03-08-1982 Regular MeetingMarch 8, 1982
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on March 8, 1982. 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 Jack Shinall,
who was ill. 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.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Mayor Bacon stated that item 6 on the agenda, a rezoning request by Virginia Garvin,
Jim Perry and Al Cerqueda at 2390 Beaver Creek Road from R-15 to Limited Commercial
had been withdrawn; a rezoning request by E. C. Long for property on Spring Road
in Land Lot 594, from R-15 to General Commercial had been withdrawn, and also a
variance request by E. C. Long at the same location. Item 18 on the agenda, discussion
on surplusing of Lake Court Park property would be moved up on the agenda.
Citizen Reports: (1) A citizen thanked Mayor Bacon for his help in handling a
complaint about a dog which had bitten his son. Police reports were made on several
incidents concerning this dangerous dog, but it took a call to the Mayor's office to
have any action taken. Mayor Bacon thanked him and said there was some misunder-
standing about the incident., but assured Kim that if it should happen again, proper
action would be taken immediately.
(2) A representative of the Jonquil City Kiwanis and Don Yow presented a plaque
to Wendell Dean, Manager of Smyrna Cable TV for his help in sponsoring the annual
d telethon benefiting the Calvary Children's Home and for his service to the community.
Lake Court Park: There were quite a few residents of the Lake Court Park area
present, opposed to surplusing the park property. Mr. Tom Mathis, a resident of
Lake Drive stated this park served as a natural buffer for the homes on Lake Drive
and asked Council's consideration in leaving it as is, with some improvements made.
Mr. Doc Gross of 821 Lake Court also stated his opposition to the sale of the park,
and said it was used quite frequently by children in the neighborhood.
Max Bacon said this was discussed briefly at the last meeting, and placed on the
agenda again tonight to get some input from the citizens. The Parks and Recreation
Commission had recommended the park be surplused due to the high vandalism rate,
poor condition of the tennis courts and low rate of participation. Sarah Jones
said since this subject was discussed originally she had been contacted by quite
a few people, and realized the park is being utilized by quite a number of families
who have no need of the ball parks or swimming pools at the larger parks. Jim
Tolleson said the City is in danger is losing the 77 acres donated by the Federal
Government for parks if a'road is not built and the property fenced, within the
very near future. These funds are not available nor budgeted and this is one of
the reasons for surplusing Lake Court Park. The 77 acres would not be developed
anytime within the near future, but if we are to maintain the land these two items
need to be taken care of.
After further discussion, Max Bacon assured everyone that a vote would not be called
for tonight and they would meet again with the Parks Commission to see if another
alternative could be reached. Mayor Bacon suggested that Mr. Gross and another
representative from that area also be present at the Commission meeting on March
23rd.
Amendments to Alcoholic Beverage Ordinance: Sarah Jones made a motion that
Section 3-26, sub -paragraph be deleted in`its entirety and replaced with the
following:
That no license shall be issued hereunder for the sale of malt or vinous
beverages, where the place of business of the applicant is located within
a distance of three hundred (300) feet from any church, school, public park
or library. Measurements in lineal feet shall be made from the center of
any door of customer entry of the proposed premises of licensee to the
nearest property line. A map showing distances and locations must be furnished
by a registered surveyor or engineer. The provisions of this section shall
apply for the church or school building or .any portion of the lot as
herein described located within the city. The schools or colleges referred
to herein shall include such state, county, city, church or other schools
as teach the subjects commonly taught in the common schools and colleges
of this state, and shall not include private schools and colleges wherein
March 8, 1982 - Continued
only specialized subjects such as law, stenography, business, music, art,
medicine, dentistry, vocation, occupation and other special subjects are
taught. Provided however, in no event shall the building containing such
establishment be located closer than two hundred (200) feet from the property
line of any church, as measured by any means of measurement. If the owners
of any church, so affected agree in.writing to a waiver of the two hundred
(200) foot requirement, said waiver may be considered by the governing
body in acting upon said application, and a variance to the distance require-
ment may be made.
Following a question from Jim Hawkins, Attorney Camp said that legally, a letter
such as this could not bind council in granting such a request. Also, the
granting of one waiver would not set a precedent because these are privilege
licenses and each one is considered individually when brought before council.
Jim Tolleson seconded the motion to approve the amendment, which carried by a 6-0
vote.
Sarah.Jones made a motion that Section 3-21 of the Code of Ordinances be deleted
in its entirety and replaced with the following:
No licenger-for the sale of spirituous liquors shall be granted to any
applicant who is not a citizen of the United States acid who has not resided
continuously within this county for the six (6) month period next preceding
the year for which application is made. Where the applicant is a corporation
whose primary business is the operation of a liquor store or a business which
sells spirituous liquor by the drink, an officer or other agent for service
of such corporation must meet the within resident requirements and the
license shall be issued to the corporation and an officer or other agent
for service of such corporation. Where'the applicant is a corporation whose
primary business is other than the operation of.a liquor store or a business
in which spirituous liquor is sold by the drink, the license shall be issued
to the corporation and an officer or agent of such corporation who meets the
above requirements. If the applicant is a partnership, the same requirements
pertaining to corporation shall apply to all partnerships. Where the applicant
is a corporation whose primary business is the operation of a hotel, motel
or motor inn having fifty (50) or more guest rooms, the officer or agent
of such corporation shall have been a resident of the state for the six (6)
month period next preceding the year for which application is made. All
stockholders therein shall meet all other requirements. (Ord. of 9-18-72,
Sec. 19-2011; Ord. of 9-18-72, Sec. 20-2010)
Elbert:Coalson seconded-the°motion: Fo1:16wing'a question from Jim..Hawki;n�, Chief
Little said the'6 mohth'residency-requirement.woul:d,make it-difficuit'foi- his
departmentiin co6duc'ti-ng'their investigation. Jim Hawkins amended the motion to
read the 6 month residency requirement for the county and state be changed to
one year. Max Bacon seconded the amendment. Vote on the amendment carried 4-2,
with James Williams and Elbert Coalson opposed. Vote on the main motion carried
6-0 .
Sarah Jones made a motion that Section 3-26, sub -paragraph (12) be deleted in its
entirety and replaced with the following:
That applicant does not reside within the limits of Cobb County or in the
event applicant is a corporation that the officer or agent for service
applying shall reside not within Cobb County.
Jim Hawkins seconded the motion which carried by a 6-0 vote.
Sarah Jones made a motion that Section 3-50 of the Code of Ordinances, title and
sub -paragraphs (a) and (b) be deleted in their entirety and replaced with the
following:
Limitation on number of package spirituous liquor licenses,
(a) No application for a retail license to sell package spirituous liquors
at retail shall be granted where the person applying for such license and
all members of such person's immediate family already hold two (2) interests
in a license to sell spirituous liquor at retail anywhere.
(b) All applications for license, both original and renewal, must be
accompanied by a full and complete statement under oath of information
relative to any and all interest, as hereinabove defined in sub -paragraph
(a), in retail liquor stores. This shall include the names and addresses
of all persons interested in the ownership of the business of selling at
March 8, 1982 - Continued
retail package spirituous liquor, together with any interest each person
or any member of his immediate family has in any other business to sell
spirituous liquor; the ownership of the land and building where such
business is conducted and the manner in which the same is determined and
to whom and at what intervals compensation is paid, the names and addresses
(by affidavit from the owner, lessor sublessor of such land and building)
of all persons having any whole, partial, beneficial or other interest in
and to the land and building on and in which said business to sell spirituous
liquor is located; and any other information called for by the governing body.
Jim Tolleson seconded the motion to approve the amendment, which carried 6-0.
Sarah Jones made a motion that Section 3-56 of the Code of Ordinances be amended
by adding sub -paragraph (f) as follows:
In the event the license holder is an officer or other registered agent
for service of a corporation, upon certification by the secretary of the
corporation that such officer or registered agent is no longer employed
by the corporation or otherwise ineligible to hold said license, such
license shall be transferrable to such officer or other registered agent
of the corporation who makes application and otherwise qualifies under
this Code. During the period of notice to the city and before such appli--
cation is approved, the president of the corporation shall be deemed to
be the temporary license holder and service may be made upon him for any
cause by notice to the agent in charge of the premises. Notwithstanding
anything else contained herein, it shall be the duty of the corporation to
immediately notify the city of the disqualification of the license holder
and apply for transfer of said transfer which shall take place within
sixty (60) days from date of notice.
Jim Hawkins seconded the motion which carried by a 6-0 vote. Attorney Camp said
he had another recommendation that had just occurred to him relative to what
Chief Lit�le had said about corporations being out of state, and there was always
some concern on the part of out of state corporations having an agent hold a
license of this nature. This could be solved by adding a sub -paragraph (15)
to Section 3-26 which would read that any corporate applicant who is not registered
or domesticated with'the corporations commissioner, office of the Secretary of
State of Georgia, would then require the corporation itself to be registered with
the Secretary of State's office. This way, you would have a record of corporation
even if it were a large stock company. Mrs. Jones -said this would be brought up
at the'next meeting for approval.
Rezoning: Joe and Maria Boling requested rezoning of property at 1099 Concord
Road from R-15 to Limited Commercial. Mr. Boling said his construction company
and a real estate office would be located there. The building will be completely
renovated with cedar siding on the outside. Mr. Boling said there would not be
any trucks or heavy equipment parked there. There was no opposition and Jim Hawkins
made a motion the zoning be approved. Max Bacon seconded the motion which carried
by a 6-0 vote.
Rezoning: Ronald C. Finch requested rezoning of property at 947 Concord Road
from R-15 to Limited Commercial. Darlene Devicino represented Mr. Finch and said
she planned to have a travel agency at the location. Mrs. Devicino said the building
would be renovated with cedar siding, and would also have adequate paved parking.
Jim Hawkins made a motion the zoning be approved. Sarah Jones seconded the motion
which carried by a 6-0 vote.
Commercial building permits: W. S. Caswell requested a building permit for
construction of a 5,000 square foot restaurant on property across from Pat Mell
Shopping Center, at a total estimated cost of $100,000. Inspector Dan Steely
recommended the permit be approved, subject to the City Engineer's approval of
the site plan and approval of the Fire Marshal. Elbert Coalson made a motion the
permit be approved. Jim Hawkins seconded the motion which carried 6-0.
Package License: Big Star #5789 located at 2784 Hargrove Road requested a malt
beverage and wine package license, the applicant being Mr. Steve Odom. This
request was tabled at the February 15, 1982 meeting. Sarah Jones said the store
did not meet the distance requirement from Bethel Baptist Church but a letter had
been received from the church stating they had no objections to issuance of the
license. There was no opposition, and Sarah Jones made a motion the license be
granted, seconded by Jim Tolleson. Attorney Camp said that. question #6 on the
application, name of the business manager, had not been answered. Mr. Odom said
Continued - March 8, 1982
the manager would be P. D. Shierling, and at the time application was made they
did not know who the manager would be. Vote on the motion to approve the license
carried 6-0.
Pouring License: Mr. James E. Burnham requested a malt beverage, wine and liquor
pouring license for Barfield's, 2361 South Cobb Drive. This request was also
tabled at the February 15, 1982 meeting. Sarah Jones asked Mr. Burnham if any
of the previous owners would be involved, since he had originally applied for a
transfer. Mr. Burnham said he applied for a transfer since the location was already
licensed, but the license has since expired and this would be a new application.
Mr. Coalson said again that he would have to vote against the license due to
problems created by the other owners. There was no opposition and Sarah Jones
made a motion the license be approved, seconded by Max Bacon. Vote on the motion
tied 3-3, with Sarah Jones, Jim Tolleson and Max Bacon voting for; James Williams,
Jim Hawkins and Elbert Coalson opposed. Mayor Bacon voted in the affirmative to
break the tie and grant issuance of the license.
Transfer of Package License: Red Dot Package Store, 3809 South Cobb Drive requested
a transfer of the liquor, malt beverage and wine package license, the applicant
being Judith Anita Phillips. There was no opposition and Sarah Jones made a motion
the transfer be approved. Max Bacon seconded the motion which carried 6-0.
Bid opening: Bids for the replacement of the filtering system at Jonquil Pool
were opened, read and recorded as follows:
r I'll
Bid #1 Bid #2 Bid #3
-
Irwin & Mahaffey Const. Co. $10,800 $11,000 $ 600
P. 0. Box 467
Watkinsville, Ga.
The Poolman $12,150 $13,850 $1,450
4601 So. Cobb Drive
Smyrna, Ga.
Aqua -Rama $10,960 $13,000 $1,100
565 Powder Springs St.
Marietta, Ga.
Max Bacon made a motion the bids be turned over to committee, with their recommen-
dation back to full council at the next meeting. Jim Hawkins seconded the motion
which carried by a 6-0 vote.
/ Request for -bids: Jim Hawkins said due to the large developments underway in the
J area of Pasadena Boulevard, the City feels an obligation to continue Pasadena to
Spring Road and made a motion that we advertise for bids for construction of
Pasadena Boulevard, to be opened the first meeting in April. The advertisement
will state that specificationsrmby;be purchased from the City Engineer's office,
and the City will reserve the right to accept or reject any or all bids. Elbert
Coalson seconded the motion which carried by a 6-0 vote.
Jim Tolleson made a motion that bids be accepted for installation of a 12" water
line on Pasadena Boulevard to be opened at the April 5th meeting. James Williams
seconded the motion which carried 6-0.
Elbert Coalson made a motion that expenses for installation of a large water meter
on Smyrna Roswell Road be approved, approximately $23,000, to be paid from E&C
Fund. Jim Tolleson seconded the motion which carried 5-1, with Max Bacon opposed.
Sarah Jones said at the last meeting, a proposed ordinance for the regulation of
tattoo parlors was read into the minutes and made a motion that it be approved
as read. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Mayor Bacon said we have had serious problems with the lift stations on Willowbrook
Drive and Hickory Acres Drive and would like to have Mallett & Associates complete
their study as quickly as possible so this situation can be corrected. Jim Tolleson
made a motion an engineering study be performed on these two pumping stations,
to be converted to gravity flow, with the study presented to council so that bids
can be requested. Sarah Jones seconded the motion which carried by a 6-0 vote.
Elbert Coalson made a motion the minutes of February.l, 1982 be approved as sub-
mitted. Jim Hawkins seconded the motion which carried by a 6-0 vote.
Continued - March 8, 1982
Jim Tolleson made a motion the minutes of February 15 and 16, 1982 be approved
as submitted. James Williams seconded the motion which carried by a 6-0 vote.
Committee Reports: Sarah Jones said she hoped we could act quickly on correcting
the problems we have with the lift stations and thanked the people in Ward 7 for
their efforts in cleaning up.
Elbert Coalson read a letter from Economy Motors, Inc., at 2994 Atlanta Road
addressed to Dan Steely requesting a permit under Section 6-100 of the Code to
display flags for 30 days during their grand opening. Elbert Coalson made a motion
the temporary permit be granted. Max Bacon seconded the motion which carried 6-0.
James Williams made a motion that council authorize the criteria for the Civil
Service Board to fill the position of Fire Chief, with the following recommendations:
That a0plications be closed to all those below the rank of Captain or the Civil
Service grade equivalent, and that the position be advertised for a period of 30
days. Elbert Coalson seconded the motion. Jim Tolleson said he felt the restriction
should not be placed on the rank since this would make the test available to only
5 or 6 people, and felt the least they should do is accept applications metro -wide
with a restriction that they must reside in Cobb County if they accept the job.
Jim said he felt council had an obligation to select the best qualified person
for the job and could not see limiting the test to 5 or 6 people. Sarah Jones
said she also felt the examination should be open. Mayor Bacon said the last
Grand Jury had also recommended the merging of our fire department with Cobb
County and he would be in touch -with Harry Ingram soon to discuss the possibility
of consolidation. James Williams said the same Grand Jury had also cited the Cobb
County fire department for inadequate fire protection and wondered how they could
finance ours if they are unable to take care of their own. Jim Hawkins said he
felt there would be a morale problem involved if the test is open and felt it
would be denying some of our employees with quite a few years of service the
opportunity of advancement. Mr. Williams said he felt that someone applying from
a larger city would have an advantage, because their training would be more ex-
tensive. Attorney Camp called attention to Section 77(7) of the Charter which
states that all applicants must be subject to examinations, which shall be public
and competitive, and open to all citizens of the United States, within limits as to
age, health, habits, and moral character, to be fixed by said Civil Service Board.
After further discussion, Max Bacon made a motion this matter be tabled to the
next meeting. Jim Tolleson seconded the motion which tied 3-3. Voting for was
Sarah Jones, Max Bacon and Jim Tolleson. Opposed was Elbert Coalson, Jim Hawkins
and James Williams. Mayor Bacon voted in the affirmative to table and break the
tie.
M ax Bacon said a speed limit sign needed to be posted on Park Drive and asked the
Street Committee to look into it. Jim Tolleson said also that the road going
around the tennis courts should either be made one-way or dead-end at Park Drive
because there will be a lot of people to use this entrance'as a short cut to the
new development at the end of Park Drive.
Max Bacon said the Parks Department has a station wagon in need of repairs and
not being used, and made a motion it be surplused. Elbert Coalson seconded the
motion. Mayor Bacon said we were getting away from the policy approved several
weeks ago to not take any action on items not on the agenda. The motion and
second were withdrawn, and Max said it would be brought up at the next meeting
for a vote.
Jim Tolleson said budget preparations would begin this week and financial state-
ments would be ready before the next meeting.
Jim Tolleson said he had received a letter from one of our citizens commending
three of our police employees who helped him in a situation where he had found
his grandmothers body. The officers were W. T. Martin and J. Dobbins and Jim
asked Chief Little to convey his appreciation to them.
Ji.m Tolleson said a check had been received from the Georgia Municipal Association
for $3,593.39 for monies they collected from insurance companies who had not paid
the 1% and 2% premiums on insurance sold in the City.
Attorney Camp said he had been informed today that there may have been an action
filed today to require the City to open two roads that were closed by Council in
1974. Mr. Camp recommended that Mrs. Spivey be authorized to acknowledge service
of the action, instead of all councilmen being served individually.
Continued - March 8, 1982
Mayor Bacon said he was sorry Jack Shinall could not be present tonight, but he
was at home on medication and would be going back to the hospital tomorrow for
further tests.
Mayor Bacon said this was clean up month and the City will do its best to pick
up all trash that is put out.
Mr. Randall Courtney had some questions concerning the tattoo ordinance approved
tonight and was told to contact Mayor Bacon the next day.
With no further business, meeting adjourned at 9:45 p.m.
.V.4J�✓_J.J..1.J.J.J. J. J_.t. J_.V J. J..1..4 J. J..4 .4 J.
March 15, 1982
The regular scheduled meeting of Mayor and Council was held March 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, Public Works Director Jim David,
Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley,
Building Inspector Dan Steely and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
James Williams made a motion that the discussion to establish the criteria for
filling the position of Fire Chief be tabled again. Jim Hawkins seconded the motion
which carried by a 7-0 vote.
Bid Openings: (1) Bids for a garbage truck were opened, read and recorded as
follows:
Tri-State Tractor $47,675.00
880 Glenwood Ave.
Atlanta, Ga.
Garbage Systems & Equip. $54,987.12
P. 0. Box 655
Austell, Ga.
Jack Shinall made a motion the bids be turned over to committee, with their
recommendation back to full Council at the next meeting. Jim Hawkins seconded
the motion which carried 7-0.
(2) Bids for a pickup truck were opened, read and recorded as follows:
Capital Ford Truck Sales, Inc. $7,323.71 (1983 Ranger)
290 University Avenue $7,268.60 (1982 Courier)
Atlanta, Ga.
(cannot meet 30 day delivery'date)
Wade Ford
3860 South Cobb Drive
Smyrna, Ga.
Fouts..Brothers Datsun
2158 Atlanta St.
Smyrna, Ga.
Day's Chevrolet
4461 S. Main St.
Acworth, Ga.
Strother Ford
810 Cobb Pkwy.
Marietta, Ga.
$6,948.61 (1983 Ranger)
$7,013.00 (1982)
$7,413.13 (1982)
$7,099.00 (1982)