01-08-1979 Regular MeetingJanuary 8. 1979
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on January 8, 1979,.at City Hall, Smyrna, Georgia. 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 present was City Attorney Charles Camp, City Clerk Willouise
Spivey, Finance & Administration Director Gunter Newsom, Police Chief R. E. Little,
Fire Chief Don Atkinson, Parks and Recreation Director Asa Howard, Public Works
Director Jim David, Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by the new Minister of the Smyrna First Baptist Church, Reverend
Bud Abbott, followed by the pledge to the flag.
Mayor Johnson asked that Agenda Item #8, discussion of reduced hours at the city
dump, be brought up at this time, due to discussion which might involve Assistant
Director of Public Works Vic Broyles who has another meeting to attend. Jerry Mills
stated a study had been made by the Public Works Department on the cost of operating
the dump. The study showed the cost was approximately $35,000 per year, including
salaries, machinery, etc. A plan has been worked out where we could use'the county
dump for approximately $6,000 per year. Jerry asked Vic Broyles to explain the
operation. Vic explained the county charges by the weight of the load. The plan
is for the City to chip up all limbs and continue to dump these chips at our dump;
therefore, the trash carried to the county dump would not be heavy trash. The
Environmental Protection Agency (EPA) is very unhappy with the city dump due to the
lack of dirt to cover trash and the amount of shale rock. The EPA required the dump
be covered at least twice a month, which necessitates heavy machinery be kept on
the site. His recommendation was that the dump be open on Saturday only, on a tem-
porary basis, to see how it worked. Jerry Mills made a motion the Sanitation Depart-
ment be given permission to take trash to the county dump, and also to close the
dump except on Saturday for a period of sixty (60) days, after which time the cost
factor will be looked at again. Jack Shinall seconded the motion which carried by
a 7-0 vote.
Citizens Reports: Gene Hoaster, 4144 Manson Avenue, stated he had a water problem
which had been contributed to by the Smyrna Swim and Tennis Club construction. He
asked if the City was going to correct the problem or have the Club correct it.
Rem Bennett asked Jim David the cost of correcting this water problem. Mr. David
said the cost of the.pipe would be $519.64, plus an installation cost of approxi-
mately $500.00. Mayor Johnson stated the first thing needed was to determine if
this is a liability of the City or the Swim and Tennis Club. This problem was
turned over to the Streets Department for a report at the next meeting.
Jim Hawkins advised Mr. Raul Leon, applicant for a malt beverage/wine pouring
license at the Monterey Mexican Restaurant, that the investigation had not been
completed as yet but will be on the Agenda next week. He told Mr. Leon we were
unsuccessful in our efforts to reach him to advise him of the delay, and if there
were any questions he wished to discuss he would be glad to meet with him after the
meeting.
Jim Tolleson asked Don Lillie and the entire Parks and Recreation Commission to come
forward for a presentation. Mr. Lillie,Chairman of the Commission, presented out-
going Councilman Rem Bennett, a member of the Parks and Recreation Committee, with
a plaque and thanked him for his efforts and accomplishments in the Parks and
Recreation Department. Rem thanked the Commission and Mayor Johnson expressed the
appreciation of himself and Council for his serving on the committee.
Bids for equipping a surplused military truck for the Civil Defense Department were
opened, read, and are recorded as follows:
Complete Cab Kit Truck Utility
Winch Heater & Defroster Body, Comp.
Equipment Innovators No bid No bid No bid
L & L Jeep Company $1,227.07 Kit-$527.07
Heater-$275.51
William & Harvel Rowland $3,274.92 or
$2,667.26
Elbert Coalson made a motion the bids be turned over to committee with authority
to act. Rem Bennett seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Luke Boring and upon his
recommendation the following action is recorded:
(Continuation of January 8, 1979 Meeting)
(1) Brawner's Institute, 3180 Atlanta Road, requested a permit to build an alcoholic
unit. Plans had been approved by the Fire Marshall. Rem Bennett made.a motion the
permit be approved. Jack Shinall seconded the motion which carried by a 7-0 vote.
(2) Super Test Oil, 2110 Atlanta Road, requested a permit to remodel and install
a glass front to the existing building. Plans had been approved by the Fire Marshal
but had not been checked by the Inspector. Jim Hawkins made a motion this request
be tabled until the plans had been checked by the Inspector. Rem Bennett seconded
the motion which carried by a 7-0 vote.
(3) Wendy's Corporation, Jones Shaw at South Cobb Drive, requested a permit to
build an addition onto the present structure. Plans had been checked by the Inspec-
tor and Fire Marshal and found to be in order. Jim Hawkins made a motion the permit
be granted. Jerry Mills seconded the motion which carried by a 7-0 vote.
(4) James Pete Theodocian, owner of property located at 726 Cherokee Road, re-
quested a side yard variance in order to have a four car parking area off Burbank
Circle. Our ordinance calls for a 10 foot' grass strip between the parking area and
sidewalk. The request was to waive this restriction. If the variance is granted
Attorney Wes Baxter wants to purchase this property and use in his law practice.
There will be no driveway entrance off Cherokee Road. This variance request was
received in City Hall on Thursday afternoon but Council did not receive a copy of it
until Friday. Due to this request not being given to Council on Thursday, Jim
Hawkins made a motion it be tabled until the next meeting. Rem Bennett seconded
the motion. The motion and second was withdrawn. After further discussion, Jack
Shinall made a motion to table the request until the next meeting. Jim Hawkins t
seconded the motion which carried by a 4-3 vote. Jack Shinall, Rem Bennett, Jim
Tolleson and Jim Hawkins voted to table. Elbert Coalson, Jerry Mills and Bill Darby
voted against.
Mayor Johnson advised the terms of four members of the Planning and Zoning Board
expired on December 31, 1978. These members were from Wards I, II, IV and VII, and
Mayor Johnson asked Council members from these wards for their recommendations.
Ward I Councilman Jim Tolleson made a motion W. C. McCoy, 2599 Carolyn Drive be
appointed to the Planning and Zoning Board. Jerry Mills seconded the motion which
carried by a 7-0 vote. This appointment is for a period of two years.
Ward II Councilman Bill Darby made a motion Tom Corso be reappointed for another two
year term. Jerry Mills seconded the motion which carried by a 7-0 vote.
Ward IV Councilman Jim Hawkins made,a motion Jack Strickland be reappointed for
another two year term. Jim Tolleson seconded the motion which carried by a 7-0 vote.
Ward VII Councilman Rem Bennett made a motion M. E. Jernigan, 305 Autumn Lane, be
appointe3 to the Planning and Zoning Board for a term of two years. Jim Hawkins
seconded the motion which carried by a 7-0 vote.
Terms for all four members will expire December 31, 1980.
Jim Tolleson made a motion the minutes of December 4, 1978 be approved as submitted.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the minutes of December 11, 1978 be approved as sub-
mitted. Jim Tolleson seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motion the minutes of December 18, 1978 be approved as sub-
mitted. Bill Darby seconded the motion which carried by a 7-0 vote.
Jim Tolleson reported that Parks and Recreation Director Asa Howard had put together
a grant entitled "The Smyrna Parks and Recreation Expansion Project." The grant
is in the amount of $286,765.92, and if approved will mean twenty-one (21) new CETA
employees for the City for a period of eighteen (18) months. Director Howard ex-
plained the program and Mayor Frank Johnson commended him for his work on this
project.
Bill Darby stated he would like to apologize to the citizens requesting the variance
tonight. He said they met the criteria set by Council, but due to the lack of
communication between Council and employees of the City, they will be forced to
attend the council meeting next week. He stated Council knew about this request and'
could have checked it out before tonight,"and he felt their being asked to make
another trip was unnecessary.
Jim Hawkins called a meeting of the Inspections Committee immediately following this
meeting to go over applications for the City Inspector.
(Continuation of January 8, 1979 Meeting)
Jim Hawkins stated that on December 18, 1978 he made a motion that amendments to
the ordinances, Section 3-1, 3-26(8), 3-26(9), 3-30, 3-31 and 3-39 be tabled until
further notice. At this time he made a motion these be brought off table. Jim
Tolleson seconded the motion which carried by a 7-0 vote.
ti
r Jim Hawkins read: "Be it, resolved by Mayor and Council of the City of Smyrna that
Section 3-1, Definitions be amended to read as follows:
Distance: The measurement in lineal feet from the center of any door of customer
entry of the proposed premises,of licensee.to the nearest property line of any
church, library, school, college, public park, public housing, public hospital
or private residence as defined herein. A radius shall be measured from the
center of any door of customer entry of the proposed premises of any licensee to
the nearest property line of any church, library, school, college, public park,
public housing, public hospital or private residence as defined herein."
Jim Hawkins made a motion Section 3-1 be approved as read. Jim Tolleson seconded
the motion. Mr. Hawkins stated the above read ordinance is the same as the Cobb
County ordinance. After a lengthy discussion Mayor Johnson called for a vote on the
motion which carried by a 4-3 vote. Elbert Coalson, Jim Hawkins, Jim Tolleson and
Rem Bennett voted for. Jerry Mills, Bill Darby and Jack Shinall voted against.
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
Section 3-26, Subsection (8)., Malt or Vinous Beverages be amended to read as follows:
No license shall be issued hereunder for the sale of Malt or Vinous beverages,
where the place of business of the applicant is located within a radius of six- --
hundred (600) feet from any church building, school building, public or private.
Measurements in lineal feet shall be made from the center of any door of customer
entry of the proposed premises of licensee to the nearest property line. A map
showing distances and locations must be furnished by a registered surveyor or
engineer. The provisions of this section shall apply for the church or school
building or any portion of the lot as herein described located within the city
or county. The schools or colleges referred to herein shall include only such
state, county, city, church or other schools as teach the subjects commonly taught
in the common schools and colleges of this state, and shall 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."
Jim Hawkins made a motion Section 3-26, Subsection (8) be approved as read. Jim
Tolleson seconded the motion which carried by a 4-3 vote. Elbert Coalson, Jim
Hawkins, Jim Tolleson and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack
Shinall voted against.
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
Section 3-26, Subsection (9), Malt or Vinous Beverages be amended to read as follows:
No license shall be issued hereunder for the sale of Malt or Vinous beverages,
where the place of business of the applicant is located within a radius of three -
hundred (300) feet of any lands zoned for any residential classification whether
located within the City of Smyrna or Cobb County, Georgia. Measurements in lineal
feet shall be made from the center of any door of customer entry of the proposed
premises of licensee to the nearest property line. A map showing distances and
locations must be furnished by a registered surveyor or engineer. If the owners
of surrounding residential land so affected agree in writing to a waiver of the
three -hundred (300) feet requirement, said waiver may be considered by the
governing body in acting upon said application.
For purposes of this subsection, owners of residential land means any person
owning an interest in the land except such interest as arises from a loan,
deed or lien."
Jim Hawkins made a motion Section 3-26, Subsection (9) be approved as read. Jim
Tolleson seconded the motion which carried by a 4-3 vote. Elbert Coalson, Jim
Hawkins, Jim Tolleson and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack
r Shinall voted against.
z
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
Section 3730, Distance from residents for sale of spiritous liquors be amended to
read as follows:
(Continuation of January 8, 1979 Meeting)
No license shall be issued hereunder for the sale of spiritous liquor, where
the place of business of the applicant is located within a radius of three -
hundred (300) feet as to package store and/or pouring establishment of any
lands zoned for any residential classification whether
located within the City of Smyrna or Cobb County, Georgia. Measurements in
lineal feet shall be made from the center of any door of customer entry of
the proposed premises of licensee to the nearest property line. A map showing
distances and locations must be furnished by a registered surveyor or engineer.
If the majority of owners of land zoned for residential purposes as herein
defined agree in writing to waiver 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."
Jim Hawkins made a motion Section 3-30 be approved as read. Jim Tolleson seconded
the motion which carried by a 4-3 vote. Elbert Coalson, Jim Hawkins, Jim Tolleson
and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack Shinall voted against.
Jim Hawkins read: "Be it resolved by Mayor and Council.of the City of Smyrna that
Section 3-31 - Distance from schools, church, etc. as to spiritous liquors be amend-
ed to read as follows:
No license shall be issued hereunder for the sale of spiritous liquors where
the place of business of the applicant is located within a radius distance of
six -hundred (600) feet of a library, church, school or public park. All
measurements shall be made from the center of the front door of the applicants
establishment. In the event that the applicant shall have two (2) or more
customer entrance doors, a measurement shall be made from the center of each
door. A map showing distances and locations must be furnished by a registered
surveyor or engineer."
Jim Hawkins made a motion Section 3-31 be approved as read. Jim Tolleson seconded
the motion which carried by a 4-3 vote. Elbert Coalson, Jim Hawkins, Jim Tolleson
and Rem Bennett voted for. Jerry Mills, Bill Darby and Jack Shinall voted against.
Jim Hawkins read: "Be it resolved by Mayor and Council of the City of Smyrna that
Section 3-39 - Payment of license fees; amounts be amended to read as follows:
Subsection (b) - Each person manufacturing or selling spiritous liquors in
the City shall pay an annual license tax as follows:
Retailers or wholesalers: Vinous liquors, package only - $200.00
Vinous liquors, pouring only - $300.00, retailers
Registration fee for wholesalers - $15.00
Retailers or wholesalers: (Delete in its entirety) Vinous liquors, Combi-
nation package and pouring.
Retailers or wholesalers: Malt Beverage, package only $300.00
Malt Beverage, pouring only $400.00, retailers
Registration fee for wholesalers - $15.00
Retailers or wholesalers: (Delete in its entirety) Malt Beverage, Combination
package and pouring."
Jim Hawkins made a motion Section 3-39 be approved as read, to become effective
January 9, 1979. Jim Tolleson seconded the motion. Jim Hawkins said the proposed
fees are the same as charged by the City of Marietta. After discussion, Jack
Shinall made a motion this be tabled until all license fees can be reviewed. Jerry'
Mills seconded the motion which carried by a 5-2 vote. Jerry Mills, Jack Shinall,
Bill Darby, Rem Bennett and Elbert Coalson voted to table. Jim Hawkins and Jim
Tolleson voted not to table.
Elbert Coalson thanked the Police, Fire and Civil Defense departments for rescuing
a cat that had been in a tree for four days. Elbert also reported the sale of tags,
today was real good, and they will be on sale in the City Hall Tuesday and Wednesday
Rem Bennett said he had enjoyed serving on Council for the last three years, and
if in the future he can help the City in any way he would feel honored to do so.
Mayor Johnson and all the Councilmen told Rem it had been a pleasure to work with
him and they appreciated what he had done.
WHEREAS, the City of Marietta is pursuing an aggressive policy of annexation of
commercial property as evidenced by.the recent annexation of nine pieces of commercial
property, some in the Cobb Parkway (U.S.41) corridor and by public statements made
by the Mayor of Marietta; and
WHEREAS, the City of Marietta has proposed to annex certain additional large commercial
tracts of land lying along Cobb Parkway located approximately six miles from the
Marietta square; and
WHEREAS, the area encompasses land lying south of Windy Hill Road and Smyrna -Roswell
Road in the legal and traditional planning area of the City of Smyrna; and
WHEREAS, this action by the City of Marietta will divert now and in the future -thee -
collection of county school taxes, causing the other taxpayers of Cobb County, the
City of Smyrna and every other municipality in Cobb County to carry an additional
burden of taxes that was lost to the City of Marietta; and
WHEREAS, with these actions the City of'Marietta encroaches upon the service areas
and future natural growth areas of the City of Smyrna and that these annexations are
no more justifiable than allowing the City of Atlanta to annex the southern_ portion.
of the City of Smyrna's growth area; and
WHEREAS, the City of Marietta has not provided adequately for fire, police and other
governmental services to the areas proposed to be annexed, but rather continue to
rely upon the support of the City of Smyrna and Cobb County to assist in these services
while at the same time removing the tax base necessary to support this assistance; and
WHEREAS, the City of Marietta's annexation policies exhibit an apparent disregard for
the welfare of her fellow citizens of Cobb County as well as her sister cities; and
WHEREAS, each attempt by the Mayor of Smyrna to meet with the Mayor of Marietta to
resolve the interests of each city.as well as the rest of the county in annexation
procedures and policies has been rebuffed by the Mayor of Marietta without any con-
sideration; now
THEREFORE, be it resolved that the Mayor and City Council of the City of Smyrna acting
collectively as a body and individually, request that the Mayor and Council of the
City of Marietta refrain from following their harmful annexation program'and respect
the planning and growth areas of their sister cities in Cobb County; and
BE IT FURTHER RESOLVED that the Mayor and Council of the City of Smyrna request that
the governmental bodies of Cobb County, the Cobb County School Board, the cities
of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna, meet in congress
to establish mutually acceptable annexation policies that will allow each of these
governmental entities to prosper without harming the others.
gn Witneso 3u4ereaf, A gave gerew.wo Set mZ ganb anb causeb fge
Seai of tgje Cite fo Ge affi�A upon fgis
January
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in fgje Zear of (our pCorS 19 79
January �, 1979
Irlbert Co*lson
Cotincilman
City of :Myrna
Smyrna, Georgia
Lear Mr. Coalsons 4i
I AIT! Of- ownee of
•
am awar-i of ia. the Prol*PtY located at '130 Burbiini: Circle. ' I�WOA.s
i068 rate Theodocionts request to waive
the 10
requirement as per the City Of Smyrna zoning ordinant.-O I . ' UnWq this strip
vtiriunve ig requested for the burbank Circle side of t;o Prop#rV,
I have no objection to -the City Of Smyrna granting t1lig varianee.
ROSPectfUlly yours,
• William T. Rutledge
0
iLL :•
1
J"UM 3. 1979
Mr. Elbert Coal
Councilman
Cit'T pt .BIWCVA
A ,
Dear Xr•
I an the
atner Or the property located at ses Cherokee ��+; QaorBl�►.
1 am &war* of Ja+ a Pete Theodocsion's request to naive
strip requirawnt,'44
d,.
per the City
this variance is rsqutsted for the
of 3mprrnt► zoning o 'din vi ti ,�, glAilet'�t�1ofl -
Bur nk
by Circle cle sefe c
Ipp*rty only. .,
l have no objsctlon to the City Of
Smyrna #ranting tj t' - ,..
ReipectAdly Yb{.Vot
firs. Martha $heo490ion
t
r .
��yy 11 1
January 3. 1979
Pr.. '-'lbort Coalson
Councilman
City of Smyrna
Dear Mr. Coalsons
l am the owner of the property lneate.1 at -06 Cherokee Rd,:,*raa, Georgia.
I at aware of James PetO Theodocin►►'N request to waive the 10 foot grass
strip requirement as per the City of 5imyrnA 7onirg ordinance. I understand
this variance to requested for the Burbank Circlu side of the property only.
i have no -objection to the City of Smyrna granting this variance.
Respectfully ylo�ur*$
�r
r Pre. P.H. Snider
If
(Continuation of January 8, 1979 Meeting)
Mayor Johnson stated that in the last couple"of months it has become quite apparent
the City of Marietta intends to annex a considerable amount of property in what we
consider to be in our natural growth area, primarily in the corridor in and around
Cobb Parkway, south of Smyrna'Roswell Road and Windy Hill Road, toward Cumberland
Mall. He said he felt very strongly that this territory south of Windy Hill Road
is in Smyrna's natural growth area. He said he first contacted the Mayor of
Marietta objecting to that city's annexation pattern, and got no results. Later
he suggested the Mayor and Council of'both Smyrna and Marietta meet collectively and
try to work together and the idea was completely thrown aside. Mayor Johnson said
that as an elected official, the Mayor of Smyrna, and the confidence placed in him
by the voters of this city, he feels compelled to stand up for what he thinks is
right for Smyrna and Cobb County. He said he has a Resolution which he is going to
ask Council to adopt tonight, a copy for delivery tomorrow to every Mayor in Cobb
County, Commissioner of Cobb County Ernest Barrett and the Cobb County School Board,
calling to their attention how we feel'about this annexation. About two months ago
he wrote a letter to the Cobb County Delegation calling their attention to the fact
that Marietta was infringing on our natural growth area and were taking money from
the county school board, money the school board could not afford to lose. Every
parcel of land annexed by the...City.of Marietta causes a deficit of 17 mills to the
Cobb County School Board because Marietta has its own school system. Each citizen
of Cobb County, not residing in the City of Marietta, not residing in the City of
Marietta, is going tohave to makeup the 17 mills to support our schools. He
paralleled the action of Marietta to be like Sherman marching through Georgia to
the sea, raping and ravaging everything in his path, with no regard for the citizens.
Mayor Johnson read the attached Proclamation. Bill Darby made a motion to autho'tize
Mayor Johnson to sign the Proclamation. Elbert Coalson seconded the motion which
carried by a 7-0 vote. Council thanked Mayor Johnson for his efforts regarding
this problem and gave him their wholehearted support.
Mayor Johnson said the Proclamation would be hand delivered to all the cities, to
the Commissioner's office and the Cobb County School Board tomorrow morning. Every-
one in the audience applauded.this action.
Mayor Johnson recognized the Chairman of the Cobb County School Board Jack Darnell
and Board member Sam Whitfield. They thanked Smyrna for taking this action.
Cobb County Commissioners Wit Carson and Butch Thompson were recognized.
Qualifying dates for Ward Council seat are January 9th, loth and llth; CMA Monthly
meeting tomorrow night at Kennesaw and the next council meeting will be January 15th.
Meeting adjourned 'at 9:29 o'clock p.m.
January 15. 1979
The regular scheduled meeting of Mayor and Council was held January 15, 1979 at
City Hall, .Smyrna, Georgia. Presiding officer Mayor Frank Johnson called the
meeting to order at-7:30 o'clock p.m. ..Six Council members were present, the Ward
7 Council seat being vacant. Also present was City Attorney Charles Camp, City
Clerk Willouise Spivey, Finance Director Gunter Newsom, Fire Chief Don Atkinson,
Police Chief-R. E. Little, Parks and Recreation Director Asa Howard, Public Works
Director J. E. David, Civil Defense Director -Jim Farley, Inspector Luke Boring and
representatives of the press.
Invocation was given by Councilman Jack Shinall, followed by the pledge to the flag.
Citizens reports: Sue Brissey stated she observed three or four months ago that
the owners of the house at the corner of Havilon Way and Concord Road had all the
trees in the front yard cut down, and the City spent at least two and maybe three
days cleaning the yard, all the way to the house. She asked how this could happen.
Mayor Johnson stated he would check into the situation and contact her.
Dr. Marcus L. Bramblett, Pastor of the King Springs Baptist Church, appealed to
Mayor and Council to -let the Alcoholic Beverage Ordinance changes approved at the
last council meeting stand. He understood they would be changed again tonight.
Mayor Johnson advised Dr. Bramblett he would be allowed to speak on this when
Item #6 of the Agenda was brought up.
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