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05-01-1978 Regular MeetingMay 1, 1978 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 1, 1978, City Hall, Smyrna, Georgia. 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, Police Chief R. E. Little, Fire Chief Don Atkinson, Act- ing Director of Parks and Recreation Sherry Reavis, Assistant Public Works Director Vic Broyles and Acting Inspector John Steely. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Citizens Reports - Jim Martin, representing the Smyrna Girl's Softball Association re- quested permission to hold a parade on May 13, 1978, forming at Smyrna Drive -In at 9:00 a.m., south on Atlanta Road to Spring Road, east on Spring Road to Jonquil Park. He ex- tended an invitation to Mayor and Council to take part in the parade. Elbert Coalson made a motion the parade be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. Mayor Johnson stated the Supreme Court of Georgia had ruled a certain section of the Cobb County Alcoholic Beverage Ordinance as unconstitutional. This same section is a part of the City of Smyrna Alcoholic Beverage Ordinance, and to comply with this ruling and make our ordinance constitutional, we must delete from Section 3-26, paragraph (9) and from Section 3-30, the following wordage: "This provision shall apply if a majority of the owners of the land zoned for residential purposes as herein defined attend the public hearing as hereinafter provided either in person or by attorney or by representative and object to the issuance of the license; provided;" Rem Bennett read Section 3-A6, paragraph (9) and Section 3-30, as they stand after the deletion as stated above, and made motions they be approved as read. Jerry Mills seconded the motions which carried by 7-0 votes. Jim Hawkins said section of the Alcoholic Beverage Ordinance were vague and hard to de- fine. He proposed to amend Sections 3-1; 3-26, subsections 8 and 9; 3-30 and 3-31. Jim Hawkins read and made a motion, Section 3-1, Definitions, be amended to read as follows: "Distance - The measurement in lineal feet from the center of any door of customer entry of the proposed premises of licensee to the nearest property line of any church, library, school, college, public park, public housing, public hospital or private residence as defined herein. A radius shall be measured from the center of any door of customer entry of the proposed premises of any licensee to the nearest property line of any church, library, school, college, public park, public housing, public hospital or private residence as defined herein." Jack Shinall seconded the motion. After discussion, Jack Shinall made a motion this item be tabled for further review. The main motion and second was withdrawn. Jack Shinall made a motion the Code of Ordinances be amended by deleting Section 22-6 in its entirety and replace with the following, to be effective June 1, 1978. "All accounts for water, sewer, and sanitation services shall be due and pay- able as of the billing date. Any account not paid within 45 days from the billing date shall be deemed to be delinquent. Provided however, that in the event any person to whom water, sewer or sanitation services are furnished shall dispute, in writing, the amount of their bill within 45 days of the billing date, the account in question shall not be considered delinquent until final determi- nation of the disputed claim or -account. The written dispute shall be submitted to the Director of Finance & Administration who shall make a written determination of the dispute within 14 calendar days from the date the written dispute was re- ceived. Should the customer appealing still disagree with the determination of the Director of Finance & Administration, the next appeal is to the Mayor and Council and this shall be conducted at the next regularly scheduled meeting of the Mayor and Council following the determination by the Director of Finance & Administration.11 Jim Tolleson seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion the Code of Ordinances be amended by adding Section 22-8 as follows: "All applications for water, sewer, and sanitation services shall be -signed by the owner and the applicant and shall include, but not be limited to the following: The undersigned hereby understand and agree, in consideration for the services and materials performed or to be performed by the City of Smyrna and ____,,, the mutual benefits to each of the undersigned to the other, that all unpaid bills for water, sewer, and sanitation services shall constitute a lien on the (Continuation of May 1, 1978 Meeting) property to which they are furnished and shall be of equal dignity with ad valorem taxes and shall also be and remain the personal obligation of each of the undersigned, jointly and severally, to said City. Further, the undersigned understand that the City of Smyrna has the option but not the obligation in addition to other remedies to refuse or discontinue service to either the individual or the property where any bill for ser- vice remains unpaid for a period of (45) days." Jim Tolleson seconded the motion. During discussion Jim Tolleson asked what would happen with out of town ownership rental houses. Would the renter have to wait to get the owner's signature before we would service him with water? It was decided service could be given at the time of application and a letter mailed to the owner for his signature. Jerry Mills stated he thought the citizens should be notified of these changes before they go into effect. Jerry motioned to amend the original motion to state the effective date would be June 1, 1978. Rem Bennett seconded the motion. Vote on the amendment was 7-0. Vote on the original motion was 7-0. Jack Shinall made a motion the Code or Ordinances be amended by adding Section 22-9, to be effective June 1, 1978, which reads as follows: "All bills for water, sewer and sanitation services, when mailed during the usual course of business to the person or persons and at the address as appears on the application for service shall be deemed notice as provided herein without the necessity for further notice by the City. Unless other- wise specified, the property address shall be deemed the correct mailing address for applicant or owner." Elbert Coalson seconded the motion and the vote was 7-0. Jack Shinall made a motion the Code of Ordinances be amended by adding Section 22-10, to be effective June 1, 1978, as follows: "If an account for water, sewer, or sanitation services becomes delinquent, the City shall have the option, but not the obligation, to proceed with any or all the following cumulative remedies against the person.or persons to whom the services were rendered or against the owner of the property or both: (A) The City shall have the right to refuse or discontinue such services to the property until all delinquent bills and reconnect charges are paid in full. (B) Delinquent bills shall and do hereby constitute a lien against the property of the same priority and with the same remedies available to the City as delinquent unpaid ad valorem taxes owed to the City; including foreclosure through judicial processes. (C) In the event any application for service is made by an individual as lessee of property where service has been refused or discontinued for non-payment of delinquent bills, such tenant/applicant must enclose with such application the cost of installation of a new separate meter for such service. (D) In addition to the other remedies, but not by way of limitation,'r the City shall have the right to proceed for collection of all past due or delinquent accounts for water, sewer, or sanitation services through all legal remedies, including suit at law against the applicant, the owner of the property, or both jointly and severally." Jerry Mills seconded the motion which carried 7-0. Jack Shinall said that too many people were not paying their bills and this is the reason for the changes. A five minute recess was called and the meeting reconvened at 8:05 p.m. Commercial building permits were presented by John Steely and upon his recommen- dation the following action is recorded: (1) Approval of a site plan was requested for the West Smyrna Swim and Tennis Club on Willowbrook Drive. The request complies with all zoning and city ordinances and he recommended it be approved. During discussion it was brought out the entrance to the Club would be the old Turley Road, off North Cooperlake Road in the county. John Steely said there would be natural buffers and the lights from the tennis court were so situated they would not bother anyone, but visors would be provided if necessary. The Club asked for a variance in order to install a septic tank until sewerage lines were nearer. Attorney Gregg Griffin, (Continuation of May 1, 1978 meeting) representing the Club, stated County sewerage was available at a distance of about 800 or 1000 feet, which would be a great expense at this time. Don Lillie, spokesman for the opposition, said this section was one of the finest in the city and he felt a private club would be detrimental to the citizens. He was concerned about the liability of the citizens with children cutting across their property on their way to the Club; the water shed; what would happen if the Club failed or closed; and he did not feel the present planned entrance to the Club was legal. Attorney Griffin stated that Mr. Johns had guaranteed ingress and egress to the property. Jerry Mills stated he was not against the Club, but was not familiar with the site and made a motion this be tabled at this time. Motion died for lack of a second. In answer to a question by Don• -Lillie, no members of Council are members of the Club. Attorney Griffin said it would be a nice facility and at this time they were only asking approval of the site plan. Rem Bennett made a motion the site plan be approved. Jim Hawkins seconded the motion. Vote on the motion was 5-1-1. Jim Tolleson, Bill Darby, Jim Hawkins, Elbert Coalson and Rem Bennett voted for the motion. Jack Shinall voted against. Jerry Mills abstained. (2) The Pyramid Corporation requested a building permit for a water slide at 3150 South Cobb Drive. The site plan was approved at the last meeting. Plans had been approved by the Fire Marshal and the Building Inspector recommended the permit be approved. The Inspector had advised the company that a fence would be required around the retention pond. Also they had applied to Cobb County for a septic tank, since the nearest sewer line was approximately 800 feet. Vic Broyles said he did not think Cobb County would approve a septic tank since sewerage was available. Jack Shinall made a motion the permit be granted with the stipulation they would tap onto the sewerage line. The motion was withdrawn. Rem Bennett made a motion the building permit be granted. Jim Hawkins seconded the motion which carried by a 7-0 vote. (3) Quality Partitions requested a permit to remodel a building in Grant City, 3242A South Cobb Drive, to be used as a Top Value Stamp Redemption Center. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be granted. Bill Darby seconded the motion and the vote was 7-0. (4) Burger King Corporation requested a permit to build a drive-in window at their location on Atlanta Road. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be approved. Jack Shinall seconded the motion and the vote carried 7-0. (5) McDonald's requested a permit to build a drive-in window at their location on Cherokee Road. Plans had been approved by the Fire Marshal and Inspector. Jerry Mills made a motion the permit be granted. Elbert Coalson seconded the motion which carried 7-0. (6) The Flagler Company requested a permit to divide Cobb Center Theater into two mini theaters. Plans had been approved by the Fire Marshal and Building Inspector. Jerry Mills made a motion the permit be granted. Elbert Coalson seconded the motion which carried by a 7-0 vote. (7) Lee Eubanks requested a permit to build a commercial garage at 1650 Spring Road. Plans had been approved by the Fire Marshal and the Building Inspector. Mr. Eubanks had written a letter stating he would comply -with -.all buffer require- ments. Jim Tolleson made a motion the permit be granted. Rem Bennett seconded the motion and the vote was 7-0. (8) Gary Whitman, White Advertising Company, requested a permit a`nd variance to install a billboard type sign at the corner of Hargrove Road and Highway 41. The variance would be for a 50-foot height, and our ordinance states 35 foot maximum. After further discussion, Jerry Mills made a motion, citing Sections 6-105 and Section 1303 of the Code of Ordinances, that the request be denied. Jim Hawkins seconded the motion and the vote was 7-0. On motion by Elbert Coalson, seconded by Jerry Mills, May 15, 1978 was the date set to hear the appeal of the decision of Recorder's Court, filed by Marvin Brown. Vote on the motion was unanimous. Jim Hawkins made a motion the minutes of April 3, 1978 be approved as corrected. Jim Tolleson seconded the motion and the vote was 7-0. Jim Hawkins made a motion the minutes of April 17, 1978 be approved as corrected. Elbert Coalson seconded the.motion and the vote was 7-0. Jerry Mills made a motion the minutes of April 24, 1978 be approved as submitted. Bill Darby seconded the motion and the vote was 7-0. (Continuation of May 1, 1978 Meeting) Bill Darby made a motion that we readvertise and reopen the hearing for the privileged license for the Red Dot Package Store in King Springs Plaza, this rehearing to be at the next council meeting May 15, 1978. Elbert Coalson seconded the motion. After discussion Mayor Johnson called for a vote which carried 6-1. Jim Hawkins voted against the motion. Parks Committee: Jim Tolleson reminded council of interviews with Parks and Recreation Director applicants -on Saturday morning at nine, ten and eleven o'clock. Sherry Reavis reported the Craft and Antique Fair was held April 29-30, the adult softball teams are in the third'week of'play at King Springs Park, the county- wide Senior Citizens Event would be at the American Legion on May 2nd at 11:00 a.m. and the Youth Track Team will be going to District Track Meet at Dalton on May 6th. Mayor Johnson reminded Council of the GMA Meeting in Rome on May 3rd. Meeting adjourned. May 15, 1978 The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on May 15, 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, Police Chief Everett Little, Fire Chief Don Atkinson, Public Works Director Jim David, Acting Parks & Recreation Director Sherry Reavis, Inspector John Steely, Civil Defense Director Jim Farley and repre- sentatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. Hearing - Appeal of the Decision of Recorder's Court: Marion A. Brown, Docket #33095. Police Officer A. J. Osteen, Marion A. Brown and two of his witnesses, Mrs. Kathy Brown and Patricia Haygood were sworn in by City Attorney Charles Camp. The charges against Mr. Brown were driving without drivers license on his person and reckless driving (spinning tires). These charges were merged in Recorder's Court. Mr. Brown stated he was washing his car in the driveway, on an incline, and had placed a rock under the front tire for safety. He cranked the car, forgot to remove the rock, and as he drove over it his tires did squeal and the car swerved. The police officer asked to see his drivers license and he could not remember if they were under the car seat or at his mothers house. He stated the officer did not give him a chance to find'them. Kathy Brown, his wife, later produced the license which she said she found under the car seat. Officer Osteen said she went to the house to get her license to drive the car back, went to the car, unlocked the right door, and he assumed she looked under the car seat. At �. any rate she did produce his license. Officer Osteen said Mr. Brown was very argumentative and he brought him to the station but he was not booked. After further discussion Elbert Coalson made a motion to uphold the decision of Recorder's Court, but to suspend the sentence, refunding the $55.00 fine. Jim Hawkins seconded the motion which carried by a 5-2 vote. Jerry Mills and Rem Bennett voted against the motion. Privileged. License requests: (1) The rehearing for the liquor, beer and wine package license for Red Dot Package Store, 3809 South Cobb Drive, David B. Gray, applicant, was heard. Rem Bennett read the letter from Police Chief Little, dated April 5, 1978, in which he stated the investigation by his department did not reflect any reason that a license should not be granted to the applicant; how- ever, he did ask for clarification of Section 3-37, paragraph A, Section 3-24, paragraph 2 and Section 3-39, paragraph D of the Code of Ordinances. Mayor Johnson showed a plat of the property which showed the exact distances. Rem Bennett made a motion the license be approved. Jerry Mills seconded the motion for discussion. Jim Hawkins stated that in his opinion the application was still not complete. After further discussion Mayor Johnson called for a vote, which carried 5-2. Jim Hawkins and Rem Bennett voted against the motion.