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05-15-1978 Regular Meeting(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. (Continuation of May 15, 1978 Meeting) (2) The request for a Malt Beverage Package license for Tenneco Retail Service Co., 2410 South Cobb Drive, Henri Chatent Etzler, applicant, was brought off table by a motion by Rem Bennett, seconded by Bill Darby. The vote carried 6-1. Jack Shinall abstained. Rem Bennett read the letter from Chief Little, dated April 5, 1978, stating an investigation by that department did not reflect any reason why the applicant should not be granted the license;.however, he did ask clarification of Section 3-39, paragraph D, of the Code of Ordinances. After discussion Rem Bennett made a motion the license be granted. Jim Tolleson seconded the motion which carried 6-1. Jack Shinall abstained. (3) A Liquor and Beer Pouring license was requested by Bobby Martin's Night Light Club, 1022-19 Cherokee Road, Ronnie Boone, applicant. Rem Bennett read a letter from Police Chief Little stating an investigation by that department does not reflect any factors that would bat the applicant from obtaining the requested permit for the license. Jerry Mills, in reviewing the application, noted it was checked as a night club, dancing and live entertainment, therefore, would not comply with Section 3-5 of the Code of Ordinances, and more specifically Section 3-25 of the Ordinance, which reads as follows: "No application for any license to sell spirituous liquors by the drink shall be granted unless the following conditions are met: (1) Licenses shall be granted only to private clubs or restaurants as defined hereinbefore or to lounges operated in conjunction with such restaurants with direct access between the lounge and restaurant. (2) At least sixty (60) per cent of the business by volume shall be from the sale of prepared foods to be consumed on the premises except private clubs. Authorized officials of the city may examine the records of businesses licensed hereunder at any reasonable time to ascertain that the require- ments of this section are met. (3) The dining area or serving area of any business licensed hereunder must have a minimum seating capacity of forty (40). (4) All establishments licensed to pour spirituous liquors shall submit a quarterly audit prepared by the licensee's bookkeeper or accountant on forms approved by the city for the sales of spirituous liquor by the drink and food prepared on the premises and soft drinks to the alcohol control committee no later than the last day of the months of April, July, October, and January of each calendar year. The city reserves the right to require, for any reasons deemed necessary by the city, a certified audit of sales of food and drink." Jim Hawkins made a motion the license be denied for the above stated reasons. Jerry Mills seconded the motion. Mr. Boone stated they did plan to serve food, but it was not checked on the application for the alcoholic beverage license. After further discussion vote on the motion was 5-2 to deny. Jim Tolleson, Jerry Mills, Jim Hawkins, Jack Shinall and Rem Bennett voted for. Bill Darby and Elbert Coalson voted against. (4) A Beer Pouring license was requested for Rodeo Restaurant, 3295 South Cobb Drive, Donald E. Kaufman, applicant. Rem Bennett read a letter from Police Chief Little stating an investigation by his department did not reflect any factors that would bar the above listed applicant from obtaining the requested license. Bill Darby made a motion the license be granted. Jim Tolleson seconded the motion. Jerry Mills stated that although the application meets all the requirements, our Code of Ordinances state that on consideration of any new request for an alcoholic beverage license, the applicant must be present. Jerry Mills made a motion to table this request until the applicant could be present. Jim Hawkins seconded the motion and the vote to table carried 6-1. Jim Tolleson voted against. Rem Bennett announced that John Steely had arranged his schedule whereas he could continue as City Inspector and he made a motion John Steely be appointed as permanent part-time Inspector for the city, also that he be appointed as a City Marshal. Elbert Coalson seconded the motion which carried 7-0. Mayor Johnson administered the oath of office to John Steely as City Inspector, again as City Marshal. Annexation: C. Lamar Dickson requested annexation of a parcel of property, 140.0' x 110.0', located in LL 412 at the corner of Smyrna Hill Drive and Radcliff Road. Jack Shinall made a motion this property be annexed into the city and become a part of Ward 7. Jim Tolleson seconded the motion and the vote was 7-0. (Continuation of May 15, 1978 Meeting) Commercial Building Permits were presented by John Steely and upon his recommen- dation the following action is recorded: (1) C. Lamar Dickson requested a variance of 4,600 square feet on the property just annexed, in order to build an automobile car wash. Our ordinance calls for 20,000 square feet for General Commercial zoning classification and his property. is 15,400 square feet. Rem Bennett made a motion the variance be granted. The motion was seconde& by Bill Darby and carried by a 7-0 vote.-` (2) Standard Oil requested a permit to remodel their station at 2517 Spring Road to a self-service station. Elbert Coalson made a motion the permit be approved. Jim Tolleson seconded the motion which carried 6-1. Jack Shinall abstained. (3) Rodeo Restaurant requested a permit to remodel.the building at 3295 South Cobb Drive. Rem Bennett made a motion the permit be app"roved. ''The motion was seconded by Jim Hawkins which carried 7-0. (4) John Hardman, 2634 Birch Street, requested a side yard variance in order to build a utility building within five feet of the property line. A letter from his adjoining neighbor, Larry Neal of 2626- Birch Street, stated he had rio objection to Mr. Hardman building within five feet of his property line. Jack Shinall made a motion the variance be granted. Jerry Mills seconded the motion and the vote was 7-0. (5) 'The Pyramid. -Corporation requested a variance to install a septic tank, for a period of six (6) months only, on property located at 3150 South Cobb Drive. David Reynolds, representing the company, stated Cobb County would issue an approval for a septic tank and that they would hook on to the sewer line after a six month period. Jerry Mills made a motion the septic tank variance be approved for a period of six months only, subject to a letter from Cobb County approving the tank. Jim Tolleson seconded the motion which carried 7-0. Jim Hawkins made a motion the Alcoholic Beverage Ordinance, Section 3-1, 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." Motion died for lack of a second. Mayor Johnson appointed Councilmen Jim Hawkins from Ward 4 and Jim Tolleson from Ward 1 as the Task Force to work on annexations. He called on all council- men and parties inside and outside the city to assist these men anyway they can. Jim Tolleson read a Proclamation, "Parks and Recreation Month", and made'a motion we adopt the resolution calling out June as Parks and Recreation Month. Jerry Mills seconded the motion and the vote carried 7-0. Committee reports: Elbert Coalson reminded everyone of the Raft Race next Sunday. He also urged all members of Council to attend the Smyrna Community Theatre presentation on Thursday night. Water Committee: Jack Shinall reported he was conducting an ongoing study in the Water Department and hoped to be able to present a report within thirty days. Fire Committee: Jim Hawkins reported he and Chief Atkinson attended the 7th District Firefighters Association meeting last Wednesday and found it very infor- mative. He also reported Chief Atkinson was highly respected in the Association for his hard work and many years of service. Streets Committee: Jerry Mills stated a bush hog had been approved in the Revenue Sharing budget.previously and he made a motion we ask for bids to be opened at the next council meeting. Jack Shinall seconded the motion and the vote was 7-0. Jerry Mills reported we had been asked to consider requesting the sale of alcoholic beverages on Sundays, on the August 8, 1978 ballot. (Continuation of May 15, 1978 Meeting) Administrative Committee: On request by Bill Darby, Gunter Newsom reported the budgets were being compiled and he hoped to have the first copy ready for review next week. Bill Darby questioned whether or not the applications for alcoholic beverage license were being checked thoroughly before coming to Council, since one had been tabled and one denied because the applications were not complete. Discussion followed and he was assured they would be complete in the future. Parks' Committee: Jim Tolleson thanked Mayor Johnson for appointing him to the Task Force to work on annexations. Jim reported a score box window at King Springs Park had been knocked out by vandals. It will take $300 to replace it. He warned Council they were really cracking down on vandals. Jim announced Asa Howard had been hired as the new Director of Parks and Recreation, effective June 5, 1978. Mayor Johnson announced the Annex Building was egged the night the article came out about cracking down on vandals. The Jonquil Breakfast will be May 18th and the next council meeting is June 5, 1978.. Sherry Reavis read the Parks and Recreation schedule for May 15th through June loth. Mayor Johnson and council commended Sherry for the good job she had done as Acting Director. There being no further business, the meeting adjourned at 9:19 p.m. May 18, 1978 A special called meeting of Mayor and Council was held May 18, 1978 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Frank Johnson at 4:45 o'clock p.m. Councilmen present were Rem Bennett, Elbert Coalson, Jerry Mills and Jim Hawkins. Jim Tolleson, Bill Darby and Jack Shinall were absent. Also present was City Clerk Willouise Spivey and Director of Finance and Administration Gunter Newsom. The purpose of the meeting was to hear the request for a Beer Pouring License for the Rodeo Restaurant, 3295 South Cobb Drive, Donald E. Kaufman, applicant. This request was scheduled to be heard May 15, 1978, but tabled because the applicant was not present. Rem Bennett made a motion this request be brought off table. Jim Hawkins seconded the motion which carried 4-0. Mr. Kaufman stated he was sure he was told to be at the meeting on May 15th but was upset about the building permit and did not remember. He said he did not intentionally miss the meeting. The Grand Opening of the Rodeo Restaurant is scheduled for June 1, 1978, before the next scheduled meeting of Mayor and Council, and he was anxious to get the beer pouring license before the opening. Rem Bennett made a motion the license be approved. Jim Hawkins seconded the motion. During discussion Jerry Mills asked Mr. Kaufman if he was familiar with the ordi- nance and suggested he read it carefully. Vote on the motion was 4-0. Meeting adjourned at 4:50 p.m.