Loading...
01-15-1979 Regular Meeting (2)(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. (,, J ! lr ( � , 0 ; ., � (Continuation of January 15, 1979 Meeting) Elbert Coalson made a motion to bring the request for a variance at 726 Cherokee Road off table. Jim Tolleson seconded the motion which carried by a 6-0 vote. Elbert Coalson made a motion the side yard variance, requested by James Pete Theodocian, property located at 726 Cherokee Road at the corner of Burbank Circle, be approved. Jack Shinall seconded the motion. Elbert Coalson amended the motion to read the three (3) letters from neighbors stating they had no objection, be made a part of these minutes. Jack Shinall seconded the motion. The motion to amend, and the main motion, carried by a 6-0 vote. Jim Hawkins read a letter from John Dickson requesting a temporary permit to place twelve flags on top of his building at Dickson Shopping Center for a period of 30 days. Jim Hawkins made a motion the temporary permit be approved. Bill Darby seconded the motion which carried by a 6-0 vote. Malt Beverage/Wine Pouring License request - Monterey Mexican Restaurant, 2540 Atlanta Road, Raul Leon, Applicant. Jim Hawkins read the letter from Police Chief R. E. Little stating that due to the fact Mr. Leon cannot speak english there might be some question as to whether.he understands the laws and ordinances governing this type of business. He also noted the application was not signed by the person filling out the application for Mr. Leon, as is required by law and that it appears from their investigation there were considerable misrepresentations relative to the application. Mayor Johnson called on Chief Little who stated his department had been unable to contact Mr. Leon at the address listed on the application; also, certified letters had been returned to his office as unclaimed. Jesus Onate, Mr. Leon's partner, stated Mr. Leon was delayed and should be present in about five minutes. Mayor Johnson set this request aside until later in the meeting when Mr. Leon was present. Bill Darby made a motion the Alcoholic Beverage Ordinance amendments be tabled. Jerry Mills seconded the motion which carried by a 4-2 vote. Bill Darby, Jerry Mills, Jack Shinall and Elbert Coalson voted to table. Jim Hawkins and Jim Tolleson voted not to table. Mayor Johnson stated there was some dissension among council members about these changes in the alcoholic beverage ordinance. Some felt the previous ordinance was a little too lenient while some felt the changes made last week were a little too strenuous. A committee will be appointed to make an indepth study in an effort to adopt an ordinance which would be mutually accepted by all. Mayor Johnson told Dr. Bramblett that when the committee was formed we would be glad to have his comments, and the comments of anyone else who might have a meaningful input. Dr. Bramblett stated he would like to meet with the committee. Mayor Johnson told him he would be notified. Mayor Johnson also called to the attention of Dr. Bramblett House Bill #172 which is under consideration now, which concerns the distance measurements to churches and schools for liquor stores. Reverend McHan of the Sharon Baptist Church asked that he be allowed to meet with the committee also. Mayor Johnson told Reverend Bramblett that he and the large group with him had a chance to speak out on other issues. Referring to the "Speak Out on the Issues" poll in last Saturday's Marietta Daily Journal, Mayor Johnson told the group copies had been run and if they wanted to fill one out and leave it, we would mail them to the Marietta Journal. Commercial building permits were presented by Luke Boring and upon his recommen- dation the following action is recorded: (1) Super Test Oil, 2110 Atlanta Road, requested a permit to remodel and install a glass front on the existing structure. Plans had been approved by the Inspector and the Fire Marshal. Elbert Coalson made a motion the permit be approved. Jerry Mills seconded the motion which carried by a 6-0 vote. (2) The First Baptist Church, 1275 Church Street, requested a permit to remodel the office space in the church. Plans had been approved and Mr. Boring recommended the permit be approved. Jerry Mills made a motion the permit be granted. Jack Shinall seconded the motion which carried by a 6-0 vote. Mr. Raul Leon, applicant for the malt beverage/wine pouring license at the Monterey Mexican Restaurant, along with Jesus Onate, acting as interpreter, were called forward. Jerry Mills asked Mr. Leon if he understood the ordinance and the answer was yes. There was some confusion about where Mr. Leon lived. He could not re- member, or could not make it clear to council, his home address. Mr. Onate said Mr. Raul had been living at the address listed on the application, 1026 Pinehurst (Continuation of .January 15, 1979 Meeting) Drive, Smyrna, since September, and he did not know why the certified letters had been returned. Mr. Onate said the manager of the restaurant would be able to read and speak english. Mr. Raul has immigrant papers but is not a•United States citizen. Jack Shinall made a motion the license be,deniedkunder Section 3-16, false information, and Section 3-21, not a U.S. Citizen. Jerry Mills seconded the motion. The motion was amended to include all pertinent documents be made a part of the minutes. Jim Hawkins explained the Police Department attempted to run a check on the first application last September, and several things did not check out. He looked over the application and felt they did not understand the application and he called them in. He, Jim Tolleson and Joyce Stringer went over the application with Mr. Onate and Mr. Leon, corrected errors they had made and resubmitted it to the Police Department. The Police Department found there were still discrepancies such as the home address, etc. The motion and second was withdrawn. Pat Cole was in the audience and stated she knew Spanish and would be glad to go over the appli- cation and ordinance with the applicant, if the request were tabled. Elbert Coalson made a motion this be tabled until the next meeting. Jim Hawkins seconded the motion which carried by a 6-0 vote. Committee Reports: Elbert Coalson stated the Civil Defense Committee recommends we accept bids for the Civil Defense -vehicle renovation as amended: L & L Jeep Company - Winch - $1,227.07 Kit 527.07 Heater 275.51 Harvel & Rowland - Truck Utility Body - $3,403.82 Elbert Coalson made a motion the bids be accepted. Jerry Mills seconded the motion which carried by a 6-0 vote, to be paid from Revenue Sharing funds. Elbert Coalson said he had had a complaint of low water pressure on Robin Lane and asked Jim David to check it out. Elbert Coalson stated he had complaints from the two wrecker services contracted with the.City, that other wrecker services outside the City are using their citizen band radios and cutting in. Chief Little is to get with Attorney Camp to see just what control the City has. Annexation Jerry Mills read a letter from Robert B. Rountree, Vice President and Trust Officer, Fulton National Bank, executor for the estate of Helen Pace Thompson, requesting that 8.54 acres located at the corner of Matthews and Walker Street, Land Lot 593, be annexed into the City of Smyrna. This property is presently zoned R-20 in Cobb County. Jerry Mills made a motion the above described property be annexed into the City of Smyrna and become a part of Ward 3. Jack Shinall seconded the motion which carried by a 6-0 vote. Jim Tolleson advised the possibility of getting the Park Expansion Grant looks real good. Asa reported the Winter program began this week and the Parks and Recreation Commission will be holding its regular meeting on Tuesday, January 23, 1979. The yearly goal and objective package will be presented, also the spring and summer permits and approval for other associations to use the parks. Asa advised Hawks tickets were still on sale at the office and the money would go to the State Parks Society. Mayor Johnson called everyones attention to the Jonquil Breakfast on January 17th, Mayor's Day program on January 21st and 22nd, Chamber of Commerce dinner on January 26th and the next council meeting will be February 5, 1979. The election date for the councilman for Ward 7 is February 3, 1979. Meeting adjourned at 8:30 p.m. RANK B. JOHNSON MAYOR - WILLOUISE C. SPIVEY aITY C RK AMES E. TOLLES N, WARD 1 MILLS WILLIAM F. DARBY, WARD 2 /A�MES 14ARD 4 K SHINALL, WARD 5 LBERT R. COALSON, WARD 6 Z"I REM B. BENNETT, JR., WARD 7