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November 1/15, 1982 Council Meeting Novembe r 1. 1982. of Mayor and Counci I was held pursuant to the Charter City Hall. The meeting was called to order by r T. Bacon. All Council members were present except to a death in the family. Also present was City lerk Willouise Spivey. Police Chief R. E. Little. blic Works Director Jim David. Parks Superin- Morris. Building Inspector Larry Dunn and (Jim Farley also in attendance; see minutes of by Max Bacon followed by the pledge to the flag. Mayor Bacon read a he Smyrna Optimi club. ion for Youth Appreciation Week sponsored each year and presented the proclamation to a representative of son. a resident of Havilon Way at the corner of ders on Concord Road resulting in numerous wrecks d that last Friday night the back window of his car to replace. and Saturday night his new automobile been broken into twice. Mr. Thompson said the d the guard rail that was installed was t now something further must be done. Chief e had talked with Mr. Thompson about a year ago and they had spent a amount of time patroling the area but he did not have the manpower car there at all times. Radar cannot be used because of the ure of the road. Mr. Thompson said the county had done a survey r opinion that a traffic light would create even more accidents. o out to the site tomorrow with Jim David and see what n said if we were undermanned in the police department ief Little said all vacancies have been filled. but manpower required to cover the population of the City. Barbara Williams. candidate for Cobb County Board of rna Jaycees asked permission to have a bucket brigade ing and Hargrove Road on December 4th and 5th. Mayor his plans with Chief Little. James Dr i ve. the legal desc 1982. Max Bacon de a motion that property owned by Fred M. Shope be annexed into the City to become a part of Ward n read and made a part of the minutes of October motion which carried by a 6-0 vote. James Wi 11 iams made a motion that property owned by Earnestine Johnson Vinson. Betty Johnson & Annie Johnson at 1810 Teasley Drive be to become a part of Ward 3. the legal description having a part of the minutes of October 4. 1982. Jim Hawkins seconded the motion which carried 6-0. Annexation: James Wil Beverly D. Se 1 Ie rs at of the legal of r 4. 1982. a motion that property owned by Willie D. & Y Drive be annexed into the City to become a part ion having been read and made a part of the minutes eson seconded the motion which carried by a 6-0 vote. a motion that property owned by Thomas E. & Mary e annexed into the City to become a part of ing been read and made a part of the minutes of econded the motion which carried 6-0. James Williams made a motion the annexation request by Jerry D. and Land Lot 633 on Matthews Street be tabled and continued to the next meeting. Max Bacon seconded the motion which carried 6-0. the October portion of ion to the he annexation 4. 1982 meeting. legal descriptions Cobb Parkway and South Cobb Drive Ion of these roadways. Being approved. Jack Shinall seconded variance from 50 feet to 20 feet on theMside heating and air conditioning repair shop sting house would be remodeled and used which wi 11 be a new construction. space he would have for parking, Mr. but are requ i red to have l3. He> sa i d area to meet the requ ired number of the variance be approved. Sarah requested a residential permit to at 995 Valley Drive. Mrs. Towe said put would go to the homes of invalids. from her neighbors living within 300 feet was no opposition from the>audience. approved. Max Bacon seconded the motion requested a commerci puilding permit Road at an est imated cost of $32.000. Dunn. Max Bacon made a motion the the city engineer and fire marshal. carried 6-0. represented West Lumber (;qrnpgny in thei r request to use special promo- for a sale on NoV.:rnp.:r 5. 6 and 7 as follows: 1 . Extend two weather bal in the air. with flags attached to them lOO feet 2. Move portable sign undernei3th permanent sign from October 29th until November 6th announcing promotion. flags from roof ing to products displayed on sidewalk. 4 spotl 7:00 p.m. unti 1 11 :00 p.m. on Friday. they would need to notify Dopbins Air to the height. Mr. Hi I I said these in this store and all other stores nance would have to be chang.:d to on.: night each month and to do so. City the right to do th.: sarnething. iven to use the promotional effects as and 7 subject to approval by ~obbins Air motion which carried 6-0. Bids for a curbing were opened, n"ad and recorded as $10.760 - 2% 10 days, net 30 days FOB~ Salisbury. N.C. Den very: 2 weeks ARO - less 10% cash within Smy rna Avai table from stock of shipment the to over to the Street Committee with Sarah Jones seconded the motion which bids 1 1 . the and any fi rst estimated to bids be accepted for a paint striping machine to be 6, 1982, and paid from State Grants. Jim Tolleson seconded the 6-0. rbage cans and liners with all the new con- approval be given to purchase 100 under- and 500 liners at $10.53 each. at a total conded the motion which carried 6-0. hen citizens need to purchase a new liner 11 and pay for the liner before it can be n working on a new program and as of December 1st. and the cost added to the customer's monthly water bill. Church Street and Jonquil pools were drained they and these repairs will have to be made prior to the work can be done in-house, and Sarah made a motion and replastering of these two pools. rried by a 6-0 vote. Jack Shinall said if be sure they are done correctly. and will as been wash or quite some time and they II and the ware beginning to give in looked at the pools and Sarah Jones said The City will out the decking and replace cannot do the sand lasting and replastering. be approved as sub- a 6-0 vote. of October 18. 1982 be approved as sub- which carried 6-0. said she had received numerous calls concerning from people who felt the advertisement was s have ruled that we ontrol the messages aphic. Our ordinance s that as long as not changed they can remain until next year when ire. Halloween Carnival was a great success and gave ic groups who participated, the Cobb Center merchants (Lib aske ) 15-20 was National Children's Book Week and Jack Shinall said his he has been on counci was caught the first time. the City has ever had. ~Engineering & Inspections) over the game have it ready fo been burglarized again for the second time since ks to the Neighborhood Watch Program, the burglar Jack said he felt this was one of the best programs Max Bacon said the committee would meet again to go Attorney Camp will review their recommendations and the first meeting in December. a meeting for November 9th for his committee to con- ing deposits for water, sewer and sanitation service. ordinance used by the City of Macon for the committee awarding or regulating garbage pickup. we have received word that the reapportionment tment, but we have not received written notification. y May fOl Civil Service Board runoff election as G. Fred Bostick, 30 votes. been approved and we have already begun the lift station. The county has agreed that any in the City and hopefully it will be The Hickory Acres and Ann Road lift stations next year. p.m. November 15. 1982 The regular scheduled meeting of Mayor and Council was held November 15. 1982 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All council members were present except Sarah Jones, who was out of town. Also present was City Attorney Charles Camp. City Clerk Willouise Spivey. Police Chief R. E. Little. Acting Fire Chief Hubert Cochran. Public Works Director Jim David, Parks & Recreation Director Sherry Reavis, Librarian Doris Morris. Civil Defense Deputy Director Dick O'Hara, Building Inspector Larry Dunn and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Citizen Reports: Joe Page, attorney representing Copperfield's Restaurant addressed council to confirm they had received their request for a Sunday Sales Permit after the ordinance amendments are approved tonight. There was a question from the audience concerning the public hearing on the agenda for the closing of certain dead-end streets in the City. Max Bacon explained that the streets were closed in 1974 by Mayor and Council but were not done legally and the public hearing tonight was to insure that these streets will be permanently closed. Attorney Camp said the law requires that public notice be given on public streets being closed. In 1974 the streets were not posted or advertised and this is the purpose of the hearing tonight. Annexation: Jack Shinall made a motion the annexation request by Jerry D. and Earl M. Arrowood for property on Matthews Street be continued to the next meeting. Elbert Coalson seconded the motion which carried 6-0. Privilege License: Robert Eugene Wood requested a malt beverage and wine package license for the new Kroger food store at 3315 South Cobb Drive. There was no opposition from the audience. and James Williams made a motion the license be approved. seconded by Jack Shinall. Max Bacon asked why the plat showing distance requirements was not attached to the application. Jack Shinall said the plat was too large to reproduce and was on file in the Inspections Office. Jack Shinall amended the motion to state the license be approved subject to verification of the distance requirements provided by the applicant. Max Bacon seconded the amend- ment. Vote on the amendment and main motion carried 6-0. Rezoning: Dr. E. J. Crary requested rezoning of property at 1090 Concord Road from Furt':ure Commercial to General Commercial for a greenhouse and nursery. Dr. Crary said the entrance and exit would be from Concord Road with a utility service entrance off McCauley Road. but if necessary they could eliminate the driveway from McCauley. The existing house will remain as is and renovated to be used for a business office. with a pole house to be constructed on the back side of the property abutting Ridgecrest Drive. Jim Hawkins said the Planning and Zoning Board had previously denied this request and asked Dr. Crary why he decided to reapply. Dr. Crary said they were not able to give him a reason for denying the rezoning. Jack Shinall asked about the zonings of the surrounding property. Dr. Crary said the Smyrna Playschool adjoining his property is zoned General Commercial and the other is residential. There was a large group in opposition and several spoke against the rezoning due to the ingress and egress from McCauley Road. and also felt a business such as this would lower the value of their homes. Mayor Bacon read the recommendation of the Planning and Zoning Board that the request be denied due to the fact that it would constitute a commercial zoning in a residential neighborhood, and Jim Hawkins made a motion the rezoning be denied for the same reason. Jim Tolleson seconded the motion. Attorney Camp said the Future Commercial classification does not allow for instant commercial activity on the property; it simply means it is available for future commercial use and requires the property owners to apply for rezonings for specific uses. Jim Hawkins said he felt the Future Commercial classification was misleading and would like to have it removed from the ordinance. After further discussion. vote on the motion to deny carried 6-0. No evidence of value of the property whatsoever was offered by the applicant and applicant did not raise any question as to the constitutional effect of the present zoning as applied to his property or any other property in the City of Smyrna. Rezoning: James T. Benton requested rezoning of his property at the corner of Bank Street and King Street from R-15 to Limited Commercial. Mr. Benton said the inside of the house would be renovated for office space and the exterior will remain as is. His wife will use one office and the other space leased out. Jack Shinall said he did not think council could act on this request because the appli- for Office & Institutional and he was now asking for llouise Spivey said Mr. Benton originally applied for the Planning and Zoning Board recommended the Limited and it properly advertised and posted for Limited tes of the Planning and Zoning Board meeting pproved by a 5-2 vote. Mr. Benton said he Id be limited to King Street and would be Bank Street. There was no opposition from Williams made a motion the rezoning be approved. Jack Shinall said he could not support the motion should be the buffer from any deviation in the resi- rai led 2-4. with Jim Tolleson. Jim Hawkins. Max No evidence of value of the property whatsoever applicant did not naise any question as to the zoning as applied to his property or any s 8 and 9 on the agenda. rezoning and request on Matthews Street be continued. James rried 6-0. dgeview Institute requested a commercial building fice at a total estimated cost of $ll1.900. Larry Dunn. Max Bacon made a motion the oval of the city engineer and Jim Mallett. ich carried 6-0. streets be closed and abandoned: Ward 2: Navaho Trail. southwest end Shawnee Place. southeast end Sioux Path. north end A e Drive. east end H ry Place. south end Ann Road. northeast end end Ward 5: Hickory Acres Drive. west end lence. These street closings were advertised . 28 and November 4. and posted at each point ience asked if a cul-de-sac could be made at the said that from the point at which the streets uld be abandoned. and to make a cul-de-sac would al right of way. Jim Tolleson seconded the motion Shinall said on November 2. 1982. a referendum was the sale of alcoholic beverages on Sunday. and for the be necessary to r ordinance concerning the hours read the proposed ame nts as follows: rs of sale, to require a Sunday Sales Permit, placing censed applicants and for other purposes. of Ga. L. 1982. p. 1768. the eJection superintendent an election for the purpose of submitting Section 3 sale of Alcoholic Beverages under certain prescribed . to the electors of Cobb County for approval or Such an election was held on November 2. 1982 at which time the following votes were cast: 35.622 34.777 o certified superintendent on that more than on of. the votes cast 1 of Section 3 of the Act; therefore. Section November 15, 1982 - Continued Therefore, in order to implement the provisions of Section 3 as approved by the electors of Cobb County, Chapter 3 of the City of Smyrna's Code, relating to alcoholic beverages is amended in the following particulars. Section 3-67. sub-paragraph (b) be deleted in its entirety and replaced with the following: (b) By the drink: Licensees in spirituous liquors by the drink shall not engage in the sale of such liquors except between the hours of 8 a.m. and 2 a.m., Monday through Friday, and Saturday 8 a.m. through 2;55 a.m. on Sunday. This section shall apply to private clubs as well. Section 3-67, sub-paragraph (d) be deleted in its entirety and replaced with the following: (d) Sundays. holidays. election days. Except as hereinabove provided. no licensee for the sale of alcoholic beverages shall permit his place of business to be open for the sale of alcoholic beverages on Sundays. Christmas Day. Thanksgiving Day and all election days prior to one hour following the closing of the polls on such election day. Establishments issued Sunday Sales Permits shall be authorized to open on Sundays except when such Sunday is Christmas. during the hours of 12:30 p.m. to 12:00 midnight as provided in Section 3-68 herein. be deleted in its entirety and replaced with the following: Same - Wine and malt beverages. Wine and/or malt beverage retail business shall be entitled to operate between the hours of 8 a.m. and 2 a.m.. Monday through Friday, and Saturday 8 a.m. through 2:55 a.m. on Sunday. No sale shall be made between the hours of :3 a.m. Sunday and 8 a.m. on Monday or on Thanksgiving Day or Christmas day. Establishments issued Sunday Sales Permits shall be authorized to open on Sundays between the hours of 12:30 p.m. to 12:00 a.m., except when such Sunday is Christmas. Sales of wine or malt beverages on days designated for the election of any official of the City or for other municipal office or purpose shall be prohibited prior to one hour following the closing of the polls on such election day. Sales on all other election days shall be as designated by the Georgia Code Annotated. This section shall apply to private clubs as well. (a) Alcoholic beverages may be sold and served for consumption on the premises on Sundays from 12:30 p.m. until 12:00 midnight in any licensed establishment which derives at least 60% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed estaplishment which derives at least 60% of its total annual gross Income from the rental of rooms for overnight lodging, provided the establishment applies for and receives a special permit for such sales from the City. The establishment must also hold a City of Smyrna Alcoholic Beverage pouring license. (b) Such an establishment is authorized to apply for a Sunday Sales Permit. Applicants for such a permit shall complete a form furnished by the City of Smyrna. supplying such information as may be requested. Prior to permit issuance. the applicant must make available records for audit purposes to determine and verify If the establishment is meeting the requirements specified in Section 3-25 (2). If the establishment conforms. a Sunday Sales Permit shall be issued. The permit may be denied or revoked for failure to so conform or failure to produce satisfactory evidence of conforming. (c) All annual permit renewals shall be made in the same manner and during same time periods as other alcoholic beverage license renewals. All renewals are subject to audit prior to being renewed to ensure compliance with this ordinance. All renewal applications shall be accompanied by a statement by a Certified Public Accountant that no more than 40% of sales are derived solely from the sale of alcoholic beverages. (d) No Sunday Sales Permit is transferable. (e) A fee for issuance of the Sunday Sales Permit may be established and/ or changed from time to time by the Mayor and Council, by resolution. and a schedule of fees shall be maintained in the office of the City Clerk. 1982 - Continued The Sunda es Permit shall be subject to the provisions of Section or an equirement contained in these ordinances pertaining to cation proceedings and shall be automatically revoked if the alcoholic beverage pouring license is revoked. cations for Sunday sales would be available tomorrow. asked to submit receipts or an audit regarding . which must be 60%. A fee of $75 will be charged the annual fee established prior to January 1. the ordinance amendments be adopted. seconded that he. along with many other people, was dis- of the referendum but Cobb County has already implemented us to not do the same thing would hamper our restaurants not allow them to be competitive we will Shinall said that beginning next year, establish- required to furnish the City with an audit by a verify their 60% food sales. Vote on the motion ed 6-0. bids be he felt our police station building should al cleaning service, and made a motion that nded the motion which carried by a 6-0 vote. last meeting bids were for a curb machine. The not seen a demonstrat the machine. and Elbert be tabled to the next meeting. Jim Tolleson seconded O. cities in Cobb County had jointly applied for a Federal ceo which has been approved. This Task Force will t in D.U.I. cases and educate the general th the Federal share to be $32.17l. and a local 787. This money will be used for equipment, ng expenses. James Williams made a motion the k Force and $13.787 allocated for our share of the motion. Chief Little said any cases made our court. One man from our police department more highly trained and knowledgeable in this ried 6-0. read the priority list of repairs which can Grant funds as follows: 1) Install sanitary to Che rokee Road runk line from Woodland Arms Apartments south ete lift station) - $100.000 2) Remove septic tanks and install sanitary sewer. Stephens Street - $2,500 3) Install curb and gutter on Medlin Street from Concord Road to Rita Way - $12,000 4) Install curb and Med 1 inS tree t - er on McLinden Avenue from Evelyn Street to 5) I nsta 11 curb Cobb Drive - on McCauley Road from Concord Road to South 6) Rep I ace 2" and Picken mains - Frasier Street. Nichols Street Drive lift stations are in dire need of replacing with County has promised to replace these. the priority list. the deletion of the lift station at Wood- the biggest part of the money available. The City's and the cost to remove the lift station could A lot of the other work on the list can be done is purchased. Mayor Bacon said the County approved sts were estimated. Jim Hawkins said he felt list and make repairs until the funds were first two or three items would take the entire other projects would not be done. Jack Shinall November 15. 1982 - Continued the for the priority ca r r i ed 6- 0 . er narrow street and he has received several on the street. Max made a motion on Quarles Street. Jack Shinall was the low bidder notified Jim David workload with their to allow a carried 6-0. Paving. the next which carried 6-0. paving wi I 1 not racts. bid made at (Library) Doris Morris said National November 21st:. Also. she has received ing in the parking lot and surrounding Week comments Jack Shinall asked Wlllouise Spivey to assign Melinda Hiatt of revi 1 liqllor and malt beverage applications to be s in orde council meetings. Bacon said be submitted second meeting for liability andpropert;y casualty December 9, 1982 and the bid will be r. for 1983. met with severa] groups and we are having subdividing hOrnesand renting out a portion of our zoningordTn<;ince which says that homes in family housing units. Max said that hopefully Also. we are. having a problem with people operating which is also in violation of the ordinance. in the i ch is in i a 1 areas get this businesses reminded Thanksgiv that we would only have one residential Next council meeting December 6. 1982. Wi th r business. meeting <;idjourned at 8:47 p.m. CIVIL SERVICE BOARD MEMBER I. C. . do solemnly swear that I wi I 1 wel I and truly demean mys s of the Civil Service Board of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter of said City to the best of my ability. without fear or favor. and in all my actions as CIVIL SERVICE BOARD MEMBER act as I believe for the best interest of the said City. So help me God. Seal) Subscribed and sworn to before me this 2nd day of November. 1982.