doris Morris, Assistant City Clerk Melinda Hiatt and representatives of the press,
Invocation was given by James Williams, followed by the pledge to the flag,
Citizen s: Jack Halpern of Belmont Hills Shopping Center expressed his appre-
ciation for t City responding so quickly in correcting a problem he had with dump-
sters behind the Shopping center.
Dot Mathis and her attorney, Cal Long, complained that she was being treated unfairly
by city officials. Ms. Mathis owns the Spring Road fruit and produce stand and said
she had received a letter from Mr. Golden stating that she must have at least 3 paved
parking spaces to be in compliance with our ordinance. She had already spent $ 600
to have her building moved back from the right of way and she was later told by Mr.
Golden that she would have to move the building back another 50 feet. Ms. Mathis
said she was being treated unfairly, and felt it was because Jim Tolleson did not
want her business in his neighborhood.
Mary Stewart, a resident of Camp Highland Road said after the last council meeting
she had called Chief Little about the construction noise from the Highlands Indus-
trial Park late at night and thanked him for putting a stop to it.
Presentation:
of the Quarter
Department.
Harold Hobbs of the Smyrna Lions
award to Gene McIntyre, Aquatics
Club presented
Director of the
the first Employee
Parks & Recreation
Attorney Camp read a proclamation for World Lions Service Day, October 8, 1983, and
presented it to Mr. Hobbs.
Privilege License: Munford, Inc. requested a beer package license for a new Maj ik
Market at 1338 Concord Road. There was no opposition from the audience. William Henry
Carson, applicant, said this would be a self-service Amoco station and Maj ik Market
which should be an asset to this location. Jim Hawkins stated a letter was submitted
from James Andrews, a resident living within the 200 foot radius, waiving the distance
requirement. The two other houses also wi thin the 200 foot radius are zoned Future
Commercial and not within the restriction of the distance requirements. Max Bacon
made a motion the license be approved. James Williams seconded the motion which
carried 4-2, with Jim Hawkins and Jack Shinall opposed.
Rezoning: Henry G. Kalb requested rezoning of property in Land Lots 607 & 618 from
Residential to Light Industry. !VII'. Kalb and Wylie Wall, in opposition, were sworn
in by Attorney Camp. Mayor Bacon said at the last meeting there was some quest ion
about the possible weight restriction of vehicles on Camp Highland Road, Since that
meet:ing, he had called the County engineering department and found that there was
no specific restriction on weight or size of vehicles. Mr. Kalb said since the last
meeting he had been contacted by a man who owned property near his, and was told
that his was zoned Heavy Industry. Mr. Kal b said he then checked the county records
and found that a very small portion of his property was also zoned Heavy Industry
and most of the surrounding property was also zoned Heavy or Light Industry.
Mr. Wall said he obj ected for the same reasons as before; this was his home and he
wanted to stay there. Mr. Kalb said he had no immediate plans to develop the property;
they were still trying to settle his mother's estate and get an appraisal.
After further discussion, Sarah Jones made a motion the zoning be approved. Jim
Tolleson seconded the motion. Jack Shinall said he would not support the motion
because the property was so narrow he fel t it would be difficul t to develop. Vat ing
for the motion was Sarah Jones, Jim Tolleson and James Williams, Opposed was Max
Bacon, Jack Shinall and Jim Hawkins. Mayor Bacon voted in the affirmative to break
the tie and approve the zoning.
Annexation: Raymond D. MOOn requested annexation of 43,4 acres in Land Lots 671,
672 and 698, the legal description having been read and made a part of the minutes
of the September 6, 1983 meeting. There was no opposition from the audience. Mr.
Moon said that along with the annexation, he would also require a variance on the
front setback for 9 lots, from 40 feet to 30 feet, due to the terrain of the prop-
October 3, 1983 - Continued
erty. This will be another phase of Cedar Cliffs Subdivision, with homes priced from
$110,000 up. Max Bacon made a motion the property be annexed to become a part of'
Ward 2 and the variances approved as requested. James Williams seconded the motion
which carried 6-0.
Max Bacon made a motion the rules be suspended to place a motion on the floor. Jim
Hawkins seconded the motion which carried 6-0.
Max Bacon made a motion that Raymond D. Moon Builders be given apProval for use of
a construction trailer at their new development for a one year period. James Williams
seconded the motion which carried 6-0.
Variance: Terry Abney and Wayne King requested a variance for construction of a
new Hardee' s at Dickson Shopping Center. Two variances were requested; one for the
side yard setbacks on both sides of the building and the other to use a 6 foot monu-
ment type sign. There was no opposition and Jim Hawkins made a motion the variance
be approved. Jack Shinall seconded the motion which carried 6-0.
Commercial Building; Permits:
Jones and recorded as follows:
Commercial building permits were presented by Sarah
(1) Pizza Hut, 2542 Atlanta Road requested a permit for an
estimated cost of' $14,000. Sarah Jones made a motion the permit
to approval of the Fire Marshal and City Engineer. Jim Hawkins
which carried 6-0.
addition at a total
be approved subject
seconded the motion
(2) Hardees requested a permit f'or new construction at 3212 South Cobb
a total estimated cost of $199,000. Sarah Jones made a motion the permit be
subject to approval of the City Engineer and Fire Marshal. Jack Shinall
the motion which carried 6-0.
Drive at
approved
seconded
Residential Business License: Betty Chartier requested a residential license for
Best Choice Enterprises, 4246 Antler Trail. There was no opposition. Mrs. Chartier
said she located apartments in need of' renovation or repair and wanted to have a
business telephone in her home. She understood the home occupation ordinance and
also had a petition from her neighbors within a 300 foot radius stating they had
no objections. Sarah Jones made a motion the license be approved. Jim Tolleson sec-
onded the motion which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation by Hobart
Early and George Artress 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 69904 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 Lot 549 and 548
of the 17th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey
for Hobart Early made by Mayes, Sudderth and Etheredge, Inc., dated September 6,
1968, and being more particularly described as follows:
BEGINNING
Lake Road
the west
iron pin
at an iron pin at the point of intersection of the southwest side of Cooper
with the west land lot line of Land Lot 549; running thence southerly along
land lot lines of Land Lot 549 and 548 a distance of 1637.63 feet to an
on the north side of' Seaboard Airline Railroad right of way; running thence
the north side of Seaboard Airline Railroad right of way 232.12 feet
pin; thence north 17 degrees 18 minutes 40 seconds east 95 feet to a point;
72 degrees 41 minutes 20 seconds east 153 feet more or less to the
a thence running in a generally northerly direction along the
centerline of said creek and following the meanderings thereof 2,083 feet more or
less to south side of' Cooper Lake Road; running thence westerly and northwesterly
along the south and southwest side of Cooper Lake Road 853.34 feet more or :Less to
the iron and the point of BEGINNING.
All that tract or parcel of land lying and being in
and the 17th District, 2nd Section, Cobb County, Georgia,
cularly described as follows:
Land Lots 547, 548
being more parti-
BEGINNING at the point of intersection of the east line of Land Lot 547 with the
October 3, 1983 - Continued
northeast line of' right of way of the Seaboard Airline Railway, said right of way
being 170 feet in width at the point of beginning; running thence north 74 degrees
10 minutes west along the right o:f way of the Seaboard Airline Railway 832.3 feet;
thence north 15 degrees 50 minutes east 95 feet; thence north 74 degrees 10 minutes
west 150 feet, more or less, to the center of a creek; thence northeasterly along
the centerline of said creek and f'ollowing the meanderings thereo:f 1,043 feet, more
or less, to the junction of the centerline o:f said creek with the centerline of a
tributary branch; thence northeasterly along the centerline o:f said branch and
fOllowing the meanderings thereo:f 918 feet, more or less, to the east line of Land
Lot 549; thence south 1 degree 4 minutes east along the east line of Land Lots 549,
548 and 547, a distance of 1,611 :feet, more or less, to 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
legal representative, of 60% of the land area above
E. EARLY, DAVID LOGEL & MARY L. ARTRESS
of the fee simple title, or his
described by acreage: s/MILDRED
Sarah Jones made a motion the signatures be validated and the public
for November 7, 1983. Jack Shinall seconded the motion which tied 3-3.
was Sarah Jones, Jack Shinall and Jim Hawkins. Opposed was James Williams,
and Jim Tolleson. Mayor Bacon voted in the af':firmative to break the tie
the motion.
hearing set
Voting for
Max Bacon
and carry
Validation of Signatures:
J. Chastain as follows:
Attorney Camp read an application for annexation by Paul
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 69904 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 Original Land Lot
the 17th District, 2nd Section, Cobb County, Georgia, as shown by plat
tember 19, 1983, made by Paul Lee Consulting Engineering Associates,
more particularly described as :follows:
No. 349 of
dated Sep-
Inc., being
BEGINNING at an iron pin located on the northerly right of way of Pat Mell Road (said
road having a 40 foot right of way) 274.9 feet east of the intersection of' the
northerly right of way of' Pat Mell Road with the old right of way line of Old Concord
Road (as it existed in 1967 which was a 30 foot right of way), said POINT OF BEGINNING
also being the southeast corner of property now or f'ormerly owned by William M. Watson
and Ernest W. Barrett; running thence north 01 degrees 51 minutes 36 seconds east
465.70 feet to an iron pin; running thence south 67 degrees 48 minutes 50 seconds
east 175.70 feet to an iron pin; running thence south 03 degrees 11 minutes 39 seconds
west 406.80 feet to an iron pin located on the northerly right of way of Pat Mell
Road; running thence north 87 degrees 23 minutes 39 seconds west along and following
the curvature of tbe northerly right of way of Pat Mell Road 155.3 feet to the iron
pin located at 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
legal representative,
J. CHASTAIN
of'
of
record
of the
title
land
holders of
area above
the fee
described
simple title,
by acreage:
or his
s/PAUL
the
60%
Jim Hawkins made a motion the signature be validated and the public hearing set for
November 7, 1983. Jack Shinall seconded the motion which carried 6-0.
Attorney Camp read an application for annexation by Mar-
as
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
October 3, 1983 - Continued
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 Lot 631 of the 17th District
2nd Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a concrete monument on the west right of way of' Jonquil Drive, 581.4
f'eet south of Old Spring Road; thence southeasterly along the west right of way of
Jonquil Drive 99.5 feet to a point; thence north 86 degrees, 44 13 seconds
west a distance of 170.00 f'eet to a point; thence north 3 degrees, 46 minutes 15
seconds a distance of 44.14 feet to the south right of way of' Spring Road; thence
north 60 degrees, 23 minutes 35 seconds east a distance of' 132.57 feet along the
south right of way of Spring Road to a point; thence south 61 degrees, 48 minutes
06 seconds east a distance of 43.63 f'eet to 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
legal representative,
GUERITE D. LITTLE
of
of'
the
60%
record
of the
title
land
holders of
area above
the fee simple title,
described by acreage:
or his
s/MAR-
Max Bacon made a motion the signature be validated and the public hearing set for
November 7, 1983. James Williams seconded the motion which carried 6-0.
Bid Opening: Bids for the re-roofing of three city buildings were opened, read and
recorded as follows:
Tri-County Roof'ing
Main Fire Station
Hall Annex
Fire Station #3 -
$1,220
$7,220
$7,860
$5,540
- $2,360
$5,040
Main Fire Station
City Hall Annex -
A&R Building Maintenance
City Hall Annex - $10,314
Fire Station #3 - $13,550
Main Fire Station - $2,100
Jim Hawkins
authority to
made
award
a motion the
the low bid.
bids
Jim
be turned over
Tolleson seconded
to the Finance Committee
the motion which carried
with
6-0.
Bid Opening: Bids for three (3) pickup trucks for the Water Department were opened,
read and recorded as follows:
Neal Pope Ford
$8,085.31 ea. (v8 with air conditioning & radio)
$7,104.46 ea. (6 cylinder)
Wade Ford
$8,150.00 ea. (v8 with air conditioning & radio)
$7,237.00 (6 cylinder)
Capital Ford Truck Sales
$8,646.91 ea. (v8 with air conditioning & radio)
$7,717.28 ea. (6 cylinder)
Jim Tolleson made a motion the bids be turned over to committee authority to
act on low bid, seconded by James Williams. Jack Shinall said there was a very
small dif'f'erence in the bid from Wade Ford and the one from Neal Pope and would like
to award the bid to Wade Ford since they are located in the City. discussion,
the motion and second were withdrawn. Jim Tolleson then made a motion the bids be
turned to committee with authority to act on the lowest reasonable bid that
meets James Williams seconded the motion which carried 5-1, with
Max Bacon opposed.
Jim
not
Hawkins said the
been mailed due
curbing bids for IVlcLinden,
to the red tape involved in
McCauley and Medl:i.n Streets
the Block Grant program and
have
made
a motion this item be removed from the agenda. Jack Shinall seconded the motion which
carried 6-0.
Jim Tolleson said that bids were opened September 6th f'or the repair or removal of
the water tower. The lowest bid received was from Rumsey Steeplejacks at $19,325
to repair, and $7,950 to remove. Jim David had recommended the tower be removed due
to deterioration and the possibility that stagnant water may get into our water
supply. Jim Tolleson made a motion Rumsey Steeplejacks be awarded the bid to remove
the water tower. Jim Hawkins seconded the motion which carried 6-0.
Jim Tolleson said the committee had recommended the bid for a garbage truck be award-
ed to Commercial Equipment at $49,984.27. This was not the lowest bid submitted,
but :it was closer to meeting our spec:if'ications. This truck has a larger capacity
and will save on trips made to the dump. Jim Tolleson made a motion the bid be award-
ed to Commerc:ial Equipment. Max Bacon seconded the motion which carried 6-0.
Approval o:f Minutes: Jim HaWkins made a motion the minutes of September 6, 1983
be approved as submitted. James Williams seconded the motion which carried 6-0.
James Williams made a motion the minutes o:f September 19, 1983 be approved as sub-
mitted. Jim Hawkins seconded the motion which carried 6-0.
Jim Tolleson said Jim David had been asked to contact the State about signalization
of traf:fic lights at Spring Street and Village Parkway. Jim said the light is needed
now, and traff'ic is picking up every day. A bid was received from A&P Signal Company
f'or $12,900 and $500 to upgrade the light on Spring at Glenroy. These two lights
would be synchronized to not cause any delay. Jim Tolleson made a motion that $13,400
be approved to install these lights, to be paid from State Grants. James Williams
seconded the motion which carried 6-0.
Jim '.rolleson made a motion the Mayor be authorized to sign a contract with Complete
Refuse Removal to handle all commercial and apartment customers. Also included in
the contract is a rate increase for these customers. Jim said the changeover would
go into effect November 1, 1983. Max Bacon seconded the motion which carried 6-0.
Commi ttee Reports: Jack Shinall said at the last meeting he had asked about the
timing on the trafflc lights on South Cobb Drive at Church, Cherokee and Powder
Springs Street and asked Vic Broyles for a report. Vic said they had requested the
State to check into this and were waiting for a report f'rom them.
Jim Hawkins said he had been trying f'or a long
McLinden, McCauley and Medlin Streets and wanted
that he was not giv:ing up and we will get bids out.
time to get curbing
to assure the people
approved for
1 i ving there
Jim Tolleson said Dot Mathis at the Spring Road fruit stand had been given a letter
stating that today was the deadline f'or her to bring her business in compliance with
our ordinance and asked Mr. Camp what action we should take. Mr. Camp said we could
either have a show cause hearing as to why her license should not be revoked or handle
as a nuisance complaint and f'iled in Superior Court. Mr. Camp suggested they wait
to give him another chance to talk to Ms. Mathis' lawyer again before taking any
action.
(Library) Doris Morris reported on library activities and said that Smyrna Cable
TV was now televising their pre-school story time on Wednesdays.
Mayor Bacon read a letter from Dr. Bennie Norton requesting that Fawn Lane be re-
opened and the cul-de-sac extended to allow the construction of 8 homes in his new
development. This street was closed in 1974 but was not posted or advertised as it
should have been. Mr. Camp said be:fore the street is re-opened it should be prop-
erly posted and advertised. Sarah Jones then made a motion the rules be suspended
to place a motion on the :floor. Jim Hawkins seconded the motion which carried 5-1,
with Max Bacon opposed.
Jim Hawkins made a motion the re-opening o:f Fawn Lane be posted and advertised f'or
a pUblic hearing to be held October 17, 1983, seconded by Sarah Jones. Max Bacon
said he felt they were acting too quickly in setting the hearing for the next meeting
without knowing more about their plans. After discussion, Jack Shinall made a motion
this be tabled to the next meeting, seconded by Max Bacon. Vote on the motion tied
3-3, with James Williams, Max Bacon and Jack Shinall for; Sarah Jones, Jim Tolleson
and Jim Hawkins against. Mayor Bacon voted against the motion to table, and break
the tie.
October 3, 1983 - Continued
Jim Hawkins then made a motion a public hearing be set for October 17th to consider
the re-opening of this street. Sarah Jones seconded the motion which carried 4-2,
with Max Bacon and Jack Shinall opposed.
With no further business, meeting adjourned at 9:26 p.m.
************************
October 17, 1983
The scheduled meeting of Mayor and Council was held October 17, 1983 at Smyrna
City Hall. 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 James Williams who
was out . Also present was City Attorney Charles E. Camp, City Clerk Willouise
Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant PUblic
Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant
City Clerk. Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim
Farley, Librarian Doris Morris and representatives of the press.
Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag.
Morris Howell, owner of Park and Pawn on South Cobb Drive complained
in the shopping center where his business is located. Mr. Howell said
his peJ;'sonal car had been damaged with a hammer and two months ago, four vehicles
that pawned had received broken windows and punctured tires. Chief Little
said his people had been working on this and would like to meet with Mr. Howell later
to see what could be worked out.
Mac ReeVes, owner of McArthur Park next door said Mr. Howell had some harsh words
to say him after these incidents occurred but he had done everyt.hing he knew to
make safer and had also made a number of improvements to the outside.
Mac said they also had been having problems and wanted to do what they could to re-
solve them. Mayor Bacon suggested the two men meet together and try to work out their
differences.
Max Bac on
Recreation
ship. Max
Mr. Arnold
stated that Bob Arnold had served the City for 10 years on the Parks and
Commission, and was Chairman the last 4 years with unquestionable leader-
read a proclamation for Bob Arnold Day, October 17th. Max also presented
with the traditional crystal jonquil.
Mayor Bacon recognized members of Boy Scout Troop 732 who attended the meeting to
receive credit toward their communication merit badge.
Max Bacon made a motion that Char:Les Cook be appointed to the Parks
CommisSiQnto fill the unexpired term of Bob Arno:Ld, representing Ward
seconded the motion which carried 6-0.
and Recrea-tion
2. Jim Tolleson
Fawn Lane Opening: Mayor Bacon said we had received a request from Dr. Bennie Norton
to ex-tend the dead-end of Fawn Lane approximately 200 feet for constI>uction of 8
or 9 homes at the end of a cul-de-sac. This street was closed by council action in
1972, but WaS not properly advertised. Dr. Norton said at the present time, the lots
where the homes are to be built are in the county but they would probably be annexed
into the City. The re-opening of the street was posted and advertised f'or 2 weeks
in the newspaper, and there was no opposition from the audience.
Jim
reponse
before
and felt
said if the homes are built the City would actually
f'or police or fire protection and felt we should
any action on the street. Max Bacon said he had talked
property would be annexed.
making f'irst
the property
to Dr. Norton
After discussion, Sarah Jones made a motion the street be re-opened for the
construction of these homes. Elbert Coalson seconded the motion which carried 6-0.
RmldY Place requested a residentia:L business license
Street, apartment A-5. There was no opposition and Mr.
from the apartment management stating they had no obj ection. Mr.
be placing bands and musicians by telephone and they would not
be coming to and i'rom the apartment. Jack Shinall made a motion the license be approv-
ed. Max BaCOn seconded the motion which carried 6-0.
Commercial Build~ng Permits: Commerc~al building permits were presented by Inspector
Larry Dunn and upon his recommendat~on, the following approved:
(1) K~ng Spring Village requested a permit for new construction at a total estimated
cost of $5,000,000. Sarah Jones made a motion the permit be approved subject to the
approval of the Fire Marshal and City Engineer. Jack Shinall seconded the motion
wh~ch carried 6-0.
Validation of Signatures:
Pickens as follows:
Attorney Camp read an appl~cation for annexation by Cecil
We the undersigned, who constitute sixty percent (60%) of the owners of the land
area by acreage of the area described below, which is un~ncorporated and contiguous
to the City of Smyrna, hereby apply to have said area annexed into the City of' Smyrna
under the prov~sions of' the Code of Georgia Annotated, Sections 69904 through 69-
912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages
1011, 1012; sa~d property to be annexed being descr~bed as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 412, 17th District,
2nd Section, Cobb County, Georgia being more particularly described as follows:
BEGINNING at a point, said point located on the north right of way of Lake Drive
(40' r~ght of way) 550 feet west of the intersection of the north right of way of
Lake Drive and west r~ght of way of South Cobb Drive, going thence along the right
of way of Lake Drive 100.0 feet to a po~nt, thence north 55 degrees 26 m~nutes 24
seconds west a d~stance of 399.51 feet to a point, thence north 54 degrees 29 minutes
60 seconds east a d~stance of 187.91 feet to a po~nt, thence south 42 degrees 53
m~nutes 05 seconds east 357.69 f'eet to a point, said point being the point of' BEG-
INNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
W~tness the signature
legal representative,
PICKENS
of
of
t~tle
land
holders of the f'ee
area above described
or his
s/CECIL
simple title,
by acreage:
the
60%
record
of the
Jim HaWkins made a mot~on the s~gnature be val~dated and the public hear~ng set for
November 7, 1983. Jack Sh~nall seconded the motion which carried 6-0.
Attorney Camp said that Elect~on Superintendent Dusty Bennett had been in touch with
h~m concerning the sale of alcoholic beverages ~n the uncontested wards for the Nov-
ember 1st election. Mr. Camp said the sales would be allowed in the wards in which
there is no contested races mld there is no city wide race. Further, the State code
allows the C~ty to amend ~ts ord~nance to allow sale of alcoholic beveraves on local
election days. Mr. Camp read the proposed ordinance amendment as follows:
AN ORDINANCE OF THE CITY OF SMYRNA TO AMEND THE CODE OF ORDINANCES BY ADDING A NEW
SECTION 3-67 SO AS TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES ON LOCAL ELECTION DAYS;
AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the C~ty of Smyrna and it is hereby or-
da~ned by authority of same as follows:
A new Sect~on 3-67
erages ~n the City
reads as follOWS:
created so as to permit
local election days so
of alcoholic bev-
Section 3-67 (e)
the
that
sale
said
(e)
of
is hereby
Smyrna on
Section 3-67 (e)
"The sale of alcohol~c beverages in the City of Smyrna shall be permitted on local
and special election days as the same is defined in Georgia Code Section 3-3-20.
This ordinance is passed pursuant to Georgia Code Section 3-3-20, as amended in 1981,
by "the General Assembly of' the State of Georgia, so as to authorize municipalities
to permit the sale of alcoholic beverages on local election days."
All ordinances or parts of' ordinances ~n conf'lict herew~th are hereby repealed.
On adoption by the Mayor and Council of the City of Smyrna, this ordinance shall
become part of the Code of' Ordinances of the City of Smyrna, Georg~a, as amended
and shall have the f'ull force and effect of' all ordinances therein codified.
October 17, 1983 - Continued
Elbert Coalson made a motion the ordinance amendment be approved. Max Bacon seconded
the motion which carried 4-1-1, with Jim Hawkins opposed and Sarah Jones abstaining.
Ordinance Amendment: Attorney Camp read proposed amendments to the Fi're Prevention
Ordinance and Fire Prevention Code as follows:
Section 10-20. Adoption of Code.
There is hereby adopted by the City for the purpose of prescribing regulations
governing conditions hazardous to lif'e and property from fire or exp~osion, those
certain codes known as the Fire Prevention Code, recommended by the American Insurance
Association, being particular~y the 1976 edition thereof'; the National Fire Codes,
all vo~umes, being particular~y the 1983 edition thereof, published by the Nationa~
Fire Protection Association; and the Life Safety Code, being particular~y the 1981
edition thereof, published by the National Fire Protection Association; and the whole
thereof, save and except such portions as are hereinafter deleted, modified or
amended, or are in conflict with this Code of Ordinances, of which codes at least
one copy of each have been and now are filed in the office of the clerk of the city,
and the same are hereby adopted and incorporated as f'ully as if' set out at length
herein, and from the date on which this section shall take effect, the provisions
thereof shall be controlling within the limits of the city.
Section 10-25. Establishment of limits in which bulk storage of liquefied petrol-
eum gases is to be restricted.
Add subsection (a): Exception, Propane Gas, to be installed and maintained in strict
accordance with the 1983 National Fire Protection Association Code, Standard 58.
City of' Smyrna Fire Prevention Code A.I.A. 1976 Edition
Section 16.22.
Add subsection
accordance with
Installation of outside above ground tanks.
(a.l): Exception, Propane, to be installed and maintained
the 1983 National Fire Protect:ton Association Code, Standard
in strict
58.
Section 21.6. Location
Add subsection (a.l):
strict accordance with
58.
of Containers.
Exception, Propane Gas, to be installed and
the 1983 National Fire Protection Association
maintained in
Code, Standard
Max Bacon made a motion the amendments be approved. Jack Shinall seconded the motion
which carried 6-0.
Ordinance Amendment:
lows:
Sarah Jones read a proposed amendment to the ordinance as f'ol-
Sect-ion 906.3.
Required Parking Spaces.
Business, professional offices and ~linics.
One (1) space
the exception
space.
per two
of halls,
hundred
foyers,
fif'ty (250) square feet of
bath room areas, elevators
gross floor space,
or other non-tenant
with
floor
Sarah Jones
motion which
made a
carried
motion
6-0.
the
amendment
be
approved.
Elbert
Coalson
seconded
the
Bid Award: Max Bacon said after reviewing both bids,
recommended the Fowler Agency be awarded the liability
sionalS and public officials at a bid price of $9,798.
bid be awarded to Fowler Agency. Jim Hawkins seconded the
the Insurance Committee had
insurance for police profes-
Max Bacon made a motion the
motion which carried 6-0.
Jack Shinall said two very good engineering firms had bid
land plan and made a motion the bid be awarded to Hensley-Schmid"t,
at $8,790. Max Bacon seconded the motion which carried 6-0.
on our future
the low bidder
Mayor Bacon announced that he
Jim Tolleson, James Will iams and Max
goal will be to contact business people to see if we
up Atlanta Road.
had formed a beautif'ication com-
Bacon serving as members. Their
can't do something about cleaning
Mayor Bacon
f'ire
Mayor
be enf'orced.
said in the las't few days we have had calls about
Shopping centers and last Friday he observed 38
said there is a $30 f'ine f'or parking in these
peop~e pa:I;'king in the
cars parked illegally.
f'ire lanes and it will
October 17, 1983 - Continued
Mayor Bacon said that some of' our city vehicles are in terrible shape and he was
going to reactivate the Accident Review Board. Mayor Bacon read a letter which will
be sent to each department head of the City regarding accidents or damage to vehicles.
Jim Tolleson said we have been notified by the State that
been re-certified. Kathy Barton and her committee did a good
will receive the Certif'ied Cities award on October 28th.
the City
job and
of Smyrna has
city officials
Max Bacon recognized Buddy Darden, candidate in the 7th District Congressional race
who was in the audience.
(Parks) Max Bacon said the lOth annual Halloween Carnival would be October 31st
at Cobb Center, from 6:30 p.m. to 9:00 p.m.
Max Bacon said we had purchased a curbing machine several months ago which was totally
unsatisfactory and asked Vic Broyles what was being done. Mr. Broyles said he had
called Hamilton-Bryant several times and would be contacting the factory. Max Bacon
said he would like to authorize Mr. Camp to write the people this machine was purch-
ased from.
(Finance) Jim Hawkins reminded everyone of the November 14th deadline for paying
property taxes without a penalty.
Jim Hawkins also said he appreciated Bob Arnold and thanked him for an outstanding
job.
Jim Hawkins said he wanted the residents of' McLinden, McCauley and Medlin Street
to know he was still working on curbing f'or their streets.
Jack Shinall said the dumpster at Church Street pool stayed full all the time because
others are using it and wanted to know if it could be relocated. Vic Broyles said
they could not move it to the rear of the building because the pavement would not
support the large trucks. Vic said he would get together with Sherry and see what
they could work out.
Jack Shinall reminded everyone to turn in their priority list of street repairs to
be made in their ward.
Elbert Coalson said it was good to be back after missing two meetings and thanked
everyone for their prayers and concern.
Sarah Jones reported the Smyrna Rescue Association would have a country music show
at Grif'f'in School on December 3rd and tickets will be sold by our volunteers.
Sarah Jones also reminded everyone to vote tomorrow in the special election for the
congressional race.
With no further business, meeting adjourned at 8:33 p.m.
ARTHUR T. BACON, MAYOR