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May 1/15/18, 1978 Council Meeting CITY MARSHAL so solemnly swear that I will well and of the City 0:1; Smyrna for the ensuing enforce Charter and Ordinances of my ability. fear or favor. and in all as I believe best interest of the said (Seal) Subs cribed me this 15th before 1978. BUILDING INSPECTOR so solemnly swear that I will well and tnspector of the City of Smyrna for the enforce the Charter and Ordinances without fear or favor. and in all I believe for the best interest of (Seal) sworn to before of May, 1978. May 1. 1978 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 1. 1978, City Hall. Smyrna, Georgia. The meeting was called to order by presiding offi yor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also pres ity Attorney Charles Camp. City Clerk Willouise Spivey. Director of Finance & Administration Gunter Newsom. Police Chief R. E. Little. Fire Chief Don Atkinson. Act- ing Director of Parks and Recreation Sherry Reavis, Assistant Public Works Director Vic Broyles and Acting Inspector John Steely. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Citizens Reports - Jim Martin. representing the Smyrna Girl's Softball Association re- quested permission to hold a parade on May 13, 1978, forming at Smyrna Drive-In at 9:00 a.m., south on Atlanta Road to Spring Road. east on Spring Road to Jonquil Park. He ex- tended an invitation to Mayor and Council to take part in the parade. Elbert Coalson made a motion the parade be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. Mayor Johnson stated the Supreme Court of Georgia had ruled a certain section of the Cobb County Alcoholic Beverage Ordinance as unconstitutional. This same section is a part of the City of Smyrna Alcoholic Beverage Ordinance. and to comply with this ruling and make our ordinance constitutional. we must delete from Section 3-26. paragraph (9) and from Section 3-30. the following wordage: "This provision shall apply if a majority of the owners of the land zoned for residential purposes as herein defined attend the public hearing as hereinafter provided either in person or by attorney or by representative and object to the issuance of the license; provided;" Rem Bennett read Section 3-~6. paragraph (9) and Section 3-30. as they stand after the deletion as stated above. and made motions they be approved as read. Jerry Mills seconded the motions which carried by 7-0 votes. Jim Hawkins said section of the Alcoholic Beverage Ordinance were vague and hard to de- fine. He proposed to amend Sections 3-1; 3-26. subsections 8 and 9; 3-30 and 3-31. Jim Hawkins read and made a motion, Section 3-1, Definitions, be amended to read as follows: "Distance - The measurement in lineal feet from the center of any door of customer entry of the proposed premises of licensee to the nearest property line of any church, library. school. college. public park, public housing. public hospital or private residence as defined herein. A radius shall be measured from the center of any door of customer entry of the proposed premises of any licensee to the nearest property line of any church, library. school, college. public park. publj_c housing. public hospital or private residence as defined herein." Jack Shinall seconded the motion. After discussion, Jack Shinall made a motion this item be tabled for further review. The main motion and second was withdrawn. Jack Shinall made a motion the Code of Ordinances be amended by deleting Section 22-6 in its entirety and replace with the following. to be effective June 1. 1978. "All accounts for water, sewer. and sanitation services shall be due and pay- able as of the billing date. Any account not paid within 45 days Tram the billing date shall be deemed to be delinquent. Provided however, that in the event any person to whom water, sewer or sanitation services are furnished shall dispute. in writing. the amount of their bill within 45 days of the billing date, the account in question shall not be considered delinquent until final determi- nation of the disputed claim or account. The written dispute shall be submitted to the Director of Finance & Administration who shall make a written determination of the dispute within ~4 ca~endar days from the date the written dispute was re- ceived. Should the customer appealing still disagree with the determination of the Director of Finance & Administration, the next appeal is to the Mayor and Council and this shall be conducted at the next regularly schedu~ed meeting of the Mayor and Council fol~owing the determination by the Director of Finance & Administration." Jim Tolleson seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion the Code of Ordinances be amended by adding Section 22-8 as follows: "All applications for water, sewer, and sanitation services sha~~ be. signed by the owner and the applicant and shall include. but not be limited td~"the following: The undersigned hereby understand and agree. in consideration for services and materials performed or to be performed by the City of Smyrna and the mutual benefits to each of the undersigned to the other, that all unpaid bills for water. sewer, and sanitation services shall constitute a lien on the (Continuation of May 1, 1978 Meeting) property to which they are fur~ish~d and shall be of equal dignity with ad valorem taxes and shall also be and remain the personal obligation of each the undersigned. jointly and severally. to said City. Further. the understand that the City of Smyrna has the option but not obligation in addition to other remedies to refuse or discontinue service to either the individual or the property where any bill for ser- vice remains unpaid for a period of (45) days." Jim Tolleson seconded the motion. During discussion Jim Toll_eson asked what would happen with out of cown ownership rental houses. Would the renter have to wait to get the owner's signature before we would service him with water? It was decided service could be given at the tim.e of application and a letter mailed to the owner for his signature. Jerry Mills stated he thought the citizens should be notified of these changes before they go into effect. Jerry motioned to amend the original motion to state the effective date would be June 1, 1978. Rem. Bennett seconded the motion. Vote on the amendment was 7-0. Vote on the original motion was 7-0. Jack Shinall made a motion the Code or Ordinances be amended by adding Section 22-9, to be effective June 1, 1978. which reads as follows: "All bills for water, sewer and sanitation services. when mailed during the course of business to the person or persons and at the address as appears on the application for service shall be deemed notice as provided herein without the necessity for further nocice by the Ci.ty. Unless other- wise specified, the property address shall be deemed the correct mailing address for applicant or owner." Elbert Coalson seconded the motion and the vote was 7-0. Jack Shinall made a motion the Code of Ordinances be amended by adding Section 22-10, to be effective June 1, 1978, as fol.lows: "If an account for water. sewer, or sanitation services becomes delinquent, the City shall have the option. but not the obligation. to proceed with any or eLll the following cumulative remedies against the person or persons to whom the services were rendered or against che owner of the property or both: (A) The City shall have the right to refuse or discontinue such services to the property until all delinquent bills and reconnecc charges are paid in full. (B) Delinquent bills shall and do hereby constitute a lien against the property of the same priority and with the same remedies available to the City as delinquent unpaid ad valorem taxes owed to the City; including foreclosure through judicial processes. (C) In the event any application for service is made by an individual as lessee of property where service has been refused or discontinued for non-payment of delinquent bills, such tenant/applicant must enclose with such application the cost of installation of a new separate meter for such service. (D) In addition to the other remedies, but not by way of limitation, the City shall have the right to proceed for collection of all past due or delinquent accounts for water, sewer. or sanitation services through all legal. rem~dies, including suit at law against the applicant, the owner of the property, or both jointly and severally." Jerry seconded the motion which carried 7-0. Jack Shinall said that too many people were not paying their bills and this is the reason for the changes. A five minute recess was called and the meeting reconvened at 8:05 p.m. Commercial building permits were presented by John Steely and upon his recommen- dation the following action is recorded: (1) Club Approval of a site plan was requested for the West Smyrna Swim and Tennis on Willowbrook Drive. The reqqest complies with all zoning and city and he recommended it be approved. During discussion it was brought to the Club would/be the old Turley Road. off North Cooperlake county. John Steely said there would be natural buffers and the the tennis court were so situated they would not bother anyone. but be provided if necessary. The Club asked for a in order to tank until lines were nearer. Griffin. (Continuation of May 1. 1978 meeting) representing the Club. stated County sewerage was available at a distance of about 800 or 1000 feet, which would be a great expense at this time. Don Lillie. s for the opposition, said this section was one of the finest in the city and he t a private club would be detrimental to the citizens. He was concerned about the liability of the citizens with children cutting across their property on their way to the Club; the water shed; what would happen if the Club failed or closed; and he did not feel the present planned entrance to the Club was legal. Attorney Griffin stated that Mr. Johns had guaranteed ingress and egress to the property. Jerry Mills stated he was not against the Club. but was not familiar with the site and made a motion this be tabled at this time. Motion died for lack of a second. In answer to a question by Don Lillie. no members of Council are members of the Club. Attorney Griffin said it would be a nice facility and at this time they were only asking approval of the site plan. Rem Bennett made a motion the site plan be approved. Jim Hawkins seconded the motion. Vote on the motion was 5-1-1. Jim Tolleson, Bill Darby, Jim Hawkins, Elbert Coalson and Rem Bennett voted for the motion. Jack Shinall voted against. Jerry Mills abstained. (2) The Pyramid Corporation requested a building permit for a water slide at 3150 South Cobb Drive. The site plan was approved at the last meeti"ng. Plans had been approved by the Fire Marshal and the Building Inspector recommended the permit be approved. The Inspector had advised the company that a fence would be required around the retention pond. Also they had applied to Cobb County for a septic tank, since the nearest sewer line was approximately 800 feet. Vic Broyles said he did not think Cobb County would approve a septic tank since sewerage was available. Jack Shinall made a motion the permit be granted with the stipulation they would tap onto the sewerage line. The motion was withdrawn. Rem Bennett made a motion the building permit be granted. Jim Hawkins seconded the motion which carried by a 7-0 vote. (3) Quality Partitions requested a permit to remodel a building in Grant City, 3242A South Cobb Drive, to be used as a Top Value Stamp Redemption Center. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be granted. Bill Darby seconded the motion and the vote was 7-0. (4) Burger King Corporation requested a permit to build a drive-in window at their location on Atlanta Road. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be approved. Jack Shinall seconded the motion and the vote carried 7-0. (5) McDonald's requested a permit to build a drive-in window at their location on Cherokee Road. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be granted. Elbert Coalson seconded the motion which carried 7-0. (6) The Flagler Company requested a permit to divide Cobb Center Theater into two mini theaters. Plans had been approved by the Fire Marshal and Building Inspector. Jerry Mills made a motion the permit be granted. El"bert Coalson seconded the motion which carried by a 7-0 vote. (7) Lee Eubanks requested a permit: to build a commercial garage at 1650 Spring Road. Plans had been approved by the Fire Marshal and the Building Inspector. Mr. Eubanks had written a letter stating he would c9mp]:y"withcall buffer require- ments. Jim Tolleson made a motion the permit be granted. Rem Bennett seconded the motion and the vote was 7-0. (8) Gary Whitman, White Advertising Company, requested a permit and variance to install a billboard type sign at the corner of Hargrove Road and Highway 41. The variance would be for a 50-foot height, and our ordinance states 35 foot maximum. After further discussion. Jerry Mills made a motion, citing Sections 6-l05 and Section 1303 of the Code of Ordinances. that the request be denied. Jim Hawkins seconded the motion and the vote was 7-0. On motion by Elbert Coalson, seconded by Jerry Mills, May 15, 1978 was the date set to hear the appeal of the decision of Recorder's Court. filed by Marvin Brown. Vote on the motion was unanimous. Jim Hawkins made a motion the minutes of April 3. 1978 be approved as corrected. Jim Tolleson seconded the motion and the vote was 7-0. Jim Hawkins made a motion the minutes of April l7. 1978 be approved as corrected. Elbert Coalson seconded the motion and the vote was 7-0. Jerry Mills made a motion the minutes of April 24, 1978 be approved as submitted. Bill Darby seconded the motion and the vote was 7-0. (Continuation of May 1, 1978 Meeting) made a motion that we readvertise and reopen the hearing for the license for the Red Dot Package Store in King Springs Plaza, this rehearing to be at the next council meeting May 15, 1978. Elbert Coalson seconded the motion. After discussion Mayor Johnson called for a vote which carried 6-1. Jim Hawkins voted against the motion. Parks Committee: Jim Tolleson reminded council of interviews with Parks and Recreation Director applicants on Saturday morning at nine, ten and eleven o'clock. Sherry Reavis reported the Craft. and Antique Fair was held April..29-30, the adult softball teams are in the third week of play at King Springs Park, the county- wide Senior Citizens Event would be at the American Legion on May 2nd at 11:00 a.m. and the Youth Track Team will be going to District Track Meet at Dalton on May 6th. Mayor Johnson reminded Council of the GMA Meeting in Rome on May 3rd. Meeting adjourned. ************************ May 15. 1978 The regular scheduled meeting of Mayor and Council was held at City Hall. Smyrna, Georgia on May 15, 1978. 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 (5, Administration Gunter Newsom, Police Chief Everett Little. Fire Chief Don . Pu.blic Works Director Jim David, Acting Parks & Recreation Director Sherry Reavis, Inspector John Steely, Civil Defense Director Jim Farley and repre- sentatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. Hearin~ - Appeal of the Decision of Recorder's Court: Marion A. Brown. Docket #33095. Police Officer A. J. Osteen, Marion A. Brown and two of his witnesses, Mrs. Kathy Brown and Patricia Haygood were sworn in by City Attorney Charles Camp. The charges against Mr. Brown were driving without drivers license on his person and reckless driving (spinning tires). These charges were merged in Recorder's Court. Mr. Brown stated he was washing his car in the driveway, on an incline. and a rock under the front tire for safety. He cranked the car. forgot to the rock, and as he drove over it his tires did squeal and the car The police officer asked to see his drivers license and he could not remember if they were under the car seat or at his mothers house. He stated the officer did not give him a chance to find. them. Kathy Brown, his wife, later produced the license which she said she found under the car seat. Officer Osteen to the house to get her license to drive the car back, went to the the right door, and he assumed she looked under the car seat. At did produce his license. Officer Osteen said Mr. Brown was very and he brought him to the station but he was not booked. After cussion Elbert Coalson made a motion to uphold the decision of Recorder's to suspend the sentence. refunding the $55.00 fine. Jim Hawkins seconded which carried by a 5-2 vote. Jerry Mills and Rem Bennett voted against the License requests: (1) The rehearing for the liquor,beer and wine for Red Dot Package Store, 3809 South Cobb Drive, David B. Gray, was heard. Rem Bennett read the letter from Police Chief Little, 5, 1978, in which he stated the investigation by his department did any reason that a license should not be granted to the applicant; how- ask for clarification of Section 3-37, paragraph A. Section 3-24, paragraph 2 and Section 3-39. paragraph D of the Code of Ordinances. Mayor Johnson showed a plat of the property which showed the exact distances. Rem Bennett made a the license be approved. Jerry Mills seconded the motion for discussion. Jim stated that in his opinion the application was still not complete. After further discussion Mayor Johnson called for a vote, which carried 5-2. Jim Hawkins and Rem Bennett voted against the motion. (Continuation of May 15. 1978 Meeting) (2) The request for a Malt Beverage Package license for Tenneco Retail Service Co., 2410 South Cobb Drive. Henri Chatent Etzler. applicant. was brought off table by a motion by Rem Bennett, seconded by Bill Darby. The vote carried 6-1. Jack Shinall abstained. Rem Bennett read the letter from Chief Little, dated ApriJ_ 5. 1978, stating an investigation by that department did not reflect any reason why the applicant should not be granted the license; however, he did ask clarification of Section 3-39, paragraph D, of the Code of Ordinances. After discussion Rem Bennett made a motion the license be granted. Jim Tolleson seconded the motion which carried 6-1. Jack Shinall abstained. (3) A Liquor and Beer Pouring license was requested by Bobby Martin's Night Light Club, 1022-19 Cherokee Road, Ronnie Boone. applicant. Rem Bennett read a letter from Police Chief Little stating an investigation by that department does not reflect any factors that would bar the applicant from obtaining the requested permit for the license. Jerry Mills, in reviewing the application. noted it was checked as a night club. dancing and live entertainment. therefore, would not comply with Section 3-5 of the Code of Ordinances, and more specifically Section 3-25 of the Ordinance, which reads as follows: "No application for any license to sell spirituous liquors by the drink shall be granted unless the following conditions are met: (1) Licenses shall be granted only to private clubs or restaurants as defined hereinbefore or to lounges operated in conjunction with such restaurants with direct access between the lounge and restaurant. (2) At least sixty (60) per cent of the business by volume shall be from the sale of prepared foods to be consumed on the premises except private clubs. Authorized officials of the city may examine the records of businesses licensed hereunder at any reasonable time to ascertain that the require- ments of this section are met. (3) The dining area or serving area of any business licensed hereunder must have a minimum seating capacity of forty (40). (4) All establishments licensed to pour spirituous liquors shall submit a quarterly audit prepared by the licensee's bookkeeper or accountant on forms approved by the city for the sales of spirituous liquor by the drink and food prepared on the premises and soft drinks to the alcohol control committee no later than the last day of the months of April, July, October, and January of each calendar year. The city reserves the right to require, for any reasons deemed necessary by the city, a certified audit of sales of food and drink." Jim Hawkins made a motion the license be denied for the above stated reasons. Jerry Mills seconded the motion. Mr. Boone stated they did plan to serve food, but it was not checked on the application for the alcoholic beverage license. After further discussion vote on the motion was 5-2 to deny. Jim Tolleson, Jerry Mills, Jim Hawkins, Jack Shinall and Rem Bennett voted for. Bill Darby and Elbert Coalson voted against. (4) A Beer Pouring license was requested for Rodeo Restaurant, 3295 South Cobb Drive, Donald E. Kaufman, applicant. Rem Bennett read a letter from Police Chief Little stating an investigation by his department did not reflect any factors that would bar the above listed applicant from obtaining the requested license. Bill Darby made a motion the license be granted. Jim Tolleson seconded the motion. Jerry Mills stated that although the application meets all the requirements. our Code of Ordinances state that on consideration of any new request for an alcoholic beverage license. the applicant must be present. Jerry Mills made a motion to table this request until the applicant could be present. Jim Hawkins seconded the motion and the vote to table carried 6-1. Jim Tolleson voted against. Rem Bennett announced that John Steely had arranged his schedule whereas he could continue as City Inspector and he made a motion John Steely be appointed as permanent part-time Inspector for the city, also that he be appointed as a City Marshal. Elbert Coalson seconded the motion which carried 7-0. Mayor Johnson administered the oath of office to John Steely as City Inspector. again as City Marshal. C. Lamar Dickson requested annexation of a parcel of property, 140.0' located in LL 412 at the corner of Smyrna Hill Drive and Radcliff Road. Jack Shinall made a motion this property be annexed into the city and become a part of Ward 7. Jim Tolleson seconded the motion and the vote was 7-0. (Continuation of May 15, 1978 Meeting) were pxesented by John Steely and upon his recommen- is recorded: (1) C. Lamar Dickson requested a variance of 4.600 square feet on the property just annexed, in order to build an automobile car wash. Our ordinance calls for 20.000 square feet for General Commercial zoning classification and his property is 15.400 square feet. Rem Bennett made a motion the variance be granted. The motion was seconded by Bill Darby and carried by a 7-0 vote. (2) StandaXd Oil requested a permit to remodel their station at 2517 Spring Road to a self-service station. Elbert Coalson made a motion the permit be approved. Jim Tolleson seconded the motion which carried 6-1. Jack Shinall abstained. (3) Rodeo Restaurant requested a permit to remodel the b~ilding at 3295 South Cobb Drive. Rem Bennett made a motion the permit be approved. The motion was seconded by Jim Hawkins which carried 7-0. (4) John Hardman, 2634 Birch Street. requested a side yard variance in order to build a utility building within five feet of the property line. A letter from his adjoining neighbor, Larry Neal of 2626' Birch Street, stated he had no objection to Mr. Hardman building within five feet of his property line. Jack Shinall made a motion the variance be granted. Jerry Mills seconded the motion and the vote was 7-0. (5) Corporation requested a variance to install a septic tank, for a (6) months only, on property located at 3150 South Cobb Drive. David Reynolds. representing the company. stated Cobb County would issue an approval for a septic tank and that. they would hook on to the sewer line after a six month period. Jerry Mills made a motion the septic tank variance be approved for a period of six months only. subject to a letter from Cobb County approving the tank. Jim Tolleson seconded the motjon which carried 7-0. Jim Hawkins made a motion the Alcoholic Beverage Ordinance, Section 3-1. be amended to read as follows: The measurement in lineal feet from the center of any door of entry of the proposed premises of licensee to the nearest property any church, library, school. college, public park, public housing, hospital or private residence as defined herein. A radius shall be from the center of any door of customer entry of the proposed premises of any licensee to the nearest property line of any church, library, school, college, public park, public housing. public hospital or private residence as defined herein." Motion died for lack of a second. Mayor Johnson appointed Councilmen Jim Hawkins from Ward 4 and Jim Tolleson from Ward I as the Task Force to work on annexations. He called on all council- men and parties inside and outside the city to assist these men anyway they can. read a Proclamation, "Parks and Recreation Month", and made' a motion we the resolution calling out June as Parks and Recreation Month. Jerry Mills seconded the motion and the vote carried 7-0. Committee reports: Elbert Coalson reminded everyone of the Raft Race next Sunday. He also urged all members of Council to attend the Smyrna Community Theatre presentation on Thursday night. Water Committee: Jack Shinall reported he was conducting an ongoing study in the Water Department and hoped to be able to present a report within thirty days. mative. for his Jim Hawkins reported he and Chief Atkinson attended the 7th Association meeting last Wednesday and found it very infor- also reported Chief Atkinson was highly respected in the Association work and many years of servi~e. Streets Committee: Jerry Mills stated a bush hog had been approved in the Revenue Sharing budget. previously he made a motion we ask for bids to be opened at; the next council meeti.ng. Jack Shinall seconded the motio.p- and the vote was 7-0. Jer:t:"Y Mills reported we had been asked to consider requesting the sale of alcoholic beverages on Sundays, on the August 8, 1978 ballot. (Continuation of May 15, 1978 Meeting) Administrative Committee: On request by Bill Darby, Gunter Newsom reported the budgets were being compiled and he hoped to have the first copy ready for review next week. Bill Darby questioned whether or not the applications for alcoholic beverage license were being checked thoroughly before coming to Council, since one had been tabled and one denied because the applications were not complete. Discussion followed and he was assured they would be complete in the future. Parks Committee: Jim Tolleson thanked Mayor Johnson for appointing him to the Task Force to work on annexations. Jim reported a score box window at King Springs Park had been knocked out by vandals. It will take $300 to replace it. He warned Council they were really cracking down on vandals. Jim announced Asa Howard had been hired as the new Director of Parks and Recreation, effective June 5, 1978. Mayor Johnson announced the Annex Building was egged the night the article came out about cracking down on vandals. The Jonquil Breakfast will be May 18th and the next council meeting is June 5, 1978. Sherry Reavis read the Parks and 10th. Mayor Johnson and council as Acting Director. Recreation schedule for May 15th through June commended Sherry for the good job she had done There being no further business, the meeting adjourned at 9:19 p.m. ************************ May 18, 1978 A speCial called meeting of Mayor and Council was held May 18, 1978 at City Hall, Smyrna. Georgia. The meeting was called to order by presiding officer Mayor Frank Johnson at 4:45 o'clock p.m. Councilmen present were Rem Bennett, Elbert Coalson, Jerry Mills and Jim Hawkins. Jim Tolleson, Bill Darby and Jack Shinall were absent. Also present was City Clerk Willouise Spivey and Director of Finance and Administration Gunter Newsom. The purpose of the meeting was to hear the request for a Beer Pouring License for the Rodeo Restaurant, 3295 South Cobb Drive. Donald E. Kaufman, applicant. This request was scheduled to be heard May 15. 1978, but tabled because the applicant was not present. Rem Bennett made a motion this request be brought off table. the motion which carried 4-0. Jim Hawkins seconded Mr. Kaufman stated he was sure he was told to be at the meeting on May 15th but was upset about the building permit and did not remember. He said he did not intentionally miss the meeting. TIle Grand Opening of the Rodeo Restaurant is scheduled for June I. 1978. before the next scheduled meeting of Mayor and Council, and he was anxious to get the beer pouring license before the opening. Rem Bennett made a motion the license be approved. Jim Hawkins seconded the motion. During y Mills asked Mr. Kaufman if he was familiar with the ordi- nance and ted he read it carefully. Vote on the motion was 4-0. Meeting adjourned at 4:50 p.m.