Loading...
10-04-1982 Regular MeetingOctober 4, 1982 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 4, 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, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and Recreation Director Sherry Reavis, Librarian Doris Morris, Civil Defense Deputy Director Dick O'Hara, Building Inspector Larry Dunn and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Mayor Bacon recognized Michael Stoddard, candidate for State Court Judge. Citizen Reports: Sue Brissey displayed several yard signs she had removed from utility poles during the last few days, and said that nothing has changed in the past 5 months. Chief Little said these people cannot be fined unless they are actually caught putting the signs up. Appointment of Fire Chief: James Williams made the following statement concerning the appointment of Fire Chief: "The City has received and reviewed several fine applicants for the position of Fire Chief and to those men who have made the effort to apply and to the Civil Service Board, who have made the reviews, the committee would like to express its appreciation. However, during the course of the committee's selection process, it has been evident that a great deal of political activity is going on both within the Fire Department and throughout the community and various interests have sought to exert undue pressure and influence on the Civil Service Board, the Public Safety Committee and the Mayor and Council. We do not feel that this is in the best interest of the City and certainly do not believe that it is fair to the applicants for this position. Any recommendation made at this time would be unfair to the person nominated because there would be charges and counter charges of cronyism or anticronyism from the losing factions. No chief, however well qualified, could long survive and do justice to the City orrthe position within such a fishbowl atmosphere. Therefore, we recommend, that in the best interests of the City and in fairness to the applicants, that NO recommendation be made and that all applicants be rejected. This recommendation is made with the interest of obtaining the best man for the City's needs and in retaining him, and in hope that the different interests can work together and not for just their own interests, but for the City. Hubert Cochran will continue to assume the responsibilities of Fire Chief until such time a Fire Chief is appointed." JamesiWilliams made a motion that all applicants be rejected and Hubert Cochran continue in assuming the duties of Fire Chief, seconded by Max Bacon. Jim Tolleson said he felt this was all the more reason to put aside the rumors, late night telephone calls and accusations, and appoint the best man qualified for the job. This was a nationally sanctioned test given and personal interviews were -given to everyone taking the test, whether passing or failing. The Civil Service Board made their recommendations, and Jim said he thought we had the names of the three most qualified candidates. Mayor Bacon read a letter from Pete Paulsen, one of the three recommended by the Civil Service Board, requesting that his name be withdrawn from consideration for the position. Jack Shinall read a petition (to .be made a part of these minutes) signed by some 500 to 600 citizens and friends of Hubert Cochran supporting him for Fire Chief, and said he felt more consideration should have been given to his 27 years of service to the City. Jim Hawkins said he was shocked that a man who had served the City this many years would not even receive a recommendation from the Civil Service Board, but the Char er says Council cannot act without their recommendation. Jim said he felt HubOt Cochran had the overwhelming support of Council. After further discussion, vote,)'on the motion carried 6-1, with Jim Tolleson opposed. October 4, 1982 - Continued Business License: Daniel R. Sweat requested a license to operate a cab company within the City. There was no opposition or questions from anyone in the audience. Mr. Sweat said he is presently located at 1750 Atlanta Street, which is outside the City, but our ordinance states that without a license, he can deliver inside the City but cannot pick up passengers. Mr. Sweat said he previously worked for Victory Cab Company and felt they could offer better service to the Smyrna area by having an office here. At present they have 4 vehicles ando"felt that 5 would be sufficient to cover this area. Mr. Sweat said they would like to move their office into Smyrna when they find a suitable location. Jack Shinall made a motion that A.A.A. Cab Company be granted a temporary license to operate inside the City until the next council meeting when his license could be approved. Max Bacon seconded the motion which carried by a 7-0 vote. Variance: Harrison Construction Company requested a variance on building heights from 35 feet to 37 feet for Bethel Baptist Church on Spring Street for an addition of two floors on the existing educational facility. Mr. Harrison said at present the building has a flat roof, and they are proposing a pitched roof which accounts for the extra two feet in height. Attorney Camp told Mr. Harrison that about 2 years ago Dobbins Air Force had presented a report to Council concerning possible hazards of low flying aircraft in this area and wanted to inform him of that. Max Bacon made a motion the variance be approved, seconded by Jim Hawkins. Vote on the motion carried 7-0. Variance: Afton Downs requested a variance of one foot on the front building set- back line for Lot 60. There was no representative present and Max Bacon made a motion the variance be tabled to the next meeting. Jim Hawkins seconded the motion which carried 7-0. Approval of Fees for Game Machines: Max Bacon 'said his committee had met with several people in the electronic amusement machine business to establish a new fee schedule for game rooms, and the individual machines. Max made a motion the follow- ing fee schedule be'adopted for 1983. Amusement Centers - $300 flat rate plus $25 per machine, not to exceed $1500 Electronic machines individually - $35 per machine Jack Shinall seconded the motion. Max said our present fees are $100 for amuse- ment centers plus $3.00 per machine, and $25 for individual machines. Sarah Jones and Jack Shinall both stated they felt there should not be a ceiling on the total license fee. Sarah said the vendor of these machines pays for one- half of the license fee. Max Bacon said that one of the biggest problems we have now are the machines in grocery stores, restaurants, etc., which are not permitted under our existing ordinance. Zana Rimmel, Treasurer of Miller Vending Company said they wanted to pay their fair share but felt the proposed increases were a little high, and didn't think it was fair to charge more for individual machines than the game rooms were being charged. Ms. Rimmel read'a comparison of fees for other cities in the area and said the State-wide average was $17 per machine. She felt businesses should be taxed on gross receipts, or have a lower charge per machine. In response to a question from Max Bacon, Ms. Rimmel said they now have 12 or 15 machines in Smyrna and they have not paid any fees on them because our existing ordinance is not being enforced. After further discussion, vote on the motion failed by a 3-4 vote, with Elbert Coalson, Sarah Jones, Jim Tolleson and James Williams opposed. Elbert Coalson said he wanted to be fair to everyone concerned and would like to have the committee meet again. James Williams said he voted'agaihst the motion because he also felt there should not be a ceiling placed on the total license fee. Appointment fo Parks Commission: Jack Shinall made a motion that E. L. (Eddie) Eldridge be appointed to the Parks & Recreation Commission, representing Ward 5. Max Bacon seconded the motion which carried by a 7-0 vote. Validation of Signatures: Fred M.- Shope requested annexation of a parcel of land in Land Lot 631 on Jonquil Drive. The application was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (600) 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 October 4, 1982 - Continued 1966, Pages 409, 41o. 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 631 of the 17th District, 2nd Section, Cobb County, Georgia, and being a portion of Lot 8, 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 easterly side of Jonquil Drive 117.6 feet southwesterly along the southeasterly side of Jonquil Drive from a concrete marker at the southeast intersection of the right-of-way of Love Street and Jonquil Drive (said point of beginning also being at the line dividing Original Lots 7 and 8, said plat and subdivision); running thence easterly a distance of 220 feet to an iron pin; running thence southerly a distance of 75 feet to an iron pin at the line dividing Original Lots 8 and 9, said plat and subdivision; running thence westerly along the line dividing Original Lots 8 and 9, a distance of 200 feet to an iron pin on the easterly side of Jonquil Drive; running thence northerly, northwesterly, and northerly along the easterly, northeasterly, and easterly side of Jonquil Drive and following the curvature thereof a distance of 81 feet to an iron pin and the point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAIID 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 set for November 1, 1982. Max Bacon seconded the motion which carried by a 7-0 vote. Validation of Signatures: Earnestine Johnson Vinson, Angela Vinson, Betty Johnson and Annie Johnson requested annexation of property in Land Lot 665, 1810 Teasley Drive. The legal description was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60i) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 665, 17th District, 2nd Section, Cobb County, Georgia and being Lot 1, Block B, Section A-1, Rose Garden Hills Subdivision as per plat recorded in Plat Book 15, page 95, Records of Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point at the center formed by the intersection of the south- easterly right of way of Teasley Drive and the southwesterly right of way of Hester Park Drive; running thence southwesterly along the southeasterly right of way of Teasley Drive a distance of '120 feet to an iron pin at the line dividing Lots 1 and 2, said plat, block, section and subdivision; running thence southeasterly along the line dividing Lots 1 and 2 a distance of 110 feet; running thence northeasterly 108.44 feet to an iron pin on the south- westerly right of way of Hester Park Drive; running thence northwesterly along the southwesterly right of way of Hester Park Drive a distance of 110 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 60% of the electors resident in the area described ' below: s/EARNESTINE JOHNSON VINSON, ANGELA VINSON, BETTY JOHNSON, ANNIE JOHNSON 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/ANGELA VINSON, EARNESTINE JOHNSON VINSON, ANNIE JOHNSON, BETTY JOHNSON October 4, 1982 - Continued James Williams made a motion the signatures be validated and the public hearing set for November 1, 1982. Jim Hawkins seconded the motion which carried by a 7-0 vote. Validation-76f Signatures: Willie D. Sellers, Beverly D. Sellers requested annex- ation of property in Land Lot 665, 1804 Teasley Drive. The application was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 665 of the 17th District, 2nd Section of Cobb County, Georgia and being Lot 4, Block B, Rose Garden Hills Subdivision, Section A-1 as shown on plat recorded in Plat Book 15, Page 95, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the southwesterly side of Teasley Drive 290.0 feet southwesterly from the corner formed by the southeasterly side of Teasley Drive with the southwesterly side of Hester Park Drive, if said street lines were extended to form an angle instead of a curve; running thence south- westerly along the southeasterly side of Teasley Drive 80.0 feet to a point; running thence southeasterly 160.0 feet to a point; running thence north- easterly 80.0 feet to a point; running thence northwesterly 160.0 feet to the southeasterly side of Teasley Drive 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 60% of the electors resident in the area described below: s/WILLIE D. SELLERS;-BEVERLY D. SELLERS 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/WILLIE D. SELLERS, BEVERLY D. SELLERS James Williams made a motion the signatures be validated and the public hearing be set for November 1, 1982. Sarah Jones seconded the motion which carried 7-0.. Validation of Signatures: Thomas E. McNeal and Mary K. McNeal requested annex- ation of property at 1808 Teasley Drive in Land Lot 665. The application was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and 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: Al that tract or parcel of land lying and being in Land Lot 665 of the 17th District, 2nd Section, Cobb County, Georgia, being Lot 2, Block B, Section A-1 of the Rose Garden Hills Subdivision, per plat of survey recorded in Plat Book 15, Page 95, Cobb County, Georgia Records, being more particularly described as follows: BEGINNING at a point on the southeasterly side of Teasley Drive a distance of 120 feet southwesterly from the intersection formed by the southeasterly side of Hester Park Drive and the easterly side of Teasley Drive; thence running southwesterly along the southeasterly side of Teasley Drive a distance of 90 feet to a point situated at the northwest corner of Lot 3, said block and subdivision; running thence southeasterly along the line dividing said Lots 2 and 3 a distance of 160 feet; thence running northerly a distance of 40 feet; thence running northwesterly a distance of 70.7 feet to a point �� Vie• r' October 4, 1982 --Continued situated at the southeast corner of Lot 1, said block and subdivision; thence running northwesterly along the line dividing said Lots 1 and 2 a distance of 110 feet to the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 665 of the l7th District, 2nd Section, Cobb County, Georgia, being Lot 3, Block B, Section A-1 of the Rose Garden Hills Subdivision, per plat of survey recorded in Plat Book 15, Page 95, Cobb County, Georgia Records, being more particularly described as follows: BEGINNING at a point on the southeasterly side of Teasley Drive a distance of 210 feet southwesterly from the intersection formed by the southeasterly side of Hester Park Drive and the easterly side of Teasley Drive; thence running southwesterly along the southeasterly side of Teasley Drive a distance of 80 feet to a point and corner at the northwest corner of Lot 4, said block and subdivision; running thence southeasterly along the line dividing said Lots 3 and 4 a distance of 160 feet to a point and corner; thence running northeasterly a distance of 80 feet to a point situated at the southeasterly corner of Lot 2, said block and subdivision; thence running northwesterly along the line dividing Lots 2 and 3 a distance of 160 feet 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 60% of the electors resident in the area described below: s/THOMAS S. MC NEAL, MARY K. MC NEAL. 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/THOMAS S. MC NEAL, MARY K. MC NEAL James Williams made a motion the signatures be validated and the public hearing be held November 1, 1982. Elbert Coalson seconded the motion which carried 7-0. Validation of Signatures: Jerry D. Arrowood requested annexation of property on Matthews Street in Land Lot 633. The application was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is un- incorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of'.land lying and being in Land Lot 633 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the east side of Matthews Street 631.0 feet south from the southeast corner of the intersection of Matthews Street and Roswell Street; proceeding thence east'1,105 feet to a point; proceeding thence south 264.5 feet to a point; proceeding thence east 200 feet to a point; proceeding thence south 61 feet to a point; proceeding thence west 1,305 feet to a point; proceeding thence north along the east side of Matthews Street 331.0 feet and back to the point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE 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/JERRY D. ARROWOOD James Williams made a motion the signature be validated and the public hearing be held November 1, 1982• Jim Tolleson seconded the motion which carried 7-0. Validation of Signatures: Earl M. ArroWood requested annexation of property in Land Lot 633 on Matthews. The application was read as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is October 4, 1982 - Continued unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel.of land lying and being in Land Lot 633 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the east side of Matthews Street 300 feet south from the southeast corner of the intersection of Matthews Street and Roswell Street; proceeding thence north 89 degrees 45 minutes a distance of 1,105 feet along an old hedge row to a fence corner; proceeding thence south 330.5 feet to an iron pin; proceeding thence east 1,105 feet to a point; proceeding thence north along the east side of Matthews Street 331.0 feet and back 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 of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/EARL M. ARROWOOD James Williams made a motion the signature be validated and the public hearing set for November 1, 1982. Jack Shinall seconded the motion which carried by a 7-0 vote. Mayor Bacon said our police department has been having difficulty in establishing jurisdiction on certain roads in the City, where property was annexed and the roadway not included. We contacted the State Department of Transportation for permission to annex a portion of South Cobb Drive and Mayor Bacon read a letter from Jim McGee with the Department of Transportation stating they had no objection to the annexation. Attorney Camp read the legal description to annex a portion of South Cobb Drive and Cobb Parkway as follows: All that tract or parcel of land lying and being in Land Lots 780, 805 and 806 of the 17th District, 2nd Section, Cobb County, Georgia, known as Cobb Parkway (U.S. 41 Hwy.) being more particularly described as follows: BEGINNING at the center line of Cobb Parkway (U.S. 41 Hwy.) and the existing city limits of the City of Smyrna, said property being a strip of roadway 200 feet in width, lying 100 feet on either side of the center line; running thence in a northwesterly direction along the center line of Cobb Parkway (U.S. 41 Hwy.) a distance of 1,690 feet. Also, all that tract or parcel of land lying and being in Land Lots 551, 552, 529, 528, 481 and 482 of the 17th District, 2nd Section, Cobb County, Georgia, known as South Cobb Drive (SR 280), being more particularly described as —follows: BEGINNING at the center line of South Cobb Drive (SR 280) at Ridge Road, said property being a strip of roadway 200 feet in width, lying 100 feet on either'side of the center line; running thence northwesterly a distance of approximately 6,300 feet to the existing city limits at the intersection of South Cobb Drive (SR 280) and Wisteria Lane. Jack Shinall made a motion the public hearing be held November 1, 1982. James Williams seconded the motion which carried by a 7-0 vote. Ordinance Amendment: Jack Shinall made a motion the proposed amendment to Section 18-2 of the.Code of Ordinances be tabled to the next meeting, to give the committee time to meet again. Max Bacon seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and recorded as follows: (1) Harrison Construction Company requested a permit for an addition to the educational building at Bethel Baptist Church at an estimated cost of $153,000. Max Bacon made a motion the permit be approved, subject to approval of the Fire Marshal. Jack Shinall seconded the motion which carried by a 7-0 vote. r October 4, 1982 - Continued 0 Street Closings: Max Bacon said that in 1974 the Mayor and Council closed several dead-end streets in the City, but they were not advertised and posted, and since that time some of the streets have been opened. Max made a motion the following dead-end streets be closed permanently after proper advertisement and posting. Ward 1. Barbara Lane, east end Barbara Lane, west end Brenda Drive, west end Brenda Drive, east end Rollingview Drive, south end Spring Creek Place, north end Spring Drive, north end Beach Valley Drive, north end Ward 2. Navaho Trail, southwest end Shawnee Place, southeast end Sioux Path, north end Argyle Drive, east end Hickory Place, south end Ann Road, northeast end Ward 5. Hickory Acres Drive, west end Jack Shinall seconded the motion which carried by a 7-0 vote. Max said he would consult with Attorney Camp again to be sure these streets are closed legally. Quit -Claim Deed: James Williams made a motion that a 15-foot abandoned alley behind property owned by Edwin B. Davis at 1559 Roswell Street be quit claimed to Mr. Davis, with all fees and legal expenses incurred to be paid by him. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson made a motion that the existing 2" water line on Brown Road be replaced with a 6" line, at a cost of $4,018.20 to be paid from E&C Fund. Jim Hawkins seconded the motion which carried 7-0. Elbert Coalson made a motion that street lights be upgraded on Campbell Road from Atlanta Road to Spring Road; Spring Road from Atlanta Road to U.S. 41; and Concord Road from Atlanta Road to South Cobb Drive, at a total cost of $7,000. Sarah Jones seconded the motion which carl-ried by a 7-0 vote. Sarah Jones made a motion the Parks Department be allowed to hang a banner advertising their Fall Festival on Atlanta Road at Spring Road October 7th; then moved to Bank Street and Atlanta Road on October 13th; with the banner removed on October 17th. Jack Shinall seconded the motion which carried 7-0. Sarah Jones made a motion that Bank Street from Atlanta Road to King Street be closed October 16th, from 8:30 a.m. to 6:00 p.m. (rain date October 23rd) for the Jonquil -City Fall Festival. James Williams seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion that $1200 be approved from the Contingency Fund to plant trees and shrubs along Atlanta Road in front of Belmont Hills Shopping Center. Jim said that Post Properties has offered their assistance in the design, and the greenery will be planted as close to the railroad right of way as they will allow. Max Bacon seconded the motion. Jack Shinall said the Library also needed shrubbery replaced and moved to amend the motion to include $100 for shrubbery at the Library. Max Bacon seconded the amendment. Vote on the amend- ment and main motion carried 7-0. Sarah Jones made a motion the minutes of September 7, 1982 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson made a motion the minutes of September 20, 1982 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. Committee Reports: (Parks) Sarah Jones said the Parks and Recreation Commission had voted to send their recommendation to Mayor and Council that nothing be done with Lake Drive Park at this time. (Library) Doris Morris reported on library activities. Jack Shinall thanked Mrs. Morris for the excellent job she is doing. Jim Hawkins said he hoped that the few city employees who felt they could threaten council would realize they are not going to scare anyone, and would end these threats. Elbert Coalson said he also thought very little. of these people to make accusations, and not come before council with them. James Williams said the Kiwanis Club had expressed a desire to donate a tree each year to the City, to be planted wherever we wanted, and would like to have each October 4, 1982 - Continued tree dedicated to some individual who had contributed to the community. Mayor Bacon suggested the first tree to be planted be in honor of Mazie Nelson. (Fire) James Williams said the Fire Department had completed painting all the plugs in the City. (Inspections) Max Bacon said his committee had met with several businessmen from Smyrna concerning our temporary sign ordinance, and it was a good meeting for everyone concerned. Max said they felt our fees were not out of line, but their biggest concern seemed total enforcement of the ordinance. Max Bacon asked if the "no turn on red" sign on Spring Road at Campbell Road could be changed to be effective during school hours only, as he has been receiving complaints about traffic backing up on Campbell Road. Jim David said the sign could be changed to be effective during certain hours of the day. (Water) Jim Tolleson read a proposed ordinance amendment which will require deposits for water and sewer service. Jim said this would be brought up at the next meeting for a vote. Attorney Camp advised that a rate of interest should be established with passage of the ordinance, and also in the last paragraph concerning fines, we might add that a fine would be charged plus any service used. Announcements: CMA meeting at Smyrna City Hall on October l2th; next council meeting October 18, 1982. With no further business, meeting adjourned at 9:00 p.m. October 18, 1982 The regular scheduled meeting of Mayor and Council was held October 18, 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 except James Williams, who was out of town. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Civil. Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Reverend Harris Fennell of the Smyrna Assembly of God, followed by the pledge to the flag. Mayor Bacon introduced Don Jones, candidate for State Court Judge and Cody Holman, candidate for State Senate and welcomed them to the meeting. Presentation: Sarah Jones presented a plaque to Jim Brooks, who resigned from the Parks and Recreation Commission. The plaque was in appreciation of his faith- ful service from October 1979 to September 1982. Citizen Reports: Mrs. Callene Calvert of 2144 Kennesaw Way said that two weeks ago a car came into her yard with a Cobb County police car behind it. The driver was charged with Driving Under the Influence, driving with no license, and the car was towed away. The officer then told her family that they would be arrested for harboring a fugitive. Later, members of the Smyrna and Cobb County Police Departments came with a search warrant and said she had been dealing with narcotics and stolen merchandise. Mrs. Calvert showed pictures to council of the mess they made in searching her home, and said they confiscated jewelry, guns and other items. Elbert Coalson said Mrs. Calvert was in his ward and he had talked with her about the incident. He turned the report over to James Williams who is Chairman of the Public Safety Committee, but Mr. Williams has been out of town and not able to contact her. Mayor Bacon told Mrs. Calvert he would come to her home tomorrow morning, and felt this should be looked into pretty thoroughly. Mike Montgomery, a resident of Church Road complained about the new development adjacent to his property, Hunting Trace. Mr. Montgomery said he was having a very bad problem with water runoff onto his property and the developers are not living up to their commitment, or building according to the plans that were approved. Mr. Montgomery said that Vic Broyles had already been out to the site and agreed that the water runoff was bad, but said there was nothing the City could do at this point. Mayor Bacon asked Jim David and Vic Broyles to meet with Mr. Montgomery early the next day to see what could be done.