August 14/18, 1980 Council Meeting
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on August 4. 1980 in the Council Chambers of City Hall. The meeting was called to
order by presiding officer Mayor Frank Johnson. All Council members were present.
Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey,
Director of Finance & Administration Gunter Newsom, Police Chief R. E. Little.
Assistant Fire Chief Hubert Cochran. Public Works Director Jim David, Parks and
Recreation Director Bill Johnston, Building Inspector Dan Steely, Civil Defense
Director Jim Farley and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Jay Golden, Director of the Smyrna Swim Team Parents Association
the 5th District GRPS Swim Meet this past weekend. The
meet was very successful and there was a great deal of favorahle comments concern-
ing the facilities and the manner in which the meet was conducted. Mr. Golden said
he was proud of our city for providing these facilities and for the Parks and Recrea-
tion Department for their assistance. The City will send 22 children to the State
meet out of approximately 75 that participated. and five of these swimmers set new
records. Mr. Golden presented each council member with a t-shirt and patch. Jim
Tolleson said he had received comments from citizens about how well the swim meet
was run this year, and the credit goes to Mr. Golden. Jim thanked him for his efforts.
The Atlanta Track Club requested a parade permit for the St. Thomas 8-Mile Road
Race to be held August 23. 1980. John Steely made a motion the permit be granted,
subject to approval by the Police Chief. Max Bacon seconded the motion which carried
by a 7-0 vote.
Wink Winkenhofer stated he had become aware lately that a lot of people in Smyrna
and surrounding areas were not aware of the changes in emergency ambulance service
that has taken place in the last 2 years due to the other two funeral homes dis-
continuing their emergency service. In the last few weeks there have been quite
a few emergency calls resulting in a series of unnecessary steps berore reaching
an ambulance would respond to the call. Mr. Winkenhofer said he had prepared
a letter ror Mayor and Council notifying them of the changes in services, and
hoped they would take whatever steps were necessary to inform the public,
Ringo's Wharf, 421 Jones Shaw Road, applied for a
and the request was tabled at the July 21st meeting
due to the application being incomplete. Since that time, Mr. Robert Edinger,
applicant, has advised the City that he lost the lease on the building and requested
that the application be withdrawn.
One Package License:
e license for Sunshine
applicant's attorney, Weston
be withdrawn.
Nak Won Song made application for a beer and wine
Food Store. 540 Cherokee Road. A letter from the
D. Baxter, was read requesting that the application
Hyman Lee Davidson requested a license for the sale
. 3350 South Cobb Drive. Mayor Johnson stated
as a point of clarification that the reason we have so many applications on the
agenda tonight is that in the past we have had some delay in tbe Federal research
investigation report coming to us. and some of these applications have been held
three or four months pending these reports, Jerry Mills said for the record, that
twelve months ago Council had a show cause hearing for Smyrna Market resulting in
temporary suspension of the beer license and twel.ve months probation. but at this
time, the probationary period has expired. A letter from Chief R. E. Little was
read stating the police investigation did not, at this time, reveal any factors
which would prevent issuance of the license. There was no opposition to the license
request. Jerry Mills made a motion the license be granted. John Steely seconded
the motion which carried by a 7~0 vote.
Mr. John T. Hicks requested a license far the sale of beer
South Cobb Drive. There was no opposition to the request.
The police investigation did not reveal any factors at this time, which would
prevent issuance of th::Ls cense. .Tim Hawkins said the application and survey of
location seemed to be in er and made a motion the license be granted. Jerry
Mills seconded the illotion which carrled by a 7-0 vote.
M. Briglevich requested a variance from the ordinance
IS' to 5' to allow for the construction of a
Hospital. Attorney Tom Lawler, representing
(Continuation of August 4, 1980 Meeting)
Dr.
John
and
from
spoke in opposition of
said he was not in
motion the request be
Smyrna Hospital. Jerry Mills
the granting of the variance. After discussion.
of granting a variance on a verbal agreement,
until we receive somethi.ng in writing
seconded the motion which carried by a 7-0 vote.
Max made a motion that Council approve the following resolution which would
make available a deferred compensation plan for ci.ty employees:
RESOLVED: that the City Council of the City of Smyrna, Georgia, desiring
to make available to its employees the benefits of a plan of Deferred
Compensation whereunder each eligible employee may elect to defer receipt
of a portion of his annual compensation, whereby adopts the City of Smyrna
Deferred Compensation Plan, substantially in the form of the plan attached
to resolutions, with such changes therein not inconsistent with the
thereof, as may be authorized by the Employee Benefits Committee of
the City Council upon the advice of the City Attorney.
RESOLVED:
that the City Treasurer will administer the plan as appropriate.
that the City Treasurer j.s authorized to take such steps,
the purchase of insurance or annuity contracts from the Hartford
Variable Annuity Life Insurance Company in tbe name of the City, as may
be deemed necessary or desirable to effectuate and carry out the plan.
that the plan shall be effective for the plan year commencing
4, 1980.
John Steely seconded the motion which carried by a 7-0 vote.
permits were presented by Inspector Dan Steely as follows:
Construction requested a building permit to construct a doctor's
existing building at Ridgeview Institute Professional Building. at
an cost of $16,000. Plans had been reviewed by the Fire Marshal and
Jim Hawkins made a motion the permit be approved. Jim
Tolleson seconded the motion which carried by a 7-0 vote.
made a motion the minutes of July 7, 1980 be approved as submitted.
seconded the motion. Jerry Mills said he was voting to approve the
he did not agree with certain portions, specifically the statements
Tolleson, Ji.m Hawkins and Max Bacon. Vote on the motion carried by
vote, with Jack Shinall abstaining.
made a motion the minutes of July 21, 1980 be approved as submitted.
seconded the motion which carried by a 7-0 vote.
Jim Tolleson urged everyone to re-read the minutes of the
because he there were some things said that they should
particularly the part where he asked the Mayor to do something about
the newspapers. Jim the Mayor to try and find out who gave
to the press and do about it. Mayor Johnson asked Mr. Tolleson
any ideas about how to do that, and if so, to let him know.
thanked Bill Johnston and his staff for a job well done at the swim
Max said he had no other comments concerning his statement on
he really didn't know any way. other than taking a lie detector test,
conscience.
Jim
asked Gunter Newsom for a report on the progress of the zoning maps.
progress had been slow, but we were working on them. It was really
of priorities as to how quickly we could get them updated. Jim said
like to see it moved to a higher priority, because it ~aking the job
for our Planning and Zoning Board and for the Inspections Department.
a matter
he
said he had met with a of merchants in the had
adoption of the amendment to the Code dealing with signs
would be making a recommendation to Counci.l at the next meeting of some
variations to the ordinance. Also at the same meeting. Mr. Kipreos, owner
Restaurant, was present to talk about some problems he is having with
cable reels on their property next to his restaurant. Jim
Mack Henderson with Southern Bell about moving the reels to
lot and Mr. Henderson said he would look into it, and if
(Continuation of August 4. 1980 Meeting)
they could possibly be moved, they would. Legally. however, there is nothing
that the City can do to have the reels removed.
Jack Shinall reported the City had not experienced any water shortages.
EJ_bert Coalson read the letter from Wink Winkenhofer to Mayor and Counci.l explain-
ing the change in emergency ambulance service. He assured Mr. Winkenhofer we
would do everything we could to educate the public and asked the press to give
it as much publicity as possible.
John Steely said the Senior Citizens Center was complete except for some minor
details. The grand opening will be around the middle of September. John commended
Bill and his staff for the good job they did at the swim meet. John said we have
submitted our tentative agreement for North Smyrna Park to the State but have
not heard from them.
Announcements:
Next council meeting on August 18th.
Meeting adjourned at 8:25 p.m.
************************
The regular scheduled meeting of Mayor and Council was held August 18, 1980, at
City Hall, Smyrna, Georgia. '{'he meeting was called to order by presiding officer
Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present.
Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police
Q,ief Everett Little, Finance Director Gunter Newsom, Building Inspector Dan Steely,
Parks and Recreation Director Bill Johnston. Assistant Fire Q"ief Hubert Cochran,
Public Works Director Jim David, Civil Defense Director Jim Farley and representa-
tives of the press.
Invocation was given by Elbert Coalson. followed by the pledge to the flag.
Ferrell Bentley of the Smyrna Jaycees requested a permit for
to a road-block for the purpose of collecting funds for Muscular
August 23rd from 10:00 a.m. until 4:00 p.m. at Spring and Hargrove,
from 12:00 noon to 6:00 p.m. at South Cobb Drive and Spring Road.
Bentley was advised to check with Police Chief Little.
Ms. Pearl Lane of 825 Flagler Circle stated she has been having trouble with the
creek behind her house. It has widened over the years and is now within three feet
of her home. She stated a rock wall was put in but collapsed within about eight
months, and the only way to correct the problem is to lay pipes. Water from
several streets drains into this branch. making it rapid and erosive during a big
rain. Jerry Mills stated she does have a real problem and the water will get the
to the house soon. John Steely said he could understand her problems but we had
this same condition allover the City. Jim Tolleson and Jim Hawkins also said
they had the same problems in their ward. Jerry Mills made a motion to approve the
cost of running pipe from one end of the house to the other end, approximately 40
feet, in order to protect the house. for an estimated cost of $7500 to be paid Trom
State Grants. Elbert Coalson seconded the motion. After discussion the motion lost
by a 3-4 vote. Jerry Mills, Jim Hawkins and Elbert Coalson voted Tor. Jim Tolleson,
John Steely, Jack Shinall and Max Bacon voted against.
Elbert Coalson said he would like Mayor and Council to pay tribute to Clarence O.
Canada who passed away last week. Mr. Canada served on City Council for ten (10)
years and did a lot for this city. He was dedicated to the Parks and
Recreation Department and served as Chairman of that committee several years.
Malt Beverage and Wine License
(6) management changes and addresses and also a
cover letter from the Police Department stating that department does not, as of
(Continuatlon of August 18, 1980 Meeting)
this dat.i;3., reflect any factors that would prevent applicants from obtaining license
requested provided Council sees fit to grant same. Jim Hawkins made a motion the
management changes be approved. Jerry Mills seconded the motion. Motion and
second was withdrawn when the Mayor stated each applicant should be voted on
i.ndividually.
(1) Pop's Package Store, 1669 Spring Road: Jack Shinall made a motion the
management change for Pop's Package Store be approved. Jim Tolleson
seconded the motion which carried by a 7-0 vote.
(2) A&P Food Store. 2532 Atlanta Road: Jerry Mills made a motion the
management change for A&P Food Store be approved. Max Bacon seconded
the motion which carried by a 7-0 vote.
(3)
Sons of Itaiy Restaurant,
the management change for
seconded the motion which
2569 Cobb Parkway: Jerry Mills made a motion
Sons of Italy be approved. Jim Hawkins
carried by a 7-0 vote.
(4)
management
seconded the motion
Jim Hawkins made a motion the
Corp. be approved. Jim Tolleson
by a 7-0 vote.
(5) Jack Shinall made a motion
. be approved. Jerry Mills
which carried by a 7-0 vote.
(6) Jim Tolleson made a motion the
management . be approved. Jerry Mills
seconded the motion which carried by a 7-0 vote.
J. Gadsden Russell. F. Russell Davis, Jr. and Edwin G. Lane, Jr.,
property located at 1275 Concord Road be rezoned from R-15 to L.C. There
was no opposition to the rezoning. Attorney Jones represented the partitioners
and stated the house was to be renovated for rental as commercial office space.
No entrances will be made in to Concord Road at th is time. Rezoning was recommended
by the and Zoning Board. Jim Hawkins made a motion this rezoning be
approved. Max Bacon seconded the motion which carried by a 7-0 vote.
Joe Briglevich's request for a variance which was tabled at
meeting was brought off table. Mr. Briglevich explained that
owned property an which he wished to build doctor's offices. Each
purchase his condomini.um-type office building, which will be taxable.
for the land, one building will be built for Smyrna Hospital. This
is located adjacent to the property line between Smyrna Hospital and
Ridgeview Institute, and the variance requested is a side yard variance from 15
feet to 5 feet on Smyrna Hospital property. bordering the Ridgeview Institute
Institute had no objections to the variance being approved.
trator for Smyrna Hospital, was present, and stated they had no
variance being granted. .Jack Shinall made a motion the variance
from 15 feet to 5 feet, be approved. Elbert Coalson
carried by a 7-0 vote.
Tumo Construction. Inc., requested a front and side setback
for the Hawthorne Village Subdivision on Hawthorne Street.
of the construction company stated they were working under the
classification and have discovered the setback requirements make it impassible
to do they have already developed for the lots. Under the RMIO zoning, there
is setback which would limi.t the building space. He showed pictures of
in the countY.i;3.nd stated they sold before they Wi;3.ri;3. completed.
they would conform with all setback requirements as to contiguous
The variance they are asking far would be from the street going through
to the building line, and a variance between the building from 30
feet. ~Terry Mills made a motion the variances be granted. .John Steel.y
the motion which carried by a 7-0 vote.
building permits were submitted by Building Inspector Dan Steely and
the action is recorded:
(1) Hospital requested a
at an estimated cost of $211,000.
to extend the emergency room at the hospital
State and City Fire Marshals have approved
(Continuation of August 18, 1980 Meeting)
the plans, and Mr. Steely recommended they be approved. Elbert Coalson made a
motion the permit be approved. John Steely seconded the motion which carried by
a 7-0 vote.
(2) Multi-Family, Inc., requested a building permit for a 270-unit development
on Spring Road to be called Cumberland Bridge Apartments. Plans, which include
fire walls, have been submitted to the State Fire Marshal for certification. Dan
Steely stated there was a problem with the distance between the buildings and he
would like to go over the plans with the engineers, since the buildings are being
staggered. After discussion it was decided they should ask for a variance for the
distance between the buildings. It was brought out the proj ect is hemmed in by
Spring Road, the power lines, Woodruff Drive and the railroad tracks, and this is
the reason the buildings are being placed at these angles. John Steely stated
that Fulton and Cobb Counties have the 20 foot distance requirements between
buildings in apartment complexes of this kind. John Steely made a motion the
building permit be approved according to plans as noted, subject to approval by
the State Fire Marshal. Jim Tolleson seconded the motion which carried by a 7-0
vote. Request for the variance will be heard at the next council meeting.
Jim'Tolleson made a motion funds be approved to purchase 500 garbage can liners.
John Steely seconded the motion which carried by a 7-0 vote.
Jerry Mills made a motion the loan for $250,000 due August 18th and the two loans
of $200,000 each due August 29, 1980 be renewed. John Steely seconded the motion
which carried by a 7-0 vote.
Mayor Johnson stated the first Monday in September is Labor Day. Jim Tolleson made
a motion the date of the first council meeting in September be changed from the
first Monday, September 1st, to the second Monday, September 8th. Max Bacon
seconded the motion which carried by a 7-0 vote.
(Parks) Bill Johnston advised the Fall programs will be
week, and will be distributed through the schools. Bill said that
of 26 competitors of the swim team we sent to the State meet, 23 placed. Jonquil
and Church Street pools will be closed after Labor Day. King Springs will be open
for the Fall season. Sammy Hill, a member of the track team who holds two national
titles, won another last week in West \;':irginia. John Steely said we real,ly had a
lot of talent on the swim teams and commended the coaches who did such a great
job on their own time. John said the Senior Citizens Center had been completed
and the opening ceremonies, hopefully, will be held around the last of September.
Elbert Coalson advised the communications meeting with Police Chief R. E. Little,
Fire Chief Don Atkinson and Civil Defense Director Jim Farley set for tomorrow
night is cancelled, due to the meeting with the auditors. It will, be rescheduled
at a later date. Mr. Coalson read a letter addressed to Civil Defense Director
Jim Farley from Smyrna Hospital, thanking him for advising them of the water shut-
off last Saturday. Mr. Drr commended Mr. Farley for his concern and assistance.
Jack Shinall stated he knew the sympathy of Mayor and Council, as well as all the
people of Smyrna were with the family of C. O. Canada who died on August 8, 1980,
and who had served the City of Smyrna as Council of Ward 5 for 10 years.
(Water) Jack Shinall advised that due to the fire and loss of the computer a lot
of delinquent: water accounts occurred, due to moves, etc. With the use of a part-
time employee we have recovered $7,200.00 of these delinquent accounts. We have
also started replacing stopped water meters.
Jack also urged Mayor and Council to get on with the approval of the budget. He
said there was a possibility we could lose $300,000 on the Sewerage System Evalua-
tion St:udy if the budget isn't adopted soon.
Jim Hawkins also stated it is critical to move on the budget.
Max Bacon said he had a request from a resident on Pinehurst Circle requesting
the north end of the circle be blocked for a block party the night of August 30th.
After discussion it was decided they could have the party but should notify the
Fire and Police Departments.
the quar
s: August 20th, the Jonquil Breakfast, September 1st is Labor Day, and
y CMA meeting will be September 6th at Acworth Beach.
Meeting adjourned at 8:37 p.m.
1
MAX BACON, WARD 2