06-16-1980 Regular MeetingJune 16, 1980
The regular scheduled meeting of Mayor and Council was held on June 16, 1980 at the
City Hall, Smyrna, Georgia. 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, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recrea-
tion Director Bill Johnston, Civil Defense Director Jim Farley, Building Inspector
Dan Steely, Superintendent of Water Department Larry Dunn and representatives of the .
press.
Citizens reports: Dean Byers, President of Smyrna Pony League stated they would be
hosting the District II Tournament and asked that Sanford Place be made one way
until after the tournament. Jack Shinall made a motion Sanford Place be made one
way, south to north, effective. June 17 to July 30, 1980. John Steely seconded the
motion which carried by a 7-0 vote. Mr. Byers also asked that Sanford Place be
blocked off during the tournament and they be given approval to ask for donations
to help defray the cost of hosting the tournament. John Steely made a motion that
Sanford Place be blocked off during the tournament and the league be allowed to
ask for donations. Jerry Mills seconded the motion which carried by a 7-0 vote.
Shirley Davis of 2491 Ventura Place stated she appreciated the meeting that was
set up to discuss Billy Howard Wrecker Service, but she did not think anything was
accomplished. She said workers from the wrecker service were talking loud at night
and were rowdy. She said it did no good when they called the police because the
wrecker service would hear the call and be gone when the police got there. Mayor
Johnson advised Mrs. Davis this was a civil case and there was not much we could
do. Ms. Sara Cordle of Powder Springs Street said she had to move from Ventura
Place because her mother was ill and could not stand the noise. Jim Tolleson
suggested we give Billy Howard two weeks to get things straightened out, or show
cause.
Ordinance Amendments: Jack Shinall re -read an amendment to the Code of Ordinances,
Section 21-9, Ten Thousand Pound Vehicles as recorded in the minutes of June 2,
1980, and made a motion the amendment be approved. Jerry Mills seconded the motion.
After discussion a motion was made by Elbert Coalson, seconded by Jim Tolleson to
table for further study. Vote on the motion to table carried by a 6-1 vote. Jim
Tolleson, Max Bacon, Jerry Mills, Jim Hawkins, Elbert Coalson and John Steely voted
for. Jack Shinall voted against the motion.
Jim Hawkins re -read amendments to the Code of Ordinances as recorded in the minutes
of June 2, 1980 and made a motion the amendments be approved as,follows:
That Section 6-95 of the Code of Ordinances, City of Smyrna, Georgia, is hereby
amended by omitting the last two sentences therefrom and adding in their place the
following:
"Fees for temporary signs shall be twenty-five ($25.00) dollars for each electrical
or non -electrical sign. Permits shall be -limited to a ninety (90) day period from
date of permit, and shall be renewable only after the lapse of 180 days from date
of the last grant of the permit, and after payment of all fees and application
requirements required hereunder as for a new temporary permit." (effective 6/17/80)
Jim Tolleson seconded the motion to approve the amendment which.carried by a 7-0
vote.
That Section 6-105 of the Code of Ordinances, City of Smyrna, Georgia, is hereby
amended by adding the following after the last sentence thereunder:
"All variance applications under this chapter shall be accompanied by a twenty-five
($25.00) dollar fee for the administrative costs thereof, and shall meet all
requirements of,notice of place and time of.hearing as required under the existing
zoning ordinances except no newspaper advertisement shall be required." (effective
6/17/80)
Max Bacon "seconded the motion to approve the amendment. Following discussion Jim
Hawkins made a motion the original motion be amended to add "(Building & Construction)"
in the first sentence to read as follows: "All variance applications under this
chapter (Building & Construction)..." Max'Bacon seconded the amendment which carried
by a 7-0 vote. Vote on the main motion carried by a 7-0 vote.
That Section 67106 of the Code of Ordinances,.City of Smyrna, Georgia, is hereby
amended by changing the notice requirement to the sign ordinances from thirty (30)
days to five (5) days so'that the first sentence thereof shall read as follows:
(Continuation of June 16, 1980 Meeting)
"If the building inspector shall find that any sign is unsafe or insecure or has
been constructed, erected or maintained in violation of this article, he shall
give written notice to the owner of record specifying particular violations and
demanding their remedy within five (5) days." (effective 6/17/80)
Jerry Mills seconded the motion to approve the amendment which carried by a 7-0
vote.
Commercial building permits: The Crown Shop at Cobb Center Mall requested a
building permit to renovate their existing building, at an estimated cost of $7,000.
Plans have been approved by the Building Inspector and Fire Marshal, and Inspector
Dan Steely recommended the permit be approved. Jack Shinall made a motion the
permit be approved, seconded by Jim Hawkins. Vote on the motion carried by a 7-0
vote.
Jerry Mills made a motion that two loans for $200,000 each be renewed for 60 days.
Jim Hawkins seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion that the City borrow $250,000 in tax anticipation for
60 days. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Annexation: King Springs Baptist Church requested annexation of property located
in Land Lots 481, 527 and 528. 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 Lot 481, 527 and 528 of
the 17th District, 2nd Section, Cobb County, Georgia, and being 6.07 acres as per
plat of survey for King Spring Baptist Church by Delta Engineers & Surveyors,
Inc., dated July 26, 1973, as appears of record in Plat Book 60, Page 49, Records
of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the southwesterly side of King Spring Road at its inter-
section with the south line of Land Lot 527; running thence south 88 degrees
50 minutes 30 seconds west along said land lot line 532.4 feet to a point and iron
pin; running thence south 17 degrees 54 minutes 30 seconds west 73.6 feet to a
point and iron pin situated on the east line of Land Lot 481; running thence south
02 degrees 10 minutes 20 seconds west along said land lot line 154.8 feet to an
iron pin situated on the northeasterly side of South Cobb Drive;'running thence
north 41 degrees 07 minutes 20 seconds west along the northeasterly side of South
Cobb Drive 293.2 feet to an iron pin situated on the north line of Land Lot 481;
running thence north 89 degrees 00 minutes east 201.4 feet to an iron pin situated
at the common corner of Land Lots 481, 482, 527 and 528; running thence north 01
degrees 53 minutes 50 seconds west along the west line of Land Lot 527 a distance
of 510.4 feet to an iron pin and property now or formerly owned by Buster Elliott;
running thence north 88 degrees 08 minutes east 385.8 feet to an iron pin situated
on the southwesterly side of King Spring Road; running thence southeasterly along
the southwesterly side of King Spring Road and following the curvature thereof
543.4 feet to an iron pin situated on the south line of Land Lot 527 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/WILLIAM H. BLACK, CHAIRMAN OF TRUSTEES"
Jerry Mills made a motion the signatures be validated and the public hearing set
for July 7, 1980. Jack Shinall seconded the motion which carried by a 7-0 vote.
Committee Reports: (Parks) John Steely reported the expected completion date of
the Senior Citizens Center was August 1, 1980; Fourth of July festivities will be
held at King Springs Park from 1:00 to 9:30 p.m.; the first swim meet will be
televised tomorrow by Smyrna Cable TV.
John stated attendance at King Springs Pool and Church Street Pool was up this year
and made a motion the pool hours be extended two hours each day, on a trial basis.
New hours will be from 1:00 to 6:00 p.m. and if we find we are losing money by
doing this, the committee would be authorized to change the hours back to the
(Continuation of June 16, 1980 Meeting)
0
original schedule. Jack Shinall seconded the motion which carried by a 7-0 vote.
John Steely made a motion the Mayor be authorized to approve several change orders
for the Senior Citizens Center, totaling $1,501.81. Jack Shinall seconded the
motion which carried by a 7-0 vote.
John Steely presented a revised schedule for work to be done on the proposed
North Smyrna Park and asked all council to study it and give it their full con-
sideration, as it would be brought up for approval at the next regular meeting.
Jerry Mills stated at this time he did not want to commit the City to more expenses
for parks. John said the different athletic associations would actually build the
fields and maintain them under this plan. Bill Johnston also stated that the plans
presented were almost non-existent to any cost. The county has committed to do
some of the road and surveying, and the soccer association has agreed to do some
of the fencing, approximately two-thirds.
John reported the Parks and Recreation Department was sponsoring a father/son and
mother/daughter tennis tournament on July 4th at King Springs Park., Entry fee is
$2.00 per person and deadline for entry is June 27th.
(Police) Elbert Coalson read a letter from Reba Gilbreath thanking the Police
Department for their assistance in the recent bus rodeo.
Jim Hawkins stated at the last council meeting he made a request for a stop sign
at McCauley Road and the request was tabled. Jim made a motion this request be
brought off table for further discussion. Jim Tolleson seconded the motion. Jerry
Mills stated Jim David was not present tonight and he had not received a report from
him concerning the need for the sign. John Steely said he was still opposed to
the use of a stop sign to slow traffic. Vote on the motion to bring off table
carried by a 4-3 vote. Jim Tolleson, Max Bacon, Jim Hawkins and Elbert Coalson
voted for. Jerry Mills, John Steely and Jack Shinall voted against the motion.
Following further discussion, Jack Shinall made a motion the request be tabled
until Jim David could complete his study and make a recommendation. Jerry Mills
seconded the motion which lost by a 4-3 vote. John Steely, Jack Shinall and Jerry
Mills voted for the motion. Jim Tolleson, Jim Hawkins, Elbert Coalson and Max
Bacon voted against. Vote on the original motion to approve the stop sign carried
by a 4-3 vote. Elbert Coalson, Jim Tolleson, Max Bacon and Jim Hawkins voted for
the motion. Jerry Mills, John Steely and Jack Shinall voted against.
Max Bacon read a proposed new ordinance pertaining to vicious animals and stated
he would ask for a vote on the ordinance at the next council meeting.
Jim Tolleson stated Woodruff Drive was in the process of being paved and thanked
the county for this work.
Mayor Johnson appointed Jerry Mills, Max Bacon and Jack Shinall to serve on the
Annexation Committee with John Steely. Mayor Johnson asked all council members
to attend an informal finance meeting next Thursday. The Jonquil Breakfast will
be at Fair's Restaurant next Wednesday and the next council meeting on July 7th.
Meeting adjourned at 8:53 p.m.
FRANK B. JOHNSON, YOR
ES E. TOLLESON, WARD 1
Z1VZ1,4 -
Y MIOeg, WARD 3
JACK SHINALL, WARD
STEELY, WARD 7
WILLOUISE SPIVEY, CITY ERK
MAX BACON, WARD 2
JAMES M. HAWKINS, WARD 4
ZELBERgTR. COALSON, WARD 6