11-06-1978 Regular Meeting (2)November 6, 1978
The regular scheduled meeting of Mayor and Council was held, pursuant to the Charter,
on November 6, 1978 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 Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don
Atkinson, Parks and Recreation Director Asa Howard, Public Works Director James E.
David, Civil Defense Director Jim Farley, Building Inspector John Steely and repre-
sentatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
Citizens Reports: (1) Harvey„Ni:x:.stated he bought a house at 2344 Old Spring Road
and sold it within a few days.,',;Th e',new owners applied for and received water service.
About two montl-s later the water-tw' bs'',?cut off. at this address because there was a
delinquent bill_from.the previous owner.. Mr. Nix stated he paid the delinquent bill,
even though it was not his, and recommended that in the future we collect a delinquent
bill before water service is given a new owner. Mr. Nix was advised our policy is to
collect any delinquent bill before water is turned on, and evidently there was some
mixup on this particular -;.account. Finance Director Gunter Newsom is to check into
this problem and contact Mr... Nix.
(2) Lamar Dickson stated he was here tonight to request more police protection at
the car wash at Dickson'Shopping Center. He said bottles were being broken, vacuum
lines cut and pulled down by vandals. Police Chief Little stated that his department
would work on this case and he felt they could stop it.
Bid opening: Only one bid was received for material to renovate the tennis courts.
It was opened, read and is recorded as follows:
Chevron U.S.A. Inc.:
Chevron Laykold Tennis Court Binder - 3 or 4 52-gal. drums -$1.45 per gallon
Chevron Laykold Resurfacer - Black - 15 to 20 52-gal. drums- 2.25 per gallon
Chevron Laykold Colorcoat 200 - 20 to'24 28-gal. drums- 5.20 per gallon
Chevron Laykold Colorcoat 100 - 3 to 4 52-gal.. drums - 5.20 per gallon
Heavy duty squeeges - 30 inch - 4 each-$35.00 each.
Jim Tolleson made a motion the bid be turned over to the Parks Committee with
authority to act. Bill Darby seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector John Steely and upon his
recommendation the following action is recorded:
(1) Mrs. Nancy B. Bowden of 915 Cherokee Trail requested a side yard variance in
order to build a double carport within 4' of the property line. The adjoining
property owners, Dura P. Head and Milton Head, had signed an affidavit stating they
had no objection to the carport being built to within 4 feet of their property line.
Elbert Coalson made a motion the variance be granted. Jerry Mills seconded the
motion which carried by a 7-0 vote.
(2) Don and Teresa Lawsen requested a building permit to completely remodel property
located at 1358 Hawthorne Avenue. Elbert Coalson made a motion the permit be
approved. Jim Tolleson seconded the motion which carried by a 7-0 vote.
(3) Del Taco Company requested a permit to build at 3811 South Cobb Drive at an
estimated cost of $125,000. Jack Shinall made a motion the permit be granted.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
(4) Southern Bell Company requested a permit to remodel their office located at
1369 Spring Street, at an estimated cost of $191,000. Jim Hawkins made a motion
the permit be approved. Jack Shinall seconded the motion which carried by a 6-1
vote. Jim Tolleson abstained. Mr. Hays of McDonough Construction Company, con-
tractor for the remodeling job, stated that he was not advised of the plan checking
fee when he called and got the cost of the permit. He felt he should have been
advised of this fee in order for him to include the cost in his bid.
(5) Cobb County Board of Education requested a permit to build an addition onto
Campbell High School Band Room. Jerry Mills made a motion the application be
approved subject to the building permit being issued. Jim Tolleson seconded the
motion which carried by a 7-0 vote.
Jerry Mills stated he had contacted the Stephens Woods Apartment complex owners about'
a quitclaim deed on a strip of property adjoining 954 Stephens Street, which is owned
(Continuation of November 6, 1978 Meeting)
by Mr. James Cash. The apartment -owners agreed to quitclaim the property to the
City of Smyrna and Jerry Mills read the Modification Agreement between Stephens
Woods Associates, a limited partnership, and Metropolitan Savings Bank amending the
original Security Deed by excluding the following:
All that tract or parcel of land lying and being in Land Lot 450, l7th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
BEGINNING at a point located on the right of way of the southern side
of Stephens Street 501.1 feet easterly from the intersection of Church
Street and Stephens Street; thence north 0 degrees 34 minutes 48
seconds west a distance of 4.83 feet; thence south 87 degrees 45 minutes
east along the right of way of Stephens Street a distance of 39.43
feet; thence south 6 degrees 21 minutes 30 seconds west a distance of
160.70 feet; thence south 68 degrees 55 minutes west a distance of
21.32 feet; thence north 0 degrees 34 minutes 48 seconds west a distance
of 168.93 feet to the point of beginning.
Jerry Mills made a motion the quitclaim deed on the above described property, made
to the City of Smyrna be accepted. Bill Darby seconded the motion which carried
by a 7-0 vote. Jerry Mills made a motion the City of Smyrna quitclaim the above
described property to James Cash, owner of 954 Stephens Street. Elbert Coalson
seconded the motion which carried by a 7-0 vote. James Cash is to pay all attorney
fees.
Ordinance Changes: (1) Jerry Mills made a motion that Section 3.67(c) of the Code
of Ordinances be deleted in its entirety and in lieu thereof a new Section 3.67(c)
be added as follows:
"Wholesalers. Business hours of any wholesaler licensed hereunder shall
be limited to the hours from sunup to 9 o'clock p.m., exclusive of Sunday.
No wholesaler shall open on Sunday."
Jack Shinall seconded the motion which carried by a 7-0 vote.
(2) Jerry Mills made a motion that Section 3-31 of the Code of Ordinances be amended
to read as follows:
"No license shall be issued hereunder for the sale of spirituous liquors
where the place of business of the applicant is located within a distance
of six hundred (600) feet of a library, church or school, said distance
to be measured from front door to front door by the nearest means of travel,
and within a distance of six hundred (600) feet of any public park, said
distance to be measured from the front door to property line by the nearest
means of travel. A map showing distances and locations must be furnished
by a registered surveyor or. engineer. Provided, however, that after
February 7, 1977, in no event shall a building containing such establish-
ment be located closer than two hundred (200) feet from the property line
of any church or school, as measured by any means of measurement, and also
provided that this provision shall not apply to renewal of licenses granted
prior to February 7, 1977. Schools referred to herein shall include only
such state, county, city, church or other schools or colleges 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."
Jack Shinall seconded the motion which carried by a 7-0 vote.
Jerry Mills stated we were .in need of 500 garbage can liners and made a motion we
bid along with the City of Moultrie for these liners. Bill Darby seconded the
motion which carried by a 7-0 vote.
Jerry Mills made a motion that once these bids are received, the committee be allowed
to approve or reject the bid. Rem Bennett seconded the motion which carried by a
7-0 vote.
Elbert Coalson made a motion the minutes of October 2, 1978 be approved as sub-
mitted. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Jim Hawkins made a motion the minutes of October 16, 1978 be approved as sub-
mitted.. Jim Tolleson seconded the motion which carried by a 7-0 vote.
(Continuation of November 6, 1978 Meeting)
Committee Reports: (Parks) Jim Tolleson asked Parks and Recreation Director Asa
Howard to give the report. Asa reported the Georgia Recreational Park Society's
1978 Lay Award will be presented to Councilman Jim Tolleson on November 8, 1978 at
the GRPS Awards Banquet. The Christmas tree lighting will be December 12th.
(Finance) Bill Darby reported the estimated 1978 tax bills have been mailed. He
also stated the $200,000 loan with Commercial Bank was due and made a motion it be
renewed, to be due and,payable December 31, 1978. Jerry Mills seconded the motion
which carried by a 7-0 vote.
(Streets) Jerry Mills reported he had met with Commissioner Ernest Barrett with
reference to the paving of 21 streets. Mr. Barrett is to get back in touch within
a week and a decision will be made.
Jerry Mills read a Resolution calling for a proposed amendment allowing the City of
Smyrna to increase its ad valorem property tax homestead exemption for qualified
senior citizens. The Resolution reads as follows:
BE IT HEREBY RESOLVED that the Mayor and Council of the City of Smyrna
request that the Cobb County Delegation to the Georgia General Assembly
introduce and support the following proposed amendment to the Constitution
of the State of Georgia; said proposed amendment allowing the City of Smyrna
to increase its ad valorem property tax homestead exemption for property
owners who are at least 65 years of age and have been residents of Smyrna
for three (3) years, from $2,500 to $4,000;
Said proposed amendment to read as follows:
Section 1. Article VII, Section 1, Paragraph IV of the Constitution of
the State of Georgia is hereby amended by striking therefrom the following:
"The Mayor and Council of the City of Smyrna shall be authorized to
exempt from taxation by the City of Smyrna, for the year 1972 and sub-
sequent years, except for school purposes and to pay interest on and retire
bonded indebtedness, the homestead of each resident of the City of Smyrna
actually occupied by the owner as a residence and homestead, and so long
as actually occupied by the owner primarily as such, but not to exceed $2,500
of its value, provided said owner is at least sixty-five (65) years of age
and has been a resident of the City of Smyrna for a period of not less than
three (3) years at the time of application by said owner for such exemption."
and inserting in lieu thereof the following:
"The Mayor and Council of the City of Smyrna shall be authorized to
exempt up to the first $4,000.00 in value from ad valorem property taxation
by the City of Smyrna, except for school purposes and to pay interest on and
to retire bonded indebtedness, on the homestead of each resident of the
City of Smyrna who is 65 years of age or older and who has resided within the
City of Smyrna for a period of not less than three (3) years at the time of
application by said owner for such exemption, so long as the homestead is
actually occupied by the owner as a residence and homestead, for the year
1980 and subsequent years.
Section 2. The above proposed amendment to the Constitution shall be pub-
lished and submitted as provided in Article XIII, Section I, Paragraph 1 of
the Constitution of Georgia of 1945 as amended.
The ballot submitting the above proposed amendment shall have written
or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the
Mayor and Council of the City of Smyrna to exempt from
certain ad valorem taxes an amount not to exceed $4,000
NO ( ) of the value of the homestead of certain residents of the
City of Smyrna who are at least 65 years of age and who
have been residents of the City for a period of not less
than three years?"
All persons desiring to vote in favor of ratifying the proposed amend-
ment shall vote "Yes." All persons desiring to vote against ratifying the
proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of
the Constitution, it shall become a part of the Constitution of this State.
(Continuation of November 6, 1978 Meeting)
A motion was made by Jerry Mills to approve the Resolution as read. Jack Shinall
seconded the motion which carried by a 7-0 vote.
(Fire) Fire Chief Don Atkinson reported that due to the dry weather, no fire
burning permits were being issued. He asked that anyone seeing a trash fire, please
notify the Fire Department.
(Water) Jim David reported the permit to install the fire plug on South Cobb Drive
was submitted to the State last week.
(Civil Defense) Jim Farley reported the Dodge rescue truck is now in service;
also a nuclear mock attack exercise would be held on December 5th.
Elbert Coalson reported automobile tags would be sold from the Smyrna City Hall,
from 9:00 a.m. until 5:00 p.m., on January-8th, 9th and loth; February 5th, 6th
and 7th; and March-9th.
Mayor Johnson announced new committee assignments for the Fire and Inspections
Department. New committee members are as follows:
Fire Rem Bennett,' Chairman
Jack Shinall
Jim Hawkins
Inspections Jim Hawkins, Chairman
Bill Darby
Jim Tolleson
There being no further business, meeting was adjourned at 8:35 p.m.
November 20, 1978
The regular scheduled meeting of Mayor and Council was held on November 20, 1978
at City Hall, Smyrna, Georgia. 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, Police Captain John Young, Fire Chief Don Atkinson, Parks and Recrea-
tion Director Asa Howard, Director of Public Works James David, Civil Defense Direc-
tor Jim Farley, Building Inspector John Steely and representatives of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the
flag.
There were no citizen reports.
Commercial building permits were submitted by Inspector John Steely and upon his
recommendation the following action is recorded:
(1) Rhodes Realty requested a permit to remodel a section of the Smyrna Medical
Building, located_at 3903.South Cobb Drive, to allow for more office space. Plans
hacf been approved by .the Fire Bureau. Jack Shinall made a motion the -permit be
_ granted. Jerry Mills seconded the motion which carried by a 7-0 vote.
Ordinance Amendment: Jim Hawkins, in referring to Article 11, Building Code, Section
-20 of our Code of Ordinances, pointed out the City operated under the Standard
Building Code,. latest edition, promulgated,by'the`S6uthiern Suildi'ng Code Congress.
Section 106.2 of this Code is "Contractors License and Bond Required." This section
needs to be amended, calling out the amount of bond required by the City of Smyrna.
Jim made a motion this be done by amending our Code of Ordinance by adding Section
6-20.2 as follows:
Section 6'=20.2 - Contractors License and Bond Required -
Section 106.2 - Southern Building Code)
"it shall be the duty of every contractor or builder, who shall make contracts for C_
the erection or construction or repair of buildings for which a permit is required,