January 8/15, 1979 Council Meeting
January 8. 1979
scheduled meeting of Mayor and Council was held pursuant to the Charter
on . 1979 at City Hall. Smyrna. Georgia. The meeting was called to order
by presi 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. ce & Administration Director Gunter Newsom, Police Chief R. E. Little.
Fire Chief Atkinson. Par d Recreation ector Asa Howard. Public Works
Director Jim David. Civil De Director Jim rley and representatives of the Fress.
Invocation was given by the new Minister of the Smyrna First Baptist Church. Reverend
Bud Abbott. followed by the pledge to the flag.
Mayor Johnson asked that Agenda Item #8. discussion of reduced hours at the city
dump. be brought up at this time. due to discussion which might involve Assistant
Director of Public Works Vic Broyles who has another meeting to attend. Jerry Mills
stated a study had been made by the Public Works Department on the cost of operating
the dump. The study showed the cost was approximately $35.000 per year. including
salaries. machinery. etc. A plan has been worked out where we could use 'the county
dump for approximately $6.000 per year. Jerry asked Vic Broyles to explai,n the
operation. Vic explained the county charges by the weight of the load. The plan
is for the City to chip up all limbs and continue to dump these chips at our dump:
therefore. the trash carried to the county dump would not be heavy trash. The
Environmental Protection (EPA) is very unhappy with the city dump due to the
lack of dirt to cover tra the amount of shale rock. The EPA required the dump
be covered at least twice a month. which necessitates heavy machinery be kept on
the site. His recommendation was that the dump be open on Saturday only. on a tem-
porary basis. to see how it worked. Jerry Mills made a motion the Sanitation Depart-
ment be given permission to take trash to the county dump. and also to close the
dump except on Saturday for a period of sixty (60) days, after which time the cost
factor will be looked at again. Jack Shinall seconded the motion which carried by
a 7-0 vote.
Citizens Reports: Gene Hoaster. 4144 Manson Avenue. stated he had a water problem
which had been contributed to by the Smyrna Swim and Tennis Club construction. He
asked if the City was to correct the problem or have the Club correct it.
Rem Bennett asked Jim the cost of correcting this water problem. Mr. David
said the cost of the pipe would be $519.64. plus an installation cost of approxi-
mately $500.00. Mayor Johnson stated the first thing needed was to determine if
this is a liability of the City or the Swim and Tennis Club. This problem was
turned over to the Streets Department for a report at the next meeting.
Jim Hawkins advised Mr. Raul Leon. applicant for a malt beverage/wine pouring
license at the Monterey Mexican Restaurant. that the investigation had not been
completed as yet but will be on the Agenda next week. He told Mr. Leon we were
unsu in our e s to reach him to advise him of the delay. and if there
were questions he ed to discuss he would be glad to meet with him after the
meeting.
Jim Tolleson asked Don Lillie and the entire Parks and Recreation Commission to come
forward for a presentation. Mr. Lillie.Chairman of the Commission. presented out-
going Councilman Rem Bennett. a member of the Parks and Recreation Committee, with
a plaque and thanked him for his efforts and accomplishments in the Parks and
Recreation Department. Rem thanked the Commission and Mayor Johnson expressed the
appreciation of himself and Council for his serving on the committee.
Bids for equipping a surplused military truck for the Civil Defense Department were
opened. read. and are recorded as follows:
Complete Cab Kit
Truck Utility
BodZ.L~~C_()mp. ~
No bid
Equipment Innovators
L & L Jeep Company
No bid
No bid
$1.227.07
Kit -$527.07
Heater-$275.51
William & Harvel Rowland
$3.274.92 or
$2,667.26
Elbert Coalson made a motion the bids be turned over to committee with authority
to act. Rem Bennett seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Luke Boring and upon his
recommendation the following action is recorded:
(
of January 8, 1979 Meeting)
requested a permit to
Marshall. Rem Bennett made
the motion which carried by
an alcoholic
a motion the
a 7-0 vote.
Oil. 2110
to the existing
checked by the
the plans had been checked
carried by a 7-0 vote.
requested a permit to and
Plans had been approved by Fire Marshal
Jim Hawkins made a motion this request
by the Inspector. Rem Bennett seconded
, Jones
the
and found
Mills seconded
South Cobb Drive. requested Cl permit to
Plans had heen chec1<.eq. py the Inspec-
order. Jim Hawkins made a motion the permit
which carried by a 7-0 vote.
Theodocian. owner located at 726 Cherokee Road, re-
yard variance in have a four car parking area off Burbank
ordinance calls for grass strip between the parking area and
request was to restriction. If the is granted
Baxter wants to property and use in practice.
pe no driveway entrance Road. This variance was
City Hall on Thursday but Council did not a copy of it
Due to this given to Council on Thursday. Jim
a motion it be the next meeting. Rem Bennett seconded
The motion and withdrawn. After further discussion. Jack
a motion to table request until the next meeting. Jim Hawkins
motion which by a 4-3 vote. Jack Shinall. Rem Bennett, Jim
Jim Hawkins voted to table. Elbert Coalson, Jerry Mills and Bill Darby
voted against.
advised the terms
December 31. 1978.
asked Council
Jim Tolleson
the Pl",l.1.1.ning and
7-0 vote. This
four members of the Planning and Zoning Board
members were from Wards I. II. IV and VII, and
from these wards for their recommendations.
a motion W. C. McCoy. 2599 Carolyn Drive be
Jerry Mills seconded the motion which
for a period of two years.
Ward II
year term.
Bill Darby made a motion Tom Corso be reappointed for another two
Jerry Mills seconded the motion which carried by a 7-0 vote.
Jim
term.
a motion Jack Strickland be reappointed for
seconded the motion which carried by a 7-0 vote.
Rem Bennett made a motion M. E. Jernigan. 305 Autumn Lane. be
the Planning and Zoning Board for a term of two years. Jim Hawkins
motion which carried by a 7-0 vote.
Terms for all four members will expire December 31, 1980.
made a motion the minutes of December 4. 1978 be approved as submitted.
seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the minutes of December 11. 1978 be approved as sub-
mitted. Jim Tolleson seconded the motion which carried by a 7-0 vote.
Elbert
made a motion the minutes of December 18. 1978 be approved as sub-
Darby seconded the motion which carried by a 7-0 vote.
reported that Parks Recreation Director Asa Howard had put together
"The Smyrna and Recreation Expansion Project." The grant
amount of $286.765.92. and approved will mean twenty-one (21) new CETA
for the City for a period eighteen (18) months. Director Howard ex-
the program and Mayor Frank Johnson commended him for his work on this
proj ect.
Bill stated he would like to
tonight. said..they met the
communication between Council
council next
it out
was unnecessary.
aPologize to the citizens requesting the variance
set by Council, but due to the lack of
of the City. they will be forced to
stated Council knew this request and
. and he felt their asked to make
a meeting of Inspections Committee immediately following this
over applications for the City Inspector.
(Continuation of January 8, 1979 Meeting)
Jim Hawkins stated that on December 18. 1978 he made a motion that amendments to
the ordinances. Section 3-1. 3-26(8). 3-26(9). 3-30. 3-31 and 3-39 be tabled until
further notice. At this time he made a motion these be brought off table. Jim
Tolleson seconded the motion which carried by a 7-0 vote.
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
be amended to read as follows:
Distance: The measurement in lineal feet from the center of any door of customer
entry of the p premises of licensee to the nearest property line of any
church. lib ollege, public park. public housing. public hospital
or private re fined herein. A radius shall be measured from the
center of any door of customer entry of the proposed premises of any licensee to
the nearest property line of any church. library, school. college, public park,
public housing. public hospital or private residence as defined herein."
Jim Hawkins made a motion Section 3-1 be approved as read. Jim Tolleson seconded
the motion. Mr. Hawkins stated the above read ordinance is the same as the Cobb
County ordinance. After a lengthy discussion Mayor Johnson called for a vote on the
motion which carried by a 4-3 vote. Elbert Coalson. Jim Hawkins, Jim Tolleson and
Rem Bennett voted for. Jerry Mills, Bill Darby and Jack Shinall voted against.
Jim Hawkins read:
"Be it resolved by Mayor and Council of the City of Smyrna that
be amended to read as follows:
No license shall be issued hereunder for the sale of Malt or Vinous beverages,
where the place of business of the applicant is located within a radius of six-
hundred (600) feet from any church building. school building. public or private.
Measurements in lineal feet shall be made from the center of any door of customer
f the pr of licensee to the nearest property line. A map
distanc ns must be furnished by a registered surveyor or
engineer. The provisions of this section shall apply for the church or school
or any po:rtion of the lot as herein described located within the city
y. The schools or colleges referred to herein shall include only such
county. ci other schools as teach the subjects commonly taught
in the common sch leges of this state. and shall not include private
schools and col ein only specialized subjects such as law. stenography.
business. music, a . medicine. dentistry. vocation. occupation and other special
subjects are taught."
Jim Hawkins made a motion Section 3-26. Subsection (8) be approved as read. Jim
Tolleson seconded the motion which carried by a 4-3 vote. Elbert Coalson. Jim
Hawkins. Jim Tolleson and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack
Shinall voted against.
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
Section 3-26. Subsection (9). Malt or Vinous Beverages be amended to read as follows:
No license shall be issued hereunder for the sale of Malt or Vinous beverages.
where the place of business of the applicant is located within a radius of three-
hundred (300) feet of any lands zoned for any residential classification whether
located within the City of Smyrna or Cobb County. Georgia. Measurements in lineal
feet shall be made from the center of any door of customer entry of the proposed
premises of licensee to the nearest property line. A map showing distances and
locations must be furnished by a registered surveyor or engineer. If the owners
of surrounding residential land so affected agree in writing to a waiver of the
three-hundred (300) feet requirement. said waiver may be considered by the
governing body in acting upon said application.
For purposes of this subsection. owners of residential land means any person
owning an interest in the land except such interest as arises from a loan.
deed or lien."
Jim Hawkins made a motion Section 3-26. Subsection (9) be approved as read. Jim
Tolleson seconded the motion which carried by a 4-3 vote. Elbert Coalson, Jim
Hawk Jim Tolleson and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack
Shin voted against.
it resolved by Mayor and Council of the City of Smyrna that
from be amended to
(Continuation of January 8, 1979 Meeting)
be for the sale of
is located within
and/or pouring
whether
Cobb County. Georgia. Measurements in
of any door of customer entry of
premises of licenSee the nearest property line. A map showing
locations must be furnished by a registered surveyor or engineer.
of owners of land zoned for residential purpOSes
in writing to waiver the distance requirements. may
by the governing body in acting upon said
For
of this chapter, the term "owners of residential land" means any
owning an interest in the land except such interest as arises from a
or lien.."
loan.
Jim made a motion Section 3~30 be approved as read. Jim seconded
the motion carried by a 4-3 Elbert Coalson. Jim Hawkins. Tolleson
and Rem Bennett voted for. Jerry 11ills. Bill Darby and Jack Shinall voted against.
and Council of the City of Smyrna that
be amend~
shall be issued hereunder for the sale of spiritous liquors where
of business of the is located within a radius distance of
(600) feet of a . church. school or public All
shall be made center of the front door
In the event applicant shall have two
entrance doors. a measurement shall be made from the
map showing distances and locations must be furnished by a
surveyor or engineer."
made a motion Section 3-31 be approved as read. Jim seconded
carried by Elbert Coalson. Ji..m Hawkin:=;. Jim Tolleson
voted for. Bill Darby and Jack Shinall voted against.
by Mayor and Council of the City of Smyrna that
be amended to read as follows:
~ Each peJ:"son manUfacturing or selling spiritous liquors in
pay an annual license tax as follows:
or wholesalers:
Vinous liquors, package only - $200.00
Vinous liquors, pouring only - $300.00. retailers
Registration fee for wholesalers - $15.00
or wholesalers:
(Delete in its entirety) Vinous liquors. Combi-
nation package and pouring.
or wholesalers:
package only $300.00
pouring only $400.00. retailers
fee for wholesalers - $15.00
wholesalers:
(Delete in its entirety)
package and pouring."
Halt
Combination
a be approved as read. to
Jim Tolleson the motion. Jim Hawkins
charged of Marietta. After
this be il all license fees can be Jerry I
the motion which carried by a 5-2 vote. Jerry Mills. Jack Shinall.
Rem Bennett and Elbert Coalson voted to table. Jim Hawkins and Jim
not to table.
thanked the Fire and Civil Defense
been in a tree for four days. Elbert also reported
good. and they will be on sale in the City Hall Tuesday
enj
hel.p
all the
appreciated what
on Council for the last
in any way he would feel
Rem it had been a
and
so.
with
..
,"
.. ,... ~.
..
(Continuation of January 8~ 1979 Meeting)
ohnson stated that in the last couple of months it has become quite apparent
ietta intends to annex a considerable amount of property in what we
consider to be in our natural growth area. primarily in the corridor in and around
Cobb Parkway. south of Smyrna Roswell Road and Windy Hill Road. toward Cumberland
Mall. He said he felt very strongly that this territory south of Windy Hill Road
is in Smyrna's natural growth area. He said he first contacted the Mayor of
Marietta objecting to that city's annexation pattern, and got no results. Later
he suggested the Mayor and Council of both Smyrna and Marietta meet collectively and
try to work together and the idea was completely thrown aside. Mayor Johnson said
that as an elected official. the Mayor of Smyrna. and the confidence placed in him
by the voters of this city. he feels compelled to stand up for what he thinks is
right for Smyrna and Cobb County. He said he has a Resolution which he is going to
ask Council to adopt tonight. a copy for delivery tomorrow to every Mayor in Cobb
County~ Commissioner of Cobb County Ernest Barrett and the Cobb County School Board.
calling to their attention how we feel about this annexation. About two months ago
he wrote a letter to the Cobb County Delegation calling their attention to the fact
that Marietta was infringing on our natural growth area and were taking money from
the county school board. money the school board could not afford to lose. Every
parcel of land annexed by the^City of Marietta causes a deficit of 17 mills to the
Cobb County School Board because Marietta has its own school system. Each citizen
of Cobb County. not residing in the City of Marietta. not residing in the City of
Marietta. is going to have to make up the 17 mills to support our schools. He
paralleled the action of Marietta to be like Sherman marching through Georgia to
the sea. raping and ravaging everything in his path. with no regard for the citizens.
Mayor Johnson read the attached Proclamation. Bill Darby made a motion to authorize
Mayor Johnson to sign the Proclamation. Elbert Coalson seconded the motion which
carried by a 7-0 vote. Council thanked Mayor Johnson for his efforts regarding
this problem and gave him their wholehearted support.
Mayor Johnson said the Proclamation would be hand delivered to all the cities, to
the Commissioner's office and the Cobb County School Board tomorrow morning. Every-
one in the audience applauded this action.
Mayor Johnson recognized the Chairman of the Cobb County School Board Jack Darnell
and Board member Sam Whitfield. They thanked Smyrna for taking this action.
Cobb County Commissioners Wit Carson and Butch Thompson were recognized.
Qualifying dates for Ward 7 Council seat are January 9th. lOth and 11th; CMA Monthly
meeting tomorrow night at Kennesaw and the next counciJ^ meeting will be January 15th.
Meeting adjourned at 9:29 o'clock p.m.
************************
The regular scheduled meeting of Mayor and Council was held January 15. 1979 at
City Hall. Smyrna. Georgia. Presiding officer Mayor Frank Johnson called the
meeting to order at 7:30 o'clock p.m. Six Council members were present. the Ward
7 Council seat being vacant. Also present was City Attorney Charles Camp. City
Clerk Willouise Spivey. Finance Director Gunter Newsom. Fire Chief Don Atkinson.
Police Chief R. E. Little. Parks and Recreation Director Asa Howard. Public Works
Director J. E. David. Civil Defense Director Jim Farley. Inspector Luke Boring and
representatives of the press.
Invocation was given by Councilman Jack Shinall. followed by the pledge to the flag.
Citizens reports: Sue Brissey stated she observed three or four months ago that
the owners of the house at the corner of Havilon Way and Concord Road had all the
trees in the front yard cut down. and the City spent at least two and maybe three
days cleaning the yard. all the way to the house. She asked how this could happen.
Mayor Johnson stated he would check into the situation and contact her.
Dr. Marcus L. Bramblett. Pastor of the King Springs Baptist Church. appealed to
Mayor and Council to let the Alcoholic Beverage Ordinance changes approved at the
last council meeting stand. He understood they would be changed again tonight.
Mayor Johnson advised Dr. Bramblett he would be allowed to speak on this when
Item #6 of the Agenda was brought up.
( ,
(Continuation of January 15. 1979 Meeting)
Road
a motion to
Jim Tolleson
made a motion
property located at
Jack Shinall
three (3) letters from
of these minutes. Jack
the main motion. carried
for a variance at 726 Cherokee
which carried by a 6~0 vote.
variance. requested by James Pete
Road at the corner of Burbank Circle,
Elbert Coalson amended the motion
stating they had no objection. be
Shinall seconded the motion. The motion to
by a 6-0 vote.
be
to read
made a
amend. q.pd
Jim
twelve
days.
seconded
read a letter from John Dickson request.ing a temporary
op top of his building at Dickson Shopping Center for
Hawkins made a motion the temporary permit be approved.
the motion which carried by a 6-0 vote.
permit to place
a period of 30
Bill Darby
Monterey Mexican Restaurant. 2540
read the letter from Police Chief
stating that due Mr. Leon cannot speak english there might
as to whether he the laws and ordinances governing
business. He also noted the application was not the person
the application for J'fr. Leon. as is required by law and it appears
from investigation there were considerable misrepresentation$ relative to the
application. Mayor Johnson caLled on Chief Little who stated his department had
to contact Mr. Leon at the address listed on the application; also.
lett:ers had been returned to his office as unclaimed. Jesus Onate. Mr.
Leon's partner. stated Mr. Leon was delayed and should be present in about five
minutes. Mayor Johnson set this request aside until later in the meeting when Mr.
Leon Wq.s present.
Bill Darby made a motion the Beverage Ordinance amendments be tabled.
Jerry M:ills seconded the motion wh:ich carried by a 4-2 vote. Bill Darby. Jerry
MilLs. ..Jack Shinall and Elbert Coalson voted to table. Jim Hawkins and Jim Tolleson
voted not to table.
Mayor Johnson stated there was some d:issension among council members about these
thealcQholic beverage orclinance. Some felt the previous ordinance was
a lenient whi_le some felt the changes made last week were a little too
strenuQU$. A committee will be appointed to make an indepth study in an effort to
adopt an ordinance which would accepted by all. ~~yor Johnson told
Dr. that when the formed we would be glad to have his
and the comments of who might have a meaningful input. Dr.
he would like tQ meet with the committee. Mayor Johnson told him
notified. Mayor Johnson also called to the attention of Dr. Bramblett
House 1/172 which is under cQnsideration now. which concerns the clistance
measure:m.ents to churches and schools for liquor stores Reverend McHan of the
Sharon Baptist Church asked that he be allowed to meet wi.th the committee also.
Mayor Johnson told Reverend Bramblett that he and the large group w:ith him had a
chanGe to speak out on other issues. Referring to the "Speak Out on the Issues"
poll in last Saturday's Marietta Daily Journal. ~~yor Johnson told the group
copies had run and if they wanted to fill one out and leave it. we would mail
them to the ta Journal.
permits were presented by Luke Boring and upon his recommen-
action is recorded:
2110 Atlanta Road, requested a permit to remodel and install
on the existing structure. Plans had been approved by the Inspector
Marshal. Elbert Coalson made a motion the permit be approved. Jerry
Mills seconded the motion wh:ich carried by a 6-0 vote.
(2)
the
the
Sh inall
n..e First Baptist Church. 1275 Church Street. requested a permit to remodel
space in the church. Plans had been approved and Mr. Bpri'p.g reconullended
approved. Jerry Mtllsmade a motion the permit be granted. Jack
the motion which carried by a 6-0 vote.
Mr.
applicant for the malt beverage/wine pouring
along with Jesus Onate. acting as
Jerry asked Mr. Leon if he understood the
There was some where Mr. Leon lived.
could not make it counc:il. his home address.
been living at the listed on the application.
licenSe at the Monterey
were called
the answer
not re-
said
Pinehurst