07-17-1978 Regular Meeting (2)(Continuation of July 3, 1978 Meeting)
H
license be granted. Jerry Mills seconded the motion. During discussion Jim Hawkins
asked Mr. Loden if he had read and understood the pawn shop ordinance. The answer
was yes. Mr. Loden stated he had applied for a swap -shop license to buy, 'sell and
trade, not a pawn shop license. He also stated he could.not operate a pawn shop at
this location since there was already one in Belmont Hills Shopping Center and it
was against their rules to have more than one business of this type. Mr. Loden was
advised the swap shop comes under the pawn shop ordinance and the license would have
to be issued as a pawn shop. After further discussion vote on the motion to grant
the license carried 6-0.
Bill Darby advised a Public Hearing on Federal Revenue Sharing expenditures would
be held at the regular meeting on July 17, 1978.
Mayor Johnson advised that Willouise Spivey received her Certified Municipal Clerk's
Certificate at the GMA Convention in Savannah last week. He congratulated her for
her efforts and -completion of the certification program.
Attorney Camp, in reviewing the pawn shop ordinance, noted that Section 14-52 read
as follows: "All applications for licenses hereunder shall be acted upon by the
Mayor and Council after a public hearing and after advertisement as required herein.
No license shall be issued until it -has-been approved by the Mayor and Council."
The section of the ordinance requiring advertising had been overlooked and appli-
cations for pawn shops had never been advertised. Jack Shinall made a motion the
license request be reopened. Jerry Mills seconded the motion for discussion. Mr.
Loden left the meeting with the understanding his license had been approved, and
there was some question as to whether the request could be reopened since he had
already left the meeting. After further research of the ordinance, Attorney Camp
stated that when -the ordinance was rewritten, or during the codification, the adver-
tisement requirement had been omitted; therefore, the license approved tonight would
be valid. The motion and second to reopen was withdrawn.
There being no further business, the meeting was adjourned at 8:30 p.m.
July 17, 1978
The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna,
Georgia on July 17, 1978. The meeting was called to order by presiding officer
Mayor Frank Johnson at 7:30 o'clock p.m. All Councilmen were present except Jerry
Mills who was in the hospital. Also present was City Attorney Charles Camp, City
Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little,
Public Works Director Jim David, Civil Defense Director Jim Farley, Parks and
Recreation Director Asa Howard, Assistant Parks and Recreation Director Sherry Reavis,
Luke Boring who was filling in for City Inspector John Steely and representatives
of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the Flag.
The first order of business was to consider the request for transfer of Cable TV
franchise ownership from Jones Intercable, Inc... to Cable Holdings, Inc. Jim Hawkins
made a motion the franchise ownership be transferred. Bill Darby seconded the
motion. Doyle Graves represented Jones Intercable. Robert*Broz represented Cable
Holdings, Inc. Mr. Broz presented a financial statement foi. Council review. He
stated Cable Holdings, Inc. operates five other cable systems at this time. They
have, through the use of satellite receiving stations, added,programming at some
of their other stations. Their plans are.to add these in Smyrna in order to bring
in a better pay TV package. The basic fee would remain Oie"same, although the pay
TV package might go up. Mr. Broz said it might be nece5sa•ry to add new amplifiers
in order to provide service to some areas, but that he w6u,]d see what could be
done. The certificate of insurance will be transferred from.Jones. Intercable, Inc.
to Cable Holdings, Inc. Vote on the motion to approve the transfer of franchise
ownership from Jones Intercable, Inc. to Cable Holdings, Inc. carried by a 6-0 vote.
No action was taken on the request by Barry Williams for a business license, per
his request to the business office.
0. A. Kimball requested a business license to operate "The Study Hall of Smyrna",
1022-19 Cherokee Road. Mr. Kimball explained he wanted to open a recreation hall
for children 12 through 18 years of age. He stated there would be a disco dance
(Continuation of July 17, 1978 Meeting)
room attached to a game room with pinball machines and foos ball games. The only
food served would be cokes, crackers, etc. Mr. Kimball stated he was familiar with
the IRS regulation on pinball machines. For clarification, Gunter Newsom said he
had contacted the IRS and was advised that a pinball machine did not require an IRS
stamp if no remuneration of any kind was given. Mr. Kimball stated he would comply
with this ruling. He also said he was familiar with our ordinance and would have
an off duty policeman on the scene during business hours. After further discussion,
Elbert Coalson made a motion the license be granted. Jim Hawkins seconded the
motion. Rem Bennett advised Mr. Kimball two business licenses would be required.
One for the disco and another for the game room. Vote on the motion was 4-2.
Bill Darby, Jim Hawkins, Elbert Coalson and Rem Bennett voted for. Jack Shinal-1 and
Jim Tolleson voted against.
Public Hearing on Federal Revenue Sharing expenditures: Finance Chairman Bill Darby
called on Finance Director Gunter Newsom. The total figure of $170,982 consist of
$46,000 received in July, another $46,000 which will be received in October and
the remainder is an estimated figure based on projections received from the Revenue
Sharing office earlier. The exact amount of dollars we will receive for Entitlement
10 is not known at this time. Mr. Newsom advised the projected figure is about
$30,000 less than we received last year. The amount is based on population and
per capita income and he felt the per capita income was listed much too high. Copies
of the Revenue Sharing budget were available to the public. There were no questions
or inquiries from the audience.
Bids for Fire Department badges were opened, read and are recorded as follows:
Turpin Uniforms
1047 Cherokee Road, Smyrna $1.25 Fire Dept. $1.50 Fire Prevention
Banner Uniforms
1259 Techwood Dr., Atlanta $ .93 Fire Dept. $1.25 Fire Prevention
Jim Hawkins made a motion bids be turned over to the Fire Committee with authority
to act. Jack Shinall seconded the motion. Bill Darby said he requested bids be
sent straight to the manufacturers but it was not done. He feels we could save
money by going directly to them. Jim Hawkins said he did not know the manufacturers
and had to go with what he had. Vote on the motion was 6-0.
Annexation: John H. Lanier requested 9.480 acres, located in LL 671 and 672 be
annexed into the city. Mayor Johnson stated that Mr. Lanier and Raymond D. Moon
Builders, Inc., were going to develop a subdivision on approximately 77 acres, 67
acres of which are already in the city. The 9.480 acres which is being'annexed
would provide entrance to the subdivision from Ridge Road. There was no question
about the annexation; however, in their letter of June 19, 1978 they did make the
following request:
(1) The city work with our sewer contractor by clearing the outfall line with
the city equipment.
(2) The city provide the tap and meter for water off of the county main on Ridge
Road.
(3) The city waive all subdividing and inspection fees associated with the develop-
ment of Cedar Cliffs subdivision.
Mr. Lanier said the reason for the requests was the sewer line outfall connecting
the city to the county line, approximately 2600 feet, will cost $29,128.50. This
runs outside their subdivision through county property. This does not include the
cost of land acquisition which will be an additional $5600 more; neither does it
include allowance for any rock along the outfall line. Presently, Ridge Road is
served by county water and he would like the subdivision to be on the city water
system. Mr. Lanier was advised the city had never made these allowances for con-
tractors and what we do for one we would have to do for all. After a lengthy
discussion, Mr. Lanier said the request for annexation did not hinge on approval
of the other request. Bill Darby made a motion the 9.480 acres be annexed into
the city to become a part of Ward 2. Jim Tolleson seconded the motion and the vote
carried 6-0. The legal description, deed and plat is to become a part of these
minutes.
Commercial building permits were presented by Luke Boring and upon his recommen-
dations the following action is recorded:
(1) Raymond D. Moon Builders, Inc. requested a rough grade permit on the sub-
division just annexed. Plans were in order. Rem Bennett made a motion the permit
be granted. Jack Shinall seconded the motion which carried by a 6-0 vote.
(Continuation of July 17, 1978 Meeting)
(2) Fouts Service Station, 2158 Atlanta Street, requested a permit to add two bays.
Plans were in order and he recommended permit be granted. Rem Bennett made a motion
the permit be approved. Jim Hawkins seconded the motion which carried 6-0.
(3) Hess Oil Company, South Cobb Drive at Concord Road, requested a permit to re-
build with self-service pumps and new canopy. Plans were in order and he recommended
approval, subject to approval of the Fire Marshal. Rem Bennett made a motion the
permit be approved, subject to approval of the Fire Marshal. Jack Shinall seconded
the motion which carried 6-0.
Jim Tolleson made a motion bids be requested for one (1) 1978 diesel lawn mower
tractor to be opened at the first meeting in August. Rem Bennett seconded the
motion which carried 6-0. This tractor to be paid for from Revenue Sharing Funds.
Committee Reports: Parks - Jim Tolleson reminded council of the meeting with the
Parks and Recreation Commission after the council meeting tonight. Asa Howard
read the recreational schedule for July. A meeting with LeRoy Brownlee is set for
Wednesday at 7:00 P.M. for an update on King Springs Park.
Finance - Bill Darby advised, due to the lateness of getting the final 1977 tax
digest, we were running short of operating funds. He made a motion we borrow
$200,000 for a period of 120 days for operating expenses, to be repaid when taxes
are received. Jim Hawkins seconded the motion which carried 6-0. Bill also asked
the date of final payment of 1977 taxes be set at forty-five (45) days after billing.
We have been advised by Cobb County that the 1978 Tax Digest will not be ready until
late December or perhaps the first of the year, which will make it necessary for
us to bill the first half of the 1978 taxes from the 1977 digest.
Fire - Jim Hawkins advised.that Fire Chief Don Atkinson is attending the State Fire
Chief's Convention in Marietta. Captain C. J. Sanford will attend the Arson
Investigation seminar in Athens on July 24-27.
Water - Jack Shinall advised the dates had been set back for the new water ordinance
so that everyone will get proper notification and new bills with the new wording
would be out within the next 60 days.
Civil Defense - Elbert Coalson advised that Civil Defense Director Jim Farley had
requested a meeting of the Civil Defense Committee on July 25th at 7:30 p.m.
Inspections - Rem Bennett reported City Inspector John Steely would be out of town
on vacation for two weeks.
Shawn Cochran requested Mayor and Council to send a letter to the Cobb County School
Board advising them of the additional 250 children expected to be brought in by
the development of the new subdivision, in order for them to make plans to accommodate
the children.
Meeting adjourned at 8:50 p.m.
L
RANK B. JOHNSON, MOOR
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WILLOUISE SPIVEY, CITY C
WILLIAM F. DARBY, WARD 2
P
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BERT R. COALSON, WARD
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L.1-1,10 671 & 672 — 17TH DIST. —2ND SECTION
COBB CW4TY, GEORGIA
DATE: JANUARY 26,1978 SCALE:4'. 1001
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All that tract or of land l.yiiq; ruxi b-fiu; in Lail Lots 671 and 6'72 of the
17th Di.strlct, Pod Sccticnr of Cobb County, Georgia, and being move particularly
r described as follows:
i Vel;Ludiv, at vt hers I -in located at the scxnthwe:;tClrl corner of Ivui Lot 671 (being
the curter ccxmKxi to bunt 1r)ts G"fl, 672, 625 ruxl G.'G, gild. District, Section and
County); ruut.hv. tltatrc•„ aluiu; the weslcrii mu•gin or l:uxl Lot 671 north 0 de[,rees
2 minute, wo:.L a di;;Lance or 169.0 reet to an iron pin; ruutinr*, thence along the
W3tcrrr rnaaq;l:n or laid int 671 month 0 detrrees 20 m.iimtes 30 seconds west a distance
of 490.0 feet to wi iivn pin; rLdudiu', thcin;e south 88 dri;rees 59 minutes cast a
distourcc or 897.0 1'crt. t:n an iroii, pin ors tho iioH,hwc:;trill neuTjn of the r.li)it-of-way
c of ltidr;e nr,oud (:;ai.d rir•liL-of'-way havhq!, a widLh of 'i0 feet); runiiiq!,, thence in a
s0uttrw--5terl;j d3recticai aioru; the not•t'hwc:;teiti uvu-j in of said right-of-way the
followirt; coui:;es altd cli>tvmcer,: south 46 clef*mcs 0 minutes west a distance of
143.4 Ceet; south 47 dc:i:tvo3 11 admiLes 1115 secoiHl; w.,:^,t a distance or 165.8 feet;
south 45 der,,,L-5 31 nil_iu+tes 30 . ecotids west a dU;Vince of 100.6 feet; south 41
Joiwee:; 52 uunute^ 1 i second:; w.st a clist.mce of ?ix)-3 feet; south 113 degreras 0
m rtutea west a distance of 364.2 feet; south 43 cte+;rccs 53 minutes 45 seconds west
a distance or 310.9 fecL 'to tun iron pin of the wr:;tcni tirwi to of Lanai Lot 672;
riuvW9, tltetrCO IkOrLh 0 (10ic112cs 5 uiinuLes 45 ;ecotrL; tx,st aloir;'thc western margin
.beliv7. 9.48 acres a:; :;trma7 rued del-LrreaLed on -survey rrr Raymt,xrl Pbon Ruilders, Inc.,
prepared by J. B. Dixuti,• Georgia Regi;;tered Land Suuveyor, dated January 26, 1978.
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,`�,� _\ TITLE BUILD—G
ATLANTA. GEORGIA
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11I���r 'Y'RUSILL•'' S DI'1:D
STATF OF GEORGIA
aromr— STATE OFFICE
COUNTY OF DEKALB
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THIS iNl)EN*rUltE. Made this the 21st day of June , in
the year of our Lord one thousand nine hundred seventy—eight (1978 ),
bctwe+•ar 411E ('17171-MI, A141) SOtMff:RN NATIONAL BANK
the Trust created under
as Trustee of/the last will and testament of Mrs. Stella L. Anderson
lute of the State of Georgia, and County of Fulton decease0of the First
Part. (hereinafter called "grantor") and RAYM314D D. MDON BUILDER, INC.
(if the State of Geoi);ia and Cowaty of of the Second Part,
(hereinafter called "grantee"); the cords "grantor and "grantee" to include their respective heirs,
successors and assigns where the context requires or permit,:
1CITNESSE•ru: That the said grantor (acting under and by virtue of the power and authority
contained in the said will, the same having been dtll•v probated and recorded in the Court of Ordinary
of Fulton Cotinty, Georgia), for and in consideration of
the Siam of
F'EF 1Y—?WC` '1110USANb ONE IfUNDRED FORTY AND N0/100-------------�--------
{$ 52,140.00—t I)OLLAR", in hand paid, at and before the scaling find delivery of these presents
(the receipt of which is hereby acknowledged), has granted, bargained, sold Rnd conveyed, and by
these presents does grant, bargain, sell and convey unto the said grantee, all that tract or parcel of
land hying and being
All that tract or parr•.,1 of lmd rwre particularly described on Exhibit "A" attached
taereto and incorporated herein.
*recorded in Will Lk')L-1< 68, I'ta(;e 606, Fkilton Coulaty, Georgia Probate Records
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TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the.rights, mem-
bers and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only
proper use, benefit and behoof of the said grantee forever, IN FEE SIMPLE: in as full and amplo a
manner as the same was held, possessed and enjoyed, or might have been held, possessed and enjoyed,
by the said deceased.
IN WITNESS WHEREOF, each grantor herein has hereunto get hand and seal, the day and year
IRE CITIZENS -MI) SOLM ERN NATIONAL BANK
first above written.
Signed, sealed and delivered BY: 1 -'� `' (SLAL)
to resence of: -•�
_. (SEAL)
(Unofficial Witness) / ,As 'Iruste ��f'' as Aforesaidi
_... (BANK SEAL)
(Notar} ublic)
Notary ►ublk, CM218. State at Lafn,.
Mr Ctxmtdfalon Etta Feb. 24 1981
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