01-21-1980 Regular MeetingJanuary 21, 1980
The regularly scheduled meeting of Mayor and Council was held at the City Hall,
Smyrna, Georgia on January 21, 1980. The meeting was called to order by Mayor
Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present
was City Attorney Charles Camp, City Clerk Willouise Spivey, Director of Finance
and Administration Gunter Newsom, Police Chief R. E. Little, Director of Parks
and Recreation Asa Howard, Assistant Director of Public Works Vic Broyles, Assistant
Fire Chief Hubert Cochran, Building Inspector Len Williams, Director of Civil Defense
Jim Farley and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Mayor Johnson recognized Rick Priegel and other members of the Smyrna Jaycees.
President Priegel introduced the Board of Directors and read a letter addressed to
Mayor and Council commending them for outstanding service and effective leadership
the past year. They presented a plaque which read "MAYOR AND CITY COUNCIL, SMYRNA,
GEORGIA. Awarded in Appreciation of Your Outstanding Service and Effective Leader-
ship. Smyrna Jaycees 1979-80." Jaycee Jim Sparks, Chairman of Governmental Aware-
ness project, read a letter stating the goal of the Governmental Awareness project
was two -fold. First, seek to educate the members concerning the governmental
processes which effect them, and second to encourage public awareness and interest
in our city government. The letter also requested a copy or access to the Code
of Ordinances so that they may become knowledgeable of its contents and relate
this information to all members of the Club. Mayor Johnson thanked the Jaycees
for the plaque and praised the organization as a whole, especially the Smyrna
Jaycees. He assured them they had the City',s:isupport and that they would have
access to the Code of Ordinances at any time.
Jerry Mills advised that every five years the contracts between the City and the
Georgia Power Company, covering all outdoor lighting, street lights, traffic signals,
flashers and park lighting, should be renewed. Jerry Mills made a motion Mayor
Protem Elbert Coalson be authorized to sign the three contracts. Jim Hawkins
seconded the motion which carried by a 6-0 vote. Jim Tolleson, Max Bacon, Jerry
Mills, Jim Hawkins, Jack Shinall and John Steely voted for. Elbert Coalson abstained.
Mayor Johnson stated that since he was an employee of Georgia Power Company, he would
rather not sign the contracts.
Variance request: Charlie Fouts requested a side yard variance in order to build
additional stalls onto the existing building located at 2899 Atlanta Road. He stated
the adjoining property was owned by Standard Oil Company and it would take several
months to receive a reply from them. Public Works Director Jim David advised he
could not see that the proposed building would create any problems to the adjoining
property owner. Mr. Fouts said he had talked with Mr. Holbrook, leasee of the
Standard Oil property, and he had no objections to'the variance. John Steely made
a motion the variance be approved, and requested the letter from J. E. David be
made a part of the minutes. It read as follows:
"January 17, 1980. To: Mayor and Council, City of Smyrna; From James E. David,
Director of Public Works; Subject, Variance 2899 South Atlanta Road. I have dis-
cussed the construction of a building on this property with Mr. Charles Fouts. In
my opinion upon walking over property I cannot see that this building would create
any problems to the adjacent property owner ( Standard Oil) in any way.
In order to contact the Standard Oil Service Station owner, it would probably take
several months to obtain a definite answer.
There is now a low Cyclone fence on the north property line of Standard Oil running
east down to rear of property.
Construction of a building on above site would certainly improve the property on
the south end of present building.
If I may furnish additional information, please contact me."
Elbert Coalson seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Building Inspector Len Williams, and _
upon his recommendation the following action is recorded:
(1) Cobb County Board of Education requested a permit to erect concrete seats in
the stadium at Campbell High School. Cost of construction is approximately $50,000.
John Steely made a motion the permit be granted. Jim Tolleson seconded the motion.
(Continuation of January 21, 1980 Meeting)
0
Jack Shinall made a motion to amend the original motion and waive the permit fee,
since this was for the Cobb County School System. Jerry Mills seconded the motion
to amend, which carried by a 7-0 vote. Vote on the main motion carried by a 7-0
vote.
(2) Bernard Halpern, owner of property located at 2460 Atlanta Road, requested a
building permit for Jonquil Broadcasting Company (WYNX) to erect four (4) towers
and a building at this location. Plans had been approved by the Building Inspector
and Fire Marshal. Elbert Coalson made a motion the permit be approved. Jim Hawkins
seconded the motion which carried by a 7-0 vote. Elbert Coalson advised that it
may be possible that the Civil Defense department can secure a used generator from
the Federal government, which would be loaned to WYNX, and in case of emergency
the station would broadcast messages. The station would be glad to participate
in this project and they would be responsible for the maintenance and upkeep of
the generator.
Validation of signatures: Opal W. Jones requested annexation of 9.969 acres of
property located in Land Lot 593. 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; a
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 593 of the 17th
District, 2nd Section, Cobb County, Georgia and being 5.978 acres as per plat
of survey by All South\Engineering and Surveying Co., Inc. dated April 4, 1979
and being more particularly described as follows:
BEGINNING at an iron pin at the corner formed by the intersection of the westerly
right-of-way of Matthews Street (30 foot right-of-way) and the southerly right-
of-way of Whitfield Street (30 foot right=of-way); running thence south 1 degree
53 minutes 49 seconds east along the westerly right-of-way of Matthews Street a
distance of 610.94 feet to an iron pin at the intersection of the westerly side
of Matthews Street and the northerly right-of-way of Walker Street (30 foot right-
of-way); running thence southwesterly and westerly along the_northerly.right-of-way
of Walker Street and following the curvature thereof a distance.of 413.98 feet to
an iron pin; thence north 0 degrees 37 minutes 26 seconds east a distance of 240
feet to an iron pin; thence north 89 degrees 22 minutes 33 seconds west a distance
of 15 feet to an iron pin; thence north O.degrees 37 minutes 26 seconds east a
distance of 423.37 feet to an iron pin on the southerly,right-of-way of Whitfield
Street; running thence north 87 degrees 18 minutes 51 seconds east along the
southerly right-of-way of Whitfield Street a distance of 394.25 feet. -to an iron
pin and the point of BEGINNING.
Also, all that tract or parcel of land lying and being in Land Lot 593 of the 17th
District, 2nd Section, Cobb County, Georgia and being.2.991 acres as per plat of
survey by All South Engineering and Surveying Co., Inc. dated April 4, 1979 and
being more particularly described as follows:
BEGINNING at an iron pin at the corner formed by the intersection of the westerly
right-of-way of Matthews Street (30 foot right-of-way) and the southerly right-
of-way of Walker Street (30 foot,:right-of-way); running thence south 3 degrees 1
minutes 56 seconds east along the westerly right-of-way of Matthews Street a
distance of 250:63 feet to an iron pin; thence south 87 degrees 17 minutes•.47
seconds west,a distance of 379.26,feet to an iron pin; thence south 86:degrees
0 minutes 27 seconds west a distance of 176.21 feet to an iron pin; thence south
87 degrees 40 minutes 12 seconds west a distance of 67.15 feet to an iron pin;
thence north 1 degree-57 minutes 55 seconds west a distance of 194.52 feet to an
iron pin on the southerly right-of-way of Walker Street; running thence north 85
degrees 10 minutes 28 seconds east along the southerly right-of-way of Walker Street
a distance of.-210.53 feet to a point; thence continuing along the southerly right-
of-way of Walker Street and following the curvature thereof a,distance of 412.97
feet to an iron pin on the westerly right-of-way of Matthews Street 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 tit.lo,holders of'the fee simple,title,:.or,h is
legal representative, of 60% of the land area above described by acreage:
s/OPAL W. JONES"
(Continuation of January 21, 1980 Meeting)
Jack Shinall made a motion to validate the petition, and set the date of hearing
as February 18, 1980. Jerry Mills seconded the motion which carried by a 7-0
vote.
Validation of signatures: Bruce A. Bergherm, M.D., representative for the Smyrna
Towers requested annexation of 5.3 acres located in Land Lots 530 and 551. 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:
All that tract or parcel of land lying and being in Land Lots 530 and 551, 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly described
as follows:
To find the true POINT OF BEGINNING, begin at an iron pin on the southwest side
of the right-of-way of South Cobb Drive (State Road 280) where said right-of-way
intersects with the north line of Land Lot 551, proceed thence south 37 degrees
05 minutes east 365.00 feet along the southwest right-of-way line of South Cobb
Drive to an iron pin; thence south 52 degrees 55 minutes west 254.50 feet to a
point; thence north 82 degrees 05 minutes west 162.63 feet to the center line of
a creek; thence north 41 degrees 39 minutes west 54.07 feet to a point in the
center line of the creek; thence north 81 degrees 48 minutes west 110.58 feet to
a point in the center line of the creek; thence south 86 degrees 25 minutes west
118.22 feet to a point in the center line of the creek; thence north 18 degrees
49 minutes west 48.60 feet to a point in the center line of the creek; thence
north 17 degrees 42 minutes west 72.98 feet to a point in the center line of the
creek; thence north 02 degrees 27 minutes west 67.05 feet to a point in the center
line of the creek; thence north 33 degrees 49 minutes west 66.10 feet to a point
in the center line of the creek; thence north-21 degrees 05 minutes east 79.68
feet to a point in the center line of the creek; thence north 28 degrees 26 minutes
east 89.29 feet to a point in the center line of the creek and on the Land Lot
line separating Land Lots 529 and 552 from Land Lots 530 and 551; thence south
87 degrees 40 minutes east 414.00 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 the record title holders of the fee simple title, or
his legal representative, of 60% of the land area above described by acreage:
s/BRUCE A. BERGHERM, M.D., PRES. and D. A. MAGOON, SECRETARY/TREASURER"
Jerry Mills made a motion to validate the petition and set the date of hearing
for February 18, 1980. Jim Tolleson seconded the motion which carried by a
7-0 vote.
Jim Tolleson stated a committee was being formed to beautify Smyrna. Larry Morris
of the Forestry Department is to meet with the committee on January 29, 1980 at
10:00 a.m. The purpose is to form two groups. One, a downtown merchants group,
and the second is a group to get some green spots along the railroad tracks from
the old terminal to Belmont Hills Shopping Center. He hopes to get garden clubs
and civic clubs involved. He also stated he thought some Federal Grants were
available for public work and asked Gunter Newsom to pursue the search for funds.
Max Bacon stated his first two weeks had been interesting; he was learning and
will continue to ask questions in his effort to really get involved.
Jerry Mills made a motion to approve the bill from the Cobb County Chamber of
Commerce in the amount of $550.00. Jim Hawkins seconded the motion which carried
by a 7-0 vote. To be charged to Association and Dues expense account.
Jerry Mills reported a $200,000 loan we had with the Trust Company Bank of Cobb
County and due December 28, 1979 was paid in full; Also the loan from the General
Fund to Water and Sewer Sinking fund in the amount of $70,000 has been repaid.
Jack Shinall made a motion bids be requested for one (1) Fleetside pickup truck
for the Water Department. This expense was budgeted and is to be paid from
Revenue Sharing Funds. Bids would be opened at the regular meeting on February
4, 1980. The motion was seconded by Elbert Coalson and carried by a 7-0 vote.
(Continuation of January 21, 1980 Meeting)
Jack Shinall made a motion bids be requested for one (1) Hydraulic Sewer Cleaner
with pumping apparatus for the Water Department. He stated last year we paid
approximately $1700 renting a cleaner. He advised we could save money on manhours
and sewer aid. This expense was budgeted and is to be paid from Revenue Sharing
Funds. Jerry Mills seconded the motion which carried by a 7-0 vote. Bids are to
be opened at the February 4, 1980 Council meeting.
Elbert Coalson read a request from Chief Little asking permission for the City
to participate in the March of Dimes Walkathon to be held March 22, 1980 at 9:00
a.m. Elbert Coalson made a motion we approve this request. John Steely seconded
the motion which carried by a 7-0 vote.
John Steely made a motion bids be requested for one (1) athletic field conditioner,
one (1) commercial mower and the relighting of Ward Park, Phase II. These items
are budgeted and are to be paid from Revenue Sharing Funds. The motion was seconded
by Jim Tolleson and carried by a 7-0 vote.
John Steely made a motion to surplus the old Ward Park lights (fixtures and brackets).
These lights will be advertised and sealed bids requested. Jack Shinall seconded
the motion which carried by a 7-0 vote.
John Steely made a motion to approve an additional $1500 for consultant fees for
the renovation of the Senior Citizens Center. This $1500 would come out of the
$15,000 approved for the completion of this project. Jerry Mills seconded the
motion which carried by a 7-0 vote.
John Steely also advised that Parks and Recreation Director Asa Howard had resigned
as of January 23, 1980. He thanked Asa for a job well done and wished him luck
in his new position. Asa thanked Mayor and Council for giving him the privilege of
working for the City. He had enjoyed the work and it had been a learning experience
for him.
Gunter Newsom explained the last billing of the water bills, and stated there would
be no more two -month bills.
The seventy-seven (77) acres given to the City, which was surplused by the Federal
Government, was discussed. John Steely stated we needed to install a fence and
put a road through the property, which would cost approximately $50,000. Jack
Shinall stated this was prime acreage and we should do what was necessary to keep
it.
The next regular meeting will be held on February 4, 1980.
Meeting adjourned at 8:35 p.m.
FRANK B. JOHNSON, MAYOR
JAMES E. TOLLESON, WARD 1
WILLOUISE C. SPIVEY, CITY ERK
MAX BACON, WARD 2
RRY MILL , WARD OPJAMES M. HAWKINS, WARD 4
JACK SHINALL, WARD 5
ELBERT R. COALSON, WARD 6