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April 3/17, 1978 Council Meeting BOX 1 918 06 no April 3, 1978 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on April 3, 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 & Administration Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recreation Therapist Linda Stokes. Public Works Director James E. David. Civil Defense Director Jim Farley and representatives of the press. Mayor Frank Johnson recognized former Council member Homer Kuhl, who gave the invocation, followed by the pledge to the flag. David McNaull of Estelle Court complained of the noise made by the carnival at Zayres. He asked if tbere was not something we could do to keep the carnivals out of the city. He said the noise and the type people they brought in were deplorable. Jerry Mills stated we had an ordinance regulating carnivals but that we would be discriminating if we did not issue them a license. Jack Shinall said he thought we could do something about it under Section 11-3 (Noise) of the Code of Ordinances. After discussion Mr. McNaull was told that the City Marshal would go by there and see what could be done. He also said the loud speaker at "Turtles" in Belmont Hills Center was much too loud. Zoning request: The zoning request by Marion E. Mann to rezone 629, 645 and 653 Cherokee Road from Limited Commercial to General Commercial was tabled at the March 20. 1978 meeting. Elbert Coalson made a motion this be brought off table. Jack Shinall seconded the motion and the vote was 7-0. John Mann was representing his wife Marion. Allen David led the group opposing this zoning. Both John Mann and Allen David were sworn in by Attorney Charles Camp. Mayor Johnson stated the request was to rezone lots 7, 8, 9 and 10. known as 629, 645 and 653 Cherokee Road from Limited Commercial to General Commercial. He read the recommendations of the Planning and Zoning Board, requesting they be entered into the minutes as exhibit C-l as follows: "Motions were made by Sam Owens. seconded by Jack Strickland and approved unanimously that the zoning request of Marion E. Mann on lots 7, 8, 9 and 10 Cherokee Road from Limited Commercial to General Commercial be denied for the following reasons: 1) The existing use of the property does now conform to the existing use and zoning of the property in the immediate neighbor- hood. However if the zoning were changed to General Commercial, the use will not conform. at the present time. with the future land use map of the city, projected uses of the property in the neighborhood. or the existing use of adjacent or similar perty situated in the neighborhood and vicinity of the subject property. 2 Although the applicant has presented no evidence. nor offered any, to this Board as to any pr~sent or future value of the subject property; the independent study by the Board brings the Board to the conclusion that: a) the property value is not diminished by the present zoning; b) the requested change in zoning will not increase substantially the value of the property to the applicant; c) the refusal to change the zoning will not cause a loss in value to the applicant. 3) The Board finds that refusal to grant the requested zoning will not cause substantial loss in value to applicant; however as the subject property is immediately surrounded by property which is zoned and presently used as either residential or limited commercial. and considering the size, location. use, and access to the subject property, the requested change to General Commercial may have an adverse affect on the neighboring property values causing a loss in value; may cause traffic problems due to ingress and egress which would in effect re-route prospective customers to the neighborhood or cause substantial damage to the residential areas adjacent thereto. 4) The Board finds that the requested change will cause a substantial adverse affect on the aesthetic quality of the neighborhood as no adequate plan or provision has been presented for parking. driveways, curb cuts, preser- vati reas or architectural plan has been presented for any use under and therefore the Board can only assume that there is no plan made. The subject property does not meet the zoning requirements as to lot size (20.000 square feet) or minimum width at the set back line (100 feet). The Board finds that because of the complete lack of property planning of use under General Commercial of the subject property, the requested rezoning would cause substantial traffic hazards along Cherokee Road due to the existing curb cuts and traffic flow patterns. 5) Due to the lot size, traffic flow, adjacent property uses, topography. and existing structures, the Board finds that the subject property is particularly suited for use under Limited Commercial zoning. 6) The applicant has introduced no evidence to the Board that the subject property has been or is now vacant as zoned or that the present zoning presents any hardship whatsoever to applicant." Elbert Coalson said John Mann had met with the residents of the area who opposed the zoning and an agreement had been reached that Mr. Mann would build a six foot (Continuation of April 3, 1978 Meeting) zoned property andt:he residential property. This will be a wooden fence and would be installed as soon as possible. Mr. for the present he intended to continue to operate a Security Alt:eration Shop at these locations, but sometime in the future tear down these houses and build a one or two story building on the the zoning in order to apply for financing of the building. made a motion that 629, 645 and 653 Cherokee Road be rezoned from Commercial to General Commercial, with the stipulation the fence would be installed as agreed upon. Bill Darby seconded the motion. During discussion Jim HaVit1;::.;Lns said the Offic:tal Land Use Map showed this property Limited.Commercial. He was afraid if it was rezorled it would open up the entire street ap.dhe was against that. Jim Tolleson said he could not vote against the recommendations of the and Zoning Board. Jerry Mills said he thought some changes should t:he Land Use Map and that we had varied from it before. ECkbert Coalson were already several businesses on Cherokee Road and there were no buffers between them and the resident;Lal property. Mr. Mann had agreed to put up a buffer and he felt the residents would be better off. Mayor Johp.son called for a on the motion and it carried 4-3. Bill Darby, Jerry Mills. Elbert Coalson and Rem Bennett voted to rezone. Jim Tolleson, Jim Hawkins and Jack Shinall voted against. Bids were opened, read, and are recorded as follows: (1) Grass seed and fertilizer spreader (Parks) Cobb County Tractor Company (Lily) Lawn & Turf, Inc. (Lily) Ward Tractor Company (Bogballe) $715.00 799.00 325.00 a motion bids be turned over to the Parks Committee with authority seconded the motion and the vote was 7-0. (2) One Ton cab and chassis - 1978 - Water Capital Ford Truck Sales $5,565.45 (figure had been changed & initialed) John ..Smith Company Day's Chevrolet, Inc. Peach State Ford Truck Sales 5,070.84 5,115.94 No bid (All prices net, less trade-in) made a motion bids be turned over to the Water Committee with authority Mills seconded the motion and the vote was 7-0. (3) Curb Forms - Streets R. S. Armstrong & Bros. W. C. Caye & Co. Hamilton-Bryant Equipment $5,295.00 (less 5% 30 days discount) 4,667.17 5,437.50 Jerry Mills made a motion bids be turned over to the Street Committee with authority to act. Jim Hawkins seconded the motion and the vote was 7-0. c. Lamar and John Dic1;::.son requested that property located in LL 412, of 125' x 228', located behind Dickson's Shopping Center, be annexed City of Smyrna. Rem Bennett made a motion the above described property into the city andpecome a part of Ward 7. Jerry Mills seconded the and the vote was unanimouS. building permits, in the absence of the Building Inspector, were sub- Rem Bennett, and are recorded as follows: Dickson requested a permit to build a car wash on the just Dickson's Shopping Center . The plap.s had been by the Fire and Acting Building Inspector John Steely. Rem Bennett made a permit be granted. Jim Tolleson seconded the motion and the vote was D. Haney of 1109 Dell Avenue requested a side yard variance in order an extension onto his home. He had secured a letter from the adjacent property owner which read as follows: tlI, Robert L. Upton, owner of the property .~ (Continuation of April 3. 1978 Meeting) located at 1121 Dell Avenue, Lot #0486, Smyrna, Georgia. have no objections to Mr. Haney making the additional improvements to his home that are being presented to your approval. It is my understanding that once the improvements are ma they will extend 8~ feet from my property line. Signed Robert L. Upton, and dated 3/23/78." Rem Bennett made a motion the variance be granted. Jim Hawkins seconded the motion and the vote was 7-0. Rem Bennett reported that John Steely, who had been appointed Acting Building Inspector, had been put on another shift at his regular job with the railroad and he did not know if he would be able to continue as inspector on the parttime basis. He also reported very few applications had been received for this posi.tion and it would be advertised again next week. Rem Bennett made a motion that Section 503, Buffer Strip Required, of the Zoning Ordinance be deleted in its entirety and replaced with new Section 503, to read as follows: "Where any parcel which is zoned and used for commercial, industrial, utility, public or similar purposes abuts a residential district or any other zoning class- ification as herein stipulated. a buffer strip or area shall be required on the common boundary line or lines between such differing classifications as follows: Such buffer strip shall consist of a earthern berm of planted strip, including trees, shrubs, stone, rocks. and other appropriate landscaping materials, and shall be at least ten (10) feet in width for developments of five (5) acres or less; and at least fifty (50) feet in width for developments of five (5) acres or greater, forty (40) feet of which may be a "natural" buffer area. Such plantings shall be composed of evergreen trees and shrubs not less than six (6) feet in height or trees and shrubs which will, in normal growing conditions, attain a height of six (6) feet within three (3) years; earthern berm shall be not less than six (6) feet in height. In order to provide and form a hardy screen of sufficient density and height to both interrupt vision and diffuse the trans- mission of sound all plants used must be first submitted to and approved by the Building Inspector, including but not limited to the following acceptable plants: Slash or Loblally Pines Prunus Caroliniana (Cherry Laurel) Red Tip Photinia Ilex Burfordi (Buford Holly) Elaeagnus Pungens (Elaegnus) Said strip shall be planted and maintained in a healthy, growing condition by the property owner. No such buffer strip shall, however, extend nearer to a street right-of-way line than twelve feet. Where the conditions described in the preceeding paragraph cannot be met, the owner of said buffer area may erect a permanent wall or opaque fence of not less than six (6) feet in height. Except as provided above, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove , misshapen. or dangerous and decayed timbers. However, a slope easement may b cleared and grade where required to preyent soil erosion; provided such easement shall be immediately replanted upon completion of easement improve- ments. Such buffer strip shall not be used for parking or a structure other than a fence, wall or drainage improvements required by the city. However, a buffer area may be used for vehicular access and utility easements (only if such used are provided approximately perpendicular to the greater distance of the buffer area) and for drainage improvements required by the city based upon competent engineering studies which show improvements to be necessary, to the satisfaction of Mayor and Council." Elbert Coalson secamded the motion which carried by 7-0 vote. Elbert Coalson made a motion the minutes of March 13. 1978 be approved as sub- mitted. Jim Tolleson seconded the motion and the vote was 7-0. Elbert Coalson made a motion the minutes of March 20, 1978 be approved as sub- mitted. Jim Hawkins seconded the motion which carried 7-0. (Continuation of April 3, 1978 Meeting) Commit.tee Reports: Parks and Recreation Committee - Jim Tolleson reported the dead:Linefor receiving applications for the position of Director of Parks and Recreation was March 31, 1978. of all applications have been given to members of the Parks and Recreation Commission and a meeting wil.1 be held April 11th to select the top ten applicants. The Certified City paper work has been completed and submitted to Georgia Tech by the Certified Cities Committee. The inspectors will be here, unannounced, within the next two or three weeks. Mr. Tolleson urged everyone to make every effort to have everything clean and attractive. Finance & Administration - Bill Darby made a motion, seconded by Jerry Mills, the note for $250,000 at the Commercial Bank be rolled over for a period of 91 days. Vote on the motion was unanimous. Bill Darby made a motion we secure Arthur Anderson Auditing Firm to do the City of Smyrna's audit this year for a cost of $8.000. Jerry Mills seconded the motion. During discussion, Jim Tolleson asked why. Bill said it was good accounting practices to change auditors at least every five years. Elbert Coalson said he did not under,stand why we wanted to pay $2400 more for an audit than we had in the past.. ,and asked why the Anderson firm. Gunter Newsom, Finance Director, said he recommended one of the big eight, and Anderson was the only one he had called. Jim Hawkins s,aid he thought we s40uld get prices from others and made a motion this be tabled until we do. Motion lost for lack of a second. Elbert Coalson said he will not vote to pay over $2000 more for an audit. Mayor Johnson called for a vote on the motion which carried 5-2. Jim Hawkins and Elbert Coalson voted against the motion. Street Committee - Jerry Mills said we were having real problems with the backhoe in the Street Department. It is old and too small for the job. He made a motion we request bids to be opened at the next council meeting, on a new, larger backhoe. Jim Tolleson seconded the motion and the vote was 7-0. This backhoe to be paid from Revenue Sharing funds. Jerry Mills made a motion we surplus the old backhoe, and request bids to be opened at the next council meeting. Jim Hawkins seconded the motion and the vote was 7-0. Jerry said he wanted to make a Comment about zoning. He did not like to go against the recommendations from the Planning and Zoning Board and would like for Mayor and Council to meet with the Planning and Zoning Board at the time they are hearing the request. When the hearing is completed, recess for a short while. reconvene and take action immediately. This is Cobb County's practice. Rem Bennett is to look into this possibility. Water Committee - Jack Shinall stated he watched part of the March of Dimes Walk- a-Thon and it was really impressive and for a worthy cause. Jack st.ated the City Marshal would g9 by Zayres and check the carniyal tonight. He stated the water ordinance was being written by Attorney Camp and he hoped to have a rough draft by the next meeting. r~ported the water committee recommended s:Lx inch water ma:Lns hydrants be installed on Wills Street. Jack made a motion we spend to replace the two wateJ;" mains and install the two hydrants, on Wills Street, to be paid from Water Revenue Funds. Bill Darby seconded the motion and the vote was 7-0. Police and Civil Defense Committee - Elbert Coalson said he had a request from Civil D~fense Director Jim Farley, to assist Cobb County with the Annual Chattahoochee Raft again this year. He estimated the cost of food and othe);'necessary items for our personnel would run between $75.00 to $100.00. Elbert Coalson made a motion the Smyrna Civil Defense assist the annual Raft Race. Bill Darby seconded the mo t::L on and the vote was "Wink" Winkenhofer was recognized from the audience, and he stated this race was the best on-the-job training the Civil Defense personnel could have. Two years ago our defense personnel saved the lives of two people. Elbert Coalson said it was good to have some new police cars. Inspection Committee Inspector soon. Rem Bennett stated he hoped we could get another Building (Continuation of April 3. 1978 Meeting) Attorney Charles Camp reported that House Bill 1267. Act 806. amendments to the State Bingo Law. had been signed by Governor Busbee. He has secured a copy of this act and will pass it on to Police Chief Little. He commented that we never know when our efforts will payoff, but this time you stood up and asked questions and took appropriate action. Other jurisdictions took the same action and through the local and Atlanta newspapers and ChannelS TV. got the publicity necessary for changes to be made in the State Bingo Licensing Act. He read the last sentence of this act as follows: "The added requirements are designed to ferret out the operations which are merely 'fronts' for organized crime." He commended Council and the newspapers for their action in keeping our community and state safe from organized crime. Planning and Zoning Appeals Board appointments were made as follows: Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 W. C. McCoy, 2599 Carolyn Drive Steve Buggay, 2641 Brown Circle William T. HarYil, 801 McLendon Charles Cole. 2597 Evergreen Trail John Porterfield, 2209 Harold Avenue Appointees from Wards 2 and 7 will be announced at the next meeting. Terms of the members are as follows: Two (2) shall be appointed for a term of three years, two (2) for a period of two years and three (3) appointed for a period of one year. Mayor Johnson stated several items had been needed and talked about for years. Among them was the widening of Atlanta Road, expanded facilities for Senior Citizens, expanded facilities for a town meeting place, a fire station on the north- west side near Cobb Center. and the extension of Cherokee Road. He said it was time for these discussions and the past efforts of so many, to become a reality. He appointed Ward 3 Councilman Jerry Mills and Ward 2 Councilman Bill Darby as Co- Chairmen of this committee to get things rolling. They will be the task force necessary to bring in citizen input of those in our city who already have the expertise, and those interested in the preservation of our downtown section. They will solicit help from local. citizens, Cobb County Commissioners, state and national organizations or anyone else who can help. He urges all Councilmen to work with the committee. The Mayor announced the CMA monthly meeting would be at Kennesaw City Hall on April 11th, the next Council meeting will be Aprxl 17th and the Earlybird Breakfast April 6th. Smyrna Little League Parade will be April 15th and will begin at 12:00 noon. All Councilmen are invited to take part. Meeting adjourned at 9:04 p.m. ************************ The regular scheduled ing of Mayor and Council was held at City Hall, Smyrna, Georgi.aon April 17. 1. 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, Director of Finance & Administration Gunter Newsom. Acting Building Inspector John Steely, Chief R. E. Fire Chief Don Atkinson. Director of Public Works James . Acting Director Parks & Recreation Sherry Reavis. Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Jim Hawkins. followed by the pledge to the flag. Re orts: William Dillard, 3199 Highland Drive asked for a variance in build a patio at his residence. He had letters from the adjoining neighbor stating he had no objection to the open patio being built within two feet of the property line. Mr. Dillard said he had talked with the Permit Depart- ment but could not get to the office before it closed today. and wanted to start (Continuation of April 17. 1978 Meeting) Rem Bennett. Chairman of the Inspection Department, said he thought this should go through the proper channels. Jim Tolleson said he could wrong and made a motiont:he variance be granted. Bill Darby seconded Rem Bennett said hew<:ts . against rushing this through, that he should an application. it should have been checked and presented by the Jim Hawkins <:tgreed. After further discussion Mayor Johnson a vote which carried 4-3. Jim Tolleson, Bill. Darby, Jerry Mills and Elbert Coalson voted for. Rem Bennett, Jim Hawkins and Jack Shinall voted against. Mr. Dillard was instructed to have the signature of his neighbor notarized and get all the papers into the Permit office first thing tomorrow morning, and pick up the permi t . Request for Privileged Licenses (1) Wine Pouring License, Tony's Pizza. 1024 Cherokee Road. Mary C. Menendez, applicant. Chairman Rem Bennett read a letter from Police Chief R. E. Little that investigation by his department did not reflect any facts that would bar the applicant from obtaining a license. Rem Bennett made a motion a Wine Pouring License be approved for Mary C. Menendez, Tony's Pizza. Jack Shinall seconded the motion and the vote was 7-0. (2) Malt Beverage Retail Package License, Tenneco Retail Service, 2410 South Cobb Drive, Henri Chatent Etzler. applicant. Rem Bennett read a letter from Police. Chief R. E. Little stating that an investigation by his department did not reflect any reason why a license should not be granted to this applicant; however, the facts involved here are that the applicant was a license holder at this address through December 31, 1977, at which time the company decided to take the malt beverage products out of their store at this location. Approximately three months later the decision was made to put malt beverage products back in the and the applicant submitted the new application now in question. It Council mayor may not view these circumstances as a revocation 3-39 (d) of the ordinance, which reads as follows: "Any person hereunder shall be required to renew his license on or before January . on forms prescribed by the governing body. Failure to payor renew on or before January thirty-first shall automatically revoke said Attorney Camp stated this section states January thirty-first is the very. last day a business can operate under a license that should be renewed. point any application would be treated as a new application. Since did not intend to renew the old application it was null and void on January thirty-first and should not affect the new application. After further discussion Elbert Coalson made a motion the license be denied. Jim Hawkins seconded the motion. Rem Bennett said he had always been against having beer in stations. Referring to the application, Jerry Mills asked why Section (b) of question 4, distance from church, was not checked. Chief Little said the had been cleared. Jack Shinall said he was not against beer in service , but since this did conflict with his occupation, or where he worked, he would have to abstain from voting. Jim Tolleson said he could see no reason this should be turned down. Elbert Coalson said the reason he made the motion was be~ause he did not think filling stations should sell beer. Jim Hawkins and Jerry Mills said their concern was that the application was not complete. Jerry Mills made a motion this request be tabled. Vote on the motion to table was 3-3-1. Jerry Mills, Jim Tolleson, and Bill Darby voted to table. Rem Bennett, Jim Hawkins and Elbert Coalson voted not to table. Jack Shinall abstained. Mayor Johnson voted to break the tie, voting to table. Final vote 4-3-1. The request was tabled until the next council meeting. Jim Tolleson made a motion this be brought back off table. The applicant, Mr. Etzler, asked why it was tabled. Rem Bennett said the reason was the application was not complete. Jerry Mills said that with each new application a plat should be attached. Mr. Etzler said he thought there was a plat on file, attached to previous application. Jim Tolleson asked if he had not been granted a license this location before. Mayor Johnson advised that beer had been sold here in the past, beer sales had been discontinued, and they have made application to start selling it again. Jim Hawkins said this new application, therefore without a plat attached, it was incomplete. Mr. stated he was told by the License Department that a plat was not needed, since they had had an application there before. The motion to bring this request off table was seconded by Bill Darby. Motion failed by a 2-4-1 vote. Jim Tolleson and voted for. Jerry Mills. Elbert Coalson, Jim Hawkins and Rem Bennett voted against. Jack Shinall abstained. Request tabled until the next meeting. Stores, Inc....3809 South Cobb Drive at King Springs Plaza, applicant. Rem Bennett read a letter from Chief Little stating by his departm.ent did not reflect any reason that a license granted to the applicant; however, there is a factor involved that (Continuation of April 17, 1978 Meeting) Council might need to clarify with respect to the City Ordinance. The applicant ted a license for this location on July 18, 1977 but did not open for thin the six months period required by City Ordinance, Section 3-37, paragraph (a); therefore the license would be null and void. The applicant did not reapply by January 31. 1978 as required by Section 3-39. paragraph (d) of the City Ordinance. This brings about the question, "Can a license which has been declared null and void by an ordinance be revoked?" It appears that Council would need to resolve and clarify any conflict that might exist between Section 3-24. paragarph (2) and Section 3-39. paragraph (d) before issuing a new license. Rem Bennett asked Attorney Camp if a license could be revoked if it was never issued and the answer was no. Bill Darby made a motion the application be approved. Jim Tolleson seconded the motion. Jack Shinall asked if a plat was attached to the new application. David B. Gray, the applicant, stated there was a plat attached to the application when he submitted it to the License Department. He had a copy of the plat and presented it to Council. He also stated the reason the store had not been opened was because they were making some changes inside the building as well as a slight change in the corporate structure. He had discussed this with former Inspector David Granade and they decided to let the old license expire and reapply when they were ready to open. Jerry Mills pointed out that Section 3-9 (b) of the Code of Ordinances stated the Fire Department shall inspect such premises and report its findings to the governing body. All premises licensed hereunder shall conform at all times with all fire regulations of the city. Bill Darby said he thought the entire building was already approved for occupancy. Mr. Gray said they had an occupancy certificate already. issued by the City of Smyrna. Jim Tolleson asked what process was used to notify the Fire Department to inspect a building. Bill Darby said the city should have sent the Fire Depart- ment out. and if we did not it was not the fault of Mr. Gray. Mr. Gray said it seemed to him. the only thing being said was that there had not been a fire inspection since they submitted the new application. Bill Darby motioned to amend his original motion to approve, contingent to approval of the building by the Fire Marshal. Jim Tolleson seconded the motion. The motion failed on a 3-4 vote. Bill Darby. Jim Tolleson and Jack Shinall voted for. Jerry Mills, Jim Hawkins, Elbert Coalson and Rem Bennett voted against. Jim Hawkins, in checking the plat, said he did not see any measurements of distance written on the plat. According to the plat. there is a driveway running through the parking lot to King Springs Road, and there is a house directly across the street. He thinks someone should measure this distance from the front door of the store. through the driveway to King Springs Road. and to the house, since a driveway is a means of travel. Mr. Gray said the surveyor had certified that it meets all the distance requirements of the city and the state. Mr. Hawkins said he thought it would all depend on the surveyors interpretation of the nearest means of travel. Jack Shinall made a motion this request be tabled until the actual footage to the nearest residence is presented to Mayor and Council and the fire certificate is attached. The, to table failed by a 3-4 vote. Jack Shinall, Jerry Mills and Rem Bennett o table. Jim Tolleson, Bill Darby. Elbert Coalson and Jim Hawkins voted Mayor Johnson said all we are trying to do is stay inside the boundaries of th law and at the Same time protect the people. Mayor Johnson called for a vote on the motion to approve the application. The motion failed 2-5. Bill Darby and Jim Tolleson voted for. Jerry Mills, Jim Hawkins, Jack Shinall, Elbert Coalson and Rem Bennett yoted against. Mr. Gray asked if they could come back for a rehearing. He was told it would be twelve months before it could be heard again. Mr. Gray asked on what grounds the license was denied. He was told the grounds for denial were in the minutes and he could pick up a copy. He said if they knew the reasons for denial. maybe the problems could be resolved. st: Daniel T. Power, 908 Magnolia Drive, requested a resi order to operate an Audio Visual Rentals service from his home. Mr. Power stated he would only be making telephone solicitations from his home. no walk-in traffic, deliveries or pickups. Rem Bennett, Jerry Mills and Jack Shinall said they were not in favor of residential business licenses, as they felt this was being unfair to businessmen who were paying for rental space. Rem Bennett made a motion the license request be denied. Jerry Mills seconded the motion. During discussion, Mr. Power said his attorney had advised him to get a business license, and he needed one in order to join the Chamber of Commerce, etc., and also for tax purposes. He was advised that if all he was going to do from his residence was solicit from his home phone, he did not need a license from us. After further discussion Mr. Power withdrew his request. Rem Bennett withdrew his motion and Jerry Mills withdrew the second. s: Police Cars: Kelly Chrysler Plymouth Chrysler Corporation Nalley Chevrolet Day's Chevrolet Strother Ford 3 White 1 Blue No bid factory closed for remodeling No bid this late date No bid minimum time - three months No bid no longer a 121 in wheelbase unit $17.561.67 (3) $5,816.34 (1) (Cont~nuation of April 17, 1978 Meeting) said we could buy the State Contract cheaper thal1 the bid that General Dodge was changing to smaller automobiles. made a motion be turned over to the Police Committee and action. Rem Bennett seconded the motion. After discussion Jim amotion to amend the above motion that no action be taken before back before full council. Jerry Mills seconded the motion and was 7-0. Vote on the main motion was 7-0. (2) 1978 Backhoe: Metropolitan Tractor Co. Case W. C. Caye & Co. Cobb County Tractor Co. Tractor Co. Inc. Tractor Co. Witch of Georgia $30,281. 00 27,373.00 No bid 29,400.00 21.142.00 No bid 34,800.00 No bid John Deere 510 Loader Case Model 680E Tractor-Loader-Backhoe Model 750 Ford Tractor-Loader-Backhoe International 270-A Diesel Massey Ferguson MF 80 Jerry Mills made a motion bids be turned over to the Street Committee for review and letting of bid. Jim Hawkins seconded the motion and the vote was 7-0. (3) 1973 Backhoe (surplus): W. C. Caye & Co. Atlantic Equipment & Mach. Dan Joslin Steve Buggay No bid $3,425.50 2,660.00 3.625.00 Jerry Mills made a motion bids be turned over to committee for review and awarding of bid. Jim Hawkins seconded the motion which carried 7-0. upon building permits were presented by Acting Inspector John Steely and recommendations the following action is recorded: was made by Lee Eubanks to erect a building at 1650 Spring Road. some question about the buffer requirements and this request was to the next meeting. No action was taken. (2) 3150 for Corporation requested a site plan approval for a water slide at Cobb Drive. This is v?-cant property and meets the zoning requirements Rem Bennett made a mot.ion the site plan be approved. Jim Hawkins the motion and the vote was 7-0. Water from the slide will be controlled retention pond and he will have a recirculation pump to recycle the water. in a (3) RidgeYiew Institute requested.?- building permit to erect an o:!"fice building adjacent to the hospital at 3995 South Cobb Drive. They presented a complete set of plans other than the sprinkler system layout. Jack Shinall made a motion the be granted. subject to the Fire Marshal's approval of the spr~nkler system. Jim Hawkins seconded the motion and the vote was 7-0. Mayor Johnson called a short recess at 9:00 p.m. Reconvened at 9:07 p.m. asked the Police Committee and Mayor Johnson to meet with him after this meeting. asked Inspector John S:teely to explain the Metropolit.an Area Electric Mr. Steely s?-idthe city was a member of the Area Electric and he asked the current amendments be adopted by the He amendment was the result of some happening and he reco~ended they be Rem Bennett made a motion we adopt the amendments to the Metro Area up to March 16, 1978. Elbert Coalson seconded the motion and the vote was 7-0. stated that Mr. Spring Street, for to study Potts. owner of the property directly behind the help of city officials in providing building. Mr. Mills asked the Public and their recommendation is as follows: North side of west-bound traffic - parking will be allowed up to the Poss building. South side of east-bound traffic from Public Works Drive past Diahn's Answering Service -paJ:'"lcing will be allowed from 7:00 p.m. until Monday through Friday. Parking anytime on south side through and holidays. a motion of the Public Works Department be motion which carried 7-0. (Continuation of April 17. 1978 Meeting) Board Members: Board: The following members were appointed to the Ward 2 Ward 7 Nancy Puffe Danny Henderson Committee Re reported the finished in fifth training with the Civil Defense Committee - Civil Defense Director Jim Farley er Post participated in a Road Rally, and the Explorer Group place and the Advisory Group came in first. They are continuing y field workers and beginning next Monday will be working rtment on fire prevention. Police Comm- - Police Chief Little stated that under the State Contract we can get the LTD II for $5251.00. which has 118-inch wheel base and a two- barrel carburetor. He said they needed cars that would accelerate quickly in order to eliminate chases and enable them to work in and out of traffic quickly, in emergency matters. Chief Little said that if the cars are not ordered by the 20th of April, he had been advised it would be late fall before delivery could be made, but if ordered now under the State Contract, the cars will be delivered within eight weeks. Elbert Coalson made a motion to reconsider the amendment made to the motion when the police car bids were opened, stating no action would be taken on the bids until they had been brought back before full council. Jim Hawkins seconded the motion, which carried 7-0. Elbert Coalson made a motion. seconded by Jim Hawkins, that the above mentioned amendment to the main motion be struck. Vote on the motion was 7-0. -ttee - Jack Shinall stated he hoped we would move to adopt an ordinance temporary building permits. He read a letter from John Steely to P & G Motors 635 South Cobb Drive. giving thempermission to operate out of the temporary building period not to exceed six months. This business should be occupying building within one year from the date the business license was issue March 27. 1978; if not, they will be in violation of Sections 1209, 1302. 1306. and 1370 of the Code of Ordinances. and Section 103.4 of the Southern Standard Building Code. Jack Shinall reported the pump station on Woodland Trail had been in use eighteen (18) years and must be rebuilt or replaced. It is worn out. not doing the job, and we have been contacted by EPA to take action. The pump was built and installed by Burford-Hall & Smith, Inc. and they are the only source for parts. They have offered to rebuild the station for $6940.00. To change brands at this point would cost approximately $25.000. It was agreed that since Burford-Hall & Smith was the sole source of purchase, bid requirements would be waived. Jack Shinall made a motion we spend $6940.00 to rebuild the pump station on Woodland Trail, work to be done by Burford-Hall & Smith. since they are the only supply source. Jim Tolleson seconded the motion and the vote was 7-0. To be paid from Water Revenue Funds. Finan mmittee - Bill Darby reported we had been notified our Revenue Sharing Funds woul e cut approximately $30,000 for the next entitlement. and asked this be kept in mind when setting up capital expenditures in the new budgets. Gunter Newsom explained the allocations were based on (1) population, (2) estimated per capita income. The data sent to us lists an increase of $331 per capita increase and a decrease in population from the 1970 census. The population figure has already been protested to the Bureau of the Census. and a letter has been mailed to the Revenue Sharing Office protesting again the population figure, also the per capita income figure. primarily based on the methodology used. voted affirmatively for the liquor license for the Red Dbt rings Plaza and he made a motion for reconsideration. the motion. Mr. Coalson stated he had changed his mind because he was advised we could not win a court case, since we had already approved an application for this location. and he did not want to spend tax payers money if we could not win. Jerry Mills said we would be going against the ordinance, from the Fire Department standpoint, since the ordinance said the Fire Department must inspect the building with every new application; also, according to the City Charter, Section 33. the Mayor shall appoint such committees as shall be provided for by ordinances, or as he may think necessary. and the said Mayor and Council shall by proper ordinances prescribe their duties; Rem Bennett is Chairman of this cOlmnittee and he did not bring this up; the agenda says committee reports. not any committee report. Mayor Johnson said it was brought up under committee reports, but it could have been brought up later. Rem Bennett asked that if at any council meeting, if someone feels low about voting a certain way, it will be brought up and voted on again. Mayor Johnson said that according to Robert's Rules of Order, Mr. Darby can bring this up again. Jerry Mills said he was not (Continuation of April 17, 1978 Meeting) in until all the pepple were gone and try to slip.~9mething in Jim Hawkins said he voted against the motion because he question- ed the distance to homes, and until it is remeasured he cannot reconsider. The motion tP .reconsider carried by a 4-3 vpte. Jack Shinall, Elbert Coalson, Bill Darby and Jim Tolleson voted to reconSider. Jerry Mills, Jim Hawkins and Rem Bennett voted against. The main motion was made by Bill Darby to approve the application. It was seconded by Jim Tolleson. The motion lost on a 3-4 vote. Bill Darby, Jim Tolleson and Elbert Coalson voted for. Jack Shinall. Jim Hawkins, Jerry Mills and Rem Bennett voted against. Mayor Johnson read a resolution the City of Smyrna has applied for Certification to the Georgia Municipal Association, Georgia Power Company and Georgia Tech's Economic Development Laboratory, all sponsors of the Certified CitiesP;rogram, also declaring April 22. 1978 as cleanup day in the City of Smyrna. He thanked the Certified Cities Committee, Nancy Puffe, Katie Johnson, Shirley Vennell and Linda Wells for doing an outstanding job. Meeting adjourned at 9:55 p.m.