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March 18, 1985 Council Meeting March 18, 1985 The regular scheduled meeting of' Mayor and Council was held March 18, 1985 at City Hall. The meeting was called t;o order at 7: 30 0' clock p.m. by presiding of':ficer Mayor Protem Jim Hawkins. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief' H. E. Little, Assistant Fire Chief' Hubert Cochran, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Dameron, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of' the press. Invocation was given by Hugh Ragan, f'ollowed by the pledge to the flag. Jim HaWkins said that Mayor Bacon has had some a speedy recovery. Jim also welcomed Bob Davis, 1 who was sworn in on March 7th. personal the new sickness and wished council member from him Ward Citizens Reports: Bob Burke, a resident of' Deerwood SUbdivision stated his son Shawl;i went to Recorder's Court on March 7th and was assessed a $45 f'ine f'or a minor traf'fic violation. He was not aware that the :fine had to be paid in cash al;id did not have the money with him. He requested permission to leave for a short period of' time to get the mOl;iey and was denied. Mr. Burke said his son was locked up in the corridor until he could bril;ig the money to pay the fine. He felt this was wrong and suggested the City accept checks f'or f'ines and also notify individuals ahead of' time that f'ines must be paid in cash. Mr. Burke also suggested that an Avail machine be placed i!). City Hall f'or cash withdrawals. Jim Hawkins said they would take his suggestions under advisement and appreciated him coming tonight. Hugh Hagan said he had already spoken with Mr. Burke about this matter and thought he had some excellent suggestions. Hugh said he would also like to discuss this f'urther with Chief' Little. Max Bacol;i said several months ago we placed a moratorium on mul ti-f'amily zonings and since that time i!).f'ormation f'rom several di:t'f'ere:nt sources has been gathered. Paul Griggs with Hensley-Schmidt said that in working on the Future Land Use plan there were several items in the City's zoning ordinance that has come to their attel;itio!). problem areas. His f'irm could accomplish a study concerning the multi-f'amily zonings in 2 to 3 weeks and they would attempt to coincide this with the Future Land Use plan. Max Bacon made a motion the Mayor be authorized to sign an agreement with Hensley-Schmidt to complete the study on mul ti-f'amily zonings. Jack Shinall seconded the motion which carried 6-0. Moratorium: 1st to lift be extel:'lded carried 6-0. Max Bacon said he did not thil;ik the the moratorium o!). mul ti-1'amily zonings to tffe :t'irst meeting in June. Kathy study would be complete by Aprj_l and made a motion the moratorium Brooks seconded the motion which Rezoning: Edward W. Cox requested rezoning of' 959 Concord Road :from Residential to Limited Commercial. There was no opposition from the audience. Mr. Cox said his wif'e had been a beautician for the past 8 years and they would like to open a shop at this location. Max Bacon asked Mr. Cox about burf'er requirements and he stated he was not aware of' any but would be glad to do whatever was required. However, he was f'amiliar with the guidelines established by the zoning o:f:fice concerning paving, signs, etc., and would have paved parking in f'ront and back. Max Bacol:'l made a motion that 959 Concord Road located in Land Lot 452 of' the l7th District, 2nd Section being Lot 5, Block A of' the subdivision of' Smyrna Heights Annex according to plat recorded in plat book 9, page 198, be zoned to Limited Commercial, with the stipulation that a wooden f'ence be erected along the rear of the property. Attorney Camp said that the existing building does not meet setback requirements, any new structure built on the property would have to meet existing requiremel;its. Mr. Cox said he had no intention of' adding onto the building at any time. James Williams seconded the motion which carried 6-0. Privile e Lee Glen Matthews requested a liquor, beer and wine pouring license and Cuisine Enterprises, Inc. d/b/a Papa's Bar and Restaurant at 2401 Lake Park Drive. There was no opposition f'rom the audience. Mr. Mathews said the restaurant was at the new Park Centre building containing 10,000 square f'eet with a delicatessen, restaurant and bar. They are presently licensed in Fulton County. Kathy Brooks made a motion the license be approved. Jack Shinall seconded the motiOn which carried 6-0. Privilege License: for Del Taco #3030 Michael at 3811 S. Jacobs requested a beer South Cobb Drive. There was and no wine pouring license opposition f'rom the March 18, 1985 - Continued audience. Kathy Brooks stated this license request was denied one year ago and asked if' any changes had been made since that time; i. e. the drive-through window and minors on the premises. Mr. Jacobs said that Section 3-64 of' our ordinance has a provision which allows minors on the premises of' a restaurant. Also, Del Taco does not have a restaurant that sells through the drive-thru window, nor do they plan to. Mr. Jacobs said that 30 of' their 6l restaurants served beer and wine with their f"ood and this was the only time they have been del':lied. Mr. Jacobs said he f'elt there is a det'inite market f'or beer and wine but it only amounts to approximately 2% of' their sales. Attorl:'ley Camp said it appears they would qualif'y as a restaurant as def'ined in the Code by meeting the seating capacity and the 60% f'ood sales required. Kathy Brooks said that even though the location meets the distance requirements, the close proximity o:f the two schools in the area bothered her. Kathy asked about the age of' his employees and Mr. Jacobs said the maj ority of' them are 19 or over and they could provide those under age with an opportunity to transf'er to another restaurant which would be closer to their home. Kathy Brooks said she still had some concern :further discussion made a motion the license the license will be automatically revoked upon through the drive-thru window. James Williams 4-2, with Max Bacon and Hugh Ragan opposed. about the drive-thru window and af'ter be granted with the stipulation that any knowledge of' beer or wine sales seconded the motion which carried Jim Hawkins recognized Cobb Commission Chairman Earl Smith and Sherif'f' Bill Hutson. Mr. Smith asked f'or council's support of' a resolution :for the April 2nd ref'erendum on the 1% local option sales tax increase. Mr. Smith said the tax increase will be in ef't'ect f'or 4 years if' approved, and the money will be used strictly f"or roads, bridges, right of' ways, etc. Max Bacon said this was the most equitable way to raise money f'or road improvements, which is badly needed. Max said he had also seen the list of' streets involved, and Smyrna will get their f'air share. Max Bacon made a motioIl the rules be suspended to approve a resolution. Hugh Ragal;i seconded the motion which carried 6-0. Jim Hawkins read the resolution endorsil':lg tax f'or road improvements. Kathy Brooks (copy to be made a part of" these minutes) the proposal f'or a 1% local seconded the motion which option carried s al e s 6-0. Sherif'f' Hutson said he was introducing the Stop Drugs all the cities in Cobb and was asking f'or their support Sherif'f' Hutson said this inf'ormation was sent directly and he was handing it down to other agencies and asking in the program. at the Source program to of' this State-wide program. f'rom the Governors of'f'ice f'or their :full cooperat~on Privilege License: Charles J. Vrono requested a transf'er of' the beer and wine pouring license f'or Sizzler Restaurant, 273l South Cobb Drive. There was no opposition. Mr. Vrono said he was an attorney representing Sizzler in the Atlanta area and was a resident of' Cobb County. In the past, Sizzler has had their licenses in the manager's names and because of' their high turnover rate, they had asked him to hold the license to avoid coming back every year or two. Mr. Vrono was not able to answer any specif'ic questiol':ls about the operation of' the restaurant and said he was not notif'ied of' the meeting ul:'ltil this morning. Mr. Camp said it may be a good idea to table this to the next meeting until Sizzler could have a repre- sentative present to answer questiol':ls. Kathy Brooks made a motion the application be tabled to the next meeting. Hugh Ragan seconded the motion which carried 6-0. Privilege License: Susan Michele Ramsey requested a transf'er of the beer and wine package license f'or 7-Eleven Food Store at 1828 Spring Road. There was no opposition f'rom the audience. Ms. Ramsey said she was the District Accounting Manager 7-Eleven. Jack Shinall asked Ms. Ramsey if' they had any problems with people buying beer and wine and drinking and loitering in the parking lots. Ms. Ramsey said they did not; they have a very strict policy concerning their sales. Jack said they did have a problem with the store on Old Concord Road, which is the next item on the agenda f'or approval and asked that she check into it. Mr. Camp reminded Ms. Ramsey that by holding this license, she would be personally responsible, not Southland. Ms. Ramasey said she was aware of' that because she holds other licenses f'or them. Kathy Brooks made a motion the trans:fer be approved. James Williams seconded the motion which carried 6-0. Privile~e License: wine package license Susan Michele Ramsey requested at 7-Eleven Food Store at 2539 a transf'er of' the Old Concord Road. beer There and was March 18, 1985 - Continued no oppositio!). f'rom the audie!).ce a!).d Kathy Brooks made a motion the license be approved. Jack Shinall secol;ided the motion which carried 6-0. Hugh Ragan made a motion that Hel;iry Electrical a COnstruction at the Boise-Cascade job site in Williams secol;ided the motiol;i which carried 6-0. Company be granted Highlands Park f'or approval f'or 1 year. James Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as :follows: l} Executive Golf', Inc. requested a building permit ~or construction of the clubhouse ~or the l;iew golt' course Ol;i Cherokee Road Extension at a total estimated cost of' $125,000. Jack Shinall made a motion the permit be approved subj eCt to approval of' the City Engineer and Pire Marshal. Kathy Brooks seconded the motion which carried 6-0. 2) Auto Service Centers International requested a building permit f'or interior ~il;iish f'or Allied Tral;ismissions at 2849 South Cobb Drive at a total estimated cost of' $ 29,000. Jack Shil:'lall said the original agreement with this builder was that he would plal;it red tip photenias 4 to 5 f'eet tall at the rear of' the property al;id they look awfully small, but he would get with Gene Goldel;i about the buf'f'er. Jack Shi!).all made a motion the permit be approved subject to approval of' the City Engineer and Pire Marshal. Max Bacol;i seconded the motion which carried 6-0. 3) Cumberland Child Care Center requested a building permit f'or an addition to the existing buildil;ig at a total estimated cost of' $33,000. Hugh Ragan made a motiOn the permit be approved SUbject to approval of' the City Enginer and Pire Marshal. Jack Shinall seconded the motion which carried 6-0. 4} Billy Askea requested a permit f'or an addition 2974-D South Cobb Drive at a total estimated cost of' a motion the permit be approved subj ect to approval of' Marshal. Hugh Ragal;i seconded the motion which carried 6-0. to the existing building at $16,370. Jack Shinall made the City Engineer and Fire 5} Murata Erie North America requested a building permit f'or construction of' a new o~f'ice building at 2200 Lake Park Drive at a total estimated cost of' $l,500,000. Hugh Ragan made a motion the permit be approved SUbject to approval of' the City Engineer and Fire Marshal. Bob Davis seconded the motion which carried 6-0. 6} Lil;icoln Property Company requested a building permit :t'or interior f'inish at 2300 Lake Park Drive at a total estimated cost 0:1:' $29,000. Max Bacon made a motion the permit be approved subject to approval of' the City Enginer and Fire Marshal. James Williams seconded the motion which carried 6-0. Public Hearing Ordinance Amendment: Jack Shinall said this Charter amendment, which is rather lengthy, is available :for inspection in the City Clerk' s of'~ice. The amel:'ldment re-describes the 7 wards of' the City by metes and bounds and eliminates the piecemeal descriptions we nOw have. There were no questions or comments f'rom the audience and Jack Shinall made a motion the Charter be amended by deleting Article II (Corporate Limits) in its entirety and replacing the existing Section 6(c} o~ Article III with a new section. James Williams seconded the motion which carried 6-0. Jack said the f'il;ial approval of' this amendment would be April 1, 1985. Approval of' Resolution: Jack Shinall stated that Revenue Sharing and Community Development Block Grants were the only two programs that the City receives any direct Federal f'unds f'rom. Today we received a letter f'rom Congressman Wyche Fowler concerning a survey he conducted and 94% of' the Mayors surveyed said that Revenue Sharing was the most important of' all the Federal programs. Jack Shinall read a Resolution urging Congress to continue the Federal Revenue Sharing program and made a motion it be approved. James Williams seconded the motion which carried 6-0. (copy to be made a part of' these minutes) Report on Bid Award: Hugh Ragan said at the last meeting a motion was made that the Public Saf'ety Committee be authorized to purchase the low bid :for the Emergency Management vehicle which was f'rom General GMC Trucks. At'ter the motion was made it was realized that there was not el;iough Revenue Sharing money in their budget to cover the price of' the vehicle. Hugh stated the vehicle would be purchased f'rom $11,514 in Revenue Sharing; $400 f'rom account 111910303; $288 f'rom account 14910702; $200 f'rom account 14930526; $396 from account 14930525; all to be transf'erred to account number 14950527 to cover the cost of' low bid. March 18, 1985 - Continued Bid Award: Hugh Ragan said at the last meeting a motion was made to authorize the committee to purchase low bid on the Fire Chief" scar. At'ter reviewing the bids, it was ~ound that the low bid ~rom Days Chevrolet did not meet speci:fications. Hugh Ragan made a motion the second low bid be awarded to Wade Ford at $11,084.81, to be paid f'rom the Contingency FUl;id. Jack Shinall seconded the motiol;i which carried 6-0. Workmans Compensation: Jim Hawkins said the company that presel;itly writes our workmans COmpensation is getting out of' that f'ield and we are in the process of' f'inding another company. We have l;iot received any bids because we need more background and hope to have bids ready ~or the l:'lext meeting. Max Bacon made a motion the workmans compensation bids be tabled. James Williams seconded the motion which carried 6-0. Committee Assignments: Jim Hawkins read Mayor Bacon's new committee assignments and stated they would be e:f:fective as o~ tonight: FINANCE & ADMINISTRATION Jack Shinall, Chairman James Williams Max Bacon PUBLIC SAFETY POLICE, FIRE & CIVIL DEFENSE Hugh Ragan, Chairman Jim HaWkins James Williams STREETS, MAINTENANCE AND GARAGE Max Bacon, Chairman Hugh Ragan Bob Davis ENGINEERING & INSPECTIONS Kathy Brooks, Chairman Hugh Ragan Jim Hawkins WATER & SANITATION James Williams, Chairman Max Bacon Jack Shinall PARKS & RECREATION, INSURANCE Jim Hawkins, Chairman Jack Shinall Kathy Brooks LIBRARY, EMPLOYEE BENEFITS, ALCOHOL & PRIVILEGED LICENSE Bob Davis, Chairman Kathy Brooks Hugh Ragan Approval to sign Route 3 seconded of' Agreement with State: Max Bacon made a motion the Mayor an agreement with the State Department of' Transportation to (Atlanta Road) to local governing authorities f.or maintenance. the motion which carried 6-0. be authorized revert State James Williams Hugh Ragan welcomed Bob he met with an electrical contractor today the Emergency Outdoor Warning System equipment. Davis that to council. Jim is willing and able Farley said to install Assistant Fire Chief' Hubert Cochran said he checked on the pumper truck today and it should be ready f'or service in a f'ew weeks. Police Chief' other agencies years now. Little said his department on the Stop Drugs at the is already working Source Program and with have Cobb been County and f'or several Kathy Brooks welcomed Bob Davis to council. (Library) Doris Morris thanked the Jonquil Garden Club f'or the dogwood trees and shrubs they planted at the library. (Fi.1:1ance) Jack Shil;iall said all the budgets are in and the committee has started to review them and establish meetings with the committees and department heads. Jack sai.d committee was moving ahead in their search :for a Ci.ty Administrator and Mr. Camp has givel;i them several options t'or guidelines t'or qualif'ications. March 18. 1985 - Continued (Water) James Williams said it was the gel;ieral practice under a bOl:'ld issue rehabili- tation program f'or the City to designate someol:'le at City Hall to authorize a bid request rather than to approve each bid request individually by council. James Williams made a motion the rules be suspended. Max Bacon seconded the motion which carried 6-0. James Williams made a motiol;i that the City Clerk be authorized to request bids on the projects coming under the Water and Sewer Revenue Bonds as needed to proceed, f'rom time to time, returnable to Mayor and Council f'or acceptance or rejection il:'l whole or in part. Max BaCOn seCOnded the motion which carried 6-0. Jim Belk with Welker & Associates said they were pretty much on schedule and their next step is to request bids f'or the water project. Max Bacon said he has been having some problems in his area with the railroad and recently recieved a letter f'rom the head or the transporation department in Jacksol:'lville. However, this weekend he received more complaints than ever bef'ore. He talked to the people with Seaboard Railroad in Atlanta once again and hoperully they will come up with something tomorrow or the next day. Max also thanked Earl Smith f'or coming tOnight and talking about option sales tax f'or road improvements. Max also welcomed Bob Davis to the 1% council. local Bob Davis thanked the citizenS of' Ward 1 ror electil:'lg him and f'or the con:fidence they have shown. Bob said he looked f'orward to working with the Mayor and Council. Jack Shinall said we are having problems with people burning trash receiving complaints :from allover the City. This is a violation of' law; not just the City. Jack asked everyone to please :t'ind another way or garbage and trash. and we are the State to dispose Jim HaWkins said he looked f'orward to having Mayor Bacon back at the next meeting and reminded everyone of' the JOl:'lquil Breakf'ast ol;i March 20th. With no rurther business, meeting adjourned at 9:05 p.m. MAX BACON, WARD 2 ..IU.G.B STRENGTH WASTEWATER $tJ1U~RA RC:E AGREEJlENT Amendment to the Wastewater Service Agreement Between Cobb County and the City of Smyrna This High Strength Wastewater Surcharge Agreement has been entered into this ___ day of _________, 1985, between Cobb County and the City of Smyrna. WHEREAS, Cobb county owns and operates wastewater treatment facilities which are permitted by the State of Georgia; and WHEREAS, Cobb County must, as required in its permits and as a part of its overall user charge system, develop a high strength wastewater surcharge program applicable to all industrial users of its wastewater treatment system wherever located; and WHEREAS, Cobb County has entered into a serv ice contract with the City of Smyrna, whereby Cobb County treats at its treatment plant wastewater discharges from the City of WHEREAS, the City of Smyrna and Cobb County desire to implement a high strength wastewater surcharge program. In consideration of the following terms and conditions contained herein, Cobb County and the City of Smyrna agree that: This agreement shall provide for high strength wastewater surcharges to customers of the City of Smyrna and Cobb County and the method for monitoring required wastewater and discharge data for industrial. or commercial discharge connected to the City of Smyrna's sewer coll.ection system I which is treated at a Cobb County wastewater treatment facility. Surcharges may be assessed to Industrial customers as herein defined. Definitions 1. ~u~~bQ~ Rat~ - Cost per pound of relevant wastewater parameters which may include five day biochemical oxygen demand (BODS), suspended solids (55), ammonia nitrogen NH3-N) and phosphorus (P), with costs and other relevant pollutant parameters as may be determined by the City of Smyrna and Cobb County on a periodic basis. 2. Q.Q.mest i<;;: .Qewag~ Characterized as sewage with the following concentrations of wastewater pollutants: BODS - 300 milligrams per liter (mg/l) 55 - 300 mg/l NH3-N - 18 mg/l P - IS mg/l 3. Industria~ Sampling Profile - A fourteen (14) consecutive calendar day composite sample of wastewater from potential surcharge customers. 4. Average Surcharge Concentration - The concentration of waste, expressed in milligrams per liter for each single parameter listed in item "1ft above, i.e., BODS, 55, NH3-N, and P, as determined in the industrial sampling profile of fourteen (14) observations each, and computed as follows for one pollutant parameter, (e.g., BODS): a. Disregard all values less than or equal to the definition of dOmestic sewage. b. Total all values greater than the definition of domestic sewage. 2 c. Record only the net difference in the greater value and its corresponding definition of domestic sewage. d. Sum all net differences and divide by fourteen (14) days. e. Result represents the Average Surcharge Concentration upon which billing will be based for one parameter, e.g., BOD5. f. Repeat "a" through "e" for the remaining three (3) parameters (e.g., SS, NH3-N, and P), and others as may be added from time to time. 5. Ipdustria1 Customer - Discharge with a volume exceeding 25,000 gallons per day or the weight of pollutant parameters equivalent to or greater than that weight found in 25,000 gallons per day of domestic wastes are considered industrial users. 6. ~~hakge ~~~~~ - Any industrial customer whose wastewater pollutant parameter(s) contains an average concentrat ion, expressed in mi 11 igrams per 1 iter, wh ich exceeds that found in domestic sewage. 7. MQD~b~~ E~~ - The total monthly water metered by the existing potable water meter, or the wastewater flow metered by a flow measuring device approved by the City and the County. 8. ~r~tHlrg~ ~~ation - For each month's surcharge, multiply the Average Surcharge Concentration in mg/l by 8.34 by the monthly flow rate in million gallons by the surcharge rate for each par~meter. The total of all parameters is the total monthly surcharge to be billed. Note that the 3 magnitude of the monthly bill will vary as the flow rate es; however, the Average Surcharge Concentration does not vary once set. Prov~sions ~ ~ Surcharge Program 1. The Cobb County Water System Laboratory, at the County's expense, will randomly sample surcharge customers at I east once annually to insure that waste strength does not vary considerably from the original profile. If desired, the County or the City may elect to employ an independent laboratory to collect and/or analyze the Industrial sampling Profile. 2. The total surcharge bill will be calculated based on the Average Surcharge Concentrations determined for each pollutant parameter. These concentrations will then be considered constant unless modified due to the following situations. 3. Based on the findings of the random sampling program, if the industrial customer's Average Surcharge Concentration increases or decreases, the Surcharge computation will increase or decrease correspondingly. 4. It is the Industrial Customer's responsibility to notify the Cobb County Water System of any waste strength increase in order that a new profile can be performed at the industry's expense and the surcharge increased correspondingJ..y. 5. If an industrial customer makes a process modification(s) or institutes pretreatment which decreases waste strength, the customer may, at their discretion and expense, request a 4: new industrial profile by the Cobb County Water System Laboratory. The results of this profile will then be used to establish new Average Surcharge Concentrations for each pollutant which remains constant until change is required, as discussed above. 6. At the industrial customer's request, Cobb County will split wastewater samples with the industrial customer so that the customer may have the sample concentrations computed by Cobb County verified by a qualified laboratory. 7. Both the Cobb County Water System and individual industrial customers have the right to re-establish the Average Concentration through perforamnce of a new industrial sampling profile. Where requested by the industrial customer, the charge for the fourteen (14) day profile is established at $1,500. and is subject to change as lab and administrative costs change. 8. The City of Smyrna agrees to inform Cobb County of any new customers connecting to the wastewater system which to its knowledge may potentially be subject to high strength wastewater surcharges. 9. The City of Smyrna will provide Cobb County with water consumption data on industrial customers, as requested, except metering flow reports which shall be conducted by the County. 10. Any authorized officer or employee of Cobb County, or their representative, may enter and inspect, sample, and monitor designated sampling manholes of the sewer system of 5 ORDiNANCE will be known as the .City of ibutary Protection Ordinance." tion. This ordinance is s of Georgia Code Section Se 3.0. Finding and Purposes. s. The Mayor and Council of The City of t: The Chattahoochee River provides multiple public which include use of the river as the primary water r metropolitan Atlanta. 2. The water qual ity of the Chattahoochee River depends upon the water qual ity of the flowing streams tr ibutary to the river. . and other polluting materials and conditions, limited to pesticides, nutrients such as s, toxic materials, and elevations in tur e harmful to the water quality of the tributaries. 3. Sediment including but nitrog water river arian vegetation along these watercourses helps r quality. Dense tree growth helps to prevent rosion, and streamside vegetation reduces the and other polluting materials that would ash 0 streams. Riparian trees, by shading, cooler water temperatures and thus enhance water It is the purpose of this ordinance to ic health, safety and general welfare; to 1C and private losses due to erosion, siltation, r pollution; and to maintain stream water quality in specific areas by provisions designed to: 1. Cr e streams in ation buffer areas adjacent to tributary age area of the Chattahoochee Corridor. land-disturbing activities within such buffer ing issuance of a permit for such activities. 2. M.ini areas by req Section 4.0. Definitions. iver Tributary Protection Area," also e ction area," means the stream nel land extending outward 20 horizontal feet from the center on either side of all f lowing streams in 1 o a c s shall within the City.. ge b all tributaries of the Chattahoochee h Chattahoochee River downstream from a Peachtree Creek, except for such the Chatta e Corridor, as defined in Georgia Section (UCGA) 1 441, or greater as determined in plan approval by t Mayor and Council where the size of stream j ustif ies a greater "protection area.... The area- may be increased in size from time to time locations as determined by size of the stream by Mayor and Council and such designated noted on the map of the protected areas site the 4..2 -Flowing stream- means. any stream which is designated and shown as a permanent stream on the 7..5-minute quadrangle maps of the U..S.. Department of the Inter ior, U..S.. Geological Survey, plus any stream which the Mayor and Council of The City of Smyrna may determine to be, and designate as, a flowing stream. . 4.3 "Land-disturbin activity" means scraping, plowing, clearing, dredging, ing, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, Obstruction, or deposit.. 4.4 "Parcel" means any correctly as a unit on the records.. plot, lot or latest county acreage shown tax assessment 4..5 -Person" means any individual, partnership, c ration, , entity, or authority and shall include t r agents ractors, the State of Georgia, its political su ions and all its departments, boards, bureaus, commissions, or other agencies. 4..6 "Watershed" means the land area which drains into a particular stream.. Section 5...0... Establishment of Tributary Protection Area. The "Chattahoochee River Tributary Protection Area" within ty of Smyrna, hereinafter referred to as the 'on area,- is hereby established.. The designated ion area shall be shown on the Official Map of the Smyrna.. Section 6...0... Permit.. No person sha ection ar f rom the B of Smryna.. 6..1 Exceptions.. The permit provisions of this ordinance shall not apply to: ge in any land-disturbing activity in hout first having obtained a written ding Inspections Department of the City 2 Emergency work: necessary to rve .life or property. emergency work: is forme er this section the n performing it 1 report the pertinent facts ing work to the Building Inspector of the City of a next siness day after commencement of the o eaft the person sha.ll apply for rform s work hin such time period as may by the ilding Inspector to be reasonably correct impairment such emergency work may to the conveyace capacity, stability, or quality of the protection area. 2. Work: consisting of the repair or maintenance of any lawful use of which is zoned and approved for such use on the date of ption of this ordinance or January 1, 1984, whichever is earlier. 6.2 Applica for a permit. A separate application for mit sha.ll made to the Bui.lding Inspector, on a form ed by the Building Inspector, for each land-disturbing vity, except that only one applicat~on need be made for two or more such acts which are to be done on the same parcel. The cation shall include a map of the site and such inform concerning the proposed action as the Building Inspector deems necessary to describe the nature and extent of the ed action and to determine the effect of the proposed acti on the protection area. of permit. No appl.ication for a permit and no permit shall be issued for any land- within the protection area unless: (a) ng activity is for the purpose of the fo.llowing: a stream crossing by a ation route, or public uti.lity; a dam a detention,. retention, or sediment ity; or (b) the land-disturbing activity f way of any public agency pursuant to a uch public agency; or (c) the Building fi and determines that a minimum amount of land disturbance necessary for the benef icial use of the parcel has been proposed. Conditions. In each permit issued under the ions of this ordinance, the Building Inspector shall e conditions designed to: (a) limit erosion,. ta and water pol.lution within the protection zone rates no ater than those occur ring before urbing acti ity, and (b) preserve, protect, or maximum feasible amount of natural. vegetation. 6.5 Variance.. Smyrna sha.ll g~a The Mayor and Council of the City of no variance from any provision of this 3 e without first conducting a public hearing on the tion for a variance and authorizing the granting of riance by majority vote of the Mayor and Council. 6.6 Responsibility. Neither the issuance of a permit nor iance with the ditions thereof, nor with the s or hall relieve any person from ot ise imposed by law for damage to 1 nor shall the issuance of any permit impose any liability upon the City of rs or employees, for injury or damage to ty. A permit issued pursuant to this not relieve the permittee of the of securing and complying with any other permit which be required by any other city or county ordinance or state law. 6.7 Term of t, extension, renewal. The permittee shall complete work authorized by the permit within the time limits ed in the permit, which in no event shall nd more t n 12 months from the date of issuance. The ttee shall notify the Building Inspector at least 72 prior to the commencement of work. Should the work not be commenced hin the time 1 imits, then the permit shall ded, however, that if prior to the date establ r commencement of work, the permittee ma ritten request to the Building Inspector for an ex n of time to commence the work, setting forth the reasons for the red extension, the Building Inspector may grant such e On. A permit which has become void may be renewed at the discretion of the Building Inspector. --~- -- -- ---- ~_._-------~ ---_.~~ --.- shall make a final inspection following work. The permittee shall assist the r in making such inspections. The City of r to conduct such investigations as necessary to carry out its duties as ordinance, and for this purpose to enter onable time upon y property, pUblic or private, for rpose of inve ng and inspecting the sites of any isturbing activities within a protection area. person shall refuse entry or access to any authorized r esentative or agent who requests entry for purposes of i ction, and who presents appropriate credentialS, nor shall any obstruct, hamper or interfere with any such r while in the process of carrying out his o 1 dut ies. pe ar ma Prior to the issuance of any activities within the protection submit a performance and ensure that all terms and <\\ are compled wit.h.. The bond shall ein an exact. descript.ion of the lengt.h of t.ime for which the bond ermined by t.he Building Inspector, the face of t.he bond. The bond equal t.o the est.imat.ed cost. for turbing activity in compliance wit.h of the pe The sum of t.he bond t.he Cit.y rna. The bond shall company licensed and regist.ered in Section 7.0. Penalties. 7.1 Failure t.o act.ivity. If any activity requir t.his ordinance shall , wor e cond n t.he j obt.ain a permit. for land-disturbing person commences any land-disturbing land-disturbing permit. as prescribed in first. obtaining said permit, that t to revocation of his business building permit, or other authorization usiness and associated work activities onal boundaries of the City of Smyrna.. 7.2 Stop-work orders. Upon notice from t.he Building Inspector, work on any project that is being done contrary to t ov isions of this ordinance shall be immediately s Such notice shall be in writing and shall be given t owner of the property, his authorized agent or the or in of the activity on the property, 11 st tions under which work may be or the restored to its original condition or its alent. Where an emergency exists, no written notice be required. e bond forfeiture. If, through inspection, that a person engaged in land-disturbing failed to comply with ther terms and permit, a written notice to comply shall be person. The notice shall set forth the ry to achieve compliance with the permit and state the time within which such measures must be leted. If the person engaged in the land-disturbing ails to c ly within the time specified, he shall in violati of this ordinance and, in addition to penalties, his performance bond shall be subject to ture. 7.4 Suspension, revocation or modification of permit. The permit may be suspended, revoked or modified by the Building Inspector upon finding that the holder is in violation of the terms of the permit or any portion of this ordinance. 5 s e owner of iable for a day or not to ex continues shall co Any person violating any provision tting conditions or stop work order which the violation occurs shall ty of not less than $100..00 per ..00 per day.. Each day the violation te a separate offense.. Section 8.0. Administrative Appeal.. Judicial Review.. Administ dec on or or ent ed to a he days after receipt by notice of appeal.. * ve Appeal.. Any person, aggrieved by a the Building Inspector, shall. be efore the Mayor and Council within l5 the Building Inspector of written 8..2 order a Judicial Review.. Any person injured by a decision or of the Building Inspector, who shal.l first have ed the Inspector's decision to the Mayor and 1 the decision of the Mayor and Council of Cobb County, Georgia.. Such appeal 30 days of the decision of Mayor and l.imited to the evidence and testimony ring before Mayor and Council... Section 9.0. Effectivity and Validity.. 9..1 Effectivity.. on the This ordinance shall become effective 9.2 If any section, subsection, paragraph, cl, provision of this ordinance shall be ad ged inval.id or held unconstitutional., such decisions shall not affect the remaining portions of this ordinance.. , 6 Interjurisdictional pretreataent Agreement Between CObb county, Georgia And The City Sayrna, Georgia This Agreement _________, :1985, Smyrna. is entered between Cobb into this County and day City of of the RECITALS Whereas, Cobb County owns and ope'rates a wastewater treatment system, and Whereas, the City of Smyrna current:ly uti:lizes this wastewater treatment system, and Whereas, Cobb County must deve:lop, imp:lement and enforce an industrial pretreatment program pursuant to conditions contained in its discharge permits issued by the State of Georgia Environmental Protection Division1 and Whereas, the City of Smyrna desires to continue to uti:1ize the wastewater treatment system and recognizes its industrial waste contro:1 obligations under 40 CFR 403. In consideration of the fo:1:1owing terms and conditions Cobb County and the City of Smyrna agree: :1. The City of Smyrna shall adopt an ordinance which contains provisions simi:1ar to the ordinance adopted by Cobb County and will enforce said ordinance, with the assistance of Cobb County. :1 2. Sa~d ord~nance w~2l ~ncorporate the fol20w~ng prov~sions: {a} a provision requiring any industrial user responsible for a significant accidental discharge to notify immediately both Cobb County and the C~ty of Smyrna; (b) a prohibition on the use of dilution as a control technique for compl~ance with discharge limits ex~ept as allowed by Federal Pretreatment Standards; (c) a grant of authority to impose mass discharge limits in 2ieu of, or in conjunction with, concentration discharge limits; Cd} a prohib~t~on against and penalty for the knowing transmittal of false information by an industrial user to either Cobb County or the City of Smyrna. (e) a grant of authority to require the installation of all monitoring and pretreatment facilities by industrial customers. 3. Cobb County and the City of Smyrna shall periodically (at a minimum of every three years) review their respective ordinances and draft and adopt amendments to their respective ordinances when necessary to ensure the effective administration and operation of the pretreatment program. Whenever Cobb County becomes aware of a problem with the pretreatment program which can be mitigated by a change in the ordinance, Cobb County shall notify the city of Smyrna and the City will adopt an ordinance to mitigate such prob2em.. ? 4. The City of Smyrna wi~~ adopt specific discharge ~imits as estab~ished in Cobb County's sewer use ordinance and, as may be necessary, assist Cobb County in the enforcement of these ~imits.. 5. The City of Smyrna's ordinance wi~~ provide that categorica~ pretreatment standards promu~gated by the u. s. Environmenta~ Protection Agency (EPA) wi~~ be incorporated by reference into the City of Smyrna's ordinance. These standards sha~~ contro~ any specific discharge ~imits in the ordinance which are ~ess stringent than the categorical standards as they apply to the particu~ar industrial subcategory.. Cobb County sha~l notify a~~ affected I industria~ users of pertinent categorical standards and monitoring and reporting requirements contained in 40 CPR 403..~2 or included as part of the categorical standard. 6.. The City of Smyrna shall adopt in its ordinance a definition for industria~ user as required under 40 CPR 403.~2. Cobb County may make a determination as to whether a particu~ar industrial user is an industria~ user based on information Cobb County may request from the City of Smyrna and the identified user.. The City of Smyrna through Cobb County sha~l contro~, with industrial discharge permits, industrial waste discharges from each industrial user discharging into the sewer, wherever ~ocated. 7. The City of Smyrna shall file with Cobb County a certified copy of its ordinance and any amendments thereto. As necessary, the City of Smyrna sha~l assist Cobb County in obtaining a~~ industrial monitoring reports including 40 CFR 3 subsection 403.12 compliance reports, self-monitoring reports, baseline reports, records of violations and actions taken, and any other monitoring or reporting requirements impo d by Federal, State or local regulations. These records and other relevant information shall be maintained by Cobb County for at least three years. 8. An author ized off icer or employee of Cobb County or the City of Smyrna may enter and inspect at any reasonable time designated sampling manholes of the sewer system of the City of Smyrna. The right of entry and inspection shall be limited to public streets, easements, and property within which the system is located. Cobb County shall, as appropriate, enter onto private property to inspect industrial waste discharges. The City of Smyrna will make necessary legal and administrative arrangements for these inspections after reasonable notice from Cobb County. The right of inspection may include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing, and access to (with the right to copy) pertinent compliance records located on the premises of the industrial user. Cobb County shall be solely liable and hold the City of Smyrna harmless from the activities of its employees in conducting such tests. 9. If City of Smyrna shall refuse to aid in the fulfillment of any pretreatment obligations, Cobb County may develop and issue a remedial plan containing a description of the nature of the deficiencies, an enumeration of steps to be taken by 4 the Industrial Customer, and a time schedule for attaining compl iance with all pretreatment requirements. Such plans shall be specifically enforceable in a court of competent jurisdiction. Where the Industrial Customer wilfully fails to sa y the terms of the remedial plan, Cobb County, may, upon thirty days written notice, refuse to accept any industrial waste discharges from the Industrial Customer. The City of Smyrna agrees to cease water service to any Industrial Customer who shall be found guilty of wilful failure to comply upon notice from Cobb County of the non- compliance. 10. Where a discharge to the wastewater treatment system reasonably appears to present an imminent danger to the health and welfare of persons, or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the wastewater treatment system, Cobb County may immediately initiate steps to identify the source of the discharge, and to halt or prevent said discharge. Cobb County may seek injunctive reJief against any industrial user contributing to the emergency condition, an~.or may pursue other self-help remedies. The City of Smyrna agrees to cooperate and take such stE"pS as i"le Decessary to assist in insuring compliance. 11. The terms of this Agreement may be amended only by written agreement of the parties. ID aDY ~vent, this Agreement shall be reviewed and revised, as necessary, at least eVery three years. 12. This Agreement wi11 remain in effect so 10ng as the Serv Agreemen~ remains in effect. Termination of the Service Agreement sha11 a1so resu1t in the termination of this Agreement. The parties hereto have exe~uted this Agreement on the date shown above. County County Water System City of Smyrna Attest (Sea1) Attest (Sea1) 6 A RESOLUTION ON GENERAL REVENUE SHARING WHEREAS, the United States Revenue Sharing Program in 1972; and Congress established the General has and WHEREAS, reenacted 1'iscal assistance bipartisan support; thj_s program in 1976, 1980 01' and local government 1983 with strong been WHEREAS, this program has been the most e1't'iciently administered and f'lexible of' all 1'ederal programs; and WHEREAS, in 1984 was less than and counties; and the two administrative tenths 01' one cost percent f'or of' General the amount Revenue Sharing paid to cities WHEREAS, there has been this program since 1976 and thereby the increase in the 1'ederal def'icit; and increase in the f'unding level not signif'icantly contributed no has of' to governments and WHEREAS, permits 10 c al needs; the them discretionary to set local nature of' priorites the program f'or to address local WHEREAS, the cost 01' 1'ederal mandates ments is $l50 million over the amount that they Fiscal Assistance through this program; and on Georgia' s local govern- receive in Local Government WHEREAS, this program has permitted the cities 01' complete many necessary projects on behalf' of' their citizens, not be possible without the General Hevenue Sharing Program; and Georgia to which would WHEREAS, some projects f'or the City of' Smyrna f'unded by this local :fiscal assistance program include Fire and Police vehicles, Parks and Recreation vehicles, Emergency Management rescue vehicles, Jaws of' Lit'e rescue equipment, radio equipment f'or Police, Fire and Emergency Management vehicles, Library shelving and magni1'ier f'or the low-visioned, Sanitation Department vehicles and equipment, typewriters and other o1':fice equipment, recorder f'or the Police Department, computer hardware, and other capital expenditures; and WHEREAS, current proposals by the Administration and the plan to terminate the General Revenue Sharing program in September one year be:fore the program authorization expires; and Congress of' 1985, WHEREAS, the loss would mean that city taxes be raised by 1 mill to of'1'set this annual loss of' $l80,760. would have to NOW THEHEFORE BE IT RESOLVED that the City o:f Smyrna is adamantly opposed to the termination of' the General Revenue Sharing Program. and t'unding the support endeavor. BE IT FURTHER RESOLVED that the the program at least through of' Senators Nunn and Mattingly extending requests in this City of' Smyrna supports 1989 and respectf'ully and Congressman Darden Resol ved this 18th day of' March, 1985. Ji.BliDlt.ll%.x.Q.B WHEREAS, due to the rapid growth and progress of Cobb County and the City of Smyrna, traffic congestion and street and road construction, maintenance and repair have become ever more pressing needs to the citizens of Smyrna and of Cobb County; AND WHEREAS, the City of rna and to keep pace with the increasing necessary to construct, maintain, and roadways in Smyrna and Cobb County congestion and provide access; Cobb County are unable demands for revenue repair the streets and in order to prevent AND WHEREAS, ided a met ovement, (1.%) 1. provid 1.oca1. legisl.ature of the State of Georgia has fOr btaining a source of revenue for road tion and repair by means of a one on sal.es tax for a period of four (4) 'zens of Cobb County shall. approve the ; AND WHEREAS, roads l. the fun County has identified certain streets and in the City of Smyrna upon which certain of be expended; he Mayor and Council. of the City of Smyrna have ified streets and roads and have found the to be wel.l. represented in the proposed 1. ist of ments; c l.ocal. 1985. VED that the Mayor and Counc i 1 of rtedly endorses the proposal. fOr a option sa1es tax for a period of four ty for road improvements and urges the of Smyrna and of Cobb County to the same by referendum to be voted upon on __ _______, Passed, this the 18th day of March 1985. Witness the signature of the Mayor of the City of Smyrna or his dul.y authorized representative. the City of Smyrna as agreed upon with City from time to time. This right of entry and inspection, samp~ing, and monitoring sha~~ be ~imited to pub~ic streets, easements, and property within which the system is ~ocated, and the County sha~~ be so~e~y ~iable and hold the City harm~ess for the activities of its emp~oyees in conducting such tests. l~. The Surcharge Computations for a~l industrialtcustomers connected to the City of Smyrna's wastewater co~ lection and whose wastewater is treated at a Cobb County treatment faci~ity wil~ be itemized on a month~y basis and the bill amount, including any monitoring or ana~ysis costs, will be forwarded to the City of Smyrna. The City of Smyrna, as a part of its program of user charges, wi~l bill individual industrial customers and collect amounts due. The City of Smyrna shall pay the amounts collected within 10 days from date of receipt and shall notify Cobb County of all" delinquent accounts. The City of Smyrna will deny water service to any account which is 45 days past due until the same shall be paid in full or arrangements satisfactory to Cobb County and the City have been met. COBB COUNTY WATER SYSTEM BY =___________ Harry E. Ingram, Department Manager CITY OF SMYRNA BY: DATE: DATE; ATTEST ATTEST 6