04-21-1980 Regular Meeting (2)(Continuation of April 7, 1980 Meeting)
planning and zoning maps. Jim Hawkins stated we had talked to several draftsmen
but had been unable to get a price.
(Fite) Jim Tolleson announced a Fire Committee meeting tomorrow night with the
Civil Service Board. Jim -reported he had a'very serious problem with sewage
getting into Poplar Creek on Highland Drive, and the problem seems to be with
the pumping station which is damaged. The Public Works Department has been
manually pumping sewage out until parts can be located for repair. Jim requested
the Public Works Department to survey the entire area because this problem has
been occurring frequently. Jack Shinall stated this was one reason we needed
to move ahead with the 201 Study, to examine the entire sewer system and show
us where the problems are. Also, we need to -begin the study now, while the 75/25
matching funds are still available. John Steely said he had received an estimate
of-$130,000 to correct sewage problems in his'area alone.
Announcements: Next Council meeting on April 21st.
Meeting adjourned at 8:15 p.m.
April 21, 1980
The regular scheduled meeting of Mayor and Council was held at the City Hall,
Smyrna, Georgia on April 21, 1980. The meeting was called to order by presiding
officer 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, Finance
Director Gunter Newsom, Fire Chief Don Atkinson, Police Chief R. E. Little,
Director of Public Works Jim David, Director of Civil Defense Jim Farley, Assistant
Parks and Recreation Director Sherry Reavis and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
Appointment: Jim Tolleson made a motion that Captain Jimmie T. Tidwell be appointed
as Fire Marshal for the City of Smyrna. Jack Shinall seconded the motion which
carried by a 7-0 vote. Captain Tidwell was given the Oath by Attorney.Charles Camp.
Citizens Reports: (1) Bruce LaBudde of 4316 Fawn Lane stated the Jonquil 10,000
meter road.race, sponsored by the Atlanta Track Club, Jonquil Sporting Goods and
the Smyrna Parks.and Recreation Department, will be held May 24, 1980 and he
requested a parade permit.. Elbert Coalson made a motion the permit be granted.
John Steely seconded the motion which carried by a 7-0 vote.
(2) Reagan Merrill, 3314 Ann Road, read a letter signed by 51 residents request-
ing the removal of a vicious dog from the City, belonging to a resident on Isoline
Way. He stated the dog had.attacked a twelve-year old boy, Sam Barkley, who is
now in Smyrna Hospital with a mangled arm and severe back injuries. The dog was
on a leash and was in the garage at the time the boy entered the yard. When he
started up the driveway the dog dashed out and attacked him. This is the second
time this dog has attacked humans and the citizens are afraid he will get out and
roam the neighborhood, as has happened, and they fear for the safety of their
children. Attorney Camp advised the dog was in his yard, on a leash, which is what
our ordinance requires, although he was not sure just how you would define a
vicious dog. Mayor Johnson assured the citizens he would do everything possible
to get something done about this dog.
(3) Bill Pressley, President of the Wills High School Band Club, stated the band
had been named by Governor Busbee as Official Goodwill Ambassadors to Alabama.
They need $650..00 for the trip on.May 3, 1980. Sixty or seventy students will
participate and Mr. 'Pressley asked the Mayor and Council to help with the finances.
After discussion, Elbert Coalson made a motion the City donate $100 to the Wills
High School Band for this trip. John Steely seconded the motion which carried
by a 7-0 vote.
(4) Richard Thomas of 3195 Highland Drive complained of raw sewerage in the
creek behind his home. He feared a health problem would result during the hot
weather. Mayor Johnson explained the pump at that station was broken and the
(Continuation of April 21, 1980 Meeting)
part needed for repair had been ordered. It should arrive this week, according
to Public Works Director Jim David, and the pump will be repaired as soon as
possible. In the meantime, the Mayor stated the Fire Department was making every -
effort to keep the creek flushed.
(5) Bill Collins, also of Highland Drive, complained of the same drainage and
sewerage problems.
(6) Dan Baker of Highland Drive complained of flooding and the sewerage problems.
He stated he was starting a "no home sale" drive, and that he would see that no
homes were sold on Highland Drive until the flooding was stopped. Mayor Johnson
advised Mr. Baker that his home sits on property lower than the creek and there
was nothing the City could do.
(7) Mrs. Dan Baker stated they bought the house, not knowing about the flooding
problem. They could not afford to move, and she thought someone should be able
to help. It seems the only solution to this problem is to raise the level of
the house, which she said they could not afford to do.
(8) George T. Hill of Nichols Drive complained of a rat problem caused by trash
stored in a neighbor's yard. Jim David is to check this out and see what can be
done to correct this problem.
Approval of Contract: A contract between Eugene L. McCord and Associates, Ltd.
and the City of Smyrna was presented. Mr. McCord is a consultant familiar with
Federal and State agencies and regulations required to secure grants for munici-
palities. Jerry Mills made a motion that Council authorize the.Mayor to sign the
contract, effective March 10, 1980. Jack Shinall seconded the motion. After
discussion as per the effective date, the motion and second was withdrawn. Jerry
Mills made a motion that Council authorize the Mayor to sign the contract agree-
ment between the City of Smyrna, Georgia and Eugene L. McCord and Associates, Ltd.
The firm agrees to represent the City of Smyrna on all matters relating to economic
development in the congressional and regulatory processes and to respond to any
inquiries that the City of Smyrna might have from time to time. In consideration
of this service, the City of Smyrna agrees to pay the firm a monthly fee of $3,333.33
on the first day of each month for twelve consecutive months. The fee for the
first month is due and payable upon execution of this agreement. Thisagreement
shall commence on May 1, 1980 and may be terminated by either party. upon 30 days
written notice to the other. Jack Shinall seconded the motion. Jim Hawkins asked
Mr. McCord how long he had been in business. Mr. McCord answered his company had
been in existence since last July, though he had worked with city and county govern-
ments in securing grants for the last seven years. Jim Hawkins asked how many
clients he had and how much actual money had been procured. Mr. McCord answered
several clients and over one million dollars in contracts or commitments. He
stated the City would not actually receive'a check, only a contract number. The
check would be mailed to the bank and we would draw upon it. In answer to a
question by Jim Tolleson as to who would do the paperwork, Mr. McCord answered the
paperwork would be done by city employees; he would do the design only. Jim Hawkins
asked'if any of the projects he had secured had started yet. Yes, said Mr. McCord.
Jim Hawkins asked Mr. McCord how he could get these grants and city officials could
not. He answered that he was a bureaucrat and knew what was available and who to
contact. Jack Shinall stated that Mr. McCord would be employed by the.City and
if he did not produce the contract would be cancelled. John Steely said we needed
the grants in order to correct some of our water and sewerage line problems.
Elbert Coalson stated that he could not go to Washington and try to get grants,
that this was a job for a professional. Jim Hawkins said we had an employee on
our payroll now that was qualified to secure grants, and he thought it was a shame
when things had gotten so complicated the local government and local people cannot
handle such projects. Mayor Johnson called for a vote... The motion carried by a
5-2 vote. Max Bacon, Jerry Mills, Jack Shinall, Elbert Coalson and John Steely
voted for. Jim Hawkins and Jim Tolleson voted against.
Variance request: Frazier Neon Signs, Inc., requested a variance from the sign
ordinance in order to install the regular McDonald's sign at their new location
at the corner- of Spring Road and Hargrove Road. Jim Tolleson -made a motion the
variance be granted. Max Bacon seconded the motion which carried by a 7-0 vote.
Residential Business License request: Mike Gloyd requested a residential business
license in order to operate a typewriter repair shop at 1034 Concord Road. Mr.
Gloyd was asked if machines would be carried in and out of the house and if he
(Continuation of April 21, 1980 Meeting)
wanted to put up a sign. His answer was yes, and he was advised that would be
against the ordinance. After discussion, it was decided that to have that type
of business the property would have to be rezoned. Jim Hawkins made a motion
the request be denied. Jim Tolleson seconded the motion which carried by a 7-0
vote.
Annexation: Thomas C. Mozen requested that property located at 3381 Lee Street,
Land Lot 556, be annexed into the City. Max Bacon made a motion this property,
the legal description read and spread over the minutes of March 17, 1980, be
annexed into the City of Smyrna and become a part of Ward 2. Jack Shinall seconded
the motion which carried by a 6-0 vote. Jim Tolleson was away from the table
when the vote was taken.
Commercial building permits were presented by Jim Hawkins as follows:
(1) U-Haul Company of Western Georgia requested a building permit to construct a
moving and storage facility at 2461 South Cobb Drive. Plans had been approved
by the Inspection Department and the Fire Marshal. Jim Hawkins made a motion the
permit be approved. Jack Shinall seconded the motion which carried by a 6-0 vote.
Jim Tolleson was away from the table when the vote was taken.
Elbert Coalson made a motion Mayor Frank Johnson be Smyrna's voting delegate at
the GMA Convention. Jerry Mills seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion Mayor Pro-tem Elbert Coalson be the alternate delegate.
Jack Shinall seconded the motion which carried by a 6-0 vote. Elbert Coalson
abstained.
Committee Reports: Max Bacon said he hoped to have a committee meeting on the
employee's deferred compensation program before the next council meeting. Max
also reported that Sam Barkley is in room 354 at Smyrna Hospital. Max said he
had had several complaints about the noise from night deliveries at King Springs
Plaza Shopping Center, and asked the police to help stop them. Mayor Johnson
asked Max to contact the owners also.
Jim Hawkins stated he had a request from Jerry D. Walters, 1169 Pinedale Drive,
for a side yard variance in order to build a room onto his home. He had a letter
from the adjoining property owner, William F. and Linda Berry, stating they did
not object. Jim Hawkins made a motion the variance be granted. Jerry Mills
seconded the motion. John Steely motioned to amend the motion to state, subject
to the approval of the Fire Marshal. Elbert Coalson seconded the motion. Vote
on the amended motion carried by a 7-0 vote. Vote on the original motion carried
by a 7-0 vote.
Jim reminded Council of the meeting at 6:00 Wednesday night to interview appli-
cants for a Building Inspector. Mayor Johnson stated the committee should review
the applications first, pick the top two, and then meet with full Council.
Jack Shinall stated they were moving ahead with interviews for engineers for the
201 Study. Also, we are having tractor trailers parking on residential streets
and he thinks we should especially watch the load limits.
Elbert Coalson stated that on April 12, 1980 a bike was stolen from a resident,
reported to the police, and was recovered by them the next morning. He commended
the Police Department for a job well done. The letter of commendation was from
Robert Coker.
Mr. Richard H. Simpson requested a business license to operate a taxi cab company
at 1347 Spring Street, Smyrna. Mr. Simpson had been investigated by the Police
Department which found nothing to keep the license from being issued. He was
advised the request must be advertised in the newspaper for two weeks. Elbert
Coalson made a motion the request be advertised and the public hearing date be
set for May 19, 1980. Jerry Mills seconded the motion which carried by a 7-0
vote.
John Steely made a motion the Smyrna Pony League be granted a facilities permit
to use Cobb Park for a fund raising tournament on Sunday, May 18, 1980 from 1:00
until 10:00 p.m. Elbert Coalson seconded the motion which carried by a 6-1 vote.
Jim Tolleson voted against. John read a list of the upcoming events sponsored
by the Parks and Recreation Department.
John Steely read a request for a parade permit from Cobb County Parks and Recrea-
tion Department. The parade is being sponsored by the Rhyne Park Recreation
(Continuation of April 21, 1980 Meeting)
Committee and will be held on May 3, 1980. The route is from the park to King
Springs Road, to South Cobb Drive, Concord Road, Atlanta Road, Highland to South
Cobb Drive, to King Springs Road and back to the park. John made a motion the
parade permit be granted. Elbert Coalson seconded the motion which carried by
a 7-0 vote.
John Steely also stated that we try to do everything possible to help the softball
and baseball associations and we certainly appreciate all the work they do, but
maintenance on the parks is costing the city approximately $1,000 per month, and
we must have some type of income from the parks if we hope to survive.
Announcements: The GMA District meeting will be held in Cartersville on April
22, 1980. The town meeting to discuss North Smyrna Park will be April 28, 1980
and the next Council meeting on May 5, 1980.
Meeting adjourned at 9:40 p.m.
J/Mtn?TOLLE ON, WARD 1
t
ERRY MI WARD 3
SHINALL, WARD 5
WILLOUISE SPIVEY, C CLERK
MAX BACON, WARD 2
1'e"
IM HAWKINS, WARD 4
FIRE MARSHAL
I, Jimmie T. Tidwell, do solemnly swear that I will well and truly demean
myself as Fire Marshal of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said City to
the best of my ability, without fear or favor, and in all my actions as
FIRE MARSHAL act as I believe for the best interest of the said City. So
help me God.
re r (Seal)
Subscribed and sworn to before
me this 21st day of April, 1980.
BUILDING INSPECTOR
I, Vernon Daniel Steely, do solemnl
myself as Building Inspector of the
that I will faithfully enforce the
the best of my ability, without fea
BUILDING INSPECTOR act as I believe
So help me God.
Subscribed and sworn to before
me this 5th day of May, 1980.
y swear that I will well and truly demean
City of Smyrna for the ensuing term, and
Charter and Ordinances of said City to
r or favor, and in all my actions as
for the best interest of the said City.
Building Inspector
r-
CITY MARSHAL
I, Vernon Daniel Steely, do solemnly swear that I will well and truly demean
myself as City Marshal of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said City to
the best of my ability, without fear or favor, and in all my actions as
CITY MARSHAL act as I believe for the best interest of the said City.
So help me God.
Subscribed and sworn to before
me this 5th day of May, 1980.
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