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05-07-1979 Regular MeetingMay 7, 1979 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 7, 1979.at the City Hall, Smyrna, Georgia. The meeting was called to order by pre- siding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present except Jerry Mills, who was in the hospital. 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 & Recreation Director Asa Howard, Public Works Director Jim David, Building Inspector Len Williams, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Citizens_ Reports (1) Bill MacKenna thanked Mayor and Council and the City of Smyrna for the Work they did in the road .race last year, and especially the Smyrna Police and Parks and Recreation Department. Elbert Coalson read a letter addressed to Chief Little from. Mr. MacKenna on behalf of the Atlanta Track Club requesting a permit to host a one -mile road race and 10,000 meter race in the City of Smyrna on May 19, 1979. The races will begin at 8:45 a.m. and 9:00-a.m. respectively at the parking lot of First Bank & Trust. Elbert Coalson made a motion the request be granted. Jim Tolleson seconded the motion Which carried by a 6-0 vote. Mayor Johnson thanked Mr. MacKenna for his kind remarks and for his involvement. (2) Craig Davis from Sigma Phi Epsilon at Southern Tech requested permission to sell donuts on city street corners every Friday from 6:00 to 9:00 a.m. during the rest of the month of May. Money raised will be used to increase membership in the fraternity during the Fall quarter, in an effort to obtain a charter. Elbert Coalson made a motion this request be granted subject to Police Department notification and approval. John Steely seconded the motion which carried 6-0. (3) Laureen Chapman, 547 Powder Springs Street complained about the vacant Pressley property located behind Fair's Restaurant which used to be a golf driving range, being covered with debris and being used. for a dump. .Also, the ditch on Powder Springs Street which follows through that property has been neglected and rats had been coming into her yard and her neighbors yard. She requested that something be done about the ditch and the vacant property. She also stated they had a drainage problem from the ditch, creating mosquitoes in. the summer from stagnant water. Jim David was asked to check into this problem and report back to Jack Shinall. (4) Mrs. Davis, Ventura Place, expressed her appreciation to the City for the work that had been done to correct a drainage problem at her home. t Show Cause Hearing - Violation of Section 3-67(d) - William H. Carson, Minit Chek Market, 2995 Atlanta Road. Mr. William H. Carson was present and stated he was associated with Minit Chek Foods. Mayor Johnson stated That an employee at Minit Chek Market had been found guilty of selling beer on an election day and paid a fine in Recorder's Court. The purposa of Mr. Carson being present at this meeting tonight was to snow cause as to why his beer and wine privilege license shoulE not be permanently revoked. Mr. Carson stated he had not had any active connection with this establishment for several months, as he had. been ill . The employee charged with selling beer stated to Mr. Carson that he did not know it was an election day and Mr. Carson had no reason to disbelieve him. He stated he had no excuse for his employees' actions and had no further statement to make. ji.m Hawkins made a motion the license be suspended for two weeks, effective to- night and be reinstated on May 21, 1979. Also, that the license.be placed on probation for a. period of one year. Jim Tolleson seconded the motion which carried by a 6-0 vote. Show Cause Hearing - Violation of Section 3-67(d) - Eva Smith Langley, Golden Gallon, 2254 Atlanta Road. Attorney John Moore represented Ms. Langley.and Golden Gallon. Mayor Johnson explained that the purpose of this hearing was to show cause as to why.the beer and wine license for the Golden Gallon should not be revoked. An employee of the Golden Gallon store had been found guilty in Recorder's Court of selling beer on an. election day. Attorney Moore stated this was a first offense for Golden Gallon and Ms. Langley concerning this particular situation. Mr. Hutchins, the employee, had already paid a $100 fine in court and Attorney Moore felt there were extenuating circumstances, as this was a school bond election and a formal complaint had not been filed by a citizen of the City. He stated he felt the license suspension from April 27th until the present was sufficient for the offense in this particular case, and requested Council to rein- state the license, as of tonight,. for the sale of beer. Following discussion., Elbert Coalson made a, motion the suspension of license be lifted as of tonight. Jack Shinall seconded the motion which failed by a 2-4 vote. Jack Shinall and Elbert Coalson voted for. Jim Tolleson, Jim Hawkins, Bill Darby and John Steely voted against. Jim Hawkins made a motion the package license -for the Golden Gallon be suspended until:May 21, 1979 and the license be placed on probation fora period of .one year. John Steely seconded the mot4_on which carried-bv a 6-0 vote. Show Cause Hes.ring - Violation of Section 3-67(d) - Chol Ki Min, Smyrna Market, 3350 South Cobb Drive. Mr. Min was present and Mayor Johnson explained that an employee (Continuation of May 7, 1979 Meeting) of the store had been found guilty of selling beer on an election day, March 27, 1979 and had paid a fine in Recorder's Court. The purpose of this meeting was to show cause why the privilege license should not be permanently revoked. Mr. Min stated that his son was in the store on this particular day and had sold beer, not knowing it was an election day. Jack Shinall asked Mr. Min if he was familiar with our ordinances. Mr. Min stated he was familiar with most of them, but not completely. Mr. Min's son testified that he recognized the detectives when they came into the store and he sold the beer to them without hesitation because he did not know it was an election day. In the past, the City had always notified him in writing when an election day was approaching and he had not been notified this time, or he would not have sold the beer. David Chi, Minister of the Korean Church testified on behalf of Mr. Min. He stated that Mr. Min was under the impression that he would receive written notice of every election day. He asked Mayor and Council to try and understand his situation, that he was in the learning process of American culture. He stated Mr. Min had a trustful mind in selling the beer as he believed the police officers were here to preserve the law. In Korea, the government never tested their people, they lead the people. Lt. David Farmer testified he was present at the time the citations were issued. He instructed Detective Danny Drake to make the purchases, and furnished him with the money. They had gone to every store holding a package license that was open that day, and were unsuccessful in purchasing beer at all but the three locations which were cited. He stated they had received a request from the State Revenue office to assist them; they were making buys throughout the county. The City of Marietta was also attempting to make buys, as was the Cobb County Police Department. Jim Hawkins made a motion the beer and wine license for Smyrna Market, 3350 South Cobb Drive, be permanently revoked. Motion was seconded by Jack Shinall. Jim Hawkins read a letter dated June 30, 1978 from the City Clerk to Chief R. E. Little, advising him that the beer and wine license for the Smyrna Market had been placed on probation for a period of one year, by Mayor and Council action at their regular meeting on June 19, 1978. The letter stated that probation would be lifted after one year, provided no further charges or violations were made against him. Vote on the motion carried by a 6-0 vote. Request for annexation - Neal R. Littman requested annexation of approximately 16 acres located in Land Lots 601 and 602. The 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 unincorporated 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 Lots 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, all as more particularly des- cribed in plat of survey prepared by Trenholm Baker, R.L.S., dated September 22, 1978, for Louis S. Belinfante, et al, recorded in Plat Book 72, Page 28, Cobb County, Georgia Records; less and except. All that tract or parcel of land lying and being in Land Lots 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, being .70 acres, more parti- cularly described in plat of survey prepared by Trenholm Baker, P.A., dated November 29, 1978, for Seymour 0. Solodar and Patricia 0. Solodar, recorded in Deed Book 1960, Page 382, Cobb County Records, and being a part of the property recorded in Plat Book 78, Page 28, Cobb County Records, to which plats reference is made for a more complete description. 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 66% of the land area above described by acreage: s/LOUIS S. BELINFANTE s/PAUL STEVEN CUTLER s/NEAL R. LITTMAN" There was no opposition to the annexation. Jack Shinall made a motion this property be annexed into the City of Smyrna to become a part of Ward 2. Bill Darby seconded the motion which carried by a 6-0 vote. Request for Rezoning - Neal R. Littman requested property located in Land Lots 601 and 602 which was just annexed, be rezoned from R-20 to 0 & I. The application for rezoning was read as follows: "The petition of Neal R. Littman, Paul S. Cutler and Louis S. Belinfante, owners, hereby makes application to rezone from R-20 to 0&I, the following described property: All that tract or parcel of land lying and being in Land Lots 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, all as more particularly described in plat of survey prepared by Trenholm Baker, R.L.S., dated September 22, (Continuation of May 7, 1979 Meeting) 1978, for Louis S. Belinfante, et al, recorded in Plat Book 72, Page 28, Cobb County Records; less and except. All that tract or parcel of land lying and being in Land Lots 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, being .70 acres, more parti- cularly described in plat of survey prepared by Trenhoim Baker, P.A., dated November 29, 1978, for Seymour 0. Solodar and Patricia 0. Solodar, recorded in Deed Book 1960, Page 382, Cobb County Records, and being a part of the property' recorded in Plat Book 78, Page 28, Cobb County Records, to which plats reference is made for a more complete description." The Planning and Zoning Board had unanimously recommended rezoning of this property, to be used for an office complex. There was no opposition to the rezoning. Bill Darby made a motion the above described property be rezoned from R-20 to 0 & I. Jack Shinall seconded the motion which carried by a 6-0 vote. Mayor Johnson recognized Sheriff Bill Hutson who was present in the audience. Jim Tolleson reported the Insurance Committee had met on April 25th to review proposals which had been received for workmans compensation and liability insurance. Report on the proposals was read as follows: Work:mans Comp. Liability Bob Murray $45,504 Bob Fowler 49,150 $74,284 Earl Styes 45,503 92,824 Jess Merritt 3,789 (buildings only) Jim Tolleson made a'motion the liability insurance be awarded to Bob Fowler, Insurance Company of North America and the workmans compensation insurance be awarded to Earl Styes, Cumberland Insurance. Jim Hawkins seconded the motion which carried 6-0. Commercial building permits were.presented by Len Williams and upon his recommendation the following action is recorded: w ' � " (1) Nancy Puffe requested a permit to.remodel the building at 2784 Atlanta Street. Plans had been approved by the Fire Marshal. John Steely made a motion the permit be approved. Jim Hawkins seconded the motion which carried 6-0. (2) Plumtree Apartments, 1948 Cobb Parkway, requested a building permit to repair fire damage to the'apartments. Plans had been approved by the Fire Marshal. Jim Tolleson moved the permit be granted. Bill Darby seconded the motion which carried 6-0. (3) Trust Company Bank, 3379 South Cobb Drive requested a building permit to construct a drive-in window. Plans had been approved by the Fire Marshal. Elbert Coalson made a motion the permit be granted. `Jack Shinall seconded the motion which carried by -a 6-0 vote. (4). Amteere Corporation, 2122 (D-3) South Cobb Drive requested a building permit to remodel a portion of the building -occupied by Pearl Optical. Motion was made by Elbert Coalson to approve the permit, subject to approval by the Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. John Steely reporting on bids which were opened last council meeting for a new dump truck for the Street Department, had been awarded to Peach State Ford, being the low bidder. Jim Hawkins made a motion the minutes from April 2, 1979 be approved as submitted. Elbert Coalson seconded the motion which carried 6-0.' Elbert Coalson made a motion the minutes from April 16, 1979 be approved as submitted. John Steely seconded the motion which carried 6-0. Jim Hawkins made a motion the mintues from April 17, 1979 be approved as submitted. Bill Darby seconded the motion which carried 6-0. John.Steely requested approval for the erection bf "no dumping" signs, one.at the intersection o.f"Concord Road at Havilon Way and the other at -Concord -Road at Wood Valley Drive. Residents in that area have been complaining about trash being dumped at these locations. John Steely made a motion these signs be approved. Jim Hawkins seconded the motion which carried 6-0. Jim Hawkins made a motion that "no parking" signs be erected on Hunter. Street, north of Brinkley Park. Cars parking in that area have been blocking a citizens driveway and he requested this action be taken. John Steely seconded the motion which carried by a 6-0 vote. (Continuation of May 7, 1979 Meeting) Jack Shinall made a motion that Sanford Place be changed to a one-way street going north, during baseball season, to end on August 15, 1979. Jim Hawkins seconded the motion which carried 6-0. Committee Reports - (Sanitation) John Steely reported the City was running low on garbage can liners and made a motion that 100 liners be ordered, at a cost of $7.50 ` each. Jack Shinall seconded the motion which carried 6-0. 1 / (Streets) John Steely reported the Street Department was still behind in their work as a result of flooding and asked everyone to be patient until they could take care of all these problems. (Police) Elbert Coalson read a letter from Police Chief Everett Little requesting new police cars. Elbert Coalson made a motion bids be requested for five (5) new police cars. Jim Hawkins seconded the motion. Chief Little stated they were going to smaller cars this time. After discussion, vote on the motion to accept bids carried by a 6-0 vote. Elbert Coalson made a motion that $200.00 be approved to cover the cost of Civil Defense expenses during the Annual Raft Race. Jim Tolleson seconded the motion which carried by a 6-0 vote. Jim Tolleson made a motion the Personnel Rules and Regulations of the City of Smyrna, Chapter X, Section 10, Civil Leave, be amended by striking the seconded sentence: "If such employee received payment for services, he shall be required to endorse such payment over to the City or to have an equivalent deduction made from his regular rate of pay." John Steely seconded the motion which carried by a 6-0 vote. Asa Howard reported the following activities in the Parks and Recreation Department: May 12th - Smyrna Girls Softball Opening Day Parade May 16th - 3-6 Year Track Meet, King Springs Park May 19th - Jonquil Festival One -Mile Novice & 10,000 Meter Road Race May 20th - Georgia Recreation & Park Society's Braves Game Mayor Johnson reminded everyone of the CMA monthly meeting on May 8th, the Chamber of Commerce Public Officials Appreciation Barbecue at Six Flags on May 15th and the next Council meeting on May 21, 1979. There being no further business, the meeting was adjourned at 8:50 p.m. May 14, 1979 The Special Called meeting of Mayor and Council was held May 14, 1979 at City Hall, Smyrna, Georgia, for the purpose of approving a building permit for a warehouse at 3075 Jonquil Drive, Plantation Lighting. The meeting was called to order by pre- siding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present except Bill Darby who was out of the City. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Building Inspector Len Williams, Parks and Recreation Director Asa Howard and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Mayor Johnson stated that Dave Caplan, owner of Plantation Lighting, was in the process of building another warehouse and his contractor had failed to get the permit. He is ready to begin the $90,000 project and needs a permit immediately. Building Inspector Len Williams stated the application had been filled out, the plans checked and approved by the Inspection Department and the Fire Department and he recommended the permit be approved. Jerry Mills made a motion the building permit be granted. John Steely seconded the motion which carried by a 6-0 vote. Jim Tolleson made a motion that the rules be suspended to allow Council to consider the validation of signatures on the annexation request of Post Properties. Jerry Mills seconded the motion which carried by a 6-0 vote. The application for annexation was read as follows: A copy of the legal description of said property being attached to said application and made a part hereof by reference, and being certain parcels of land in Land Lots 665, 705, 705, 706, 707, 708, 734, 735, 736, 737, 779, 780, 805, 806, 781, 804, 850, 851, 875, 876, 877, 666 and 733, 17th District, 2nd Section, Cobb County, Georgia; a more complete legal being filed with the City in the office of the City Clerk, City of Smyrna and available for inspection during regular business hours and said description being hereby spread upon the minutes of this meeting.