09-19-1983 Regular MeetingSeptember 6, 1983 - Continued
Sarah Jones made a motion the minutes of August 15, 1983 be approved as submitted.
Jim Hawkins seconded the motion which carried 7-0.
Committee Reports: . (Water) Jim Tolleson made a motion the rules be suspended to
place a motion on the floor. Max Bacon seconded the motion which carried 7-0. Jim
Tolleson read a letter from the Sanitation Department requesting permission to move
the dumpster located at the City dump to the office on Smyrnahill Road which would
be more convenient for the citizens and would save the City $3,200 per year. Mr.
James Turnipseed from the audience asked to speak. Mr. Turnipseed said he had called
the sanitation department several times to pick up some limbs and leaves. They never
picked them up and on Saturday he took a load to the dump. When he went back the
second time at 3:45, it was closed and the gate locked. Mr. Turnipseed said he called
the police station but no� one knew where the key was. Vic Broyles said that even
though the dump is supposed to be open until 4:00 on Saturday, more than likely the
dumpster was already full and when this happens, they close it rather than have people
dump trash on the ground.
Jim Tolleson made a motion approval be given to move the dumpster to Springhill Road.
Max Bacon seconded the motion which carried 7-0.
(Finance) Jim Hawkins made a motion the rules be suspended to place a motion on
the floor. Jack Shinall seconded the motion which carried 7-0.
Jim Hawkins said the auditor had recommended the money collected from Ridgeview Insti-
tute be handled as a separate account to be called an Enterprise Fund. Jim Hawkins
made a motion that Willouise Spivey be authorized to open 'a separate account which
will be used only for long range capital improvements. Jack Shinall seconded the
motion which carried 5-1, with James Williams opposed and Max Bacon abstaining.
Jim Hawkins expressed his sympathy over the death of Claude Eason. Jim said he was
a good citizen and friend. Jim also said the death of Larry McDonald was the biggest
loss this country has had in quite some time, and we have lost.a good American.
Jack Shinall said he had received complaints about the timing on the traffic lights
at Church Street, Powder Springs Street and Cherokee Road and asked Vic Broyles to
have them checked.
(Library) Doris Morris gave a report on library activities.
Elbert Coalson said this is the first time he has served as Chairman of the Library
Committee and commended Mrs. Morris and her staff for the fine job they are doing.
Mayor Bacon and all Council spoke on the Local Option Sales Tax referendum coming
up on September 13th and urged everyone to support it. If approved, it will reduce
our property taxes and within the next 4 or 5 years, could practically eliminate
ad valorem taxes.
Announcements: Election September 13th; next council meeting September l9th; Jonquil
Fall Festival September 24th.
With no further business, meeting adjourned at 8:50 p.m.
September 19, 1983
The regular scheduled meeting of Mayor and Council was held September 19, 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 Elbert Coalson
and Jim Tolleson. Also present was City Attorney Charles E. Camp, City Clerk Willouise
Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Librarian Doris
Morris, Building Inspector Larry Dunn, Civil Defense Director Jim Farley and
representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
I
There were no citizen reports.
September 19, 1983 - Continued
Rezoning: Henry G. Kalb requested rezoning of 7.8 acres in Land Lots 607 and 618
from Residential to Light Industry. Mr. Kalb and Mary Stewart, representing the oppo-
sition, were sworn in by Attorney Camp. Mr. Kalb said this property was located at
4884 Argo Road about 1 mile west of South Cobb Drive. If rezoned, traffic to the
property would be from South Cobb Drive to Camp Highland Road, to Argo Road and there
would not be any traffic through Kenwood Subdivision. Mr. Kalb said there is already
a lot of traffic on Argo Road from Kenwood School, and also a lot of questionable
activities taking place around the school. His property adjoins the Highlands Indus-
trial Park which is also zoned industrial. Mr. Kalb presented proposed plans and
said he anticipated the development to be used for an office distributional center
for small businesses. -Allen Road separates his property from the industrial park
but it is not a dedicated street. Jim Hawkins asked Mr. Kalb if he would develop
the property himself or sell it. Mr. Kalb said he would probably sell, but may develop
it himself.
Mary Stewart said the homeowners on Argo Road were already. engulfed by industry and
bothered by the noise and smoke. Mrs. Stewart said if this property is rezoned, they
would like some assurance that the same buffers will be required as the industrial
park.
Mayor Bacon read the minutes from the Planning and Zoning Board meeting where they
recommended the zoning. be approved. With reference to the buffers, Attorney Camp
said our ordinance requires certain buffers but these will not be as large as the
Highland Park buffers because theirs would exceed our ordinance. Mr. Kalb said he
would have a 50 foot buffer according to our ordinance and they could not increase
that due to the lot size.
Jim Hawkins said he was concerned about tractor trailer trucks using Camp Highland
Road and said the Light Industry classification requires accesibility to major thor-
oughfares. " . 'r,
Sarah Jones said she did not feel they should act on this until they knew for sure
that Camp Highland Road would.handle the traffic and1made a motion this be tabled
to the next meeting. James Williams seconded the motion which carried 4-1, with Max
Bacon opposed.
Variance: Larry Dover requested a side yard setback variance to build a carport
roof adjoining his house at 1735 Creat Trail. Max Bacon said he already had the drive-
way and wanted to extend the roof which will come to within 1 foot of the property
line. A letter has been submitted by Mary Cagle, the adjoining property owner, stating
she has no objections. Max Bacon made a motion the variance be approved. Jack Shinall
seconded the motion which carried 5-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and upon his recommendation, the following approved:
(1) Kayo Oil Company, 2400 Atlanta Road, requested a permit to add a canopy at a
total estimated cost of $6,000. Jim Hawkins made a motion the permit be approved
subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the
motion which carried 5-0.
(2) Allen Howard requested a permit for construction of a radio transmission tower
on Corn Road at an estimated cost of $87,000. A representative said the tower would
be used for mobile telephones, on an ultra high frequency UHF channel. The tower
will be 95 feet, and Attorney Camp said the height restriction does not apply to
radio transmission towers. Sarah Jones made a motion the permit be approved subject
to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion
which carried 5-0.
Residential Business License: Betty Chartier, applicant was not present and Sarah
Jones made a motion this be tabled to the next meeting. Jim Hawkins seconded the
motion which carried 5-0.
Privilege License: John Mann requested a liquor, beer and wine pouring license for
Rustler's Restaurant, 1047 Cherokee Road. This location was formerly The Country
Club, and Mr. Mann said this would be a restaurant rather than a night club. There
was no opposition from the audience and James Williams stated the p9lice investigation
was favorable. James- Williams made a motion the license be approved. Sarah Jones
seconded the motion which carried 5-0.
Precious Metals License: Sam L. Banks requested a precious metals dealer license
for Banks Jewelers Service, 645 Cherokee Road. Mr. Banks said he was presently oper-
September 19, 1983 - Continued
ating as a jewelry craftsman using precious metals and stones. James Williams stated
the police investigation was favorable and made a motion the license be approved.
Jack Shinall seconded the motion which carried 5-0.
Business License: Kenneth Lamar Ransom requested a business license to operate Cobb
County Taxi, 1521 Austell Road within the City. Mr. Ransom said this was a new bus-
iness started the first of this year in Cobb County, but he previously had 6 years
experience in the taxi business. He has 8 cars now and requires a very strict inves-
tigation of his drivers who must be 21 years of age and have a clean driving record.
In addition, he offers a 20% discount to someone who has been drinking, in an effort
to keep drunk drivers off the road. There was no opposition from the audience and
Max Bacon made a motion the license be approved. Jim Hawkins seconded the motion
which carried 5-0.
Jack Shinall stated that when bids were opened on two pickup trucks, they had asked
for bids on one small truck and one large size. Since that time it was decided that
three full size trucks were needed in the Water Department. Jack made a motion the
previous bids be rejected and bids requested for 3 full size pickup trucks. Jim Haw-
kins seconded the motion which carried 5-0.
In the absence of Jim Tolleson, Max Bacon made a motion the report on bids for the
water tower be tabled to the next meeting. Jim Hawkins seconded the motion which
carried 5-0.
Bid Opening: Bids for a garbage truck were opened, read and recorded as follows:
Commercial Equipment Sales & Service $49,984.27
Municipal Equipment Sales $44,236.86 t"' 11 -
(Alternate bid $47,919.42) (Exceeds specifications)
Williams Equipment s48,036.00 (does not comply with exact specifications)
(Alternate bid $43,792,.00)
Jack Shinall made a motion the bids be turned over to the Sanitation Committee with
their recommendation back to full council at the next meeting. Sarah Jones seconded
the motion which carried 5-0.
Bid Opening: Bids for a future land use plan were opened, read and recorded as fol-
lows:
Welker & Associates $14,500
Hensley -Schmidt $8,790
Jim Hawkins made a motion the bids be reviewed by full council. James Williams second-
ed the motion which carried 5-0.
Bid Opening: Bids on a cleaning service for the Police Department were opened, read
and recorded as follows:
Building Services Co. $690 per month
Floyd Warner, Jr. $500 per month
Sue Helton $500 per month
Executive Cleaning, Inc. $495 per month
Coverall $435 per month
James Williams made a motion the bids be turned over to the Public Safety Committee
with their recommendation back to full Council October 3rd. Jack Shinall seconded
the motion which carried 5-0.
Jack Shinall made a motion bids be requested on the re -roofing of the main fire sta-
tion, fire station #3 and the City Hall annex building. James Williams seconded the
motion which carried 5-0.
Committee Reports: (Parks) Max Bacon made a motion the rules be suspended to place
a motion on the floor. Jack Shinall seconded the motion which carried 5-0.
September 19, 1983 - Continued
Max Bacon read a proclamation recognizing Cobb County's 150th Birthday and made a
motion it be adopted. Sarah Jones seconded the motion which carried 5-0.
In conjunction with the Sesquicentennial, Max reminded everyone of the Jonquil City
Fall Festival on September 24th; the parade on the square in Marietta also on the
24th; Smyrna's historical tour on September 26th; Concert on the Grounds September
26th at Brawner's; the Smyrna Reunion Barbecue at the American Legion on October
lst. . I
(Public Safety) James Williams said the new aerial truck has arrived and invited
everyone to stop by the main fire station to see -it.
(Water) Jack Shinall said we had a major water line break on.South Cobb Drive this
morning and our crews are still working on it.
(Library) Doris Morris said the Library would have a booth at the Fall Festival
and reminded everyone of the last day to register to vote, October 3rd.
Mayor Bacon said there were only two contested races in the November lst election
and asked everyone to still keep in mind their responsibility to do the best job
they can for the City.
With no further business, meeting adjourned at 8:40 p.m.
ARTHUR T. BACON, MAYOR
SARAH JONES, WARD 7
WILLOUISE Ci.,-,SPIVEY,iCITY AERK
MAX BACON, WARD 2
JAMES M. HAWKINS, WARD 4
ELBERT R. COALSON, WARD 6
t Ward 5 & 7
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION 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 and 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-516 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
ARTHUR T. BACON
803
JACK SHINALL
323
COUNCILMAN WARD
#1
JAY WALLACE
177
JIM TOLLESON
1
COUNCILMAN WARD
#6
COUNCILMAN WARD
#2
VERA KATHLEEN (KATHY) i.,f;0
BROOKS
1
MAX BACON
1
COUNCILMAN -WARD
#7
COUNCILMAN WARD
#3
SARAH M. JONES
83
JAMES WILLIAMS
I
HUGH A. RAGAN
541
COUNCILMAN WARD
#4
JIM HAWKINS
1
We therefore certify to the Mayor and Council of the City of Smyrna, the election
of:
MAYOR
ARTHUR T. BACON
COUNCILMAN
WARD
#1
�IM TOLLESON
COUNCILMAN
WARD
#2
MAX BACON
COUNCILMAN
WARD
#3
JAMES WILLIAMS
COUNCILMAN
WARD
#4
JIM HAWKINS
COUNCIL14AN
WARD
#5
JACK SHINALL
COUNCILMAN
WARD
#6
VERA KATHLEEN (KATHY) BROOKS
COUNCILMAN
WARD
#7
HUGH RAGAN
They have received a majority of the votes cast.
Z V - f & 1
SMYRNA WARD #5
SMYRNA WARD #7
F,
mnw,
(ATTEST)
WILLOUISE SPIVEi. C Y CLERK/
(DATE)
1,993
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CUMBERLAND RETIREMENT SERVICES, INC.
1480 SANDTOWN ROAD
MARIETTA, GEORIGA 30060
( 4 0 4 ) 42 2--'1.7 5 �
July 7, 1983
Mayor & City Council
City Hall
Smyrna, Georgia 30080
Dear Mayor and C6uncilmembers:
This letter is to advise that Cumberland Retirement
Services., the owner of twenty (20) acres of land on the
south-west corner of South Cobb Drive and King Springs Road,
agrees to convey to the City of Smyrna for expanded right -of
-way purposes, a portion of its land ten ft. (10) wide for
the full length of its property, running East and West on the
South side of King Springs Road. In turn we respectfully
request that we be granted a 10 ft. variance on set -back
requirements.
Thank you for your continued cooperation as we work
together to bring this excellent project to our community.
S*
-Z 1 4
Gerald A. Bishop, President
Cumberland Retirement Services
GB: dm