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04-17-1978 Regular Meeting(Continuation of April 3, 1978 Meeting) Attorney Charles Camp reported that House Bill 1267, Act 806, amendments to the State Bingo Law, had been signed by Governor Busbee. He has secured a copy of this act and will pass it on to Police Chief Little. He commented that we never know when our efforts will pay off, but this time you stood up and asked questions and took appropriate action. Other jurisdictions took the same action and through the local and Atlanta newspapers and Channel 5 TV, got the publicity necessary for changes to be made in the State Bingo Licensing Act. He read the last sentence of this act as follows.: "The added requirements are designed to ferret out the operations which are merely 'fronts' for organized crime." He commended Council and the newspapers for their action in keeping our community and state safe from organized crime. Planning and Zoning Appeals Board appointments were made as follows: Ward-'l - W. C. McCoy, 2599 Carolyn Drive Ward 2 Ward 3 - Steve Buggay, 2641 Brown Circle Ward 4 - William T. Harvil, 801 McLendon Ward 5 - Charles Cole, 2597 Evergreen Trail Ward 6 - John Porterfield, 2209 Harold Avenue Ward 7 Appointees from Wards 2 and 7 will be announced at the next meeting. Terms of the members are as follows: Two (2) shall be appointed for a term of three years, two (2) for a period of two years and three (3) appointed for a period of one year. Mayor Johnson stated several items had been needed and talked about for years. Among them was the widening of Atlanta Road, expanded facilities for Senior Citizens, expanded facilities for a town meeting place, a fire station on the north- west side near Cobb Center, and the extension of Cherokee Road. He said it was time for these discussions and the past efforts of so many, to become a reality. He appointed Ward 3 Councilman Jerry Mills and Ward 2 Councilman Bill Darby as Co - Chairmen of this committee to get things rolling. They will be the task force necessary to bring in citizen input of those'in our city who already have the expertise, and those interested in the preservation of our downtown section. They will solicit help from local citizens, Cobb County Commissioners, state and national organizations or anyone else who can help. He urges all Councilmen to work with the committee. The Mayor announced the CMA monthly meeting would be at Kennesaw City Hall on April llth, the next Council meeting will be April 17th and the Earlybird Breakfast April 6th. Smyrna Little League Parade will be April 15th and will begin at 12:00 noon. All Councilmen are invited to take part. Meeting adjourned at 9:04 p.m. April 17, 1978 The regular scheduled meeting_9f_Mavor and Council was held at City Hall, Smyrna, Georgia.on.April 17,.'.1978. The meeting was -called to order by -'presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Director of Finance & Administration Gunter Newsom, Acting Building Inspector John Steely, Police Chief R. E. Little, Fire Chief Don Atkinson,- Director of Public Works James David, Acting Director of Parks & Recreatioii"Sherry Reavis, Civil•'Defense Director Jim Farley and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizens Reports: William Dillard, 3199 Highland Drive asked for a variance in order to build a patio at his residence. He had letters from the adjoining neighbor stating he had no objection to the open patio being built within two feet of the property line. Mr. Dillard said he had talked with the Permit Depart- ment but could not get to the office before it closed today, and wanted to start (Continuation of April 17, 1978 Meeting) construction. Rem Bennett, Chairman of the Inspection Department, said he thought this request should go through the proper channels. Jim Tolleson said he could see nothing wrong and made a motion the variance be granted. Bill Darby seconded the motion. Rem Bennett said he was against rushing this through, that he should have filled out an application, it should have been checked and presented by the Building Inspector. Jim Hawkins agreed. After further discussion Mayor Johnson called for a vote which carried 4-3. Jim Tolleson, Bill Darby, Jerry Mills and Elbert Coalson voted for. Rem Bennett, Jim Hawkins and Jack Shinall voted against. Mr. Dillard was instructed to have the signature of his neighbor notarized and get all the papers into the Permit office first thing tomorrow morning, and pick up the permit. Request for Privileged Licenses (1) Wine Pouring License, Tony's Pizza, 1024 Cherokee Road, Mary C. Menendez, applicant. Chairman Rem Bennett read a letter from Police Chief R. E. Little that investigation by his department did not reflect any facts that would bar the applicant from obtaining a license. Rem Bennett made a motion a Wine Pouring License be approved for Mary C. Menendez, Tony's Pizza. Jack Shinall seconded the motion and the vote was 7-0. (2) Malt Beverage Retail Package License, Tenneco Retail Service, 2410 South Cobb Drive, Henri Chatent Etzler, applicant. Rem Bennett read a letter from Police Chief R. E. Little stating that an investigation by his department did not reflect any reason why a license should not be granted to this applicant; however, the facts involved here are that the applicant was a license holder at this address through December 31, 1977, at which time the company decided to take the malt beverage products out of their store at this location. Approximately three months later the decision was made to put malt beverage products back in the store and the applicant submitted the new application now in question. It appears that Council may or may not view these circumstances as a revocation under Section 3-39 (d) of the ordinance, which reads as follows: "Any person licensed hereunder shall be required to renew his license on or before January thirty-first, on forms prescribed by the governing body. Failure to pay or renew said license on or before January thirty-first shall automatically revoke said license." Attorney Camp stated this section states January thirty-first is the very last day a business can operate under a license that should be renewed. After that point any application would be treated as a new application. Since this business did not intend to renew the old application it was null and void on January thirty-first and should not affect the new application. After further discussion Elbert Coalson made a motion the license be denied. Jim Hawkins seconded the motion. Rem Bennett said he had always been against having beer in service stations. Referring to the application, Jerry Mills asked why Section (b) of question 4, distance from church, was not checked. Chief Little said the distances had been cleared. Jack Shinall said he was not against beer in service stations, but since this did conflict with his occupation, or where he worked, he would have to abstain from voting. Jim Tolleson said he could see no reason this should be turned down. Elbert Coalson said the reason he made the motion was because he did not think filling stations should sell beer. Jim Hawkins and Jerry Mills said their concern was that the application was not complete. Jerry Mills made a motion this request be tabled. Vote on the motion to table was 3-3-1. Jerry Mills, Jim Tolleson, and Bill Darby voted to table. Rem Bennett, Jim Hawkins and Elbert Coalson voted not to table. Jack Shinall abstained. Mayor Johnson voted to break the tie, voting to table. Final vote 4-3-1. The request was tabled until the next council meeting. Jim Tolleson made a motion this be brought back off table. The applicant, Mr. Etzler, asked why it was tabled. Rem Bennett said the reason was the application was not complete. Jerry Mills said that with each new application a plat should be attached. Mr. Etzler said he thought there was a plat on file, attached to the previous application. Jim Tolleson asked if he had not been granted a license at this location before. Mayor Johnson advised that beer had been sold here in the past, beer sales had been discontinued, and now they have made application to start selling it again. Jim Hawkins said this was a new application, therefore without a plat attached, it was incomplete. Mr. Etzler stated he was told by the License Department that a plat was not needed, since they had had an application there before. The motion to bring this request off table was seconded by Bill Darby. Motion failed by a 2-4-1 vote. Jim Tolleson and Bill Darby voted for. Jerry Mills, Elbert Coalson, Jim Hawkins and Rem Bennett voted against. Jack Shinall abstained. Request tabled until the next meeting. (3) Red Dot Package Stores, Inc., 3809 South Cobb Drive at King Springs Plaza, David B. Gray, applicant. Rem Bennett read a letter from Chief Little stating that an investigation by his department did not reflect any reason that a license should not be granted to the applicant; however, there is a factor involved that (Continuation of April 17, 1978 Meeting) Council might need to clarify with respect to the City Ordinance. The applicant was granted a license for this location on July 18, 1977 but did not open for business within the six months period required by City Ordinance, Section 3-37, paragraph (a); therefore the license would be null and void. The applicant did not reapply by January 31, 1978 as required by Section 3-39, paragraph (d) of the City Ordinance. This brings about the question, "Can a license which has been declared null and void by an ordinance be revoked?" It appears that Council would need to resolve and clarify any conflict that might exist between Section 3-24, paragarph (2) and Section 3-39, paragraph (d) before issuing a new license. Rem Bennett asked Attorney Camp if a license could be revoked if it was never issued and the answer was no. Bill Darby made a motion the application be approved. Jim Tolleson seconded the motion. Jack Shinall asked if a plat was attached to the new application. David B. Gray, the applicant, stated there was a plat attached to the application when he submitted it to the License Department. He had a copy of the plat and presented it to Council. He also stated the reason the store had not been opened was because they were making some changes inside 'the building as well as a "slight change in the corporate structure. He had discussed this with former Inspector David Granade and they decided to let the old license expire and reapply when they were ready to open. Jerry Mills pointed out that Section 3-9 (b) of the Code of Ordinances stated the Fire Department shall inspect such premises and report -;its findings to the governing body. All premises licensed hereunder shall conform at all times with all fire regulations of the city. Bill Darby said he thought the entire building was already approved for occupancy. Mr. Gray said they had an occupancy certificate already, issued by the City of Smyrna. Jim Tolleson asked what process was used to notify the Fire Department to inspect a building. Bill Darby said the city should have sent the Fire Depart- ment out, and if we did -not it was not the fault of Mr. Gray. Mr. Gray said it seemed to him, the only thing being said was that there had not been a fire inspection since they submitted the new application. Bill Darby motioned to amend his original motion to approve, contingent to approval of the building by the Fire Marshal. Jim Tolleson seconded the motion. The motion failed on a 3-4 vote. Bill Darby, Jim Tolleson and Jack Shinall voted for. Jerry Mills, Jim Hawkins, Elbert Coalson and Rem Bennett voted against. Jim Hawkins, in checking the plat, said he did not see any measurements of distance written on the plat. According to the plat, there is a driveway running through the parking lot to King Springs Road, and there is a house directly across the street. He thinks someone should measure this distance from the front door of the store, through the driveway to King Springs Road, and to the house, since a driveway is a means of travel. Mr. Gray said the surveyor had certified that it meets all the distance requirements of the city and the state. Mr. Hawkins said he thought it would all depend on the surveyors interpretation of the nearest means of travel. Jack Shinall made a motion this request be tabled until the actual footage to the nearest residence is presented to. Mayor and Council and the fire certificate is attached. The motion to table failed by a 3-4 vote. Jack Shinall, Jerry Mills and Rem Bennett' voted to table. Jim Tolleson, Bill Darby, Elbert Coalson and Jim Hawkins voted against. Mayor Johnson said all we are trying.to do is stay inside the boundaries of the law and at the same time protect the people. Mayor Johnson called for a vote on the motion to approve the application. The motion failed 2-5. Bill Darby and Jim Tolleson voted for. Jerry Mills, Jim Hawkins, Jack Shinall, Elbert Coalson and Rem Bennett voted against. Mr. Gray asked if they could come back for a rehearing. He was told it would be twelve months before it could be heard again. Mr. Gray asked on what grounds the license. -was denied. He was told the grounds for denial were in the minutes and he could pick up a copy. He said if they knew the reasons for denial, maybe the problems could be resolved. Residential Business License Request: Daniel T..Power, 908 Magnolia Drive, requested a residential business license in order to operate an Audio Visual Rentals service from his home. Mr. Power stated he would only be making telephone solicitations from his home, no walk-in traffic, deliveries.or pickups. Rem Bennett, Jerry Mills and Jack Shinall said they were not in favor of residential business licenses, as they felt this was being unfair to businessmen who were paying for rental space. Rem Bennett made a motion the license request be denied. Jerry Mills seconded the motion. During discussion, Mr. Power said his attorney had advised him to get a business license, and he needed one in order to join the Chamber of Commerce, etc., and also for tax purposes. He was advised that if all he was going to do from his residence was solicit from his home phone, he did not need a license from us. After further discussion Mr. Power withdrew his request. Rem Bennett withdrew his motion and Jerry Mills withdrew the.second.. Bid ODeninzs: (1) Four Police Cars: 3 White 1 Blue Kelly Chrysler Plymouth No bid - factory closed for remodeling Chrysler Corporation No bid - this late date Nalley Chevrolet No bid - minimum time - three months Day's Chevrolet No bid - no longer a 121 in wheelbase unit Strother Ford $17,561.67 (3) $5,816.34 (1) (Continuation of April 17, 1978 Meeting) Chief Little said we could buy under the State Contract cheaper than the bid received, also that General Motors and Dodge was changing to smaller automobiles. Elbert Coalson made a motion the bids be turned over to the Police Committee for review and action. Rem Bennett seconded the motion. After discussion Jim Tolleson made a motion to amend the above motion that no action be taken before bids are brought back before full council. Jerry Mills seconded the motion and the vote was 7-0. Vote on the main motion was 7-0. (2) 1978 Backhoe: Metropolitan Tractor Co. $30,281.00 Case .27,373.00 W. C. Caye'& Co. No bid Cobb County Tractor Co. 29,400.00 Tri-State Tractor Co. 21,142.00 Burch -Lowe, Inc. No bid Ward Tractor Co. 34,800.00 Ditch Witch of Georgia No bid - John Deere 510 Loader - Case Model 680E Tractor-Loader-Backhoe - Model 750 Ford Tractor-Loader-Backhoe - International 270-A Diesel - Massey Ferguson MF 80 Jerry Mills made a motion bids be turned over to the Street Committee for review and letting of bid. Jim Hawkins seconded the motion and the vote was 7-0. (3) 1973 Backhoe (surplus): W. C. Caye & Co. No bid Atlantic Equipment & Mach. $3,425.50 Dan Joslin 2,660.00 Steve Buggay 3,625.00 Jerry Mills made a motion bids be turned over to committee for review and awarding of bid. Jim Hawkins seconded the motion which carried 7-0. Commercial building permits were presented by Acting Inspector John Steely and upon his recommendations the following action is recorded: (1) A request was made by Lee Eubanks to erect a building at 1650 Spring Road. There was some question about the buffer requirements and this request was deferred to the next meeting. No action was taken. (2) The Pyramid Corporation requested a site plan approval for a water slide at 3150 South Cobb'Drive. This is vacant property and meets the zoning requirements for a slide. Rem Bennett made a motion the site plan be approved. Jim Hawkins seconded the motion and the vote was 7-0. Water from the slide will be controlled in a retention pond and he will have a recirculation pump to recycle the water. (3) Ridgeview Institute requested a building permit to erect an office building adjacent to the hospital at 3995 South Cobb Drive. They presented a complete set of plans other than the sprinkler system layout. Jack Shinall made a motion the permit be granted, subject to the Fire Marshal's approval of the sprinkler system. Jim Hawkins seconded the motion and the vote was 7-0. Mayor Johnson called a short -recess at 9:00 p.m. Reconvened at 9:07 p.m. Elbert Coalson asked the Police Committee and Mayor Johnson to meet with him immediately after this meeting. Rem Bennett asked Inspector John Steely to explain the Metropolitan Area Electric Code amendments. Mr. Steely said the city was a member of the Metro Area Electric Code Council and he asked the current amendments be adopted by the city. He said every amendment was the result of some happening and he recommended they be approved. Rem Bennett made a motion we adopt the amendments to the Metro Area Electric Code up to March 16, 1978. Elbert Coalson seconded the motion and the vote was 7-0. Jerry Mills stated that Mr. Charles Potts, owner of the property directly behind City Hall on Spring Street, had asked the help of city officials in providing some parking spaces for tenants in this building. Mr. Mills asked the Public Works Department to study this request and their recommendation is as follows: North side of west -bound traffic - parking will be allowed up to the Poss building. South side of east -bound traffic from Public Works Drive past Diahn's Answering Service - parking will be allowed from 7:00 p.m. until 7:00 a.m., Monday through Friday. Parking anytime on south side through weekend and holidays. Jerry Mills made a motion the recommendations of the Public Works Department be approved. Rem Bennett seconded the motion which carried 7-0. (Continuation of April 17, 1978 Meeting) Zoning Appeals Board Members: The following members were appointed to the Zoning Appeals Board: Ward 2 Nancy Puffe Ward 7 Danny Henderson Committee Reports: Civil Defense Committee - Civil Defense Director Jim Farley reported the Explorer Post participated in a Road Rally, and the Explorer Group finished in fifth place and the Advisory Group came in first. They are continuing training as emergency field workers and beginning next Monday will be working with the Fire Department on fire prevention. Police Committee - Police Chief Little stated that under the State Contract we can get the Ford LTD II for $5251.00, which has 118-inch wheel base and a two - barrel carburetor. He said they needed cars that would accelerate quickly in order to eliminate chases and enable them to work in and out of traffic quickly, in emergency matters. Chief Little said that if the cars are not ordered by the 20th of April, he had been advised it would be late fall before delivery could be made, but if ordered now under the State Contract, the cars will be delivered within eight weeks. Elbert Coalson made a motion to reconsider the amendment made to the motion when the police car bids were opened, stating no action would be taken on the bids until they had been brought back before full council. Jim Hawkins seconded the motion, which carried 7-0. Elbert Coalson made a motion, seconded by Jim Hawkins, that the above mentioned amendment to the main motion be struck. Vote on the motion,was.7-0. , , , Water Committee - Jack Shinall stated he hoped we would move to adopt an ordinance to handle temporary building permits. He read a letter,from John Steely to P & G` Motors, 2635 South Cobb Drive, giving thempermission to operate out of the temporary building for a period not to exceed six months. This'business should be occupying a permanent building within one year from the date the business license was issued on March 27, 1978; if not, .they will be --in violation of Sections 1209, 1302, 1306, and 1370 of the Code of Ordinances,and Section 103.4 of the Southern -Standard Building Code. Jack Shinall reported the pump station on Woodland Trail had been in use eighteen (18) years and must be rebuilt or replaced. It is worn out,;not doing the job, and we have been contacted by EPA to take action. The pump was•built,and installed by Burford -Hall & Smith, Inc. and they are the only source for parts. They have offered to rebuild the station for $6940.00. To change brands at this point would cost approximately $25,000. It was agreed that since Burford -Hall & Smith was the sole source of purchase, bid requirements would be waived. Jack Shinall made a motion we spend $6940.00 to rebuild the pump station on Woodland Trail, work to be done by Burford -Hall & Smith, since they are the only supply source. Jim Tolleson seconded the motion and the vote was 7-0. To be paid from Water Revenue Funds. Finance Committee - Bill Darby reported we had been notified our Revenue Sharing Funds would be cut approximately $30,000 for the next entitlement, and asked this be kept in mind when setting up capital expenditures in the new budgets. Gunter Newsom explained the allocations were based on (1) population, (2) estimated per capita income. The data sent to us lists an increase of $331 per capita increase and a decrease in population from the 1970 census. The population figure has already been protested to the Bureau of the Census, and a letter has been mailed to the Revenue Sharing Office protesting again the population figure, also the per capita income figure, primarily based on the methodology _Bill Darby stated he''voted affirmatively for the liquor license for the Red,-D0t Package Store in King Springs Plaza and he made a motion for reconsideration. Elbert Coalson seconded the motion. Mr. Coalson stated he had changed his mind because he was advised we could not win a court case, since we had already approved an application for this location, and he did not want to spend tax payers money if we could not win. Jerry Mills said we would be going against the ordinance, from the Fire Department standpoint, since the ordinance said the Fire Department must inspect the building with every new application; also, according to the City Charter, Section 33, the Mayor shall appoint such committees as shall be provided for by ordinances, or as he may think necessary, and the said Mayor and Council shall by proper ordinances prescribe their duties; Rem Bennett is Chairman of this committee and he did not bring this up; the agenda says committee reports, not any committee report. Mayor Johnson said it was brought up under committee reports, but it could have been brought up later. Rem Bennett asked that if at any council meeting, if someone feels low about voting a certain way, it will be brought up and voted on again. Mayor Johnson said that according to Robert's Rules of Order, Mr. Darby can bring this up again. Jerry Mills said he was not (Continuation of April 17, 1978 Meeting) in favor of waiting until all the people were gone and try to slip something in the back door. Jim Hawkins said he voted against the motion because he question- ed the distance to homes, and until it is remeasured he cannot reconsider. The motion to reconsider carried by a 4-3 vote. Jack Shinall, Elbert Coalson, Bill Darby and Jim Tolleson voted to reconsider. Jerry Mills, Jim Hawkins and Rem Bennett voted against. The main motion was made by Bill Darby to approve the application. It was seconded by Jim Tolleson. The motion lost on a 3-4 vote. Bill Darby, Jim Tolleson and Elbert Coalson voted for. Jack Shinall, Jim Hawkins, Jerry Mills and Rem Bennett voted against. Mayor Johnson read a resolution stating the City of Smyrna has applied for Certification to the Georgia Municipal Association, Georgia Power Company and Georgia Tech's Economic Development Laboratory, all sponsors of the Certified Cities Program, also declaring April 22, 1978 as cleanup day in the City of Smyrna. He thanked the Certified Cities Committee, Nancy Puffe, Katie Johnson, Shirley Vennell and Linda Wells for doing an outstanding job. Meeting adjourned at 9:55 p.m. B. JOHNSON, MAJOR MAN WILLOUISE C. SPIVEY,