December 1/15, 1980 Council Meeting
December I, 1980
scheduled meeti f Mayor and Council was held pursuant to the Charter
1, 1980, City S rna. Georgia. The meeting was called to order
ing officer Mayor Frank nson at 7:30 o'clock p.m. All Council members
esent. Also present was City Attorney Charles Camp, City Clerk Willouise
Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Parks and Recrea-
tion Director B ton. Building Inspector Dan Steely, Civil Defense Director
Jim Farley, S tendent of Water Larry Dunn, and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
r
project,
Dick Justice and J. Wallace, representing the Smyrna Jaycees,
Id an empty stocking road block at the intersections of Spring
e at Atlanta Road on December 13th and 14th, and also on
They were told to work with Pol ice Chief little on this
him of the exact times they will be working.
Commercial building permits were presented by Inspector Dan Steely and the follow-
ing action is recorded:
(1) Morrison's Inc. requested a permit to build a Morrison's Cafeteria on Spring
Road at an estimated cost of $800,000. The building would be located just west
of McDonald's. Plans had been approved by the State Fire Marshal and the Inspections
Department. There is a problem with a Cobb County water 1 ine running through the
property where they want to place the building; however. they are proposing to re-
water 1 ine to at least 20 feet from the building, and Cobb County has
o work with them on the shut-down and reconnections. Elbert Coalson made
a mo the permit be approved. subject to the water 'line being satisfactorily
relocated. Jim Hawkins seconded the motion which carried by a 7-0 vote.
requested a permit to renovate restrooms at their hospital at
a Road, at an estimated cost of $35.000. Mr. Steely said he was to meet
State Fire Marshal tomorrow and expected to receive his approval of the
Max Bacon made a motion the permit be approved subject to the approval of
Marshal. Jack Shinall seconded the motion which carried by a 7-0 vote.
Is asked Inspector Steely what the regulations were concerning public
acilities in business establishments. It was the general consensus that
re required in all business for employee use, but public restrooms were
not required unless the business dealt directly with the public.
John Steely said there was a 50 foot right-of-way at the end of
ve through to Reed Road and the City could never cut the road through.
we quitcla this right-of-way to the two property owners on each
n Steely made a tion this property be divided equally between Robert A.
and Linda Bookhammer. Land Lot 385, lot 16, and Connie M. Byrd, Land Lot
15. Edgemoore Woods Subdivision, subject to their granting easements to
; the quit claim deeds to be prepared by Attorney Charles E. Camp, and any
and all cost to be paid by the two property owners. The motion was seconded by
Jim Hawkins which carried by a 7-0 vote.
made a motion the minutes of November 3, 1980 be approved as submitted.
econded the motion which carried by a 7-0 vote.
lson made a motion the minutes of November 10, 1980 be approved as sub-
im Hawkins seconded the motion which carried by a 7-0 vote.
ns made a motion minutes of November 17, 1980 be approved as submitted.
on seconded the motion which carried by a 7-0 vote.
stated he had a request from Ass istant Parks and Recreat ion DH:cector Sherry
lock Memorial Drive and a part of Church Street during the Christmas
Music and the Christmas Tree lighting ceremony on Thursday, December
rry Mills made a motion to block Church Street from Atlanta Road to King
and Memorial Place from Atlanta Road to Church Street, from 7:45 p.m. to
on Decembe , 1980. Max Bacon seconded the motion which carried by a
An invitat was extended to everyone to attend this program.
) Director Bill Johnston reported they were sponsoring
ram again this year and a seminar on Christmas ornaments.
tmas Tree and the Music Festival will be December 11th.
had s
has hot
cleaning
John
the City.
in Ward 7.
If someone in
1 contact the owners
Council to get this star
is a part
a business,
and
the i r wards
Elbert
r I s p
of some of the
the sale is
we have been unable to
lice Department is going
. and hopefully the bus will
set for December 15, 1980.
bids on the
have a sale
se I I then
lson
res.
these p
at the next
1 months ago Gunter
sion has been made.
get together and discuss them,
meeting.
handed out
Ison asked
that some
Shinall reported requesting proposals
Eva Study will go out to three engineering companies
requesting these proposals be in by January 15, 1981, which gives
which prepare them. Jack also all Council members to
and Senators and urge passage of Revenue Sharing.
and if they are not received we will really be in a bind.
Sewer System
We are
days in
their
funds are
Hawkins said
Streets had
Irman of the
zed to sign the
seconded the motion
plat for Cumberland
by City Engineer Ji
Zoning Board, and he
that it can be recorded
carried by a 7-0 vote.
located at
t and
motion the
Courthouse.
a town
on the p
the business
the program
he thought
a committee meeting was held
attended, and he made the following
ld Monday night to
in our business
opposed to the
merit. Some points
lid points. As a result
, in which the Mayor and several
recommendation:
from the
Ie. It
personally,
had not
is meeting,
Counc il members
"It
ion of the
the business license s
further study. It is also
nt a committee of Smyrna
license schedule."
and Permit Committee that
. namely the gross recei
recommendation of this
businessmen and Councilmen
ed
be
that
furthe r study
tab
the
our
-to
Jim
whi
the recommendations be approved.
a 7-0 vote.
Jerry Mills seconded the motion
Jim
a Bu
also stated that InspeCtor Dan Steely has received his
Inspector. and commended Dan for the good job he has done.
ification as
Jerry Mills stated he wa~ concerned about the delay In the construction
Boulevard, through properties, and thought a meeting should be set
Commissioners to try work something out on their part. Jerry said
had been held up starting construction and it was costing him as
ity. Mayor Johnson he certainly concurred, but thought we should
new Commission itself. John Steely and Jack Shinall both said
meeting should set now. Elbert Coalson said we promised Mr. Will iams
Ip build the we should do it and not wait longer. Mayor
State contract returned and he antic would have
weeks, and suggested wait until it is received going to
He has been on this. trying to get it dead center.
thought we meet with the Commissioners and get the details
when we receive the contract, we can go. Jerry said he thought we
to meet with the Commissioners how, and asked the Mayor to set up
said that si
we have a $30
a meeting to
week. Je
m ght be overs
to delay the gross
deficit, and asked
ts. Elbert advi
had reviewed the water
Jim Hawkins said he thought
business
Ison if he
ca I ling a
receipts
t should
(Employee Benefits) Max Bacon said that since Christmas Day and New Year's Day
both fall on Thursday this year, he recommended city employees be given both Thursday
and Friday as holidays, for this year only. The Fire Department employees would
be given one (1) shift off and the Chiefs of the Fire and Pol ice Departments would
work up their schedules. Max made a motion the Fridays after Christmas Day and New
Year's Day be given to city employees as holidays, Fire Department personnel working
on shifts to be given one (1) shift, for this year only. John Steely seconded the
motion which carried by a 7-0 vote.
Jim Tolleson stated that Saturday he passed by the triangle at Spring Road and
Hargrove and the trees were gone. Several months ago, Turner Advertising made an
application to the county to erect a sign at that location--not a sign, but a bill-
board. The City of Smyrna had an agreement with Cobb County to use this spot for
the Welcome to Smyrna sign. The county understood this triangle was owned by the
county, and notified us that Turner Advertising had applied for a permit. They gave
us some time to run a title, which we did, because we could not understand why this
little triangle was not bought by the State when the street was widened. The title
run showed there was a private owner of this triangle. In my opinion, I ike a bunch
of rogues, they came in over the weekend and cut trees down after the permit was
granted. and I am mad about It. There is nothing we can do about it legally, but
we want Turner Advertising to know we don't like it and I intend to do everything I
can to keep them from having that billboard. They are ugly, and the City does not
need them. In answer to a question, Jim said the billboard was one of the largest
that Turner Advertising has.
(San i tat ion)
liners until
7-0 vote.
Jim Tolleson made a motion to extend the date for receiving bids on
the next meeting. Max Bacon seconded the motion which carried by a
The CMA Christmas Meeting will be December 9, 1980 and the next
wi 11 be December 15, 1980.
Meeting adjourned at 8:00 p.m.
************************
The regular meeting of Mayor and Council was held December IS, 1980 in the Council
Chambers of Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m.
by presiding officer Mayor Frank Johnson. All Council members were present. Also
present was City Attorney Charles Camp, City Clerk Willoulse Spivey, Police Chief
R. E. Little. Fire Chief Don Atkinson. Director of Public Works Jim David. Parks and
Recreation Director Bill Johnston, Civil Defense Director Jim Farley, Sui lding
Inspector Dan Steely and members of the press.
Invocation "'1as given by Elbert Coa,lson, followed by the pledge to the flag.
Reports: Mayor Frank Johnson introduced Virginia Morgan and Gene Weaver
Smyrna Athletic Association Irlho presented a trophy to Mayor and Counci I.
Ms. Weaver was in charge of the 85-pound SAA Roadrunner football team cheerleading
team and they recently won the Georgia Youth Cheerleading Competition, which is a
statewide event. Mr. Morgan introduced her cheerleaders and thanked the City of
Smyrna for their cooperation and use of their parks.
rotest of Water Bills
had gotten a permit for a sign for 871 Cherokee
Trail not like, and he thought the City used selective enforcement
Mayor Johnson reminded Mr. Henson he was here to appeal the
er bills, not a sign permit. Mr. Henson said he had no animosity
il, but they made it impossible to do business at the sign location.
records did not show he owed the water bills.and an inquiry to the
City's audit firm brought no reply. He did not bring any of his records and had
ded only by phone and letters. Mr. Henson was advised to bring his can-
hecks, etc.. to the Water Department and they would be glad to check them
Inst our records. Jack Shinall made a motion to continue this hearing at the
meeting In January. Jim T~lleson seconded the motion which carried by a 7-0
The 1
not i
He I
Hensan
sible
Shina
in 0
by a 7-0
.of the second water
Department
hause to the Le
fami 1 iar with
bins. He said
a mot i on to cont i nue
recheck all records.
te.
bill was 2650 Carolyn Drive. Mr. said he
inue service in his name April, 1979.
on May 1979. Jack Shinall Mr.
holds the p r respon-
ifiedthe City to discontinue ceo Jack
s hearing until the first meeting January
Elbert Caalson secanded the motion which carried
Maltese Signs requested a variance of the sign ordinance to erect a
sign on Cabb Parkway for Lake Cumberland Apartments. Jim Hawkins made
a motion the variance be granted. Jim Talleson secanded the motion which carried
by a 7-0 vote.
. Walt Hapkins req of property located at 1326 Concard
F.C. ta L.C. far a ceo Mr. Hopkins was present~nd said his
canstruct a 2-stary building totaling 2400 feet, with
15 park ing spaces. Pl ann i ng and Zon i ng Boa rd recommended the
3-1 vote, wi th one t i on. Mr. Eugene Rice, 3046 Lee St reet was
because he did not any curb cuts on Lee Street. Max Bacon made
the property at 1 Concord Road located in lL 558, 17th District,
County, Georgia, beginning at a point being the intersection of
east side of lee Street and the south s ide .of Cancard Road (formerly Love Street)
running thence east 89 degrees, 22 minutes for 80.55 feet, then south 1 degree, 30
minutes for 113.75 feet, then south 80 degrees, 29 minutes, 30 seconds for 81.03
feet to Lee Street, then north 1 degree, 21 minutes for 128.00 feet and the point
of , be rezoned from Future Commercial to limited Commercial with the
st that there be no curb cuts on lee Street. Jim Hawkins seconded the
motion which carried by a 7-0 vote.
Concept Warehouses, Inc. ,618 Smyrna Roswell Road requested rezan i ng fram
Commercial to Office/Distribution to construct mini warehouses. The appli
Peters was present and said they had 2.8 acres and planned ta build a
mini starage facility of approximately 51,000 square feet. There will
be one entrance from Smyrna Roswell Road and a fire exit from Hawthorne Road. The
Planning and Zaning Board had recommended the rezoning. There was no oppositian.
Jim Tolleson made a motion this praperty be rezoned from G.C. to O.D. Max Bacan
seconded the motion which carried by a 7-0 vote.
Vari Robert Peters, Concept Warehouses, Inc. at 618 Smyrna Roswell Road had
a variance to build an apartment/office on the premises, but asked that
this issue be withdrawn.
The
no commercial building permits to bring before Council.
Steely secanded the motion which
Jim Tolleson made a mation that W.
Zoning Board, representing Ward 1.
by a 7-0 'late.
D.
John
Max
and
by a 7-0
a motion that Dan Scoggins, 3234 Ann Raad be appointed ta the Planning
representing Ward 2. Jim Hawkins seconded the motion which carried
Jim made a matian that Jack Strickland be reappointed ta the Baard to
represent Ward 4. Max Bacon seconded the motian which carried by a 7-0 vate.
John Steely made a motion that Gene Jernigan be reappointed ta the Board, representing
Ward 7. Jerry Mills seconded the motion which carried by a 7-0 'late.
said he felt it
ia Municipal Associa
paid, in the amount .of
a 7-0 vote.
necessary that the City continue its membership
and made a motion that annual membership dues
$2,764.61. John Steely secanded the motion which
Elbert made a motion that the discussion of adopting a purchas.Jng pracedures
plan be tabled. Jerry Mills secanded the mation which carried by a 7-0 vote.
Jim Tolleson the Cobb
, , that the City approve .of the sign that
on Hargrove at Spring Raad and urged them to adopt a sign ordinance
(License & Permits) Jim Hawkins said his committee had met and made a motion that
the business license schedule for 1981 be adopted at the same rate as 1980. John
Steely seconded the motion which carried by a 7-0 vote.
(Finance & Administration) Elbert Coalson read a letter addressed to the Mayor
from Gunter E. Newsom, Director of Finance & Administration, tendering his resig-
nation to become effective December 17. 1980. Mr. Coalson said he appreciated Mr.
for the goop that he has done the City and he has been an asset, and made
a mo n that the resignation be accepted. John Steely seconded the motion which
carried by a ]-0 vote. Jim Tolleson said he would like to give authority to the
Mayor to discuss the number of days severance pay due Mr. Newsom and make his
recommendation to Council. John Steely said that his accumulated sick leave and
vacation would amount to approximately 30 days, and Jerry Mills made a motion that
Mr. Newsom be given 30 days pay from the date of res.ignation. Elbert Coalson seconded
the motion which carried by a 7-0 vote.
(Police) Chief Little reported a date for the sale of surplus equipment has not
been set, but it would have to be on a Saturday. The sale must be advertised in
the newspaper in a sufficient size and type to be easily read and understood.
Elbert Coalson made a motion that bids be let for four (4) new patrol cars for the
Police Department to be paid from Revenue Sharing funds.. Jerry Mills seconded the
motion. Chief little said it would be January or February before we would know who
had the State contract, and didn't feel we could hold out that long on ordering.
These cars were approved in the 1980-81 budget. Mayor Johnson asked Chief little
to check with the State and determine the status of the contract letting. Vote on
the motion to submit bids carried by a 7-0 vote.
(Parks) John Steely thanked Bill Johnston and Sherry Reavis for the fine job they
did at the Christmas Tree lighting and also Noel Roberts for the music program.
John Steely made a motion that we request bids for two used vehicles for the Parks
Department, to be opened the second meeting in January. Max Bacon seconded the
motion which carried by a ]-0 vote.
John Steely said he had received a complaint about the speed limit on Concord Road
being raised to 45 miles per hour. John said you cannot travel safely at 45 miles
per hour on Concord Road from South Cobb Drive to Atlanta Road. John said he had
already written the State concerning the speed limit on North Cooper lake Road.
Concord Road is not in his ward, but asked the councilmen within that ward to
look into the situation. Jim Hawkins said the speed limit was raised to 45 to
enable the Police Department to use radar on that road. Chief little said the
Department of Transportation makes a survey of roads where we would like to use
radar and then they check the average speed on that street to determine what they
think is a safe speed.
nts: Next Council meeting January 5. 1981 and the Jonquil Breakfast on
r 17th which is being sponsored by our city.
Meeting adjourned at 8:32 p.m.
ICKORY
OF
OF PROTECTIVE COVENANTS. made
BO'\AIEN:> I . ,
publ she
THIS
,>
rat
it
the laws of"
prine of"f"ice
State 0
Georgia,
ounty 0
Cobb,
ered
havi
in Cobb County, Georgi
W I
ESSE'rH
"
"
sa
c
ion is
ON
of' the s
LL
certain 1.3" racts
n Lots 244" 2 1
b
ng a s bdi,
sion
parcels 0 land s tuated,
and 3 6 of" the 17th Dis ri
"
Ceorgia" b
more parti u'lar
Lots 1 through 20 inc ive, as per p at by
s ered Land and rec
_____; Cobb County Records, and
it i to the interest benef"it and advantage
each and every shal
ove des in vi
:> INC. doe hereby set up" 1 s
protective to apply
1 persons owning sai lots, or any of' them,
these protective covenants shall become ef'f'ecti
with the land and shall be binding 0
through STERLING G. BOWEN, INC. until
h time said covenants may be
Ie or in as re er
nd dec
er
ate
11,
i
:0
b
t~
1
sslve
slgned by
ma,) ori ty of'
1
s has been recorded, agree!
to change
oovenants in whole or in part.
AND
LDING
No lot shall be used
11 be erected,
h
1
n
s
have
ro
t~te
quality
or e
w:tt;h
on \'li th re pee
to
graphy
wal.
I
eree ed,
nearer to any s
et t
n mi
imilarly approved.
Approval shall
COMMI
All P
and
writ
a
,
" ,
J..,~
:L
1
w
ee:
BOWEN
A
o
t ee
1
deai
i
a 1
lans and
ecifications submit ed.
SI
The ground rloor area or
main
story
porches and garages, shall
feet
one- tory dwelli
. not
han one-s
r
5
et.
i all b located on
r nearer to tide stre
setbac on the record
s
be
o
1
nearer
or
o
t t
o f'e t to
~
t
shall
c
dere
as a part
f' a
jXlg,
,
his shal
not b
cons rued to permit any
portion
f' a
on a lot to encroach upon another lot.
EASEMENTS:
Easements f'or ins
lla ion and maintenanc
ili
served as shown on
and within
en f'eet around the peri~~ter 6f'
di
NUISANCES:
No noxious or of'f'ensive aotivity shal
be
any lot, nor
1
b
done th
e
t~
"
'"
ly.
No
o
i
p
to
c
any lot e
ept one prof'essional s gn
square f'oot" two polit
al signs not more
han
ve
plac
wit;hin
months 0
the respec ive
sign of' not more than f'ive square f'eet advertising
f'or sale or rent. or Signs used by a builder to
during the construction and sa es period.
No animals" livestoc or
kind shall
e ra.i
.,
kept on any lot"
B or other househo
B
be
t prov::tded that
they are
t" bred
nt
ned f'or any c
ia
oses.
lot 1 b
f'or rubbIsh. 'Trash. garb 0
tary A
orage h
ondi on.
s
0 Pub 4 al
-'-
i t shall ained ueh
Any pure er t' a
constructi ot' a residence on
b c wI !:lin Lf months
such syt
t
have 36 hs
al
truc
ext
ime may be grante
by
any
uch
s
mus
b
1
o Lot
n
s
01'
s ..
o
syst
i
i.
be
("Hrlners
1
the 1_
tal
an1tary
1
e c
t
1t10n to
as
s
ot' $75 .00 per
to
Lake H lIs Subd1vis10n
s:}tgt
1 0
sha 1 be by proceed
erso
o
or
t
01
"
its
he
t
STERLING G. BOWEN,