February 5/19, 1979 Council Meeting
February 5, 1979
scheduled meeting of Mayor and Council was held pursuant to the Charter
Smyrna, Georgia on February 5, 1979. Presiding officer Mayor Frank
d the meeting to order at 7: 30 0' clock p.m. All. Council members were
Also present was City Attorney Charles Camp, City Clerk Willouise Spivey,
Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson,
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 Jim Hawkins, followed by the pledge to the flag.
Mayor Johnson read the results of the Special Election held February 3, 1979, which
showed that no one candidate received a majority of the votes, thus necessitating
a runoff election to be held on February 17, 1979 between John Steely and Linda Wells.
Mayor Johnson asked for Council approval of the election results, as certified by
Election Superintendent Ms. Dusty Bennett. Jack Shinall made a motion certification
of the election results be approved. Jim Hawkins seconded the motion which carried
by a 6-0 vote. (Copy of Certification to be made a part of these minutes.)
Mayor Johnson advised the Runoff Election to be held February 17, 1979 would cost
approximately $800.00 and asked Council to approve this expense. Bill Darby made a
motion $800.00 be appropriated to cover the cost of the runoff election. Jim
Tolleson seconded the motion which carried by a 6-0 vote.
Citizens Reports: (1) Harold Thompson, representing Smyrna Pony League Baseball
invited all city officials to attend their opening day ceremonies on April 7, 1979,
Cobb Park at 12:00 o'clock noon.
(2) "Wink" Winkenhofer, representing Smyrna Colt Palomino Thorobred Baseball stated
they had met with city officials on park rules and everything had been ironed out.
He thanked Mayor and Council for their time and support.
Zoning request - J. W. Jones requested that property located at 754 and 760 Cherokee
Road be rezoned from Limited Commercial to Light Industrial, to be used for an
office building and 79 mini-warehouse units. There was no opposition to the rezon-
ing, and the Planning and Zoning Board recommendation was the zoning be approved.
Elbert Coalson made a motion that property located at 754 and 760 Cherokee Road be
rezoned from Limited Commercial to Light Industrial. Jim Hawkins seconded the
motion. After discussion it was requested the minutes of the Planning and Zoning
Board be spread over these minutes as follows: "The first order of business was
a request from J. W. Jones, to rezone 754 & 760 Cherokee Road from Limited Commercial
to Light Industrial. Property being described as follows: All of that Parcel or
Property located in Land Lot 418, 17th District, 2nd Section, Cobb County Georgia
and being in the City of Smyrna and being more particularly described as follows:
Beginning at an iron pin on the South R/W of Cherokee Street North 89 degrees 54'
20" E, East 340.0 feet from East R/W of Burbank Circle; thence North 89 degrees 54'
20' E, 139.93' to an iron pin, thence S 02 degrees 31 12 W, 382.02" to an iron pin,
thence N 46 degreffi 23' 51 W 168.96' to an iron pin, thence N 00 degrees 10' 07' w,
264.90 to an iron pin and the point of beginning. Mr. Paul Lee and Mr. J. W. Jones
were both present. Mr. Lee spoke in Mr. Jones behalf. He stated that they planned
only one story buildings which would contain a total of 79 units. They also plan to
put a decorative type fence to help separate it from the adjoining property. After
some discussion it was the general consensus of the board that this project would
improve Cherokee Road. Jack Strickland made a motion the rezoning be approved as
requested. George Griffin seconded the motion and the vote was unanimous. (There
was no opposition to the request.)"
Don Hutchins. Vice President of Paul Lee Engineers, represented the builder.
Johnson called for a vote on the motion which carried by a 6-0 vote.
Mayor
Management change: Jim Hawkins read a letter from Police Chief R. E. Little stating
that an investigation by his department did not reflect any factors that would pre-
vent the applicant Joe S. Kwong, from being approved as the new Malt Beverage and
Wine license manager for Peking Garden Restaurant, 2526 South Cobb Drive. Jim Hawkins
made a motion the management change be approved. Jack Shinall seconded the motion
which carried by a 6-0 vote.
Commercial building permits were presented by Luke Boring and upon his recommendations
the following action is recorded:
(1) Ridgeview Institute, 3995 South Cobb Drive, requested a permit to make repairs
to the existing building. Plans had been approved by the Fire Marshal. Jim Hawkins
(Continuation of February 5, 1979 Meeting)
the permit be approved.
6-0 vote.
Elbert Coalson seconded the motion which
(2)
and
3316 South Cobb , requested a permit to build one room
the car wash building, to be used as sleeping quarters for a night
had been approved by the Fire Marshal and everything was in order.
Jim made a motion the permit be approved. Jack Shinall seconded the motion
which carrled by a 6-0 vote.
of
that
made
seconded
administered to Mr.
Len Williams be appointed as full-time City
Marion Len Williams be appointed as City
which carrled by a 6-0 vote. The Oath
by Mayor Frank Johnson.
Mayor
also recommended that Len Williams be appointed as City Marshal.
made a motion MariOn be appointed as City Marshal. Jim
Tolleson seconded the motion which carried by a 6-0 vote. The Oath of Office was
administered to Mr. Williams by Mayor Frank Johnson.
made a motion to accept bids to re-light Phase I of Ward Park. The
by Jack Shinall. During discussion it was brought out these
the inrield only. cost of this phase of the relighting project
in the amount of $18,000 to be paid from Revenue Sharing funds.
on the motion carried by a 6-0 vote.
Jim Hawkins made a motion the minutes of January 8, 1979 be approved as submitted.
Jerry Mills seconded the motion which carried by a 6-0 vote.
Jerry
Jim
a motion the minutes of January 15, 1979 be approved as submitted.
seconded the motion which carried by a 6-0 vote.
(Civil Defense)
Defense
of bad weather, the
they would be
Wednesday. They will be
keep volunteers.
Coalson reported that on Tuesday, February
would participate in a state-wide tornado
date is Thursday, February 22, 1979.
a seminar for the Jesse Coleman Council,
briefed on two items of civil defense and
(Water)
meters
than most of
Shinall reported a small survey had been made on the number of stopped'
cities, compared to our own, and found we were running about 3% less
the average cities.
also advised that late
their water would be
effect next month,
cutting off and on.
notices were going to be sent to residents ad-
if the bill was not paid. He hopes to
feels the cost of the postage will be less than
(Streets)
caused
Mills advised the cost of the pipe to correct the problem
of the Smyrna Swim and Tennis Club is The
engineering is the Smyrna Swim and Club
and the City Mr. Mills said it has been the policy of
pipe to correct lem if the owners purchased the pipe.
the
C. Hall.)
carried by
Bill Darby called on Finance Director Gunter Newsom. Mr. Newsom stated
an application for annexation on properties located on South Cobb
Road Road. The request was under Section
69-912 of the Code of Georgia. The petition from over
of the resident and sixty percent of the land owners by
the area affected. Mr. Newsom said he investigated and the petition covers
by over sixty percent of the land owners and resident voters. Bill
to validate the and set the public hearing for February 21,
o'clock p.m. Jerry seconded the motion. Gunter Newsom read the
and voters petition as follows: Donald
C. Hall, Mrs. R. L. R. L. Potts and Donna (Land Owners:
Olin, Sherman D. Olin, A. F. Bridges, R. L. Potts, Donald Hall and Betty
Vote on the motion to validate the petition and set date for the hearing
a 6-0 vote.
Bill DarbY advised there would be a Finance Committee meeting tomorrow at 5:00 p.m.
go
that in
Parks
requirements of the to
to make a minor change in our Smyrna Rules
(Continuat~on of February 5, 1979 Meeting)
and Regulation Handbook. He made a motion to amend the Personnel Rules and Regula-
tions Handbook, Chapter 1, Section 3 by adding the following:
Positions Covered .....For the purpose of these rules and regulations, a
full-time employee shall be any employee who is given an offer of employ-
ment for a period of six (6) months or more and whose position requires an average
of thirty (30) hours or more per week. Further, all regular full-time employees shall
receive all fringe benef~ts offered by the City." Jim Hawkins seconded the motion.
After discussion the motion carried by a 6-0 vote.
Jim Tolleson also st
funds since the
ordinance. Jim Tol
Administrator of all
a 6-0 vote.
Willouise Spivey had been admin~stering Ceta
Government requires this assignment be by
made a motion that Willouise Spivey be designated as
Ceta funds. Jim Hawkins seconded the motion which carried by
Jim Hawkins thanked Luke Boring for the many years service he has given the City,
first as Electrical Inspector for the City for many years, and second as filling in
through the years. Mayor and full Council thanked Luke, who stated he would be glad
to help if needed, and had enjoyed working with the City.
Jerry M~lls reported that Ken Wages, an electrician who had done a lot of work for
the City had lost a foot: last week. He suggested Mayor and Council send a get well
card.
Mayor Johnson reminded everyone of the CMA meeting in Powder Springs on Tuesday
night, February 13th.
Next: Council meeting to be February 19, 1979.
There being no further business the meeting was adjourned at 8:13 p.m.
************************
February 19, 1979
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, on February 19, 1979. 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
City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director
, Police Chief R. E. Little, Fire Chief Don Atkinson, City Inspector
, Parks and Recreation Director Asa Howard, Assistant Public Works Director
Broyles, Civil Defense Director Jim Farley and representatives of the press.
Mayor Johnson said tonight it was o.ur pleasure to swear in a new Council member,
John Steely, and called on Mr. Steely for the invocation, which was followed by the
pledge to the flag.
Mayor Johnson advised that of the 2,052 registered voters in Ward 7, 818 voted in
the runoff election held February 17, 1979 with the following results:
John Steely
Linda Wells
Voids
These results had been attested to by Sue M. Shope, Chief Manager; Mary C. Brooks,
Assistant Manager; Dusty J. Bennett, Superintendent of Election. These signatures
were attested to by Willouise Spivey as City Clerk. Jack Shinall made a motion the
election results be certified as read. Elbert Coalson seconded the motion which
carried by a 6-0 vote.
Mayor Johnson introduced the Honorable State Court Judge Tom Cauthorn who administered
the Oath of Office to John Steely, new Councilman for Ward 7.
John Steely was welcomed,. and Mayor Johnson introduced his wife Linda Steel.y.
Mayor
Februa
recognized "Terri Myers Day" in Smyrna and read the proclamation dated
1977. He also asked for a motion declaring February 4, 1979 as "Terri
(Continuation of February 19, 1979 Meeting)
Nyers
Nyers
Johnson
speak.
Smyrna
made February 4. 1979 be
which carried by a
parents, Roger and Brenda Myers. Roger
Council, the department heads and all
Terri and the family two years ago.
as "Terri
vote. Nayor
asked to
citizens of
a
office from his
Jerry Mills seconded the motion
C. Donegan, 3330 Atlanta Deville
license to operate a commercial real
Bill Darby made a motion the license
which carried by a 7-0 vote.
be
estate
granted.
(2) Regina S.
to
the
cation. John
the motion which
Lane, requested a residential license
from her home. A list of signatures of all
did not object, was attached to the appli-
mot:ion license be approved. Jim Tolleson seconded
a 7-0 vote.
permits were by Inspector LenlfJilliams and upon his
the followi.ng action is recorded:
(1)
3779
made
by a
requested a permit to remodel and finish as a
Plans had been approved by the Fire Marshal.
permit be granted. Elbert Coalson seconded the
dental office,
Hawkins
which carried
7-0
(2)
Jim
Irispector and
7-0 vote.
requested a permit to erect mini warehouses at 760. Cherokee Road.
a motion the perm'it be approved, subject to approval of the Building
the Fire Marshal. Jack Shinall seconded the motion which carried by a
Jim Hawkins read as follows: That the Code of Ordinances
be amended by adding a section to be numbered 3-2.1
to read as follows:
or change in the
affect the distance
3~26, sub-sections
in pUblic meeting
until the next
seven days from date
of this Chapter, after February 20, 1979,
of the location of any prpposed licensee
(9), Section 3-30 and Section 3-31, shall
and Council and no vote shall be taken to
scheduled meeting of Mayor and COUncil, which is
of the first meeting.
Jack
the
made a motion the amendment be approved as read.
which carried by a 7-0 vote.
Jerry Mills seconded
Jim
of
read as follows: That Section 3-1 of the Code of Ordinances of the City
be amended so that such section shall read as follows:
'in lineal feet
the nearest property
public park as
the normal route of ingress
front door of the proposed of
any church, school, library, private
, by the nearest means of travel, which
and egress of the property in question.
Mills made a motion the be approved as read.
motion which carried by a 7-0 vote.
Bill Darby seconded
read as follows: That Section 3-26 (8) of the Code of Ordinances of the
Georgia be amended so that such section shall read as follows:
- Malt or Vinous Beverages
shall be issued hereunder for the sale of Malt
of business of the applicant i.s located within
feet: from any church. school, public park or
shall be made of any door of
of li.censee to property line.
must be furnished surveyor
shall apply for or school
located The schools
or beverages,
a distance of three-
Measurements
of the
distances
provisions
portion of the
referred to
as teach the
of this state, and shall
(Continuation of February 19, 1979 Meeting)
not include private schools and colleges wherein only specialized subjects such as
law, stenography, business, music, art, medicine, dentistry, vocation, occupation and
other special subjects are taught. Provided however, in no event shall the building
containing such establishment be located closer than two hundred (200) feet from
the property line of any church, as measured by any means of measurement.
Jerry Mills made a motion the amendment be approved as read. Jack Shinall seconded
the motion. Jim Tolleson made a motion to amend the motion to add "or county" on the
end of the fourth it read as follows: "The provisions of this
section sh app h or school building or any portion of the lot as
defined h n 10 city or county." John Steely seconded the motion.
Jim Tolleson said his reason for the amendment was to protect citizens in the county.
After discussion e on the amendment to the motion was 3 to 4. Jim Tolleson, Jim
Hawkins and John ely voted for. Bill Darby, Jerry Mills, Jack Shinall and Elbert
Coalson voted against. Vote on the main motion carried by a 6-1 vote. Bill Darby,
Jerry Mills, Jack Shinall, Jim Hawkins, John Steely and Elbert Coalson voted for.
JUG Tolleson voted against.
Jim Hawkins read as follows: That Section 3-26 (9) of the Code of Ordinances of the
City of Smyrna, Georgia be amended so that such section shall read as follows:
Section 3-26 (9) - Malt or Vinous Beverages.
That no license may be issued hereunder for the sale of Malt or Vinous beverages,
where the place of business of the applicant is located within a distance of two-
hundred (200) feet of any lands zoned for any residential classification located
within the City of Smyrna. 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
residential 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 two-hundred (200) feet requirements,
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.
Jerry Mills made a motion the amendment be approved as read. John Steely seconded
the motion. Jim Tolleson made a motion to amend .the motion to add "or county" on
the end of the first sentence, making it read as follows: "That no license may be
issued hereunder for the sale of Malt or Vinous beverages, where the place of business
of the applicant is 1 thin a distance of two-hundred (200) feet of any lands
zoned for any residents fication located within the City of Smyrna or county."
Motion to amend died for lack of a second. Vote on the main motion carried by a
Bill Darby, Is, Jim Hawkins, Jack Shinall, Elbert Coalson and
y voted for. Tolleson voted against.
Jim Hawkins read as follows: That Section 3-30 of the Code of Ordinances of the City
of Smyrna, Georgia, be amended so that such section shall read as follows:
- Distance from Residences for Sale of Spiritous Liquors.
That no license may be sued hereunder for the sale of spiritous liquor, where the
place of business applicant is located within a distance of two-hundred (200)
feet as to or three-hundred (300) feet as to a pouring establishment,
of any Ian idential classification located within the City of
Smyrna. Measurement 1 feet shall be made from the center of any door of
customer entry of the proposed premises of licensee to the nearest residential property
line. A map showing distances and locations must be furnished by a registered surveyor
or engineer. If the majority of owners of land zoned for residential purposes as
herein defined agree in writing to waive the distance requirements, said waiver may
be considered by the governing body in acting upon said application.
For purposes of this chapter, the term "owners of residential land" means any person
owning an interest in the land except such interest as arises from a loan deed or
lien. "
Jerry Mills made a motion the amendment be approved as read. Jack Shinall seconded
the motion. Jim Tolleson made a mot:ion to amend the motion, to add "or Cobb Count:y"
after the words City of Smyrna at the end of the first sentence. Jim Hawkins seconded
the motion. Jim Hawkins stated the reason he seconded this particular one was because
he thought a pouring establishment located within an unreasonable distance from a
house would be bad. Vote on the motion to amend the motion was 3 to 4. Jim TOlleson,
J:im Hawkins and John Steely voted for. Bill Darby, Jerry Mills, Jack Shinall and
Elbert Coalson voted against. Vote on the main motion carried 4 to 3. Bill Darby,
Jerry Mills, Jack Shinall and Elbert Coalson voted for. Jim Tolleson, Jim Hawkins
(Continuation of February 19, 1979 Meet~ng)
and
voted against.
3-31 of the Code of Ordinances of the
such section shall read as follows:
the sale of spiritous liquors where the
located within a distance of three-hundred
or public park. All measurements in lineal
door of customer/entry Of the proposed
line of a library, chu1;"ch, school or
and locations must be furnished a registered
, in no event sha.ll the bui14ing containing
be located closer than two-hundred (200) feet from the property
church, as measured by any means of measurement.
a motion the amendment be approved as Elbert Coalson seconded
Hawkins asked Camp if a church within 200 feet,
would be Attorney Camp stated it would be protected
of "distance.. Vote on the motion 'Carried by a 6 to 1 vote.
Jim Hawkins, Jack Shinall, Elbert Coalson S.teely
Tolleson voted against
the City of
a
as. follows:
Georgia
in lieu thereof
was the only city in our area that re-
station. He made a motion the Code of
it hereby resolved that the Code or Ordinances
by striking Section 10-50 in its entirety
the following, so that the same shall read as
follows:
No
is
a self-service motor fuel dispensing pump unless an attendant
A cashier housed inside a building is classified as an
The
seconded by Jack Shinall, which carried by a 7 to 0 vote.
Jim
of
motion that
be amended by
(c) to
that the same
of the Code of
said Section 10-51,
(b) and by substituting in
read as follows:
the
shall be at least eighteen (18) years of age,
of performing the required duties,
the English language. He shall be familiar
and control the
It shall be the
1 liquid into portable
with state law, and to
if needed.
class 1
of the
unless
immediately
Jim
the motion which carried by a 7 to 0 vote.
that
accepted, to be opened at the first meeting
(2) 45 dozen softballs. Mills seconded
need for the two bids. We do not know how
thirty dozen, but could possibly need
a 7 to 0 vote.
Jim
made a motion that bids
accepted for the following:
Aerator
Sprayer
Mower
(Continuation of February 19. 1979 Meeting)
Jim Hawkins seconded the motion. Jim Tolleson explained this equipment is covered in
the Grant which is expected to be approved. If the grant is not approved, bids will
not be requested. Asa Howard explained the Grant has just been approved and these
items were specifically listed as administrative cost. and we are eligible to receive
them. Asa said we would have to follow their regulations in bidding the Aerator,
as it is a high-price item and they could require it be returned to them at the end
of the project. The motion carried by a 7-0 vote.
Annexation - ~ayor Johnson stated we had a request from John and Lamar Dickson that
the following described property be annexed into the City of Smyrna;
All that tract or parcel of land lying and being in Land Lot 412 of the 17th District,
2nd Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at a southwesterly side of South Cobb Drive and the northwesterly side
of Smyrna Hill Drive at a point. thence running southwesterly along the right-of-way
of Smyrna Hill Drive for a distance of 409.8 feet to a point of beginning; thence
running southwesterly along the right-of-way of Smyrna Hill Drive for a distance of
292.66 feet to a point, and thence running northerly for a distance of 280 feet to
a p hence running no.rtheasterly for a distance of 240 feet to a point, thence
run1'1 or a distance of 112.6 feet to a point, thence running V-lesterly
for a distance of 130 feet to a point, thence running southerly for a distance of
151.91 feet to the point of Beginning.
John Steely made a motion the above described property be annexed into the City of
Smyrna and become a part of Ward 7. Jim Hawkins seconded the motion which carried
by a 7 to 0 vote.
Mayor Johnson stated that a majority of Council would be out of town the 5th of
March and another date should be set for the next council meeting. Elbert Coalson
made a motion the first meeting in March be set for March 12, 1979. Jerry Mills
seconded the motion which carried by a 7 to 0 vote.
Committee Reports - (Civil Defense) Jim Farley reminded everyone of the practice
tornado drill this Thursday and the sirens will be sounded.
(Police) Chief Little thanked everyone for their cooperation and assistance the
last few days during the bad weather.
Jack Shinall asked Mayor Johnson, that in the future on any alcohol ordinance changes,
that he request full Council be present during the discussion so that their input
could be heard before they are written up.
(Inspections) Jim Hawkins asked to meet with the Inspections Committee immediately
after the meeting.
Jim Hawkins stated that even though we have meetings to go over amendments, every
Council member has a right to change his mind and we are obligated by law to vote
in public.
(Streets) Jerry Mills said he needed to hold a Street Committee meeting before
going to Washington.
(Parks) Asa Howard said the Spring brochures were being printed and should be going
out through the school system shortly. The Parks and Recreation Commission meeting
will be February 27th at 7:30 p.m., and also the Smyrna Federated Women's Club donated
75 seedlings to the Parks and Recreation Department to be put out in the different
parks.
John Steely stated he was looking forward to working with Mayor and Council and
thanked the people for electing him.
Mayor Johnson said he did not believe the City of Marietta intended to stop their
drive to annex property in and around Cobb Parkway. more specifically south of Smyrna-
Roswell Road, and he urged everyone to do everything in their power to keep them
out of this area. The need becomes more pressing every day.
Committee appointments:
Jim Hawkins
John Steely
Chairman, Fire Committee
Chairman, Inspections Committee
Member, Streets & Sanitation Committee
Member, Parks & Recreation Committee
Member, Public Works & Garage Committee
Member, Employees Benefits & Insurance Committee
(Continuation of February 19, 1979 Meeting)
There
no further business, the meeting was adjourned at 8:37 p.m.
1