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11-15-1982 Regular MeetingNovember 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:Future 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- November 15, 1982 - Continued cation for rezoning was for Office & Institutional and he was now asking for Limited Commercial. Willouise Spivey said Mr. Benton originally applied for Office & Institutional but the Planning and Zoning Board recommended the Limited Commercial zoning instead, and it was properly advertised and posted for Limited ' Commercial. Mayor Bacon read the minutes of the Planning and Zoning Board meeting where they recommended the zoning be approved by a 5-2 vote. Mr. Benton said he had ample room for parking which would be limited to King Street and would be willing to restrict any access from Bank Street. There was no opposition from the audience. Following discussion, James Williams made a motion the rezoning be approved, seconded by Elbert Coalson. Jack Shinall said he could not support the motion because he felt King Street should be the buffer from any deviation in the resi- dential area. Vote on the motion failed 2-4, with Jim Tolleson, Jim Hawkins, Max Bacon and Jack Shinall opposed. 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. Elbert Coalson made a motion that items 8 and 9 on the agenda, rezoning and request for variances of the Arrowood property on Matthews Street be continued. James Williams seconded the motion which carried 6-0. Commercial Building Permits: Ridgeview Institute requested a commercial building }; permit for an addition of a doctors office at a total estimated cost of $111,900. Upon the recommendation of Inspector Larry Dunn, Max Bacon made a motion the permit be approved, subject to approval of the city engineer and Jim Mallett. Jim Tolleson seconded the motion which carried 6-0. Max Bacon made a motion the following dead-end streets be closed and abandoned: Ward 1: Barbara Lane, east end Ward 2: Navaho Trail, southwest end Barbara Lane, west end Shawnee Place, southeast end Brenda Drive, west end Sioux Path, north end Brenda Drive, east end Argyle Drive, east end Rollingview Drive, south end Hickory Place, south end Spring Creek Place, north end Ann Road, northeast end Spring Drive, north end Beach Valley Drive, north9*4 end Ward 5: Hickory Acres Drive, west end (Amended December 6,'1982) There was no opposition from the audience. These street closings were advertised in the Smyrna Neighbor on October 21, 28 and November 4, and posted at each point of closing. Someone from the audience asked if a cul-de-sac could be made at the end of his street. Attorney Camp said that from the point at which the streets were closed the right of ways would be abandoned, and to make a cul-de-sac would require the purchase of additional right of way. Jim Tolleson seconded the motion \., which carried by a 6-0 vote. Ordinance Amendments: Jack Shinall said on November 2, 1982, a referendum was approved in Cobb County for the sale of alcoholic beverages on Sunday, and for the City to conform it would be necessary to amend our ordinance concerning the hours of sale. Attorney Camp read the proposed amendments as follows: To amend provisions of hours of sale, to require a Sunday Sales Permit, placing certain requirements on licensed applicants and for other purposes. Pursuant to the provisions of Ga. L. 1982, p. 1768, the election superintendent of Cobb County called for an election for the purpose of submitting Section 3 of that Act, relating to sale of Alcoholic Beverages under certain prescribed circumstances on Sunday, to the electors of Cobb County for approval or rejection. Such an election was held on November 2, 1982 at which time the following votes were cast: YES - 35,622 NO - 34,777 . VOID - 0 The results of the election were certified by the election superintendent on November 4, 1982• It is declared that more than one-half of.the votes cast on such question were for approval of Section 3 of the Act; therefore, Section 3 is of full force and effect. 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. Section 3-68 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 establishment 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. November 15, 1982 - Continued (f) The Sunday'Sales Permit shall be subject to the provisions of Section 3-53 or any other requirement contained in these ordinances pertaining to revocation proceedings and shall be automatically revoked if the alcoholic beverage pouring license is revoked. Jack Shinall said the applications for Sunday sales would be available tomorrow. Each establishment applying will be asked to submit receipts or an audit regarding their percentage of food sales, which must be 60%. A fee of $75 will be charged for the remainder of this year and the annual fee established prior to January 1, 1983. Jack Shinall made a motion the ordinance amendments be adopted, seconded by Max Bacon. Jim Hawkins said that he, along with many other people, was dis- appointed in the results of the referendum but Cobb County has already implemented the Sunday sales and for us to not do the same thing would hamper our restaurants in their ability to compete. If we do not allow them to be competitive we will not have any local business. Jack Shinall said that beginning next year, establish- ments operating on Sunday will be required to furnish the City with an audit by a Certified Public Accountant to verify their 60% food sales. Vote on the motion to approve the amendments carried 6-0. Request for Bids: James Williams said he felt our police station building should be cleaned regularly by a professional cleaning service, and made a motion that bids be accepted. Jim Hawkins seconded the motion which carried by a 6-0 vote. Elbert Coalson said at the last meeting bids were opened for a curb machine. The public works department has not seen a demonstration of the machine, and Elbert made a motion the bid award be tabled to the next meeting. Jim Tolleson seconded the motion which carried 6-0. James Williams said all the cities in Cobb County had jointly applied for a Federal Grant to set up a D.U.I. Task Force, which has been approved. This Task Force will upgrade the capabilities of enforcement in D.U.I. cases and educate the general public. This is a one-year Grant with the Federal share to be $32,171, and a local share from each municipality of $13,787. This money will be used for equipment, automobiles, personnel and operating expenses. James Williams made a motion the City participate in the D.U.I. Task Force and $13,787 allocated for our share of the Grant. Jim Tolleson seconded the motion. Chief Little said any cases made within the City will be tried in our court. One man from our police department will be assigned, and he will be more highly trained and knowledgeable in this field. Vote on the motion carried 6-0. Community Block Grant: Mayor Bacon read the priority list of repairs which can be made under the Community Block Grant funds as follows: 1) Install sanitary sewer trunk line from Woodland Arms Apartments south to Cherokee Road. (delete 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 gutter on McLinden Avenue from Evelyn Street to Medlin Street - $12,000 5) Install curb and gutter on McCauley Road from Concord Road to South Cobb Drive - $25,000 6) Replace 2" water mains with 6" mains - Frasier Street, Nichols Street and Pickens Street - $16,000 Ann Road and Hickory Acres Drive lift stations are in dire need of replacing with gravity flow lines. Cobb County has promised to replace these. The number one item on the priority list, the deletion of the lift station at Wood- land Arms Apartments will take the biggest part of the money available. The City's portion of the Grant is $153,538 and the cost to remove the lift station could range from $90,000 to $140,000. A lot of the other work on the list can be done by the City when the curb machine is purchased. Mayor Bacon said the County approved the list by items as listed, and costs were estimated. Jim Hawkins said he felt we should approve each item on the list and make repairs until the funds were depleted. His concern was that the first two or three items would take the entire amount of funds available and the other projects would not be done. Jack Shinall November 15, 1982 - Continued said this was a 2-year Grant and if we cannot complete the entire list, another priority list will be submitted to the County next year for approval. After further discussion, Jack Shinall made a motion the priority list be approved. Elbert Coalson seconded the motion which carried 6-0. Max Bacon said Quarles Street was a very narrow street and he has received several complaints from residents about cars parking on the street. Max made a motion that "No Overnight Parking" signs be placed on Quarles Street. Jack Shinall seconded the motion which carried 6-0. Elbert Coalson said that S. J. Groves & Son was the low bidder on the three paving projects recently approved, but they have notified Jim David that they will not be able to handle these projects due to the workload with their State contracts. Jim Hawkins made a motion the rules be suspended to allow a motion for the bid award. Jim Tolleson seconded the motion which carried 6-0. Elbert Coalson made a motion the paving bid be awarded to McIntosh Paving, the next lowest bidder at $9,052.40. Jim Hawkins seconded the motion which carried 6-0. Committee Reports: (Library) Doris Morris said National Childrens Book Week would continue through November 21st. Also, she has received many good comments about the improved lighting in -the parking lot and surrounding area. (Privilege License) Jack Shinall asked Willouise Spivey to assign Melinda Hiatt the responsibility of reviewing all liquor and malt beverage applications to be sure everything is in order prior to council meetings. (Insurance) Max Bacon said the proposals for liability and property casualty insurance should be submitted no later than December 9, 1982 and the bid will be awarded at the second meeting in December, for 1983. Max Bacon said he had met with several groups and we are having a problem in the City with people subdividing homes and renting out a portion of them, which is in total violation of our zoning ordinance which says that homes in residential areas must be for single family housing units. Max said that hopefully we can get this straightened out. Also, we are having a problem with people operating businesses from their homes which is also in violation of the ordinance. (Water) Jim Tolleson reminded everyone that we would only have one residential garbage pickup during Thanksgiving week. Announcements: Next council meeting December 6, 1982. With no further business, meeting adjourned at 8:47 p.m. ARTHUR T. BACON, MAYOR 44�1 LLLLOOUISE C. SPIVEY, CI Y PRK �'A^QES E. TOLLESON, WARD 1 MAX BACON, WARD 2 JA ES WILLIAMS, WARD 3 JAMES M. HAWKINS, WARD OCKSHINALL, WARD 5 ELBE T R. COALSON, WARD 6 S RAH JONES, WAR CIVIL SERVICE BOARD MEMBER I, C. Earle Cochran do solemnly swear that I will well and truly demean myself as a member 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. Member, Civil Service Board Seal Subscribed and sworn to before me this 2nd day of November, 1982.