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September 8/15/24, 1980 Council Meeting lar meeting of Mayor and Council was held pursuant to the Charter on September at City Hall. The meeting was called to order by presiding officer Mayor Johnson. All Council members were present. Also present was City Attorney Char es Camp. City Clerk Willouise Spivey. Finance Director Gunter Newsom. Police Chief R. E. Little. Fire Chief Don Atkinson. Public Works Director Jim David, Parks and Recreation Director Bill Johnston. Civil Defense Director Jim Farley. Building Inspector Dan Steely and representatives of the press. Invocation was given by Jack Shinall. followed by the pledge to the flag. Citizens rts: A representative of the Jonquil City Kiwanis Club was present to announce e winner of a tricycle race which was held at a barbecue hosted by their club several weeks ago. A $25.00 gift certificate was presented to John Steely as winner of the race. Jack Shinall was the loser of the race and was presented with the tricycle they said he wrecked. Mayor Johnson commended the club for holding the race and the good work they do. James Milton Fite. owner of Cumberland Amoco at 2535 Cobb Park- David Farmer. Stacy Fuller and Doug Carlson were sworn by Attorney Charles Camp. W. C. Brackett. an employee of the store was found guilty in Recorder's Court of selling alcoholic beverages to a minor. a violation of Section 3-63 of the Code, and fined $150 in Recorder's Court. Mr. Fite stated Mr. Brackett was a part- time employee and had been employed with him for 2 or 3 months. He was fired immedia- tely following this incident. Mr. Fite stated he had warned his other employees about carding customers and had placed signs in his store as a warning to minors. Mr. Fite said he was not present on that particular evening; Mr. Brackett was the only employee in the store. Mr. Fite stated he had been in business at his present location for l~ years, and held an alcoholic beverage license for 3 years and had never had any problems of this kind. He holds a license at a business at Delk and Franklin Road and has 3 business in Cobb County. Mr. Fite said there was no question of his under- standing the age limitations of selling alcoholic beverages and if he had ever suspected any of his employees of selling to minors they would have been fired. Officer Carlson stated the juvenile in question was arrested on traffic charges. He was 16 years old and they found what was left of two six-packs and one opened bottle of beer in the car. He admitted buying the beer at Cumberland Amoco and he and his parents agreed to help the police department in this matter. The juveinile gave a complete description of the person who had sold him the beer. They went to the Amoco Station and Mr. Brackett was read his rights. but denied selling beer to any minor. after being identified by the juvenile with his parents present. He did not ask the minor for any identification when he bought the beer and on that same evening Mr. Brackett was issued a citation to appear in court. The juvenile. when arrested, also had a 14 year old boy in the car with him and he had also been drinking. Officer Carlson said he personally had never had any problems of this type with Cumberland Amoc wing further discussion. Jim Tolleson said that previous to this case. S t had been charged with the same violation and their license was suspended fo and placed on probation :for one year. because in this case the owner of th d sold the beer. Due to the fact that Mr. Fite had immediately fired this employee. Jim made a motion that his license be placed on probation for one year. effective tonight. Jerry Mills seconded the motion which carried by a 7-0 vote. (1) Mr. Staggs. a real estate salesman representing owner Ron to Go. requested a side yard variance for their new construction on Cobb Parkway. An attorney representing Stephen Mastrangelo. owner of Sons of Italy and one of the adjacent property owners. stated they had not be~l made aware of the vari and at this time were against it. It would place this building right on thei perty line and he also needed to check into some easements that had been reco for Rhodes Furniture. owner of the property on the other side of this pro- posed construction. Jim Tolleson made a motion this request be tabled until the next council meeting. Jack Shinall seconded the motion which carried by a 7-0 vote. (2) Multi-Family Construction (Cumberland Bridge Apartments) requested a variance on distance required between buildings and also a variance on one building which would exceed the 250 maximum length of a building by 21 feet. The distance requi.red hetween buildings if 30'. Between:buildings. 3 & 4 they are requesting a 23' variance. between buildings 8 &. 9. a 20' variance. between buildings 16 & 17 a 27' variance. The bui 11 be staggered and would present no problems with the Fire Department. Jack 1 a motion that the request: for variances be granted. as noted per plat. was seconded by John Steely and carried by a 7-0 vote. (3) Thomas N. Baker. 952 McLinden Avenue requested a variance to 5' on the side property line and 5' from the rear property line for the construction of a garage. (Continuation of September 8. 1980 Meeting) read from Kathryn L. Babb. daughter of Mrs. Kathryn C. Crane. owner pJ;operty stating they had no objections. A letter was also read stating he had the property owned by Mr. Baker and could see no reason Why a variance should not.Pe granted. Jim Hawkins made a motion the variance be. approved. Jerry Mills seconded the motion which carried by a 7-0 vote. (4) Maltese Signs requested a vari.ance of the height and copy area of a permanent sign to be erected on property at Lake Cumberland Apartments (previously Norseman Apartmentp). TI~e height requested would be 56 feet from ground level to the top of the sign. the copy area would vary from 120 square feet to 384 square feet. Max a salesman for Maltese Signs. represented the company. He said they had gone to Cobb County for their permit and after receiving their approval had material for the sign. The height of the sign' is necessary due to the fact that: it will be placed in a very low spot on Cobb Parkway and would not other- wise be After receiving approval from Cobb County. they found it would be necessary to obtain the permit from the City. and therefore were requesting the variance. After further discussion. Jim Tolleson made a motion to deny the request due to the fact that the sign would be three times the size of what is presently allowed the City. John Steely secpnded the motion to deny. Peter Maltese. owner of the stated that a sign this size would not look that large on a highway the size Cobb Parkway and anything smaller would not be readable. Vote on the motion to deny the variance carried by a 7-0 vote. owner of their plaints street. requested a variance for a sign at Belmont Village. Allen Halpern. Shopping Center. spoke and requested a variance opthe height marquee-type s on Cherokee Road. One of the greatest com- his customers have is that it is hidden back and has poor from the The name of Belmont Village on the top is now a 4 x 24 sign they are 8 x 24 for the name of the village on the top only. made a motion the variance be approved. Elbert Coalson seconded the After discussion. vote on the motion to approve the variance carried by vote. (5) There were no commercial building permits to bring before council. . was as undersigned. who constitute.sixty percent of the owners of the land area area described below. which is unincorporated and contiguous to bereby apply to have said area annexed into the of Smyrna of the Code of GeOrgia Annotated. Sections through69-912 . Acts 1966, pages 409. 410. 411. 4l2. 413; 1971. page 399; 1976. pages said property being annexed described in Exhibit "A" and located all or in Land Lots 244. 261, 316, 333. 388. 405. 404. 461. 476 and Said to be advertised according to Section 69-906, Code of Annotated. Neighbor. the local paper for publication of all This by A. C. Jones, Jr.. Vice .President of Seaboard Jerry made a the signaturep on the annexation request the date of public hearing set for September 24, 1980. John motion which carried by a 7-0 vote. (Copy of legal being made a 1011. in part Exhibit in the and the these minutes.) (Parks) Bill Johnston stated Fall registration began today and will open for Fall season next Saturday. Elbert Coa.lson said he had read in the Marietta paper today that there will be a meeting Thursday night at Griffin Middle School about the upcoming Elbert said that he was getting tired of reading things in the paper not even been by Council at their Friday morning meetings. He hear someone in the City first. because it was not fair to to learn of things concerning city council through the press. Jack Shinall also in fact he had a he had not been invited to any meeting on Thursday night; commitment for that nj,ght. by during the second meeting in for temporary signs. At that and stated they felt their At that time the committee agreed to could be worked out which would be the ordinance passed in June was deferred the merchants I recommend the last two read as follows: ( adopted of bus meet with them to see if some beneficial to until After sentences of Section 6-95 be said that sign (Continuation of September 8, 1980 Meeting) "Permits shall be limited to a ninety (90) day period from date of permit. and shall be renewable only after the lapse OX seven (7) calendar days from the last day of the ninety (90) day permit period. provided no other sign permit is pending or granted within two-hundred (200) feet of the subject permit location. and after payment of all fees and application requirements required hereunder as for a new temporary permit." A copy of the recommendation is being given all council members for their consider- ation and vote at the next meeting. (Streets) Jerry Mills stated at the last meeting. Mrs. Lane on Flagler Circle had come to Council requesting some pipe be installed to alleviate some serious drainage problems she has been having. The estimated cost Xor this work was $7500. The adjusted cost to install this pipe will be approximately $1900. and after looking at the problem she had, I went ahead and authorized the street department to do the work. Since then I have learned there have been some disagreements and I am bringing it before Council tonight t:o ask for approval. The pipe and rock is already avail- able and the work needed to be done is on a city easement. Jerry made a motion the installation of this pipe be approved. Jack Shinall seconded the motion for further discussion. Jack said at the time Mrs. Lane came to Council the estimates were given at $7500 and he voted in the negative. After discussion with Mr. Broyles and review of the actual creek and possible city liability in that area, he felt it was now going to be necessary. Several of the Council members stated they could not vote for approval of installation of this pipe. since it had already been denied a't the previous meeting. Following further discussion. vote on the motion failed by a 2-5 vote. Voting for the motion was Jerry Mills and Jack Shinall. Voting against was Jim Tolleson. Jim Hawkins. John Steely. Elbert Coalson and Max Bacon. (Sanitation) Jim Tolleson said we were having trash problems and could not catch up. The committee is, considering placing containers in several places around the City that would give the Saturday afternoon garage cleaner-upper a chance to take the trash and dump it himselr rather than placing it on the street. We are also getting some prices on location of a new site to dump trash. He hopes to have a recommendation by next Monday night. John Steely stated the county is charging us to dump trash. and we are already paying county taxes. He felt this was double taxation. Mayor Johnson asked Gunter Newsom to check the newspaper article which appeared in the Marietta Journal and see exactly what l,t was about, then to notify each council member. CMA meeting tomorrow night at 6:00. Next council meeting will be which will be the regular scheduled second meeting of the month. Mayor Johnson stated that we have two. sometimes three council members that have difficulty attending the 6:00 a.m. Friday mor:p.ing agenda meetings due to their jobs so he requested these meetings be changed to 'l1.,ursday afternoons at 5: 30 p.m. Meeting adjourned at 8:55 p.m. ************************ September 15. 1980 The regular scheduled meeting of Mayor and Council was held September 15. 1980. at the City Hall. Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7: 30 0' clock p.m. All Council members were present. Al.so present was City Attorney Q,arles Camp. City Clerk Willouise Spivey. Finance Director Gunter Newsom. Police Chief R. E. Little. Fire Chief Don Atkinson. Public Works Director Jim David. Civil Defense Director Jim Farley. Assistant Parks and Recreation Director Sberry Reavis and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. First "Young Woman or the Year" Award. Susan Davis. President of the es explained this was the first time the Jaycettes had offered this winner was selected ror her involvement and contribution to the better- and governmental activities. She announced Sharon Carson was the first Woman of the Year Award. Sharon is married to Cobb County son and they have one daughter. Claire. Mayor Frank Johnson to Mrs. Carson and commended Sharon and the Jaycettes for this thanked Mayor Johnson and the Jaycettes. ment or civic winner or Commission presen project. of September 15. 1980 Meeting) Bill MacKenna stated he read in the papers the Parks th.e Boy Scout Troop at Rose Garden from the needed the prograwand hoped something could be Steely said the staff member who worked with this troop replaced. John stated they were trying to find & Recreation He stated to preserve had some way to keep (2) Mrs. Myrtice Spinks of 1587 Roswell Street, requested a variance in order to place a mopile home in the rear of her property. Mrs. Spinks stated that due to her failing health she was no longer able to keep up her property. Jim Tolleson said he had looked at the property and recommended the variance be granted. A petition signed by all neighbors stated no obj ections to a mobile ho'me being placed in the rear of this purposes. Jim Tolleson made a motion the be granted. Jim seconded the motion. Jerry Mills amended the approve the variance for a twelve month period. to be renewed every twelve Tolleson seconded the motion. Vote on the amended motion carried by a Vote on the main motion carried by a 7-0 vote. The mobile home will be to sewer line. months. 7-0 vote. connected Minchew Enterprises requested a variance from the present setback located in Land Lot.808. Under the RM-12 zoning classification setbaek .is fifty (50) feet from tJ1.e right of way; the rear setbaek (40) feet from the rear property line and the side yard setback is 35) feet. The variance requested is from fifty (50) to thirty (30) feet on the front yard. from forty (40) feet to thirty (30) on the rear setback and from thirty-five (35) to ten (10) on the sideyard setback. Minchew Enterprises wishes to a eommunity of "fee simple townhouses" on this and the only access is through Bell Drive. Jim Tolleson made a motion the be granted according to plans and .Jim Hawkins seeonded the motion. Mr. Pair, a resident.. of Bell Drive appeared in opposition to multi-family housing and opening the street. He stated Bell Drive had always been a dead-end street and he feared the additional traffic would be dangerous for the children, and they had some problems with residents from Heritage Trace Apartments. It was explained these townhouses would be oceupied and would enhanee the value of property. Mayor Johnson added the on Bell Drive could probably now tie into the sewer from Plumtree Apartments. and invited them to eome into the city. After further discussion, vote on the motion to approve the variances carried by a 7-0 vote. Wallpapers To Go. whose request for a variance was tabled at the for a side yard building line of 6 feet on the south side of a 41 between Son's of Italy and the proposed Rhodes Furniture Company to come to within zero (0) feet of the north side of the lot whi.ch will border Son's of Italy. The request was tabled at the September 8. 1980 meeting due to opposition. or lack of eommunication. with Son's of Italy. Steve Mastrangelo, owner of Son's of Italy was represented and advised they had no objections to the variance.being granted. Public Works Director J. E. David said he could see no problems, neither could the Fire Department. After further discussion, Jim Tolleson made a motion the variances be granted. John Steely seconded the motion which carried by a 7-0 vote. was No building permits to present. . per .Jim Hawkins. Inspector Dan Steely Jim Hawkins recommended that Section 6-95 of the Sign Ordinance follows: be limited to a ninety (90) day period from date of permit. and le only after the lapse of seven (7) calendar days from the last day of the ninety (90) day permit period. provided no other sign permit is pending or within two-hundred (200) feet of the subject permit loeation. and after payment of all fees and applieation requirements hereunder as for a new temporary permit." Jim as made a motion that Section 6-95 of the Code of Ordinances. be amended effective September 15. 1980. .John Steely secdnded the motion which 7-0 vote. Jim John made a motion the seconded the motion 4. 1980 be approved as submitted. a 7-0 vote.. .Jim Jerry made a motiOn seconded the 18. 1980 be approved as submitted. by a 7-0 vote. (Continuation of September 15, 1980 Meeting) Mayor Johnson advised that through error, the appointments to the Parks and Recrea- tion Commission were omitted from the agenda. Terms for members from Ward 7, 2, 3 and 4 expires in September. The following were reappointed by Councilmen from each of the four wards: Jim Brooks Bob Arhold Cliff Yeager Claude Eason Ward 7 Ward 2 Ward 3 l-Jard 4 John Steely made a motion to approve the four reappointments. the motion which carried by a 7-0 vote. Jack Shinall seconded Mayor Johnson welcomed Representative Johnny Isakson. Mayor Johnson advised that he was appointing a new Finance Conunittee for the City, and named John Steely, Jim Toll,eson, Jim Hawkins, Max Bacon, Jerry Mills, Jack Shinall, with Elbert Coalson as Chairman. He stated that he hoped all members would accept the appointment and work dutifully toward approving the budget. He said he was going to take an active part with the committee and hold regular meetings which he hoped everyone would attend. at wishing to (Sanitation) Jim Tolleson said that a trash container was being entrance of the old dump t:o be used by City residents only. Anyone dump their own trash can take it to this container. (Insurance) Max Bacon reported he had Agencies that our Workman Compensation is amended to 1.03 in lieu of .86. To we must pay an additional $10,381.00. company, but is governed by the State. been notified by the Cumberland Insurance had undergone an experience modification and take care of this experience modification we This is not an increase from the insurance (Streets) Jerry Mills said he had a request from the Parks Department asking to hang a banner across Atlanta Road advertising the Craft Fair, from September 16th to September 28th and to block off Bank Street from Atlanta Road to King Street the day of the Fair. Jerry Mills made a motion this request be granted. Max Bacon seconded the motion which carried by a 7-0 vote. Jerry Mills stated he wanted to meet with the press immediately after the meeting. Jim Hawkins advised the Mayor he would support him on the Finance Committee. (Water) Jack Shinall stated we needed to purchase three (3) 2" water meters immediately, at a cost of $315.00 each. He said the three old meters would be rebuilt and used for replacements. Jack made a motion to approve the purchase of three 2" water meters. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jack Shinall advised that working toward complying with EDP guidelines and user charges he motioned the City of Smyrna adjust its rates for ins~de residential sewerage customers from a flat fee to a percentage based on water used. The percentage he set at 80% of water used and to begin on bills mailed to customers in October, 1980. Flat rate fee is unfair. The motion was seconded by Elbert Coalson which carried by a 7-0 vote. Jack Shinall made a motion that Steps M, N, 0, and P be added to the City Pay Scale, for each salary range. effective September 15, 1980. He advised this is not a salary increase, only an extension of the scale. Jerry Mills seconded the motion which carried by a 7-0 vote. Elbert Coalson stated there were other members of Council more qualified to be Chair- man of the Finance Committee than he, and he accepted only after he learned all members of Council would be members of this committee. He said they allowed it to the City and their Wards. to come up with a budget, and working together they could do it. He commended Jerry Mills for the good job he had done on this committee, especially with the budget. He asked the cooperation of all council on approving a budget as soon as possible. He said the State needed our millage rate immediately. Elbert Co Scottish 1980. b location, as a letter from Bill Sanders asking permission, on behalf of the pital for crippled children, to hold a pledge walk on November 8, at 9:00 a.m. at Cobb Center and ending at 3:00 p.m. at the same per map given to Police Chief R. E. Little. Elbert Coalson made a motion (Continuation of September 15, 1980 Meeting) permission be granted. Jack Shinall seconded the motion which carried by a 7-0 vote. Elbert made a motion the City Smyrna adopt the Gross Rece:iptsBusiness Licenses implemented with business licenses issued for the calendar year 1981 and that License & Inspection Committee of the City Council be empowered to draft such a schedule and return it to full Council for their approval no later than November 1, 1980. Jim Tolleson seconded the motion which carried by a 7-0 vote. Jim Farley advised the Red Cross was sponsoring a CPR blitz the month of October. Civil Defense personnel will be teaching night classes during the coming week. John thanked Bill MacKenlla for his concern for the Scout Troop Rose Garden. He said the staff employees lead the activities for the troop and if City does not come up with more revenue, this pa:r-ticular employee will not be replaced and more cuts will be made. John said he would like to hear from more supporters of the park. Hopefully, we can find some way to work out this problem. A special called me~t::\-ng will be held Septerriber 24, 1980; the next meeting will be October 6, 1980; and the GMA Fall meeting will be 7, 1980. Attorney Camp said he was on the Cobb Distri.ct Scout Committee as a member at: large, and also membership committee. One duty is to find sponsoring organizations for these tTOOpS. He will be glad to work with the City in developi.ng a method to sponsor this troop. Elbert needs to set the millage rate as soon as possible. The State Meeting adjourned at 8:21 p.m. ************************ September 24, 1980 The Special Called Meeting of Mayor and Council was held September 24, 1980 at the City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor B. Johnson at 7:30 o'clock p.m. All Council members were present. Also present City Attorney Charles E. Camp, City Clerk Wi110uise Spivey, Finance Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks Director Bill Johnston, Public Works Director J. E. David and repre- the press. and sentat Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. this annexation would be if it this was a Hearing on the annexation of of Railroad, in Land Lots 244, 261, 316, 388, 405, and 533 of the 17th ,2nd Section, Cobb County, Georgia as E:x:hibit "A" and in the Smyrna Neighbor Newspaper on September September 18th, and on file in the office of the Clerk, City of Smyrna. County residents were present: to oppose the annexation. Approximately residents were to support the annexation. Mr. Ed Prater Drive, Mableton, he represented the Civitania Homeowners Asso- other groups, as well as the county residents who attended the Middle School a couple of weeks ago. He stated he was not against itself, but did oppose the annexation to follow, which he understood into an industrial park. He was not really opposed to the park county, to be developed by the county and under the Cobb- Authority. felt the City of Smyrna did not have the expertise, or resources to as presented, and he to eve:r-y way he can. of 495 Wi11owbrook said in the City for years, was in favor of ion, and and CO=Lcil for to extend the tax base. Bob Arhold of 3625 Smyrna said he of the annexation, and he and Mr. Lillie were residents of of developing this project. There and John a motion to annex the Seaboard Coastline as be made a part of Ward 7. Jerry Mills which vote. of (Continuation of September 24, 1980 Meeting) Validation of Si&natures - Annexation Request - Woodmere-Jacksonville, Inc. The request for annexation by Woodmere Jacksonville, Inc., was read as follows: "We the undersigned, who constitute sixty percent of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, bereby 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, page 399; 1976, pages lOll, 1012; said property being annexed described in Exhibit "A" and located all or in part of Land Lots 404, 461, 403, 462, 475, 534. 391, 402, 463, 474, 535, 392, 401, 464, 473, 536, 616, 460, 476, 533, 547, 607, 608, 545, 393, 544. 609, 681, 688, 390, 689, 752 and 753. Said Exhibit "Aft to be advertised according to Section 69-906, Code of Georgia Annotated, in tbe Smyrna Neighbor, tl"l:elocal paper for publication of all legal notices. This request signed by J. Steve Wilson, President and Edward B. Salem. Vice President of Woodmere Jacksonville, Inc." Jerry Mills made a motion the signatures on the annexation request be validated and the date of the public hearing be October 20, 1980. John Steely seconded the n~tion which carried by a 7-0 vote. Jack Shinall made a motion to suspend the rules and add another item to the agenda. Jim Tolleson seconded the motion which carried by a 7-0 vote. Jack advised approval had been secured from Cobb County to tap onto their 10" water line on Spring Road, in order for us to service the Cumberland Bridge Apartment Complex. The approximate cost of the tap-on, including the meter, will be $15,000. Jack stated all cost to the City would be reimbursed by the contractor, and he made a motion $15.000 be approved for this tap-on. Jim Tolleson seconded the motion which carried by a 7-0 vote. Jack advised the City would now service this complex with water and sewerage services. Mayor .Johnson commended the team that worked this out with the county. John Steely announced the Senior Citizens Center dedication would be October 5, 1980 from 2:00 until 4:00 o'clock p.m. Senator Herman Talmadge will be the main speaker, and he invited everyone to attend. Mayor Johnson advised the ceremony would be at 2:30 p.m. Announcements: Next Council meeting will be October 6, 1980. be October 7, 1980 at the Smith House in Marietta. GMA Fall meeting will Meeting adjourned at 7:56 p.m. Jerry Mills asked to make a statement. He said that through a fit of anger at the last meeting he made a statement to the press about Councilman Jim Hawkins. He said he wanted to apologize openly to Jim. Jim accepted his apology. MAX BACON, WARD 2