02-15-1982 Regular MeetingContinued - February 1, 1982
Jim Tolleson distributed financial reports to council and asked everyone to study
it. If they see any excessive expenditures, they should go to the department
head and have it stopped. Jim said Ms. Spivey and the computer department had
done an outstanding job putting it together, and the figures are accurate.
Elbert Coalson made a motion the annual contribution to the Cobb County Chamber
of Commerce of $600 be approved for payment. Jack Shinall seconded the motion
which carried 7-0.
Upon the recommendation of Mayor Bacon, Jim Tolleson made a motion that Melinda
Hiatt be appointed Assistant City Clerk. Sarah Jones seconded the motion which
carried by a 7-0 vote.
With no further business, meeting adjourned at 8:45 p.m.
February 15, 1982
The regular scheduled meeting of Mayor and Council was held February 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. Also present
was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E.
Little, Acting Fire Chief Hubert Cochran', Parks and Recreation Director Sherry
Reavis, Public Works Director Jim David, Civil Defense Director Jim Farley, Building
Inspector Dan Steely, and representatives of the press. -
Mayor Bacon read the proclamation honoring Terri Myers Day, February 4th., and said
the original proclamation would be presented to the Myers family. Also, he requested
that in future years her memory be honored on this day with a moment of silent
prayer.
Invocation was given by Reverend Harris Fennell followed by the pledge to the flag.
Citizen Reports: Melissa Hayes of Mohawk Place presented a petition to council
protesting the proposed development of 45 acres adjacent to Creatwood Forest sub-
division. Attorney Camp said he had done some research and there was some question
as to the method used in closing the dead-end streets in Creatwood. However, without
a proposal from the property owner as to the use, it would be almost impossible
to provide an answer as to the legality of opening or closing these roads. Mr.
Camp said at this time, the City should not take any overt action on the opening
or closing of these streets.
Rezoning: Ted Jones, et al requested rezoning of property in Land Lot 631, Corn
Road at Emory Road, Parcel 1 from Residential to General Commercial and Parcel II
' from General Commercial to Light Industrial. Mr. Bob Crim was the spokesman for
the rezoning and said an office retail distribution building would be built on
Parcel I, fronting on Spring Road, with some retail sales. Parcel If of the property
would be used for self -storage units. Mr. Larry Stephens and Carl Hambrick expressed
opposition to the rezoning. Following discussion, Jim Tolleson made a motion the
rezoning be approved, which was also the recommendation of the Planning and Zoning
Board. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Package License: Mr. Steve W. Odom requested a malt beverage and wine package
license for Big Star #5789 located at 2784 Hargrove Road. Sarah Jones made a
motion the request be tabled until additional needed information on the application
could be obtained. Jack Shinall seconded the motion which carried by a 7-0 vote.
Package License Transfer: Mr. Steve W. Odom requested a transfer of malt beverage
and wine package licenses for Big Star #734 located at 3787 South Cobb Drive. Sarah
Jones made a motion the transfer be approved. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Pouring License Transfer: Mr. James E. Burnham requested a transfer of the malt
beverage, wine and liquor pouring license for Barfield's, 2361 South Cobb Drive.
Following a question from Sarah Jones, Mr. Burnham stated he was not a resident
of the City of Smyrna. Mrs. Jones said our ordinance states that a license holder
for malt beverage and wine pouring must be a resident of the City of Smyrna. Elbert
Continued - February 15, 1982
Coalson said this establishment was in his ward and he had received quite a few
calls from citizens complaining of activities taking place in the parking lot.
When the previous license was issued, council was assured they would have adequate _
security to prevent this from happening. Attorney Camp stated our ordinance
requires an applicant for liquor pouring establishments to be a resident of Cobb
County, and for malt beverage and wine pouring, a resident of the City of Smyrna,
which is conflicting. Mayor Bacon said he felt we should table this request
until an acceptable ordinance could be written. Sarah Jones said her committee
was in the process of making necessary amendments to the ordinance and hoped to
have them ready for approval at the March 8, 1982 meeting. Jim Tolleson made a
motion the application be tabled. Sarah Jones seconded the motion which carried
by a 7-0 vote.
Request for Bids: Jack Shinall made a motion that bids be requested for a garbage
truck and economy pickup truck for Public Works, to be opened the second meeting
in March. Jim Hawkins seconded the motion which carried 7-0. Jack said Vic
Broyles was working on a cost relation study regarding contracting garbage pickup
versus the City staying in the business. When the study is completed, possibly
the truck will not be needed. Bids are needed at this time because there will be
a 90-day delivery if the truck is purchased.
Residential Business License: Herman L. Bell, Jr. requested a residential business
license to sell filing systems to medical professionals from his home at 2530.
Rol l ingview Drive. Mr.. Bell sai_d._he_wanted the, .l icense' primarily to allow him to
have a business phone at his home and all shipping and receiving would be conducted
from the warehouse on Cobb Parkway. A petition from the surrounding neighbors *
was presented stating they had no objections, and there was no opposition from
the audience. Jim Tolleson made a motion the license be granted. Sarah Jones -�
seconded the motion which carried 7-0.
Residential Business License: Elton and Linda Grimes requested a residential
business license to operate a delivery service from their home at 3967 Plumcrest
Circle. Mrs. Grimes said they would be making pickups and deliveries from telephone
orders in their home, using a stake -body truck. A petition from the adjoining
neighbors was presented stating they had no objections. Mrs. Grimes said there
would be no signs and no inventory, and the truck would not be parked on the street.
Sarah Jones made a motion the permit be approved. Jim Hawkins seconded the motion
which carried by a 7-0 vote.
Ordinance Amendment: Sarah Jones read the following proposed ordinance regulating
tattoo parlors in the City and said it would be brought up at the next meeting
for a vote.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF PERMITS RELATING TO TATTOO
ESTABLISHMENTS, TATTOO OPERATORS AND TATTOO ARTISTS AND TO FURTHER'PROVIDE
FOR THE REGULATION OF THESE ACTIVITIES AND REVOCATION OF PERMITS ISSUED
PURSUANT TO THIS ORDINANCE.
SECTION 1. Be it ordained by the Council of the City of Smyrna that the
Code of Ordinances of the City of Smyrna shall include the following
ordinance:
1. For the purpose of this ordinance, the following words and phrases
when used herein shall be construed as follows:
Tattoo. The word "tattoo" §hall mean to mark or color the skin by
pricking in coloring matter so as to form indelible marks .or figures -.or.
by the production of scars; provided, however, that the word "tattoo"
shall not mean a tattoo placed upon the skin by a physician for medical
identification purposes.
Tattoo establishment. The words "tattoo establishment" shall mean any
room or place where tattooing is practiced or where the business of tattooing
is conducted or any part thereof.
Tattoo operator. The words "tattoo operator" shall mean any person
who controls, operates, conducts or manages any tattoo establishment, '\
whether actually performing the work of tattooing or not.
Tattoo artist. The words "tattoo artist" shall mean any person who
actually performs the work of tattooing.
Continued - February 15, 1982
r
2. No person shall operate a tattoo establishment or engage in the
practice or business of tattooing as a tattoo operator or tattoo artist
unless such person has first secured a license to do so from the City of
Smyrna.
3. A condition precedent to the issuance of a permit by the City of
Smyrna shall be satisfactory proof that the tattoo establishment has secured
from the appropriate health authorities of Cobb County a permit or 1-icense
to operate such an establishment.
4. All permits granted shall be issued in the name of the individual person
applying therefore, shall contain the location of the tattoo establishment
where said applicant shall operate and shall not be transferrable as to
either artist, operator or location.
5. No tattoo operator or tattoo artist shall tattoo any person who is
under 18 years of age, any person who is under the influence of alcohol,
drugs or other stimulants or depressants or any person of unsound mind.
6. Any person who shall conduct a tattoo establishment or engage in
the business as a tattoo operator or tattoo artist without first securing
a permit therefore or who shall knowing(l�,' violate any of the sections of
this ordinance shall subject such a permit to revocation upon appropriate
notice or hearing. Additionally, revocation of license or permit procured
by the Cobb County Health Department shall, upon notice of hearing,
constitute grounds for revocation of permit issued by the City of Smyrna.
An artist's or operator's permit shall be subject to revocation upon proof
that the holder of such a permit has become infected with a disease which
can be communicated through openings in the human skin.
7. No permit shall issue for the operation of a tattoo establishment
or to any person engaged as a tattoo operator or tattoo artist in any
area which is zoned for any residential use by the Zoning Ordinance of
the City of Smyrna as the same may now or hereinafter exist.
8. The permits issued hereunder shall be cumulative and not in lieu
of any business license issued by the City of Smyrna.
9. Any person desiring to operate a tattoo establishment or desiring
to operate as a tattoo operator or tattoo artist shall make application for
a permit to the Police Department of the City of Smyrna, said application
to be on forms supplied by the Police Department. The minimum age on each
applicant shall be at least 21 years of age. Fingerprints of all applicants
shall be taken by the Police Department. Applicants for such permits shall
also furnish to the Police Department two photographs showing a front and
side picture of the full face of the applicant, size 2 1/2" x 2 3/4".
Applicants for such permits shall present to the Police Department a medical
certificate from a medical doctor certifying that such person is sound
physically, mentally, has good eyesight and is not infected with'a disease
which can be communicated through openings in the human skin.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
Sarah Jones made a motion the ordinance be placed on the agenda for the next
meeting. James Williams seconded the motion which carried 7-0. Jack Shinall said
he thought it would be appropriate at that time to also set the fee, which he
felt should be approximately $500.
Jack Shinall read the following proposed policy and made a motion it be approved:
Residential developments of 50 or more units be given a 5% di.scount on all
water meter charges and sewer tap fees, if these fees are paid in their r
entirety prior to the start of construction. In all cases, developments
who elect this option must be completed within a 36-month period from the
date the fees are paid, or all pre -paid fees will be nonrefundable and
all construction in the future will be charged appropriate fees per unit.
Any increase or decrease in the unit charges for water meters and sewer
taps after January 1, 1984, will have to be paid to the City or refunded
to the original payee. In the case of an increase, developments would
receive a 5% discount on the increased amount if paid in its entirety on
residential units remaining to be built at the time the increase is approved.
Continued - February 15, 1982
Max Bacon said our present water meter and sewer tap fees are less than what the
county charges, our water rates are less, and he felt that by giving_ an additional
5% discount we would be giving a lot of our profit away. Jack said that 5% was
not actually that much of an encouragement to the developer, but thought it
may give them some incentive. Attorney Camp said that if we sell 100 meters
to a developer, we would also be guaranteeing the availability of the water for
those meters. After further discussion, Elbert Coalson seconded the motion which /
failed by a 3-4 vote. Voting for was James Williams, Jack Shinall and Elbert
Coalson. Opposed was Sarah Jones, Jim Tolleson, Jim Hawkins and Max Bacon.
Jim Tolleson made a motion the following policy be approved:
It will be the official .policy of the City to pay'the reimbursement of any
council member making official trips, which shall include the following:
1. Room Charge. The City wil-1 pay only those charges incurred for the
rental of a room and associated taxes. All other expenses charged to the
room such as meals, telephone calls, tips, etc., must be paid by the
Mayor and Council upon return to Smyrna.
2. Air Fare. The City will pay only those charges incurred for air fare
in the economy category. The City will not pay air fare for guests, husband,
wife or children, without consent of the entire council.
3. Registration Fees. The City will pay registration fees amounting to
those charges which are normal. �-
4. Meals. The City will not pay for meals. However, by consensus of
the council an amount of money will be established for this purpose. The
money may be spent for meals, local transportation or any purpose which
may be necessary for the aid and comfort while you are out of town. The
money may not be accounted for by receipt but it is expected that any monies
in your possession upon return home will be returned to the Accounting Depart-
ment and credited to your account.
Jim Hawkins seconded the motion. James Williams said he was in favor of the policy
but would also like to have included a minimum number of seminars to be attended
before the expenses are paid. Mayor Bacon said he felt the 1982-83 budgeted
travel expenses should be reduced to allow two council members to attend the
National League of Cities, and everyone to attend the Georgia'Municipal Association
convention. Vote on the motion to approve the policy carried 7-0.
Max Bacon said the last water bills that went out reflected the increase in water
and sewer rates, and Cobb County has delayed our increase on sewerage treatment
until April. Hopefully from discussion tonight, a method of giving refunds or
rebates on the sewer increase can be found. Jim Tolleson said he had talked with
Wallace Pate and his suggestion was to wait until we are billed by the county
for the increase, and give credits based upon that figure, which will probably
be in May or June. Jack Shinall said the last time the county increased our
sewerage rates they went to 115% of water, and we have been charging our customers
80% of water. The City has been absorbing this loss of revenue for the benefit
of the citizens. James Williams said he did not feel we could justify the past
loss by maintaining the new rate increases and not giving credits to our customers.
Mayor Bacon suggested that Tom Hill and Willouise Spivey study the increases to
determine the best way to give refunds and have a recommendation ready for the
next meeting.
Max Bacon read a letter from Sherry Reavis outlining necessary repairs for Jonquil
Pool prior to opening this year. The estimate quoted last fall was $47,173.55
which included all repairs. Ms. Reavis said the main problem is the filtering
system which must be replaced if they are to open, at an estimated cost of $14,500.
Max Bacon made a motion bids be requested for replacement of the filtering system
to be opened'at the March 8, 1982 meeting. At that time it will be decided where
the money will come from. Jim Hawkins seconded the motion which carried 7-0.
Sarah Jones stated that Kathryn Jones would be retiring as Librarian, effective
March 26, 1982. Mrs. Jones made a motion that Doris Morris be appointed Librarian
and Monika Myers Assistant Librarian. Jim Hawkins seconded the motion which
carried by a 7-0 vote.
Jim Tolleson made a motion the Freeport Tax exemption be increased from 20% to
60%, the same as Cobb County. At the present time there are only three businesses
�� in the City claiming this exemption. Max Bacon seconded the motion which carried 7-0.
Continued - February 15, 1982
Jim Tolleson stated we have never charged late charge or interest for the first
30 days after tax bills become delinquent. After the 30-day period, we charge
12% interest and a fi fa charge of $2.00, which no longer covers the cost. Jim
made a motion we start charging 12% on the first day of delinquency and a $4.00
fee for fi fa's under $100 and $6.00 for anything over $100. Max Bacon seconded
'\ the motion which carried 7-0.
Max Bacon said the Parks Committee and Parks and Recreation Commission have been
discussing the possibility of surplusing the Lake Court Park property. This
park consists of approximately 10.4 acres, located on Lake Drive. Max said the
tennis courts are in bad shape and it is the least -used park in the City, with the
highest rate of vandalism. Max said he would like to surplus the property and
apply the funds toward the renovation of Jonquil Pool and possibly the development
of North Smyrna Park. Attorney Camp said the proper procedure would be to approve
a motion the property be surplused and establish a time limit for acceptance of
bids. Also, there would be no limitation on the time limit for accepting bids.
Mr. Camp recommended that if bids,are requested the advertisement should state
that the City has the right to accept or reject any or all bids; the property does
not have to be sold to the highest bidder. Funds from the sale would go to the
General Fund and could not be designated for any one purpose.
Jack Shinall said that quite a few years ago, Mayor J. M. Gibson signed a contract
with L&N Railroad stating that if they widened the railroad bed the City would
_ relocate the sewer lines, at our expense. They are now requesting that the City
relocate a sewer line near Campbell High School. Attorney Camp said there was
t some question in his mind as to whether or not the contract would be binding.
Jim David said he had received three estimates on relocating this line, with the
lowest being $8700. Jack Shinall made a motion that Mr. Camp begin negotiations
with L&N Railroad immediately to bring to their attention that the contract is,
possibly, not binding and if it is found to be binding that $8700 be approved to
relocate the sewer line, with the stipulation that at no time in the future will
the City be required to pay for any movement of sewer, water lines, or anything
else owned by the City. This expense to be charged to EEC Fund. Jim Hawkins
seconded the motion which carried by a 7-0 vote.
Sarah Jones made a motion the stop sign at Oak Knoll Court be removed and replaced
with a yield s.ign. Jim.Tolleson seconded the motion which carried 7-0.
There were no commercial building permits to bring before council.
Committee Reports: Elbert Coalson asked Jim David when the pavement would be
smoothed on Cherokee Road at South Cobb Drive. Mr. David said he had been working
with the State and thought they would do it for us since they have a machine that
will grind the asphalt.
! ' (Water & Sanitation) Jack Shinall said that Vic Broyles was studying the sanitation
department and he hoped to have some recommendations shortly.
(Public Safety) James Williams said the Civil Service Board would receive a letter
this week asking them to initiate an examination for the position of Fire Chief.
Bid Openings: Mayor Bacon said today was a legal holiday for some businesses and
the post office was closed. Several bids have been received on the street striping
and surplused dump trucks but there may be other bids to be placed in the box.
Mayor Bacon said this meeting would be continued February 16, 1982 at 6:00 p.m.,
for the purpose of opening all bids. Meeting adjourned at 9:20 p.m.
February 16, 1982
The regular meeting of Mayor and Council held February 15, 1982 was continued for
the purpose of opening bids. Bids for restriping of streets were opened, read and
recorded as follows:
Master Marking Stripe Service:. Pavement marking of center line, edge lines, and
skip lines on enclosed list of -streets, Exhibit A.
1.01 The work specified in this section consists of applying pavement
markings at a price set and fixed for a one-year period.
A. Striping without glass spheres set/fixed at .09C per linear foot
B. Striping with glass spheres set/fixed at .12� per linear foot