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07-18-1977 Regular MeetingJuly 18, 1977 The regularly scheduled meeting of Mayor and Council was held on July 18, 1977 at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7:30 o'clock P.M. All Councilmen were present. Also present was Attorney Gregg Griffin, filling in for Attorney C. E. Camp who was on vacation, City Clerk Willouise Spivey, Controller Ron Egger, City Inspector David Granade, Police Chief R. E. Little, Fire Chief Don Atkinson, Director of Public Works Jim David and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the flag. Rev. Marc Bramblett, pastor of the King Springs Baptist Church, speaking as a private citizen, presented an amendment to the Code of Ordinances for the control of the sale of alcoholic beverages which read as follows: "No provision of this code is subject to change or amendment without prior notifi- cation being given to the public by publication in the official media in each of the two weeks preceding the council meeting in which the proposed changes or amendments are to be considered." Rev. Bramblett referred to amendments to the Alcoholic Beverage Ordinance, made in November, 1975, which enabled the stores in King Springs Shopping Center to comply with the ordinance. After discussion, Jerry Mills made a motion that all amendments to all ordinances be advertised before passage. Rem Bennett seconded the motion. There was no vote on the motion. Homer Kuhl said he was for the amendment but that it might conflict with the charter and asked that we wait until it could be checked out by Attorney Camp. Attorney Griffin also advised that we might encounter problems. Jim Tolleson made a motion this amendment be tabled. Bill Darby seconded the motion and the vote was five for the motion and two against. Jerry Mills and Rem Bennett voted not to table. Mayor Bacon advised Rev. Bramblett the Attorney would study the amendment and it would be voted on at the next meeting. David Bowie Gray, applicant for an alcoholic beverage license at 3809 South Cobb Drive, requested to amend the application by deleting "Sav-Way Package Stores" and listing the name as "Sav-Way Package Store, Inc. d/b/a King Springs Bottle Shop." Attorney Alton Curtis, representing the opposition to the package store, questioned the legality of not readvertising the name change. He was advised the applicant nor the location was changed, therefore readvertising was not necessary. C. 0. Canada made a motion the amendment to change the name on the application to Sav-Way Package Store, Inc. d/b/a King Springs Bottle Shop be approved. Bill Darby seconded the motion and the vote was six to one. Homer Kuhl opposed. David Bowie Gray, applicant for liquor, beer and wine package license at 3809 South Cobb Drive, King Springs Bottle Shop, requested the application be approved. Approximately one hundred people were in attendance to oppose the granting of these licenses. Alton Curtis, attorney for the opposition, questioned the legality of it not being readvertised; the application listed a corporation; the signs were not up for the full 10 days required and signs were not posted on all public streets. He was advised it was not necessary to readvertise, the applicant was an individual, the signs were up and posted where they could be seen more readily. A long discussion followed in which the citizens were advised the application did meet all requirements and ordinances of the city and if it were denied by Mayor and Council, the courts would order us to issue the license, as it has in the past. This would only delay the opening of the package store a short time and would cost the city attorney fees. In answer to an inquiry as to what chance the city would have if the application were denied and went to court, Attorney Griffin stated that in his opinion the city would lose, that he could see no way the city could deny the license. Based on the advice of the attorney, Jerry Mills made a motion the application be approved. Bill Darby seconded the motion and the vote was five for and two against. Homer Kuhl and Rem Bennett voted against the motion. Jottie Nance Brown requested approval of an application for a liquor, beer and wine pouring license for The Lazy Wolf Tavern, 3805 South Cobb Drive. Alton Curtis, attorney for the opposition asked if the tavern would meet the ordinance as per the percentage of food to be served. The attorney for Mr. Brown stated that before an occupancy permit was granted by the city, all ordinances would be complied —� with. C. 0. Canada made a motion the application be approved. Jim Tolleson seconded the motion and the vote was five to two. Rem Bennett and Homer Kuhl voted against the motion. The American Charts Company requested that property located at 3255 Atlanta Road, 5.027 acres, be rezoned from Office Distribution to Limited Industrial. Bill Lucas (Continuation of July 18, 1977 Meeting) wants to purchase this property and build a tire store. Mr. Lucas said the building would have four bays, brick veneer front, and would meet all ordinances and codes of the city. Bill Darby made a motion the rezoning be approved. Jerry Mills seconded the motion and the vote was unanimous. Jimmy Hiatt, representing his mother Mrs. Marjorie Ennis Hiatt, requested property located at 1216 Concord Road be rezoned from Future Commercial to Limited Commercial. Mr. Hiatt stated he would like to move his radio service shop to this location. Jerry Mills made a motion the rezoning be approved. Jim Tolleson seconded the motion and the vote was unanimous. Donald L. Porch, 1469 Roswell Street, requested a Residential Business License in order to operate a ceramics and craft shop in his home. A petition signed by his neighbors, stating they did not object, was attached to the application. Jerry Mills made a motion the license be granted. Rem Bennett seconded the motion and the vote was unanimous. The only action under building permits was the request for a variance in the Building Code for a dwelling addition at 1999 Glenroy Place. Wayne A. Hooper, owner of the property stated the addition would not approach the adjoining property line closer than the existing structure. He submitted a letter stating that according to the Cobb County tax records the adjoining property, a vacant lot, is owned by the Ford Foundation, a tax-exempt non-profit organization in New York, and that he had been unable to contact their office to have them sign a waiver. After discussion Jim Tolleson made a motion the variance be granted. Rem Bennett seconded the motion and the vote was unanimous. Rem Bennett made a motion to table the request to amend the Code of Ordinances, Chapter VI, Article I, until the next meeting. Jerry Mills seconded the motion and the vote was unanimous. Discussion was held on whether or not Berl Tate would continue with the Phillip Mark Kowalski case. Homer Kuhl reported that according to Berl Tate, the cost would not be less than $2500 since there would be at least four days of trials, plus research with each of the five individuals. The city will pay to have the five men represented. It was decided that Attorney Camp would review the case and make a decision as to whether he would take the case or Attorney Berl Tate would see it through to completion. Mayor Arthur Bacon advised the City Attorney had prepared a Bingo Ordinance for the City of Smyrna and he recommended it be approved. After discussion and explanations by Attorney Griffin, Jim Tolleson made a motion the Bingo Ordinance be adopted as written. Rem Bennett seconded the motion and the vote was unanimous. Committee Reports: Elbert Coalson read a letter from Al Brooke in which he stated that due to conflicts of interest ihd`other personal circumstances, he must resign from the Smyrna Planning Commission, effective immediately. Elbert Coalson made a motion that the resignation be accepted, with regrets. Jerry Mills seconded the motion and the vote was unanimous. Elbert Coalson made a motion that David A. Robinson, 2326 Old Spring Road, be appointed to the Smyrna Planning Commission. C. 0. Canada seconded the motion and the vote was unanimous. C. 0. Canada made a motion the Mayor issue a Distinguished Service Award Certificate to Al Brooke, in recognition of his service on the City of Smyrna Planning Commission. C. 0. Canada, Chairman of the committee to write guidelines for a wrecker service contract, reported the guidelines were complete and would be mailed to wrecker services in the City of Smyrna only. Homer Kuhl reported that due to the resignation of Ron Egger, Council had inter- viewed Gunter E. Newsom for the position of Director of Finance and Administration and found him to be well qualified for the job. He is presently employed by ARC and has a B.S. Degree in Commerce and Business Administration, as well as a Masters Degree in Public Administration. After discussion Homer Kuhl made a motion that Gunter E. Newsom be hired as Director of Finance and Administration, effective August 1, 1977. C. 0. Canada seconded the motion and the vote was C six for and one abstention. Rem Bennett abstained because he was not present for the interview. Homer Kuhl asked all councilmen to talk to their department heads and cut ex- penses where possible. (Continuation of July 18, 1977 Meeting) Jerry Mills reported there were two old garbage trucks in the sanitation depart- ment that were worn out and he asked permission to swap both these trucks for two pickups that could be used. No money would be involved and Jim David would handle the transaction. Jerry Mills made a motion two old garbage trucks be swapped for two pickup trucks. Rem Bennett seconded the motion and the vote was unanimous. Bill Darby reported that changes had been made in the wrecker service contract and he urged each councilman to read them. Bill Darby made a motion to request bids for three new police cars to be opened at the next council meeting. Delivery cannot be made before 90 or 120 days and they will be purchased under the State Contract. Jerry Mills reported he had a letter from the Planning and Zoning Board asking council to set a time to review the changes in the zoning ordinance. Mayor Bacon appointed a committee of three, Jerry Mills, Jim Tolleson, and Elbert Coalson to study these amendments.... There being no other business the meeting was adjourned at 9:30 P.M. A!It� !�A '� ARTHUR T. BACON, MAYOR S E. TOLLES ARD 1 w l; . U . I;ANAllA, WA" D , L, - , � /%, -, � �, WILLOUISE C. SPIVEY ITY RK WILLIAM F . DARB/Yy, WARD 2 HOMER KUHL, WARD r COUNCILMAN - OATH OF OFFICE I, James M. Hawkins, do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the unexpired term of Homer Kuhl, Ward #4, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of said city. So help me God. Subscribed and sworn to before me this lst day of August, 1977 P IS HINES, JUDGE STATE COURT OF COBB COUNTY ouncilman Ward #4 James M. Hawkins