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July 7/21, 1980 Council Meeting The regular meeting or Mayor and Council was heJ.d pursuant to the Charter on July 7. 1980 at City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present except for Jack Shinall who was on vacation. Also present was City Clerk Willouise Spivey. Finance Director Gunter Newsom. Al Cochran filling in ror City Attorney Charles Camp. Police Chief Everett Little. Fire Chief Don Atkinson. Water Department Super- visor Larry Dunn. Parks and Recreation Director Bill Johnston. Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Mr. Ellenburg of Howard's Furniture represented several merchants area protesting the recent adoption of the amendment to Section 6-95 of the sign ordinance. and asked that they be given the opportunity to speak. John Dickson of Dickson's Shopping Center asked that the sign ordinance be explained to them. Jim Hawkins stated the sign ordinance allowing for temporary signs was adopted prior to him coming onto Council. As of today, there are 49 signs in the City that are permitted, out of approximately 200 signs throughout the City. Our sign ordinance is very lax as compared to ordinances of some municipalities throughout this county. The portable signs were intended to be used as temporary signs, but most of the merchants are using them as permanent signs. and not permitting them. The purpose of this new ordinance was simply to cJ.ean up the City and make everybody live by the same rules. Elbert Coalson stated that in the future when ordinances are adopted which will affect the merchants of this city. it might be good to meet with them first and get their ideas. Mr. Ellenburg said he realized there were some problems with signs in the City, but he felt this ordinance was not properly advertised and a hasty decision had been made when it was adopted. Also, he felt the businessmen should have a say in this ordinance. Jim Hawkins said he would be happy to meet with the merchants, but he wished they had come forward prior to adoption of the ordinance. Jim said he would set up a meeting with them, and would notify everyone concerned of the date and time. Sue Brissey stated since there were so many merchants here tonight, she would like to ask their cooperation in keeping their store fronts and streets clean and asked why citizens were allowed to place signs on utility poles. Also, if the ordinances aren't going to be enforced, they should be eliminated. Nick Kipreos. owner of Fat Boy Restaurant. questioned the use of political signs in the City and it was explai.ned t::o. him that anyone seeking poli.tical office was required to post a $500 bond with the City to guarantee the removal of the signs. Mr. Kipreosalso complained of the cable reels stored in the Southern Bell parking lot next to his business. Mayor Johnson stated he did not think we were legally in a position to require their removal. as their zoning classification allowed for outside storage. Olivia Morris represented the Smyrna Swim Team Parent Association and said Smyrna was hosting the District Swim Meet on August 1st and 2nd. She asked Council to approve the purchase of an ad for their program at $150.00 for a full page. Elbert Coalson said. it had been the policy of Council to not purchase any ads, except for the Wills and Campbell Booster Club each year. and recommended that each Council member contribute $20.00 each to pay for the ad. which they did. Jack Beals, a resident of Spring Drive expressed his support for approval of the ordinance concerning vicious dogs which was on the agenda tonight, due to several incidences in his neighorbood recently. He.was concerned about some of the wording in the ordinance and the City's ability to enforce it. Mayor Johnson stated the most difficult part in enforcing the ordinance would be in defining a vicious dog, and after adoption of the ordinance it would have to be put to practical use to see if it would stand up. Mayor Johnson thanked Mr. Beals for his support. King Springs Baptist Church requested annexation of property on King ad, located in Land Lots 481, 527 and 528, the legal description read and part of the minutes of June 16. 1980. There was no opposition to the annexation. Max Bacon made a motion the property he annexed into the City, to become a part of Ward 2. John Steely seconded the motion which carried by a 6-0 vote. There were no commercial building permits. Max Bacon read the following proposed amendment to the Code 4, Animals and Fowl. Article II. Dogs. Section 4-31 and made a motion it be approved: (Continuaiton of July 7, 1980 dangerous or or not shall be be unlawful for , unless such dog is ities or tendencies whether vaccinated harbored any time within the limits of the to keep or harbor such dog within the confined withi.n a building or secure (d) of any vicious animal which is not confined in a building or secure or any person who shall release either willfully or through a failure to exercise due care or control or takes such animal out of such or secure in such a manner which is likely to cause injury to person or damage to the property of another person shall be in violation of this ordinance and said animal shall be permanently confined or humanely destroyed. (e) owner may be the or vicious running at large within has previous or notice that such dog is by any police officer or animal control worker of or worker having to catch or impound such dog. the after the or vicious the City without abnormal inclination to attack or bite persons or other animals shall be conclusively presumed to be dangerous or vicious dogs. which on more than one occasion exhibit vicious or destructivepropen- s tendencies including but not limited to threatening attitude chasing, biting, or otherwise attacking or attempting to attack any other domestic animal or human, shall be presumed to be a dangerous or vicious dog. (h) section shall not apply to guard dogs used by licensed security service or dogs used by law enforcement agencies. (i) receipt of a citation signed by two (2) or more residents each residing in separ.ate dwellings i.n the vicinity in violation and issue occurred, made under oath before a committing the and date of the act, the name of the owner of the of the owner and a description of the animal doing such act, Officer investigate the complaint to determ:ine whether violated ordinance. of Cobb County, which the stating address Control act complained of (j) the said animal attention of the Rabies Control Unit of vicious dog resides within the city limits of the be notified of such classification and thereafter within a fence or other structure with appropriate prevent harm to other citizens." the City that Smyrna, keep said posting of to seconded the motion to approve the amendment. There was further and questions from Mrs. Jack Beals concerning section (d) of the ordi- definition of a enclosure." Attorney Al that confined in a secure even though it had killed another that enclosure, the City would not have the power to remove the dog. law, a dog only has to bite once to be determined vicious and this actually stronger than the Georgia l.aw. It was Mr. 's opinion that it would be unconstitutional to have an ordinance any more stringent than this one. Following further discussion, vote on the motion to approve the amendment carr:ied by a 6-0 vote. Gene presented a status to each Council member h:is efforts State and Federal funds the City. Mr. McCord a grant for $84,500 had been submitted through the State Crime Commission for for the Police Department. and is finalizing this time grant application for fund:ing on the Pasadena Road project, should this week. There are other priority items that he is complexities they will not be date. Mr. McCord stated he was working very closely well as .State and Federal officials as needed. Mayor Johnson said a question and answer period later in the meeting, after everyone report. Elbert Coalson made a motion the minutes of June 2, 1980 be approved as submitted. Jim Tolleson seconded the motion wh:ich carried by a 6-0 vote. Elbert made a motion Max Bacon seconded the motion June 16, 1980 be approved as submitted. by a 6-0 vote. (Continuation of July 7. 1980 Meeting) Mayor Johnson stated the City owns a small lot adjacent to the Depot on Atlanta Road and Mr. J. C. Steinmetz. owner of the Depot had requested permission to lease this lot. to be paved and used for parking facilities. Mayor Johnson suggested our city attorney prepare a lease. with Mr. Steinmetz paying the attorney fee, and the City lease it to him at a minimal fee wit.h a 60-day cancellation clause on the part of the City. Following discussion, it was agreed that .Terry Mills would work with Mr. Steinmetz on this request. and have a lease prepared for Council approval. "Council has met on several occasions and have not come to a on what route to take with regards to balancing the budget. Everyone is well aware that we are falling short of necessary funds to meet our demands for expenses. We have watched the budgets just about as closely as we can and the figure of $576,345 is what we have worked down to, and that is after taking out the figure of $50,000 that was in error. I thought I would try to make you aware of where some of this deficit comes from. Our projected revenues for this year are $249.542 short of our revenues for fiscal year 1980. With a downturn in the economy, we are almost $17,000 short on building permits. If we have a severe or dramatic upturn in the economy this figure might not be that accurate, but we don't anticipate that the upturn in the economy will be that significant, so we are looking at being actually $16 t on building permits. Parks and Recreation will have a deficit of near $ TI.e franchise taxes which come from utilities are projected to be about $4,000 short of last year -- that reason being that franchise taxes are paid on gross revenues of the telephone company, Georgia Power Company and Atlanta Gas Light Company, and due to people being more aware of the cost of services and energy cost they are turning down thermostats. Our 'vater revenue and transfer accounts will amount to somewhere over $100,000 -- in the neighborhood of $135.000 to $140,000 short of what was transferred last year from water revenue into the general fund. Our CETA program has been cut. At the present time we have about 6 employees left on CETA and they have been terminated as of June 30th. CETA funds were terminated as of last JuJ_y30th, leaving a deficit of $101,027. Our revenue sharing. after considering the advice of the National League of Cities which indicated that revenue sharing would again he cut for all cities and using their figures for percentages, will mean about $35,780 loss in revenue sharing. When you take all those figures and add them together. then you are looking at a deficit amount of revenue. Our city is not one that addresses itself in a favorable way towards the question of inflation. Inflation running at the rate of about 13% has drastically cut into the funds that the City has to spent. Gasoline is up, cost of materials is up. cost of vehicles is up, and cost of equipment is up dramatically, because of inflation. Inflation is certainly one of those prevailing factors that causes our dollars to not go near so far. The gasoline bill for our city is astronomical as compared to the same gasoline cost of 2 or 3 years ago. Everything costs more and it forces our dollars to have to stretch a lot further. Last year we bought very few capital items and there were some that we needed. We did that last year and year before last we ran in the black on our budget for the first time in a couple of years and I had hoped we would have the figures tonight on our audit which is in progress now. but it will not be ready for 3 or 4 more days. We don't know exactly where we stand now, but we are hoping it would be 1% either way. We have to be very careful about staying within our expenditures by departments and we hope that we have done that this year, but at this point we do not know. In June, 1978. we had 247 employees in the City full time. As of June 30th this year, we were down to 199 employees full time and we feel that has been a drastic measure and one of the reasons for being able to stay within our budget year before last and hopefully, this past year. On the expenditure side. where we have a reduction in revenues, we are actually up about $326,000 after looking at our budget as closely as we know how and cutting out everything we feel like we can and still operate as a city and provide services, and not live so frugally that we are not in a position to continuously build a vehicular pool in Sanitation, Parks and Police. We have to make SOfie degree of purchases. Our salary outlay is a great part of our expenditures and just to give our employees a 5% merit increase will cost $168,292. When add the department heads to that, you are looking at something like $170,000 0 ,000. We are short on revenues and long on expen- ditures, and the net result of that is that we are actually 6.33% short on revenues from last year and our expenditures are 8.29% in excess of last year which gives us a shortfall in our budget of $576.345. In the last couple of weeks there has been a series of newspaper articles relating to the question of the financial status of our city. and we did have a list of things that we might do in order to balance dget. Some of those things included letting the county assume the respons ity of fire protection of our citizens. Our Fire budget is $900.000. Next on the list was the question of turning the Parks Department over to the county. Our Parks budget is $476.000. Another question on the list we prepared. which was (Continuation of July 7. 1980 Meeting) just $tudy. was that we over to the county. Thispudget is $90.000. We looked at the of a millage tax increase. The City hasn't gone taxes in quite a number years other than the fact that the reappraisal of by the State did cause county to go up according to the appra:isal. We so frugally over the years. that about 6 years ago the millage was at 15 and today it is 12 being cut by this administration one-quarter mill. Bacon's administration there was a millage decrease. In face of all the businesses and occupations going up, the City has been go:ing down in cost and have not asked for any type of adjustment. One mill of taxes would bring in about (Max Bacon stated that during Mayor Bacon's admini$tration. there was not a millage decrease. asked how much a one mill tax increase would a citizen if their assessed at $40,000. Mayor Johnson replied that $50;000 assessment, you 40% of that which would be $20,000. A two increase times $20,000 would be $40 per year increase.) Another question on that list was how many employee$could be laid off to come to $575.000, and we were looking at laying off 30 employees. All. of these things, from. some that had significance to some that were put on the list, I suppose, for reading purposes. were.just some options we had. Those items are still under discussion and are options that we have. Somewhere in between some, or of those, is the of where we are to find $576,000. We can go back through the budget i"tem by li"ne item, by department. and we can rework the , and I think we wi11 come pretty much to the same We won't So gentlemen, we have a question of serious front of us. We are going to need within next few days, as elected the very finest example of understanding and competence of us. to look at this budget way and to look at have before us in an obj ective make the best decision make for this city. All of paint a gloomy picture, but that Our city is in financial condition. We are condition -- the problem is that we have a problem to take some drastic measures to get it balanced. The condition. and I don't take exception to that -__ I'm just got to take some steps to balance this budget because our city ad valorem taxes. This is nothing in the world but a business people. It is up to this body to be sure that we expend we get and provide. the very best service for that money. That's our goal and I'm sure each one of you agree with me. We just need act together in the next few days because we have a serious question balance this budget no one wants to face a hard question. But hard question here and I challenge each one of you to join together else aside. Let's get this budget put together. This is just as much our charge to add 2. m:ills to this next digest as it is to take away it's not needed. It's our responsibility to see what needs to be need to make drastic cuts in any way to make sure that this city will it is our elected charge to be sure that we look at that decision, other reason than what is good for this city and what elected to do. Gentlemen, I charge you to work together on this. because we a serious question." possibly not Jim Tolleson said he appreciated Mayor Johnson's statement, vein he wanted to read a statement: to say some things tonight that should have been said several months ago. I want to point out some things that I feel are contributing to the way our city affairs>arebeing handled. First, our committees don't way they should. By that. I mean the committees are set up by the to oversee each department. But the city charter does not say that the of the committee run the day to day operation of the depart- situation exists today,<and it's totally wrong. It takes away the our department head$. confuses the employees under that department loss of respect, it":t some cases. for the It can't cause a department to do favors for the chairman, Let's let the pick what street should recurbed through his committee. 's let the department head the prepare his budget and submit it to the entire for approval. has got to stop. The second thing I see be done body can get back on the road to recovery and start moving should, is that we have to re-establish the trust in each other, start tonight you said. But first. we have to take problems. We told about our bad financial condition, neighborhood of a ,000 deficit for the FY80-81 budget, and I frankly don believe it. Here's why I don't, or why I don't know what to believe. We met at 5:00 p.m. on June 12th to discuss the budget for the first time as a (Continuation of July 7, 1980 Meeting) complete council. We were given a list of several options to consider as to possible ways of balancing the new budget. Some of the options were quite drastic, as everyone now knows -- turning over the Fire Department, Library and Parks to the county. laying off 40 or 50 people. or even having a large tax increase. Options to be considered as drastic action. Mayor, you said when we left that meeting something like "due to the sensitivity of some of the options that we should keep it in that room -- not to discuss them out of that room." What you were saying, and I agree. is that it would do nothing but get everybody, citizens and employees alike. upset -- that we were to consider the options. One week later the story appeared in the Marietta Journal. An irresponsible councilman for whatever reason, gave the story to the paper in detail. What purpose did it serve? It served to embarrass the citizens of this city. the employees of the City, and the city council. But Mr. Councilman. you did even more than that. You destroyed any confidence we had in each other. and the confidence the employees or citizens of this city had in us. I am embarrassed for you. and the entire city. Because of what you have done and because of no confidence in the budget figures presented to me. I will not consider adoption of a budget until I see the audit figures now underway by Pate & Associates. Mr. Mayor, I also want to request that you do everything in your power to identify which councilman betrayed the trust and loyalty of this council and once he is identified he must be censured by no less than. removal from all committee assignments. Mr. Mayor. it's no threat, but if you won't do it. the majority of this council will." Max Bacon stated the Empioyees Benefit Committee for several months had been inter- viewing several companies that have proposed a deferred compensation program to the City. After several weeks of interviewing firms, the committee has decided tonight to authorize the Hartford Variable and Equity Company to implement a system into the City. Hartford has 350 other similar type municipalities that they deal with and tonight Mr. Chuck LaBarbera, a field representative for Hartford, is here to answer any questions we might have. Mr. LaBarbera explained that deferred compensation is a fringe benefit which can be offered to employees, at no cost to the City. It is a voluntary program that enables employees to set aside a portion of their salary using before-tax dollars to go to work for them. Legislation which made this possible was passed in November. 1978. and allows individuals working for municipalities to set aside up to one-fourth of their salary. not to exceed $7500 yearly. This contract will include elected officials. as well as city employees. Individuals participating in the plan would receive a quarterly statement directly from the Hartford and the City would receive a quarterly report as to the perfor- mance in the accounts. for their total investment package. Max Bacon made a motion that Hartford Variable and Equity Company be authorized to implement a deferred compensation program in the City. John Steely seconded the motion. Max said there were approximately 10 or 12 companies screened for this program. and the committee felt that Hartrord offered the best program. After further discussion. vote on the motion carried by a vote. Max Bacnn said he would also like to comment on the budget problem. and that the newspaper had never contacted him for a statement. His statement was as follows: "The meeting we did have on the budget was very informal and lasted less than 45 minutes. and some were discussed that did not appear in the newspaper article. The things that we did were quite drastic. and it was the first time I had seen the alternatives. I was floored, to say the least. Being a new council member, I find it hard to believe the City is in this bad a financial shape. In the latter part of November. I discussed it at great lengths with a member of the Finance Committee and at this time this person assured me that the City was in tremendous financial shape -- couldn' tbe better. However. now I am faced with over a $500.000 deficit. Some of the figures that have been brought to us I find hard to believe. and I'm not anybody a liar, I don't want you to misunderstand me. For someone .to sit in room and tell me the City is in good financial shape and nine months later we are in the hole this bad is hard for me to believe. The thing that upsets me equally is that this meeting was supposed to be in confi.dence due to the sensitive nature of it. Turning over the Fire Department, Parks or Library is not something you do overnight. TI,is would have taken several weeks to complete, if we had decided to take this route. Now we have somewhat of' a chaotic situation here where employees don't know how long they will be employed. a Fire Department that does not know if they are going to the county tomorrow, citizens that don't know from one day to the next if they are going to have a 5 mill tax increase or not. The information that was given to the paper was fairly accurate. it was everything that we discussed in there. But it;' s just beyond me why the person that gave them the information would give it to them. I believe it's now time for the Mayor to take some type of necessary action to find out who released this information to the papers. It appears to me that we have a leak. I think the Mayor needs to take ( of July 7. 1980 some action to correct this if he wants any type of trust among the As alternatives for balancing the budget. I will not vote to turn over our Fire Department to the county and until we get a complete audit from Page 1& Associates, I will not vote on any type budget measures at all." Mayor stated he did not think we would consider voting on the budget until we receive our audit. Coalson budget for their amotion that the app,roved. John clear operations employee's raises Jerry Mills but was the date. Vote on City operate under the old budget. seconded the motion. Mayor that we make absolutely after adoption of the new would be retroactive to July after the the 5% included in the budget was not 5% merit increase employees receive on motion carried by a 6-0 vote. Jerry budget can would Jim thanked Mayor Johnson for his remarks and information to the people as to our financial situation and made the following statement,: "There have been a lot Back in August we were been in ,in many told of rumors around the City as to what happened to the City. told the City was in the best financial condition we had Based on the information given me at that time, I was a slight windfall in our taxes and could a one- rollback. That was a motion by the Mayor and Finance Committee, and for that millage reduction. Now it is hard for me to conceive how this has happened -- the $600,000 deficit -- in such a short time. I have been servi.ng On the Finance Committee since January. 1980. and in all those hearings I have sat practically none of the suggestions that were given to this meet.ing in June were ever brou.ght up. I am talking about tu.rning the Fi.re Parks and Recreation and the Library over to the county. We had some discussions on tax increases or employee layoffs. These solutions the Finance Committee and they were simply I think the worst that has happened in this whole thing is that in an informal meeting we are presented with a list of so-called suggestions and we are told by the Mayor that they are merely suggestions, which they were, and feltl.ikeit would be beneficial for everybody to go home and study them and get our ideas, together as to what we should do and we would set upa meeting in the future. I t have agreed 'more with him; I thought that's what we should have done. 11:1 the next couple of as I was pondering over these different options I picked up my local newspaper and read the whole story on the front page. I'm a little bit lost in confidence as to what we're supposed to be doing on the Finance Committee. I'm supposed to be a member of that committee and I'm not informed of these things that the council was "leaning towards giving our Fire Department to the county . .. I never s.eriously considered that as . an opti.on and I don't believe the council would consider it as an option. In fact. We discussed it for m~ybe 15 minutes. A move that drastic takes probably months of prepara- tion. were many other suggestions that were left out of the al"ticle. I at this time. would not support turning the. Fire Department over for Number one. it would not save the taxpayers any mouey because at time we are getting a discount on county millage for our own If we turn our. Fire Department over to the county, simply amount of millage on county taxes, so regardless of ppcke.t it comes out of, it still costs you the same amount of money. I might add that by law, the. county can charge from 3to 5 mills for fire protection, so, legally, they could us more for fire protection than what we are paying now. But, in the suggestions. I merely took it as a suggestion. I think this points out one we need to work on and that is. that if we are going to solve problems, and I we can. then we as a body are going to have on the resources of all seven councilmen. We longer. one or possibly two councilmen dictate to the rest body what will and will not be done. I. dont 'mean to be grandstanding, and am not to call any names. But think we need to take a long. seriouS look at restr1..lcturing some of our committees to equal out the responsibilities of all thing that we are going to have to insist on is that this to have to get budge.t statements to tell where we stand vIe have not on a regular basis for 2:\z years, and it very difficult for a come up here every day and find out what financial situation of is. My recommendation. Mr. Mayor, is that we team, start informing the entire council of and Mayor take a strong look at restructuring where councilmen are given far more authority than very were the Fire is the all the some other (Continuation of July 7, 1980 Meeting) Elbert Coalson said he had called the reporter from the Marietta Journal to see who the source of information concerning the budget was. Elbert said he knew she wouldn't tell him -- it was her job not to -- and he appreciated that. Elbert said he had been to City Hall and couldn't find the source. But one day it would pop up, and there would be one of the employees looking for a job if he had any- thing to do with it. Mr. Coalson said it was high time the council was reunited and try to work this budget out for the City. We are not doing the citizens of this town justice. There is no way we can work up a budget, divided as we are. His suggestion was that we bury the past and get down to work and try to get a budget for this city. John Steely said he, too~ took offense to the article written in the paper and knew it was no fault of the reporters,. they were only what. they were-paid-to do, to write stories regardless of how they get them. said he agreed with everybody, that unity is the only thing to bring this group back on its feet. He, too, would like to find where the article came from, but that's neither here nor there. he would like to see the council joined together and become one body again. John thanked Bill Johnston and his staff for the good job they did on the July 4th celebration. Jonquil Breakfast on July 16th at 8:00 a.m. at Fair's Restaurant meeting on July 21st. Meeting adjourned at 9:24 p.m. ************************ The regular meeting of Mayor and Council ,was held July 21,1980 at Smyrna City Hall. The meeting was to order at 7;30 o'clock p.m. by presiding officer Mayor Frank Johnson. Council members were present. Also present was City Clerk Willouise Spivey. City Attorney Charles E. Camp. Finance Director Gunter Newsom. Police Chief R. E. Little. Fire Chief Don Atkinson. Parks and Recreation Director Bill Johnston. Assistant Public Works Director Vic Broyles, Building Inspector Dan Steely. Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Leon Hood reported that ex-Councilman Clarence Canada was in asked that he and his family be remembered in everyone's prayers. Jeff Stevenson, Manager of Arbor Lake Apartments asked that his request a variance from the sign ordinance be tabled and presented at a later meeting. John Steely made a motion the request be tabled. Jack Shinall seconded the motion which carried by a 7-0 vote. Jack Boone requested a vari.ance from the setback requirement o the construction of a building on Bourne Street which would be used combination office/warehouse. Mr. Boone stated this construction would not be out of line with the other buildings on the street. Mr. Hiram Singleton, chairman of the building committee at Welcome All Baptist Church said the church. as the adj owner, had no objections to the variance. Bourne Drive was rormerly Russell Avenue and was deeded to Jack Boone and Welcome All Baptist Church some time ago and the paved area being used by the church for parking is actually property belonging to Mr. Boone. which he has been letting them use. Elbert Coalson a motion the variance be granted. Jack Shinall seconded the motion which c d by a 7-0 vote. License: Ms. Lillian Pruitt, 2750 Ivanhoe Lane, requested ness license to operate an interior decorating service. There tion to the request. John Steely made a motion the license be granted. seconded the motion which carried by a 7-0 vote. (Continuation of July 21. 1980 Meeting) a Drive at be leased to Plans have been Hawkins made a which carried by and W. S. Caswell requested a building to be located at Pat cost of $150,000. When for a training center for the Fire Marshal and ion the permit be approved. Jack Shinall a 7-0 vote. permit Road the retarded Depart- seconded Jim Hawkins made a motion that the amendment to Section 6-95 of the Code of Ordinances which was approved June 2. 1980. become effective September 15, 1980. Jerry seconded the motion. Jim Hawkins said two weeks ago the Council voted this section whereby businesses in Smyrna could only have a tempor- ary 90 days. and then it had to be removed for 90 days. seemed to be On the part of merchants that they had not been prnperly the changes. After with them, it was decided to delay the of this ordinance September 15. 1980. The have formed and they will study ordinance and make recommendations to the Jim said the newspaper headlines said Smyrna had backed down and that was not. true. We have not backed down at all; \"re trying to give the busiriessmen an opportunity to present their recommen- and ideas. Vote on the motion to delay enforcement of this ordinance by a 7-0 vote. are dations carried Jerry Mills said the Engineering Department had recommended installation of a stop sign at the intersection of Jonquil Drive and Corn Drive, and made a motion the sign be approved. Jim Tolleson seconded the motion which carried by a 7-0 vote. Max Bacon made a motion the wording of the vicious dog ordinance which was approved at the July 7th meeting be changed as follows: - Upon receipt of a citation signed by two (2) or more residents . each complaintant residing in separate dwellings in the vicinity in which the violation and issue occurred. made under oath before a committing magistrate. stating the nature and date of the act. the name of address of the owner and a description of the animal doing such act. the Animal Control Officer shall investigate the compla:int to determine whether the act complained of violated this Ordinance. Jim Tolleson seconded the moiton wh:ich carried by a 7-0 vote. John Steely stated we had received a letter from the U.S. Department of the Interior concern:ing the surplus property deeded to the City for parks and recrea- tion use. and we needed to adopt a schedule of utilization for the property. It will cost the City approximately $6,000 over a ten-year period to adopt the time table prepared, as follows: 1. Survey: County will begin within 30 days 2. Road grading: Air Force will proceed after the survey 3. Road Construction: County will begin within 60 days after the Air Force finishes grading 4. Fence Construction: Will begin wi.thi..n 30 days after completion of the road and right of way 5. Soccer fi~lds: 1980 - 1985 6. Jogging Trail: 1984 Ballfields: 1985 - 1987 Football fields: 1986 1988 9. Maintenance compound: 1989 said in the for the property construction was be completed within 6 to the City. In order for us to maintain the to their guidelines, which says we have to have a program and timetable. John read the letter from the Department of the they a report on the status of this property and what progress had been made since the at Dobbins Air Force Base on March 26. 1980. During this the City had promised to provide within 30 days. a program of utilization. we need to act on qVickly as possible. is 77 acres to the and we need to take of it. Bill Metro Association was willing to commit up for development, and would continue to work with other athletic along those same lines. John Steely made a motion the City submit an (Continuation of July 21, 1980 Meeting) amended program of utilization and updated schedule of development to the U.S. Department of the Interior for the Dobbins Air Force Base property. This will be an amendment to the original application submitted May 18, 1976. .Jerry Mills seconded the motion which carried by a 7-0 vote. (Parks) John Steely expressed his appreciation to the Jonquil the flowers in front of City Hall. John announced the CRPS Junior Girls Softball tournament began tonight at .Jonquil Park, and the swimming and diving championship will be August 1st and 2nd at King Springs Pool, with approximately 500 children involved. (Civil Defense) Elbert Coalson read a letter from Jim Farley to Billy Howard's Wrecker Service thanking him for the donation of a vehicle for the rescue volun- teers to tear up. as practice of techniques using rescue equipment. (Inspections) Jim Hawkins said an advertisement had been run in the newspaper for a public hearing tonight on a beer pouring license for a restaurant at 421 .Jones Shaw Road, Mr. Robert Edinger. applicant. Ji.ffi made a motion this hearing be tabled, due to the fact that the application was not completed and the advertisement was run prematurely. .John Steely seconded the motion which carried by a 7-0 vote. Jerry Mill.s said the City Attorney. at the request of Mr. J. C. Steinmetz who is the owner of The Depot on Atlanta Road. had drawn a lease for the vacant lot owned by the City next to The Depot. Jerry made a motion the Mayor be authorized to sign the one-year lease for the sum of $25.00 per year. Max Bacon seconded the motion which carried by a 7-0 vote. (Sanitation) Jim Tolleson reminded everyone of the trash pickup schedule: the first 3 weeks of the month for leaves, limbs. clippings, etc., and the last week for heavier items. Announcements: Next Council meeting on August 4th. Meeting adjourned at 8:03 p.m.