02-19-1979 Regular Meeting(Continuation of February 5, 1979 Meeting)
and Regulation Handbook. He made a motion to amend the Personnel Rules and Regula-
tions Handbook, Chapter 1, Section 3 by adding the following:
Section 3 - Positions Covered ..."For the purpose of these rules and regulations, a
regular full-time employee shall be any employee who is given an offer of employ-
ment for a period of six (6) months or more and whose position requires an average
of thirty (30) hours or more per week. Further, all regular full-time employees shall
receive all fringe benefits offered by the City." Jim Hawkins seconded the motion.
After discussion the motion carried by a 6-0 vote.
Jim Tolleson also stated that although•.Willouise Spivey had been administering Ceta
funds since the beginning, the Federal Government requires this assignment be by
ordinance. Jim Tolleson made a motion that Willouise Spivey be designated as
Administrator of all Ceta funds. Jim Hawkins seconded the motion which carried by
a 6-0 vote.
Jim Hawkins thanked Luke Boring for the many years service he has given the City,
first as Electrical Inspector for the City for many years, and second as filling in
through the years. Mayor and full Council thanked Luke, who stated he would be glad
to help if needed, and had enjoyed working with the City.
Jerry Mills reported that Ken Wages, an electrician who had done a lot of work for
the City had lost a foot last week. He suggested Mayor and Council send a get well
card.
Mayor Johnson reminded everyone of the CMA meeting in Powder Springs on Tuesday
night, February 13th.
Next Council meeting to be February 19, 1979.
There being no further business the meeting was adjourned at 8:13 p.m.
February 19, 1979
The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna,
Georgia, on February 19, 1979. 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 Director
Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, City Inspector
Len Williams, Parks and Recreation Director Asa Howard, Assistant Public Works Director
Vic Broyles, Civil Defense Director Jim Farley and representatives of the press.
Mayor Johnson said tonight it was our pleasure to swear in a new Council member,
John Steely, and called on Mr. Steely for the invocation, which was followed by the
pledge to the flag.
Mayor Johnson advised that of the 2,052 registered voters in Ward 7, 818 voted in
the runoff election held February 17, 1979 with the following results:
John Steely 452
Linda Wells 363
Voids 3
These results had been attested to by Sue M. Shope, Chief Manager; Mary C. Brooks,
Assistant Manager; Dusty J. Bennett, Superintendent of Election. These signatures
were attested to by Willouise Spivey as City Clerk. Jack Shinall made a motion the
election results be certified as read. Elbert Coalson seconded the motion which
carried by a 6-0 vote.
Mayor Johnson introduced the Honorable State Court Judge Tom Cauthorn who administered
the Oath of Office to John Steely, new Councilman for Ward 7.
'(, John Steely was welcomed, and Mayor Johnson introduced his wife Linda Steely.
Mayor Johnson recognized "Terri Myers Day" in Smyrna and read the proclamation dated
February 4, 1977. He also asked for a motion declaring February 4, 1979 as "Terri
(Continuation of February 19, 1979 Meeting)
- Myers Day." Jerry Mills made a motion that February 4, 1979 be declared as "Terri
Myers Day." Jim Hawkins seconded the motion which carried by a 7-0 vote. Mayor
Johnson recognized the parents, Roger and Brenda Myers. Roger Myers asked to
speak. He thanked Mayor and Council, the department heads and all the citizens of
Smyrna for what they did for Terri and the family two years ago.
Residential -Business License - (1) James C. Donegan, 3330 Atlanta Road, Deville
Apartments, requested a residential business license to operate a commercial real
estate brokerage office from his apartment. Bill Darby made a motion the license be
granted. Jerry Mills seconded the motion which carried by a 7-0 vote.
(2) Regina S. Loudermilk, 4275 Fawn Lane, requested a residential business' license
to operate a wedding catering business from her home. A list.of.signatures of all
the surrounding neighbors, stating they did not object, was attached to the appli-
cation. John Steely made a motion the license be approved. Jim Tolleson seconded
the motion which carried by a 7-0 vote.
Commercial building permits were submitted by Inspector Len Williams and upon his
recommendations the following action is recorded:
(1) H.D.C. Corporation requested a permit to remodel and finish as a dental office,
3779 South Cobb Drive. Plans had.been approved by the Fire Marshal. Jim Hawkins
made ,a motion the.permit be granted. Elbert Coalson seconded the motion which carried
by a 7-0 vote.
(2) Charles Jones requested a permit to erect mini warehouses at 760 Cherokee Road.
Jim Hawkins made a motion the permit be approved, subject to approval of the Building
Inspector and the Fire Marshal. Jack Shinall seconded the motion which carried by a
7-0 vote.
Amendments to Ordinance - Jim Hawkins read as follows: That the Code of Ordinances
of the City of Smyrna,
to read as follows:
Georgia be amended by adding a section to be numbered 3-2.1
Section 3-2.1 - Requirement to change ordinance, as per distance.
Any amendment or change in the provisions of this Chapter, after February 20, 1979,
which shall affect the distance requirements of the location of any proposed licensee
under Section 3-26, sub -sections (8) and (9), Section 3-30 and Section 3-31, shall
first be read in public meeting of Mayor and Council and no vote shall be taken to
effect such change until the next scheduled meeting of Mayor and Council, which is
no less than seven days from date of the first meeting.
Jack Shinall made a motion the amendment be approved as read. Jerry Mills seconded
the motion which carried by a 7-0 vote.
Jim Hawkins read as follows: That Section 3-1 of the Code of Ordinances of the City
of Smyrna, Georgia be amended so that such section shall read as follows:
Section 3-1 - Distance.
The measurement in lineal feet from the front door of the proposed premises of
licensee to the nearest property line of any church, school, library, college, private
residence or public park as defined herein, by the nearest means of travel, which
shall mean the normal route of ingress and egress of the property in question.
Jerry Mills made a motion the amendment be approved as read. Bill Darby seconded
the motion which carried by a 7-0 vote.
Jim Hawkins read as follows: That Section 3-26 (8) of the Code of Ordinances of the
City of Smyrna, Georgia be amended so that such section shall read as follows:
Section 3-26 (8) - Malt or Vinous Beverages
That 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 distance of three -
hundred (300) feet from any church, school, public park or library. 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�r'
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 defined herein located within the City. The schools or colleges referred to
herein shall include 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
(Continuation of February 19, 1979 Meeting)
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. Provided however, in no event shall the building
containing such establishment be located closer than two hundred (200) feet from
the property line of any church, as measured by any means of measurement.
Jerry Mills made a motion the amendment be approved as --read. Jack Shinall seconded
the motion. Jim Tolleson made a motion to amend the motion to add "or county" on the
end of the fourth sentence, making it read as follows: "The provisions of this
section shall apply for the church or school building.or any portion of the lot as
defined herein located within the city or county." John Steely seconded the motion.
Jim Tolleson said his reason for the amendment was to protect citizens in the county.
After discussion vote on the amendment to the motion was 3 to 4. Jim Tolleson, Jim
Hawkins and John Steely voted for. Bill Darby, Jerry Mills, Jack Shinall and Elbert
Coalson voted against. Vote on the main motion carried by a 6-1 vote. Bill Darby,
Jerry Mills, Jack.Shinall, Jim Hawkins, John Steely and Elbert Coalson voted for.
Jim Tolleson voted against.
Jim Hawkins read as follows: That Section 3-26 (9) of the Code of Ordinances of the
City of Smyrna, Georgia be amended so that such section shall read as follows:
Section 3-26 (9) - Malt or Vinous Beverages.
That no license may be issued hereunder for the sale of Malt or Vinous beverages,
where the place of business of the applicant is located within a distance of two -
hundred (200) feet of any lands zoned for any residential classification located
within the City of Smyrna. 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
residential 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 two -hundred (200) feet requirements,
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.
Jerry Mills made a motion the amendment be approved as read. John Steely seconded
the motion. Jim Tolleson made a motion to amend 'the motion to add "or county" on
the end of the first sentence, making it read as the
"That no license may be
issued hereunder for the sale of Malt or Vinous beverages, where the place of business
of the applicant is -located within a distance of two -hundred (200) feet of any lands
zoned for any residents classification located within the City of Smyrna or county."
Motion to amend died for lack of a second. Vote on the main motion carried by a
6-1 vote. Bill Darby, Jerry Mills, Jim Hawkins, Jack Shinall, Elbert Coalson and
John Steely voted for. Jim Tolleson voted against.
Jim Hawkins read as follows: That Section 3-30 of the Code of Ordinances of the City
of Smyrna, Georgia, be amended so that such section shall read as follows:
Section 3-30 - Distance from Residences for Sale of Spiritous Liquors.
That no.license�may be issued hereunder for the sale of spiritous liquor, where the
place of business of the applicant is located within a distance of two -hundred (200)
feet as to package store or three -hundred (300) feet as to a pouring establishment,
of any lands zoned for any residential classification located within the City of
Smyrna. 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 residential 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 waive 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."
Jerry Mills made a motion the amendment be approved as read. Jack Shinall seconded
the motion. Jim Tolleson made a motion to amend the motion, to add "or Cobb County"
after the words City of Smyrna at the end of the first sentence. Jim Hawkins seconded
the motion. Jim Hawkins stated the reason he seconded this particular one was because
he thought a pouring establishment located within an unreasonable distance from a
house would be bad. Vote on the motion to amend the motion was 3 to 4. Jim Tolleson,
Jim Hawkins and John Steely voted for. Bill Darby, Jerry Mills, Jack Shinall and
Elbert Coalson voted against. Vote on the main motion carried 4 to 3. Bill Darby,
Jerry Mills, Jack Shinall and Elbert Coalson voted for. Jim Tolleson, Jim Hawkins
(Continuation of February 19, 1979 Meeting)
and John Steely voted against.
Jim Hawkins read as follows: That Section 3-31 of the Code of Ordinances of the
City of Smyrna, Georgia, be amended so that such section shall read as follows:
Section 3-31 ='Distance from Schools, Churches, etc., as to Spiritous Liquors.
No license shall be issued hereunder for the sale of spiritous liquors where the
place of business of the applicant is located within a distance of three -hundred
(300) feet of a library, church, school or public park. A11measurements 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 of a library, church, school or
public park. A map showing distances and locations must be furnished by a registered
surveyor or engineer. Provided however, in no event shall the building containing
such establishment be located closer than two -hundred (200) feet from the property
line of any -church, as measured by any means of measurement.
Jerry Mills made a motion the amendment be approved as read. Elbert Coalson seconded
the motion. Jim Hawkins asked Attorney Camp if a church located within 200 feet,
but in the county, would be protected. Attorney Camp stated it would be protected
under the definition of "distance." Vote on_the=motion,carr.ied by a 6 to 1 vote.
Bill'batby, "Jerry' Mills, `Jim Hawkins, Jack ' Shinall; Elbert• Coalson and•.John. -Steely
Voted for. Jim Tolleson voted against.,
Jim Hawkins said that the City of Smyrna was the only city in our area that re-
quired two attendantsrat a self-service station. He made a motion the Code of
Ordinances be amended as.follows: Be it hereby resolved that the Code or Ordinances
of the City of Smyrna, Georgia be amended by striking Section 10-50 in its entirety
and by substituting in lieu thereof the following, so that the same shall read as
follows:
Section 10-50 - Attendants - Required to be Present.
No person shall operate a self-service motor fuel dispensing pump unless an attendant
is present on the,premises, A cashier housed inside a building is classified as an
attendant.
The motion was seconded by Jack Shinall, which carried by a 7 to 0 vote.
Jim Hawkins made a motion that Section 10-51 of the Code of Ordinances of the City
of Smyrna, Georgia be amended by striking said Section 10-51, subsection (b) and
renumbering subsection (c) to subsection (b) and by substituting in lieu thereof
the following, so that the same shall read as follows:
Section 10-51 - Qualifications and Duties.
(a) The attendant shall be at least eighteen (18) years of age, experienced with
and physically capable of performing the required duties, careful, capable and able
to read and write the English language. He shall be familiar with the provisions
of this article.
(b) The attendant shall supervise, observe and control the dispensing of class 1
liquid which said liquid is being dispensed. It shall be the responsibility of the
attendant to prevent the dispensing of class 1 liquid into portable containers unless
they are metal and properly labeled in accordance with state law, and to immediately
handle accidental spills and fire extinguishers if needed.
Jim Tolleson seconded the motion which carried by a 7 to 0 vote.
Jim Tolleson made a motion that bids be accepted, to be opened at the first meeting
in March, for (1) 30 dozen softballs and (2) 45 dozen softballs. Jerry Mills seconded
the motion. Jim Tolleson explained the need for the two bids. We do not know how
many will sign up to play, and we will need thirty dozen, but could possibly need
forty-five dozen. The motion carried by a 7 to 0 vote.
Jim Tolleson made a motion that bids be accepted for the following:
1 - Fairway Aerator
1 - Commercial Sprayer
1 - Edger -Trimmer
1 - Push Blower
1 - Push Lawn Mower
(Continuation of February 19, 1979 Meeting)
Jim Hawkins seconded the motion. Jim Tolleson explained this equipment is covered in
the Grant which is expected to be approved. If the grant is not approved, bids will
not be requested. Asa Howard,explained the Grant has just been approved and these
items were specifically listed as administrative cost, and we are eligible to receive
them. Asa said we would have to follow their regulations in bidding the Aerator_,
as it is'a�'high-price item and they could require it be --returned to them -at the end
of the project. The motion carried by a 7-0 vote.
Annexation - Mayor Johnson stated we had a request from John and Lamar Dickson that
the -•following described property be annexed into the City of Smyrna:
All that tract or parcel of land lying and being in Land Lot 412 of the 17th District,
2nd Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at a southwesterly side of South Cobb Drive and the northwesterly side
of Smyrna Hill Drive at a point, thence running southwesterly along the right-of-way
of Smyrna Hill Drive for,a distance of 409.8 feet to a point of beginning; thence
running southwesterly along the right-of-way of Smyrna Hill Drive for a distance of
292.66 feet to a point,, and thence running northerly for a distance of 280 feet to
a point;• thence:.running•nor.theasterly. for a distance of 240 feet,to_a point, thence
_running southerly ,for a ,distance of . 112, 6 feet to a point,.: thence running westerly
for a distance of 130 feet to a point, thence running southerly for a distance.of
151.91 feet to the point of Beginning.
John Steely made a motion the above described property be.annexed into the City of
Smyrna and become a part of Ward 7. Jim Hawkins seconded'.the•,,motion which.carried
by a 7 to 0 vote.
Mayor Johnson stated that a majority of Council would be out of town the 5th of
March and another date should be set for the next council meeting. Elbert Coalson
made a motion the first meeting in March be set for March 12, 1979. Jerry Mills
seconded the motion which carried by .a 7 to 0 vote.
Committee Reports - (Civil Defense) Jim Farley reminded everyone of the practice
tornado drill this Thursday and the sirens will be sounded.
(Police) Chief Little thanked everyone for their cooperation and assistance the
last few days during the bad weather.
Jack Shinall asked Mayor Johnson, that in the future on any alcohol ordinance changes,
that he request full Council be present during the discussion so that their input
could be heard before they are written up.
(Inspections) Jim Hawkins asked to meet with the Inspections Committee immediately
after the meeting.
Jim Hawkins stated that even though we have meetings to go over amendments, every
Council member has a right to change his mind and we are obligated by law to vote
in public.
(Streets) Jerry Mills said he needed to hold a Street Committee meeting before
going to Washington.
(Parks) Asa Howard said the Spring brochures were being printed and should be going
out through the school system shortly. The Parks and Recreation Commission meeting
will be February 27th at 7:30 p.m., and also the Smyrna Federated Women's Club donated
75 seedlings to the Parks and Recreation Department to be put out in the different
parks.
John Steely stated he was looking forward to working with Mayor and Council and
thanked the people for electing him.
Mayor Johnson said he did not believe the City of Marietta intended to stop their
drive to annex property in and around Cobb Parkway, more specifically south of Smyrna -
Roswell Road, and he urged everyone to do everything in their power to keep them
out of this area. The need becomes more pressing every day.
Committee appointments: Jim Hawkins - Chairman, Fire Committee
John Steely - Chairman, Inspections Committee
Member, Streets & Sanitation Committee
Member, Parks & Recreation Committee
Member, Public Works & Garage Committee .
Member, Employees Benefits & Insurance Committee
(Continuation of February 19, 1979 Meeting)
There being no further business, the meeting was adjourned at 8:37 p.m.
VAME
xS E. TOLLESON, WARD 1
1
WILLOUISE C. SPIVEY, C CLERK
WILLIAM F. DARBY. WARD 2
/;Uft7 /a/
RY MILL WARIJ 3 JAMES M. HAWKI S, WARD 4
J SHINALL, WARD 5 ELBERT R. COALSON, WARD 6
Al
JOHN STEELY, WARD