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11-07-1977 Regular MeetingNovember 7, 1977 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia on November 7, 1977. 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 Chuck Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief Everett Little, Fire Chief Don Atkinson, Building Inspector David Granade, Assistant Parks & Recreation Director Sherry Reavis, Director of Public Works Jim David, Director of Civil Defense Jim Farley and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Under Citizens Reports, Sue Brissey reported a drainage from the dumpster at Smyrna Drug Company on Jones Shaw Road. She said you had to step over debris from the dumpster in order to get in the store. Elbert Coalson said he talked to the owner about this problem several months ago and he promised to call him if the dumpster was not repaired. Since he had heardLnothing from the store owner, he assumed the problem had been cleared up. Dusty Bennett, Election Superintendent, read the results of the November 1, 1977 election returns, a copy of which will be made a part of these minutes. Elbert Coalson made a motion the election returns be certified. C. 0. Canada seconded -tthe motion and the vote was unanimous. C. 0. Canada congratulated Jack Shinall, stating that he ran a good clean race and wished him well. Jerry T. Starnes requested a Malt Beverage, Wine and Liquor License to operate Pop's Package Store at 1669 Spring Road. Rem Bennett stated an investigation by the Smyrna Police Department does not reflect any legal reason barring Jerry T. Starnes from holding a license for a Malt Beverage, Wine and Liquor package store and made a motion the licenses be granted. C. 0. Canada seconded the motion. During discussion Jim Hawkins said his interpretation of the ordinance was that a liquor license is granted as a privilege, not a direct right. Attorney Camp said it was a privilege license. Vote on the motion to grant the licenses was five to two. Jim Hawkins and Jim Tolleson voted against the motion. Lum's Restaurant, 2365 South Cobb Drive, requested approval of a Wine (pouring) License; also approval of the new manager, John Nathan Brown, II, for both the Malt Beverage and Wine Pouring. Rem Bennett made a motion the wine license be granted and the management change approved. C. 0. Canada seconded the motion and the vote was six to one. Jim Hawkins opposed. Commercial building permits were presented by David Granade and upon his recommen- dation the following action is recorded: (1) Ben Anderson requested a permit to remodel section G9, 2200 South Cobb Drive in Cobb Center for the Karmelkorn Shop. Plans were approved by the Fire Depart- ment and met the building code. C. 0. Canada made a motion the permit be granted. Rem Bennett seconded the motion and the vote was unanimous. (2) Allen Halpern requested a permit to build warehouses, facing Fleming Street, at Belmont Hills Shopping Center. Plans were approved by the Fire Department and met the building code. Jerry Mills made a motion the permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. (3) E. E. Cannon requested a permit to build an apartment complex, consisting of twenty-four (24) units, at 2323 Ward Street. These will be one and two bedroom apartments and all on one level. Jerry Mills made a motion the permit be granted. C. 0. Canada seconded the motion and the vote was unanimous. Jerry Mills read a letter from Larry G. Adams, Dist. Engineer, State Department of Transportation, dated October 27, 1977, which denied our request for a left turn signal onto Campbell Road from Spring Road. Their observations at this inter- section determined a left turn signal was not needed. They also requested that we have the arrow indications on Spring Road/Concord Road at SR 3 removed, providing a simple three-phase operation with left rurns for SR 3 traffic. Also, the advance left turn arrow indications at ST 280 and Benson -Poole Road are to be removed. The opinion of DOT is that traffic movement can best be utilized by the through movements at these two intersections. Jerry said he had contacted Mr. Adams and asked him to meet with the Street Committee, preferably the entire Council, in an effort to persuade the DOT that we need the turn signals already in operation at these two intersections. He will notify Council when the meeting has been set. Mayor Arthur Bacon reported the Supreme Court of Georgia had ruled against us in the Ruff case, on a six to one decision. The City of Smyrna has filed an appeal (Continuation of November 7, 1977 Meeting) to rehear the case. Mayor and Council agreed the city has already spent more than enough money fighting this case, and the reason for appeal was to allow other municipalities in the state, if they so desire, to help us. We cannot go any further alone. We have heard from GMA, ARC, the cities of Moultrie, Conyers, Newnan and Roswell and there seems to be quite a bit of interest. Attorney Camp said several briefs of amicus curiae had already been filed by other cities. Rem Bennett stated, that in layman's terms, the ruling means that if zoning any prop- erty does not hurt the health, safety or general welfare of a community, we have to rezone it. Jerry Mills made a motion the minutes of October 3, 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. Jim Tolleson made a motion the minutes of October 17, 1977 be approved as submitted. Jim Hawkins seconded the motion and the vote was unanimous. Committee Reports: Bill Darby stated we could be in trouble financially if a decision is not made on the tax digest soon. We need to collect some tax money before the first of the year. Jerry Mills, referring to the letter to the Cobb County General Assembly Delegation, stated he did not endorse item (1) Equitable approach to Sales Tax Option. He said he would sign the letter but wanted to go on record as being against sales tax. He also asked that another item "the city be allowed to have our own Tax Assessor" be added. Jim Hawkins asked Mayor and Council to meet with him on some Civil Defense matters immediately following this meeting. C. 0. Canada announced the groundbreaking for Les Charles Swimming Pool would be at 2:00 p.m., November 13, 1977 at King Springs Park. Conley Ingram will be the guest speaker. Ray L. Carter of Creative Ad Ideas, requested permission to fly his blimp, 24' x 9', over the T&E Factory Outlet Store located in Hargrove Plaza, on a temporary basis. Rem Bennett made a motion a variance be granted, allowing Mr. Carter to fly the blimp to a height of 35 feet, for a period of 60 days, over the T&E Factory Outlet Store. Jim Tolleson seconded the motion and the vote was unanimous. Rem Bennett made a motion the city buy a $100.00 ad from the Campbell High School Booster Club, listing the Mayor and all seven Councilmen. Jim Tolleson seconded the motion and the vote was unanimous. Campbell football team is in the playoffs this year. Mayor Bacon reported that Sherry Reavis, Assistant Director of Parks and Recrea- tion, has been elected Fifth District Commissioner for the Georgia Recreation and Park Society. She was elected by Fifth District membership and was installed last Thursday, November 3, 1977 at the Annual State Conference. Congratulations Sherry, we're proud of you. C. 0. Canada made a motion to hear the appeal of the decision of Recorder's Court, filed by Mark Rakestraw, on November 21, 1977. Jim Hawkins seconded the motion and the vote was unanimous. Mayor Bacon reminded Council of the Legislative Review, sponsored by the Cobb County Chamber of Commerce, Tuesday morning at 8:00 a.m. at the Chamber building; the bid opening for Phase II, King Springs Park at 2:00 p.m., November loth and the groundbreaking ceremony for the Les Charles Swimming Pool at 2:00 p.m. on November 13, 1977. Citizens Input: Sue Brissey asked if Ward 7 was represented in the Ruff case since Mr. Ruff filed the injunction to bar Rem Bennett from voting on any decision in this case. Mayor Bacon stated he thought the injunction was to bar any vote before the hearing, and since Council vote was unanimous to deny, Ward 7 is repre- sented. There being no further business, meeting was adjourned at 8:10 p.m.