10-17-1983 Regular MeetingOctober 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 regular 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 of town. 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.
Citizen Reports: Morris Howell, owner of Park and Pawn on South Cobb Drive complained
of vandalism in the shopping center where his business is located. Mr. Howell said
his personal car had been damaged with a hammer and two months ago, four vehicles
that had been 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 to him after these incidents occurred but he had done everything he knew to
make his business 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 Bacon stated that Bob Arnold had served the City for 10 years on the Parks and
Recreation Commission, and was Chairman the last 4 years with unquestionable leader-
ship. Max read a proclamation for Bob Arnold Day, October 17th. Max also presented
Mr. Arnold 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 Charles Cook be appointed to the Parks and Recreation
Commission to fill the unexpired term of Bob Arnold, representing Ward 2. Jim Tolleson
seconded the motion which carried 6-0.
Fawn Lane Opening: Mayor Bacon said we had received a request from Dr. Bennie Norton
to extend the dead-end of Fawn Lane approximately 200 feet for construction 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 for 2 weeks
in the newspaper, and there was no opposition from the audience.
Jim Tolleson said if the homes are built the City would actually be making first
reponse calls for police or fire protection and felt we should annex the property
before taking any action on the street. Max Bacon said he had talked to Dr. Norton
and felt the property would be annexed.
After further 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.
Residential Business License: Randy Place requested a residential business license
for Musicade, 1021 Church Street, apartment A-5. There was no opposition and Mr.
Place had a letter from the apartment management stating they had no objection. Mr.
Place said he will be placing bands and musicians by telephone and they would not
be coming to and from the apartment. Jack Shinall made a motion the license be approv-
ed. Max Bacon seconded the motion which carried 6-0.
October 17, 1983 - Continued
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and upon his recommendation, the following approved:
(1) King 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
which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation by Cecil
Pickens 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 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' right of way) 550 feet west of the intersection of the north right of way of
Lake Drive and west right of way of South Cobb Drive, going thence along the right
of way of Lake Drive 100.0 feet to a point, thence north 55 degrees 26 minutes 24
seconds west a distance of 399.51 feet to a point, thence north 54 degrees 29 minutes
60 seconds east a distance of 187.91 feet to a point, thence south 42 degrees 53
minutes 05 seconds east 357.69 feet 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.
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/CECIL
PICKENS
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 said that Election Superintendent Dusty Bennett had been in touch with
him concerning the sale of alcoholic beverages in 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 and there is no city wide race. Further, the State code
allows the City to amend its ordinance 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 City of Smyrna and it is hereby or-
dained by authority of same as follows:
A new Section 3-67 (e) is hereby created so as to permit the sale of alcoholic bev-
erages in the City of Smyrna on local election days so that said Section 3-67 (e)
reads as follows:
Section 3-67 (e)
"The sale of alcoholic 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 in conflict herewith 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, Georgia, as amended
and shall have the full 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 Fire 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 life and property from fire or explosion, those
certain codes known as the Fire Prevention Code, recommended by the American Insurance
Association, being particularly the 1976 edition thereof; the National Fire Codes,
all volumes, being particularly the 1983 edition thereof, published by the National
Fire Protection Association; and the Life Safety Code, being particularly 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 fully 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. Installation of outside above ground tanks.
Add subsection (a.l): Exception, Propane, to be installed and maintained in strict
accordance with the 1983 National Fire Protection Association Code, Standard 58.
Section 21.6. Location of Containers.
Add subsection (a.l): Exception, Propane Gas, to be installed and maintained in
strict accordance with the 1983 National Fire Protection Association Code, Standard
58.
Max Bacon made a motion the amendments be approved. Jack Shinall seconded the motion
which carried 6-0.
Ordinance Amendment: Sarah Jones read a proposed amendment to the ordinance as fol-
lows:
Section 906.3. Required Parking Spaces. Business, professional offices and clinics.
One (1) space per two hundred fifty (250) square feet of gross floor space, with
the exception of halls, foyers, bath room areas, elevators or other non -tenant floor
space.
Sarah Jones made a motion the amendment be approved. Elbert Coalson seconded the
motion which carried 6-0.
Bid Award: Max Bacon said after reviewing both bids, the Insurance Committee had
recommended the Fowler`Agency be awarded the liability insurance for police profes-
sionals and public officials at a bid price of $9,798. Max Bacon made a motion the
bid be awarded to Fowler Agency. Jim Hawkins seconded the motion which carried 6-0.
Bid Award: Jack Shinall said two very good engineering firms had bid on our future
land use plan and made a motion the bid be awarded to Hensley -Schmidt, the low bidder
at $8,790. Max Bacon seconded the motion which carried 6-0.
Committee Reports: Mayor Bacon announced that he had formed a beautification com-
mittee with Jim Tolleson, James Williams and Max Bacon serving as members. Their
goal will be to contact business people to see if we can't do something about cleaning
up Atlanta Road.
Mayor Bacon said in the last few days we have had calls about people parking in the
fire lanes in shopping centers and last Friday he observed 38 cars parked illegally.
Mayor Bacon said there is a $30 fine for parking in these fire lanes and it will
be enforced.
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 the City of Smyrna has
been re -certified. Kathy Barton and her committee did a good job and city officials
will receive the Certified Cities award on October 28th.
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 for 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 Griffin 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
SARAH JONES, WARD
a, ZZ, �--7�
WILLOUISE C. SPIVEY, CITY CL K
MAX BACON, WARD 2
A M. HAWKINS, WARD 4
ELBERT R. COAL`SON, WARD 6