03-19-1979 Regular Meeting(Continuation of March 12, 1979 Meeting)
Marietta made a concerted effort through the legislators to get this property in
the City of Marietta and at one time we thought they were going to succeed. Mayor
Johnson said he wanted everyone to know that Al Burruss saved us, with the help of
Senator Joe Thompson, Carl Harrison, Ken Nix and Johnny Isakson, who had said from
the beginning they would not vote for it. The deciding vote depended on two repre-
sentatives, and Al Burruss came through for us. For his firm stand, on behalf of
our city we are certainly thankful.
Announcements: CMA meeting will be tomorrow night at Acworth City Hall, and all
those planning to attend should meet at City Hall at 6:15 p.m. The next council
meeting will be March 19, 1979.
There being no further business, the meeting was adjourned at 8:42 p.m.
March 19, 1979
The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna,
Georgia on March 19, 1979. The meeting was called to order by presiding officer
Mayor Frank B. 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, Fire Chief Don Atkinson, Police Chief R. E. Little, Parks and Recrea-
tion Director Asa Howard, Public Works Director J. E. David, Building Inspector
Len Williams, Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by Councilman John Steely, followed by the pledge to the flag.
No citizens reports.
Continuation of annexation hearing, Ridge Road and South Cobb Drive: Mayor Johnson
asked if any parties so affected were present. Attorney Bob Smith was present,
representing Meurice LeFevre. No other homeowners came forward.
Mr. Smith: He would like to present Mr. Olin, Sherman and George's letter of with-
drawal which had been delivered to him. Also I don't exactly know where to start
but I would like to inquire of the Council what is proposed to happen if the news-
paper reports are anywhere near correct, then the matter as the Mayor was quoted
is null and void. I talked with Mr. Newsom yesterday, I believe it was. He in-
dicated he did not think anything would happen on it. We presented our evidence.
We believe that with the withdrawal, before Mr. Olin, with the withdrawal of the
Potts' that there can't be enough registered voters. It's obvious it is less than
the 60% and we submit that the application fails on that point, and we urge the
Council to dismiss the application because there's no doubt that it can't go through
the way it is. I can speak for Mr. LeFevre and I think most of the other people
represented here that the last thing they want is to have to take any kind of legal
action on this matter. But I must reiterate that they are ready and willing to do
it, but what we can't understand is, with the less than the 60% required, why does
the Council insist on going through with it, if that is what you insist. And I
don't know that it is. It is my understanding there would at least be no action
tonight, and it was my understanding from the newspapers accounts that, if they were
accurate, that the matter was dead. So, I don't know from what point to start my
discussion, so I would like, and Mr. LeFevre would like to know what the plans are
if that's appropriate which we believe it is.
Mayor Johnson: It would appear from the documents that have been presented that
we might in fact not have a valid annexation request. However, we have what we
feel like is evidence and circumstances that might prevail, that might cause us to
pursue. At this point those circumstances would appear that we do not have a
case, and if they stand as presented we would not have the 60% and we would not
have the opportunity to continue our annexation efforts in this particular case.
Now we feel like probably there are some mitigating circumstances that could develop
which would give us the opportunity to pursue, and if those do develop, then we
intend to pursue.
Bob Smith: Well sir, I fully understand that you know that at any time an appli-
cation can be made, but is there going to be any action of this application, for
tonight.
22
(Continuation of March 19, 1979 Meeting)
Mayor Johnson: Not for tonight, we will not be able to proceed, and gentlemen,
I would at this time entertain a motion it be carried forward to our next regular
council meeting.
Jerry Mills made a motion the continuation of the annexation hearing of Ridge Road
and South Cobb Drive be continued on April 2, 1979. Jim Hawkins seconded the
motion which carried by a 7-0 vote.
Mayor Johnson advised Mr. Smith this annexation hearing would be carried over to
the council meeting on April 2, 1979.
Mr. Smith asked if that meant we were carrying the public hearing over to that time.
Mayor Johnson answered, that is correct.
Annexation hearing - C. Lamar Dickson, Smyrna Hill Drive
The annexation request was read as follows:
"We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (60%) of the
owners of the land area by acreage of the area described below, which is un-
incorporated and contiguous to the City of Smyrna, hereby 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, 399; 1976, Pages 1101, 1012; said
property to be annexed being described as follows, to wit:
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 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 northeasterly
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.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record.title holders of the fee simple tiele,
or his legal representative, of 60% of the land area above described by
acreage: s/C. LAMAR & JOHN DICKSON"
Jim Hawkins made a motion the above described property be annexed into the City
of Smyrna and become a part of Ward 7. Jerry Mills seconded the motion which
carried by a 7-0 vote.
Rezoning request - C. Lamar Dickson requested that property located in Land Lot
412 be rezoned from General Commercial to Light Industrial, for the purpose of
building mini warehouses. The Planning and Zoning Board recommended the rezoning
of this property, more particularly described as follows:
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 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 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 northeasterly
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.
Elbert Coalson made a motion the above described property be rezoned from General
Commercial to Light Industrial. John Steely seconded the motion which carried by
a 7-0 vote. There was no opposition to the rezoning.
(Continuation of March 19, 1979 Meeting)
Alcoholic Beverage Pouring License Request - Chec Chapman's Supper Club, 715 (730)
Concord Road - Eleuterio Brocker, applicant.
Mayor Johnson advised this request was tabled at the last council meeting and that
John Steely had made a motion the license be granted. Jerry Mills seconded the
motion. The request was tabled to enable the applicant to secure additional infor-
mation. Mayor Johnson asked for discussion on the motion. Attorney Glen Stinson,
representing the applicant, presented council with a drawing of the layout of the
interior of the building. Mr. Stinson said proof of the correct zoning had been
presented, also the building had been inspected by the Fire Marshal and he did not
think there was anything they had not complied with. He said the parking layout
was on the back of the interior layout. Mr. Stinson referred to Section 8 of the
Alcoholic Beverage Ordinance, and stated they would meet all requirements before
opening. He also stated they were negotiating to get an additional entrance in
the back. John Steely and Elbert Coalson expressed concern about the traffic on
Concord Road. Jim Tolleson said he was going to vote against the request because
of the letter from the Police Department, which read as follows:
"Investigation by this department reflects the following facts;
1) On. August 8, 1978 in a previous application by Mr. T. Jack Hurt it was
reflected that 1000 shares had been issued by the Chec Chapman's Enterprises,
Inc. and that Mr. Hurt held 510 shares of said stock.
2) The applicant, Mr. Eleuterio Brocker, when interviewed on March 5, 1979
stated that he was not aware that any stock had been issued. It appears
to the Reporting Officer that a man that owns 51% of stock in a Corporation
as reported in the application should certainly know whether or not stock had
been issued.
3) Mr. Brocker further stated that he had no money invested in the Corporation
but that he anticipated investing 8 or $9000.00 in the Corporation.
4) Mr. Brocker stated he did not know the name of the attorney who is drawing
the Corporate papers, which fact would tend to cause the Reporting Officer to
have some skepticism as to whether or not he actually knew what was going on.
5) There is no such address as 715 Concord Road in the city of Smyrna, Georgia,
which is the location of the business of the permit applied for. In fact Mr.
Donald L. Hall, the owner of the property in question, has been paying taxes
on same under the address of 730 Concord Road since 1977.
The reporting Officer feels that these discrepancies between facts related
by Mr. Brocker and the paper work reflected in the application are, to say
the least, misleading. s/R. E. LITTLE, CHIEF, SMYRNA POLICE DEPARTMENT"
Mr. Stinson said that it appeared to him, according to the application and ordinance,
the police investigation was a checkout of the moral character of the man, and it
= seemed to him if the worse thing you can find out about a man is that he didn't
�- know the Attorney's name, that he had not invested any money in the corporation at
this time, when he did not know if it would pass the ordinance or not, it seemed to
him you had a pretty good fellow. John Steely stated nothing in the letter would
indicate the applicant violates any ordinances. The motion to approve the license
carried by a 5-2 vote. Bill Darby, Jerry Mills, Jack Shinall, Elbert Coalson and
John Steely voted for. Jim Tolleson and Jim Hawkins voted against the motion.
Variance Request - (tabled on 3/12/79) Richard Paul Reinsch, Jr., 245 Doeskin
Trail requested a variance in order to build a room over an existing drainage ease-
ment. Mr. Reinsch presented a legal document which relieves the City of Smyrna of
any responsibility. The legal document will be recorded at the Cobb County Court-
house and shall be binding upon the heirs or successors and shall also be a covenant
and warranty running with the land. John Steely made a motion the variance be
granted. Jerry Mills seconded the motion which carried by a 7-0 vote.
Mayor Johnson read a letter from Ralph Cowden appealing the decision of Recorder's
Court. .Jack Shinall made a motion the appeal be heard at the next council meeting
on April 2, 1979. Jim Tolleson seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Len Williams and upon his
recommendation the following action is recorded:
(1) Greenforest Unit 7, Subdivision plat. Mr. Williams stated the plans had gone
through the proper channels, had been approved by the City Engineer and the Planning
(Continuation of March 19, 1979 Meeting)
and Zoning Board. Jim Hawkins made a motion the subdivision plat for Unit 7,
Green Forest, be approved. Jim Tolleson seconded the motion which carried by a
7-0 vote.
Ordinance Change - Jim Hawkins made a motion the Code of Ordinances be amended
by adding a Section to read as follows:
"14-10.1 - Classification
There is hereby adopted by the City, for the purpose of uniformity, the latest
addition of the Standard Industrial Classification Manual, published by the
U.S. Government printing office."
Section 14-10.1 Classification to become effective March 20, 1979.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Elbert Coalson reported the problem of muddy water on Glendale Place had been cleared
up. Jack Shinall said they found only about four homes really had a problem. They
dug up the lines and found there was a blockage. After removing the blockage, a
check with the homeowners today found the water clear. Elbert Coalson thanked Jack
and the water department for correcting this problem and said he hoped that if any-
one else had a problem they would let him know.
Committee Reports: (Garage) John Steely stated the Garage Committee had investi-
gated a new policy so that the supervisor of any department, wishing a vehicle
to be repaired, must sign a work order before any work is done on a vehicle. They
realize there will be emergencies, but the work order policy is to schedule work,
and he asked for cooperation.
(Police) Elbert Coalson advised that Chief Clarence Robinson, coordinator of the
March of Dimes, requested a permit for the March of Dimes on Saturday, March 31,
1979. The march will start at Cobb Center to Benson Poole Road, South Cobb Drive
to Concord Road, to Hurt Road where they will leave the City, then return from Marietta
up South Cobb Drive to Cobb Center, the point of beginning. The Smyrna Police Depart-
ment will work with Chief Robinson on that portion of the march which is in Smyrna's
jurisdiction. Elbert Coalson made a motion the parade permit be approved. Jerry
Mills seconded the motion which carried by a 7-0 vote.
Elbert Coalson read a letter requesting a parade permit for the Smyrna Little League,
on April 14, 1979. Parade will start at 11:30 a.m. at the Smyrna Drive -In, south
on Atlanta Road, right on Cherokee Road, left on South Cobb, left on Concord Road
to Legion Drive and Brinkley Park. Elbert Coalson made a motion the parade permit
be granted. Jim Tolleson seconded the motion which carried by a 7-0 vote.
Elbert Coalson read a request by the Smyrna Lions Club to sell White Canes the
7th of April at the intersections of Atlanta Road and Cherokee Road, and Cherokee
Road and South Cobb Drive. Elbert Coalson made a motion the permit be granted.
Jack Shinall seconded the motion. Jack advised all proceeds would go to the C,
Georgia Lighthouse for the Blind. The motion carried by a 7-0 vote.
(Water) Jack Shinall asked Gunter Newsom to give a report on outstanding water
bills in Smyrna. Mr. Newsom said we had a few accounts that were high but that he
was working on them. He said we now have $74,000 outstanding but that includes the
current billing.
(Parks) Jim Tolleson stated that Charlie McCoy was now a member of the Planning and
Zoning Board and also a member of the Planning and Zoning Appeals Board. Jim made
a motion that Charlie McCoy be removed from the Planning and Zoning Appeals Board
and Elizabeth (Sam) Owens be appointed to fill that vacancy. Jim Hawkins seconded
the motion which carried by a 7-0 vote.
Jim Tolleson advised that Super Family Field Day was just that, a super day. Eight
hundred to one thousand people attended. King Springs Park swimming pool will open
to the public on Monday, April 2nd, and the tennis courts will open on April 9th.
The dedication will be Sunday, April 22nd at 2:00 p.m. The Smyrna Community Theatre
will present "Fiddler on the Roof" at the Civic Center on March 29-31.
Mayor Johnson announced that some time ago Senator Joe Thompson was asked if any
funds were available to renovate the Senior Citizens Center at the Church Street
facility. He said he would try and help us get funds and we decided what needed
BUILDING INSPECTOR
I, Marion Len Williams, do solemnly swear that I will well
and truly demean myself as Building Inspector of the City of
Smyrna for the ensuing term, and that I will faithfully en-
force the Charter and Ordinances of said City to the best of
my ability, without fear or favor, and in all my actions as
BUILDING INSPECTOR act as I believe for the best interest of
the said City. So help me God.
�f�r� 470,��„r
Building Inspector (Seal)
Subscribed and sworn to before
me this 5th day of February, 1979.
CITY MARSHAL
I, Marion Len Williams, do solemnly swear that I will well and
truly demean myself as Marshal of the City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without
fear or favor, and in all my actions as MARSHAL act as I
believe for the best interest of the said City. So help me
God.
City Marshal (Seal)
Subscribed and sworn to before
me this 5th day of February, 1979.
CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL CITY ELECTION
2052 REGISTERED
692 VOTING
HELD THIS SATURDAY , FEBRUARY 3, 1979 4 TOTAL NO. VOID BALLOTS
We, the duly appointed election Managers to conduct this election,
declare the following results:
COUNCILMAN WARD #7
E. Y. SMITH
50
JOHN STEELY 343
LINDA WELLS 295
We, therefore certify to the Mayor and Council of the City of
Smyrna, the election of:
COUNCILMAN WARD #7
This candidate' has received a majority of the votes cast.
C . ea& " e -- , , - �, /o A � � -
Chief Manager. Ward #7
Assistant Manager, Ward #7
Since a candidate did not receive a majority of the votes cast, the municipality
must have a runoff election (34A-1407).
A Special Runoff Election shall be held between the two candidates receiving the
highest number of votes on Saturday, February 17, 1979.
SUPERI NDENT OF ELECTION
r
tA,�
(ATTEST)
WILLOUISE SPIVE , CITY ERK
FEBRUARY 5,, 1979 (DATE)
(Continuation of March 19, 1979 Meeting)
to be done and filled out an application. Mayor Johnson announced that we have,
already approved in the State budget, Department of Natural Resources, $120,000
for this project. This will really be an asset to our city, not only to the Senior
Citizens and youth, but this will be the first community meeting place we have ever
had. With $120,000, it can be made one of the nicest facilities around. He ad-
vised that Representative Joe Mack Wilson was one of our very strong supporters on
the House side. The announcement will be made to our Senior Citizens this coming
Friday week in a formal presentation at the facility. Mayor Johnson thanked every-
one who worked on the project and said he was delighted to be able to make this
announcement.
The Jonquil Breakfast is Wednesday morning at 8:00 a.m. at Fair's Restaurant.
Next meeting will be the annexation hearings on March 28th. Next regular council
meeting will be April 2, 1979.
There being no further business, the meeting was adjourned at 8:14 p.m.
March 28, 1979
The Special meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia
on March 28, 1979. The meeting was called to order by presiding officer Mayor
Frank B. 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 and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
J Public Hearing - Annexation of property owned by Don and W. S. Caswell, located
on Pat Mell Road in Land Lot 301
The annexation request was read as follows:
"We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (60%) of the
owners of the land area by acreage of the area described below, which is un-
incorporated and contiguous to the City of Smyrna, hereby 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, 399; 1976, Pages 1101, 1012; said property to be
annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 301 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
BEGINNING at the intersection of the westerly side of South Cobb Drive and
the southerly side of'Pat Mell Road, thence running in a westerly direction
for a distance of 827 feet to a point of beginning and thence running south-
erly for a distance of 386.4 feet to a point, thence running southwesterly
along the center line of said creek for a distance of 172.10 feet to a point,
and thence northerly for a distance of 415 feet to a point, thence easterly
for a distance of 161 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or
his legal representative, of 60% of the land area above described by acreage:
s/DON CASWELL s/W. S. CASWELL"
There was no opposition to the annexation and Mayor Johnson called for a motion.
Jack Shinall made a motion the above described property be annexed into the City of
Smyrna and be a part of Ward 6. Elbert Coalson seconded the motion which carried
by a 7-0 vote.
Public Hearing,.- Annexation of property owned by Bernard Halpern, located at the
intersection of King Springs Road and South Cobb Drive in Land Lot 528