09-20-1982 Regular MeetingI
September 7, 1982 - Continued
Jim Tolleson said our cost for underground garbage can units and liners has
increased. At the present time, we are paying $112-93 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.
Report on Bid Award: James Williams said the lowest bid on the two air packs for
Civil Defense was $1,885, with $1,440 budgeted for this equipment. James made a
motion we accept the low bid, with the.$445 excess to be paid from the General
Fund. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Approval of Minutes: Jim Tolleson made a motion the minutes of August 2, 1982
be approved as submitted. Max Bacon seconded the motion which carried by a 6-0 vote.
Jim Tolleson made a motion the minutes of August 16, 1982 be approved as submitted.
James Williams seconded the motion which carried 6-0.
Jack Shinall stated we have received proposals for three paving projects and
made a motion they be accepted, as follows, to be paid from State Grants.
Highland Drive - $4,140
Parking Lot at City Hall - $4,200
Cherokee Road - $3,150
Sarah Jones seconded the motion for discussion. Sarah said with the cost involved,
she felt we should request bids and have other comparisons before awarding the
contract. Jack Shinall amended the motion to state that bids be requested on
these projects, to be opened at the next meeting. Sarah Jones seconded the motion
which carried by a 6-0 vote.
Committee Reports: Jim Tolleson said he had a letter from some of the residents
on Glenroy and Dundee requesting permission to close a portion of both streets for
a block party on September Ilth, from 6:00 to 11:00 p.m., and made a motion it be
approved. Jim Hawkins seconded the motion which carried 6-0.
(Library) Doris Morris gave a report on library activities and expressed her
appreciation to the press for their excellent coverage.
Jack Shinall said he read in the paper where the City of Marietta plans to continue
annexing down Cobb Parkway and said these plans were consistent with the agree-
ment between the Board of Education and their city. Jack said he did not feel the
Board of Educat4on could speak for all the citizens of Cobb County and this is an'
attempt to undo any previous agreements we had. The City of Marietta ia annexing
property within our natural growth area and it takes money out of the school tax
and county tax digest. Jack §aid he felt it was time the legislators and people
of Cobb County let Marietta know, that although their annexation package is
attractive, it benefits no one but them.
(Parks) Sarah Jones said the terms for Parks and Recreation Commission members
from Wards 1, 3 and 6 would expire soon, and asked councilmen from these wards to
have their recommendations 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
The regular scheduled meeting of Mayor and Council was heId September 20, 1982 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. Also present
was City Attorney Charles Camp, City Clerk Willouise Spivey, R6]ice,Chi'ef R.'.EL'Li.ttle,
September 20, 1982 - Continued
Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and
Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Building
Inspector Larry Dunn and representatives of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the flag.
Citizen Reports: John Hicks, owner of several business in Smyrna, said he was
concerned with our sign ordinance. He said he was for a sign ordinance, but
thought ours was a little too restrictive for today's economy. The charge of $25
every three months for a portable sign was his main complaint. He asked Mayor and
Council to appoint a committee to meet with some business people to discuss the
ordinance, and hopefully make some changes where the little man could continue
to operate. Mayor Bacon-aske&the Chairman of that committee, Max Bacon, to set
up a meeting with the committee and some business owners, and review the sign
ordinance.
Appeal of Recorder's Court: Mr. Gerald Parker was not present for the hearing of
his appeal of -the recorder's court decision and Max Bacon made a motion the appeal
be dismissed. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Rezoning: William B. Anderson requested rezoning of property on South Cobb Drive
at McCauley Road from Future Commercial to Limited Commercial. John Dickson
represented Mr. Anderson and said the house on the lot was now vacant and' would
be. -leased or sold to a professional.t, There was no opposition and Jim-+16wkins.�made
a_motion�thd rezoning.beapo�oved. -Max Bacon -seconded the motion which carried by
a 7-0 vote. This property is known as 3573 South Cobb Drive.
Rezoning: Dorcas Eidson requested rezoning of property on South Cobb Drive at
McCauley Ro6d, known as 3565 South Cobb Drive, from Future Commercial to Limited
Commercial. John Dickson represented Mr. Eidson and said this lot adjoined the
one just rezoned for Mr. Anderson, and would be used for a barber shop at a later
date. There was no opposition and Jim Hawkins made a motion the rezoning be
approved. James Williams seconded the motion which carried by a 7-0 vote.
Rezoning: Dudley H. McDaniell requested rezoning of property at 1611 Smyrna
Roswell Road which fronts Hawthorne Avenue and Smyrna Roswell Road from Future
Commercial to Limited Commercial. Mr. Ted Jones represented Mr. McDaniell and
said there are presently two rental houses on the property, and if rezoned, Wegman
Construction Company, an interior contractor, would use one of the houses for
their office and lease the other structure. Also, both houses would be renovated.
Mr. Bud McCullough was opposed, and said his home was at the corner of Hawthorne
and Matthews Street. He said his lot had very little frontage now and was con-
cerned with the widening of Hawthorne Street which would take even more of his
front yard. Mayor Bacon said the county was doing the widening and we had no
control over it. Jack Shinall said that normally, the widening was divided
equally on both sides of the road. After further discussion it was found that
Mr. McCullough's property was not adjacent to the McDaniell property. There was
no further opposition and James Williams made a motion the zoning be approved.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Business License: Jack Shinall made a motion the request by A.A.A. Cab Company
to operate within the City be tabled to the next meeting. Max Bacon seconded the
motion which carried by a 7-0 vote.
Commercial Building Permits: Commercial building permits were presented by
Inspector Larry Dunn and recorded as follows:
(1) Nick Kipreos requested a building permit for a pizza restaurant at 860
Concord Road at an estimated cost of $25,000. Jim Hawkins made a motion the permit
be approved. Max Bacon seconded the motion which carried by a 7-0 vote.
Bid Openings: Bids for the Highview, Willowbrook and Deerwood outfall sewer lines
were opened, read and recorded as follows:
J. E. Lovern Construction Co.
Smyrna, Ga.
$102,553-00 - Base Bid
23,060-50 - Alt. #1
$125,613-50
D&H Construction $ 75,192.00 - Base Bid
Smyrna, Ga. 18,580-50 - Alt. #1
$ 93,772-50
September 20, 1982 - Continued
Nichols Contracting Co.
Mableton, Ga.
Marcon & Associates, Inc.
Smyrna, Ga.
Gem Contractors
$ 86,021-30 Base Bid
(7,448.26) Alt. #1
$ 78,573.6-4—
$177,433-50 - Base Bid
21,772.00 - Alt. #1
$199,205-50
$178,125-00 - Base Bid
30,817-00 - Alt. #1
$208,942. TO
Jim Tolleson made a motion the bids be turned over to the comm ittee for study,
with approval to act upon them or reject all bids. Sarah Jones seconded the motion
which carried by a 7-0 vote.
Bids for three paving projects were opened, read and recorded as follows:
City Hal I
Parking Lot
Ables Asphalt Paving $3,100-00
McIntosh Paving $2,444.40
Highland Drive
$3,310-00
$2,956.80
Cherokee Road Total
$3,500-00
$3,651.20
$9,910.00
$9,052.4o
S. J. Groves & Son $2,051-55 $2,481.60 $3,064.40 $7,597-55
Elbert Coalson made a motion the bids be turned over to the Street Committee, with
authority to award the low bid. Jim Hawkins seconded the motion which carried by
a 7-0 vote.
Validation of Signatures: Fred M. Shope requested annexation of property on
Spring Street in Land Lot 631. The application was read 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:
TRACT 1: All that tract or parcel of land lying and being in Land Lot 631
of the l7th District, 2nd Section, Cobb County, Georgia, and being a portion
of Lot 6, Jonquil Heights Subdivision, and being more particularly described
as follows: -
BEGINNING at a concrete marker at the southeast corner of the intersection
of Jonquil Drive and Love Street; running thence northeasterly along the
southeasterly side of the right of way of Love Street a distance of 104.4
feet to a point at the line dividing Original Lots 5 and 6, said subdivision;
running thence easterly along the line dividing said Lots 5 and 6 a distance
of 48 feet to a point; running thence southerly along the easterly line of
Original Lot 6 a distance of 84 feet to a point at the line dividing Lots
6 and 7, said subdivision; running thence westerly along the line dividing
Original Lots 6 and 7 a distance of 146.1 feet to a point on the easterly
side of Jonquil Drive; running thence northeasterly along the easterly side
of Jonquil Drive a distance of 29.6 feet to a concrete marker and the point
of beginning.
TRACT 2: 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 a portion
of Lot 7, Jonquil Heights Subdivision, as per plat of survey thereof describing
said subdivision, recorded in Plat Book 6, Page 159, Records of Cobb County,
Georgia, and being more 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
being at the line dividing Original Lots 6 and 7, said plat and subdivision);
running thence easterly along the line dividing Original Lots 6 and 7 a
distance of 146.1 feet to a point; running thence southerly a distance of
84 feet to an iron pin at the line dividing Lots 7 and 8, said plat and
subdivision; running thence westerly along the original line of Lots 7 and
8 a distance of 170 feet to an iron pin; running thence northeasterly at
an interior angle of 85 degrees 36 minutes a distance of 21.4 feet to a
concrete marker; continuing thence northeasterly along the southeasterly side
of the right of way of Jonquil Drive a distance of 66.6 feet to the point of
beginning.
TRACT 3: All that tract or parcel of land lying and being in Land Lot 631
of:the l7th District, 2nd Section, Cobb County, Georgia, and being a portion
of Lot 5, Jonquil Heights Subdivision, as per plat of survey thereof describing
said subdivision, recorded in Plat Book 6, Page 159, Records of Cobb County,
Georgia, and being more particularly described as follows:
BEGINNING at an iron pin on the southeasterly side of Love Street 161 feet
northeasterly along the southeasterly side of Love Street from a concrete
marker at the southeast corner of the intersection of the right of way of
Love Street and Jonquil Drive;.running thence southwesterly along the south-
easterly side of Love Street a distance of 56.6 feet to a point at the line
dividing Original Lots 5 and 6, said plat and subdivision; running thence
easterly along the line dividing Original Lots 5 and 6 a distance of 48
feet to a point; running thence northerly a distance of 30.7 feet to an
iron pin 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/FRED M. SHOPE, JR.
James Williams made a motion the signature be validated and the date of public
hearing be set for October 18, 1982. Jim Hawkins seconded the motion which carried
by a 7-0 vote.
Appointments to Parks & Recreation Commission: Jim Tolleson made a motion that
Fran Kington be reappointed to the Commission, representing Ward 1. Jim Hawkins
seconded the motion which carried by a 7-0 vote.
Jack Shinall 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 had resigned from the Parks Commission, and made
a motion that Mitchell Greeson be appointed to represent Ward 7. Elbert Coalson
seconded the motion which carried by a 7-0 vote.
Jack Shinall said with all the new electronic game machines in grocery stores,
restaurants, barber shops, etc., there seemed to be some misinterpretation of
the ordinance. These machines each require a $25 fee, with a label on each
machine, and would like to see the City begin strict enforcement of the ordinance.
Max Bacon said that Mr. Golden had already been doing some work on this, and felt
we needed to establish new guidelines in our ordinance for game rooms. Max said
our fees were much lower than other cities for the charge per machine. Jack
Shinall said he has received numerous complaints from parents about children
skipping school to go to the game rooms. Mayor Bacon said he had also received
calls from Campbell, Wills, and Nash Junior High about students skipping school
and going to various places to play the machines. Mayor Bacon said he felt we
should establish an ordinance where it would be illegal for children to play
these machines during school hours. Max Bacon said he would set a meeting with
his committee for Wednesday, and any other council members were welcome to attend.
Committee Reports: Jim Tolleson said our present policy in the water department
of property owners being responsible for delinquent bills had really been hard
on them, with renters leaving unpaid bills. The committee is now considering
requiring a deposit for new customers only, to become effective probably the first
of next year. Jim said we are still gathering information on franchising or
asking for bids on garbage pickup and his committee will meet again on Thursday at
7:00 P.m.
September 20, 1982 - Continued
Jim Tolleson said that Jack Shinall 's statement last meeting concerning Marietta's
annexations also struck a nerve with him. The moratorium set by the court has been
long 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 list, 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.
(Public Safety) James Williams said the fire department is washing out the hydrants
and repainting 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.
(Library) Doris Morris reported on library activities and reminded everyone they
could register to vote at the library. Applications for absentee ballots are
also available there. Library hours are: Monday through Thursday, 9:00 a.m. to
8:00 p.m.; Friday, 9:00 a.m. to 6:00 p.m.; and Saturday, 10:00 a.m. to 3:00 P.m.
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.
Announcements: GMA Fall District meeting on September 21st; next council meeting
on October 4th.
Jim Tolleson said he was getting a lot of calls at night about barking dogs. Mayor
Bacon said he also received a lot of calls and the police department is not responding
to the calls, but holding them for the animal control officer until the next morning.
Mayor Bacon said he felt when a call was received about a ba*rking dog, the police
department should respond to the call and let these people know th6ir dog is causing
a disturbance. Chief Little 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
stenciling 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.
ARTHUR T. BACON, MAYOW WILLOUISE C. SPIVEY,(XITY CgRK
A
T
AMES E. TOLLESOW, WARD I MAX BACON, WARD 2
AJAMES WILLDI-AM�S�,WARD 3 MES M. HAWKINS', WARD 4
or
LSO W
t COALSON-, WARD 8
K SHINALI, WARD 5 LBERT R . C =R/D
-Y�I Q�V�
SAR H JONES, WARD V