June 5/19, 1989 Council Meeting
OATH OF OFFICE
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I, John Steely , do solemnly swear that I will
well and truly demean myself as Councilman of the City of Smyrna
for the ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said city to the best of my ability, without
fear or favor, and_lin all my _actions as COUNCILMAN act as I believe
for the best interest of the said city. So help me God.
Ward 7
Subscribed and sworn to before
me this 17th day of July, 1989.
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CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL
ELECTION HELD THIS TUESDAY, JULY 11, 1989
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2720 REGISTERED
772 VOTING
We, the duly appointed election managers to conduct
this election, declare the following results:
COUNCILMAN WARD #7
DENNIS KEY
98
JOHN STEELY
398
STEVE WILSON
274
We therefore certify to the Mayor and Council of the
City of Smyrna the election results.
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POLL MANAGER, WARD 7
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SUPERINTENDENT OF ELECTION
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MELINDA DAMERON, CITY CLERK
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June 5, 1989
The regular scheduled meeting of Mayor and Council was held June 5, 1989 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present except
for Bob Betenbaugh. Also present was City Administrator John Patterson, City
Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of
the press.
Invocation was given by Forrest C. Garrard, associate pastor of Smyrna First
Baptist Church followed by the pledge to the flag.
Bacon stated that on Tuesday, May 30th, Councilman Bob Betenbaugh
away after a lengthy illness. He had served on council for a short
of time but had a tremendous impact on this city and this council. Bob
a needed sense of maturity to council and he will be missed.
Mayor
passed
period
brought
CITIZENS INPUT: Robert Barcley of 3352 Creatwood Trail and Fred Holloway of
3360 Creatwood Trail expressed their appreciation for the increased patrol by
the STEP units and stop signs approved by council last month. While these
measures have helped, they felt a small speed hump was still needed on
Creatwood between Mohawk & Mackinaw Place. Wade Lnenicka said the STEP units
have issued 139 tickets and warnings since they have been working the area
and he would like for them to continue their enforcement activities and
receive a recommendation from the Police Chief when the level of activity has
gone as low as it will from the enforcement. Mr. Lnenicka said he would ask
the Police Department to pay particular attention to that stretch of roadway.
John Patterson said speed humps could not be placed in that particular area
because there is a curve in the road. Speed humps must be placed in areas
with good visibility and sight distance. Mr. Patterson said he would work
with residents in the area and the Police Department to determine if there
would be a suitable location at that particular area.
John Davidson of Brentwood Drive said that Smyrna had a new namesake--Smyrna
High School--in accordance with a resolution passed by council and that Mr.
Camp and Mr. Shinall had lobbied long and hard to see that it came about.
With the name change came a change in'school colors and mascot, and made
every uniform obsolete. Approximately 1,400 students and close to 3,000
parents and supporters of that school that have already started working long
and hard to raise funds before the next school year. The total estimated
expenditure required to make these changes is in excess of $100,000. State
law prohibits the. Board of Education from expending funds for these purposes.
Mr. Davidson asked that the City of Smyrna fully back Smyrna High School and
requested that the Mayor and Council consider a grant of $70,000 to assist
getting this matter underway.
Mayor Bacon said he appreciated Mr. Davidson's comments and has already
attended several meetings with John Patterson, Jim Hawkins, Jack Shinall and
others to assist with fund raising activities. To date, $23,000 has already
been raised from 4 or 5 people but legally, we are also unsure of the City
can contribute. With the support and backing of this community we will raise
the money needed and the City will support the program as much as possible.
Mayor Bacon said this will be the best thing that ever happened to the City
by bringing the two schools together and bringing this community together.
Jack Shinall said part of the organizational meetings was discussion about
how to fund the additional cost to make it fair to all concerned. A committee
has met several times and over $23,000 has been raised. Smyrna Cable TV and
Smyrna Bank & Trust each donated $5,000 and we have only asked about half a
dozen people. Mr. Shinall said he was very pleased to see this community turn
out and get behind the school; we will back our children to the fullest.
Jim Hawkins said he also supported the fund raising activities and the City
will participate as much as we can, legally.
Jim Hawkins made a motion the rules be suspended to bring up an item not on
the agenda. Bob Davis seconded the motion which carried 6-0. Jim Hawkins made
a motion the first meeting of July be changed to July 10th due to the holiday
activities. Wade Lnenicka seconded the motion which carried 6-0.
PUBLIC HEARINGS:
(A) Zoning of 44.34 acres on Ridge Road from R20 to R15
John Patterson said that Glen Devon Development, Inc. is requesting the
June 5, 1989 meeting - continued
rezoning of this tract to be developed as another phase of Vinings Glen. This
is a 44.34 acre tract in LL 600, 624 and 625. This property was zoned
September 15, 1986 from R15 to R20 for Fred Skiba representing Marjorie Rabb
Wallace, but it reverted back to R15 when construction did not begin after
one year. The Planning and Zoning Board recommended approval of the zoning.
There were several people in the audience who stated they were not opposed to
the rezoning but would like to reserve the right to speak if the stipulations
were not presented correctly as they understood them. Eight people were sworn
in by Mr. Camp.
Neal Peavy represented Glen Devon along with Tom Eubanks and Bob Gibson. Mr. U
Peavy said they are the owners of Glen Devon Development and had developed
the Vinings Glen Subdivision across Ridge Road. This will be a continuation
of that same subdivision, containing 82 lots and an amenity package including
two tennis courts and a swimming pool. They have met at length with some of
the neighbors and Mr. Lnenicka concerning this zoning and said they had made
several concessions including a 10 foot easement to the Gilstrap and Greeson
property for future use. They also met with the Cedar Cliff Homeowners
Association and agreed to a 45 foot setback on the back property line of all
the lots which will abut R20 homes. Also, on lots 64 and 65 they would
provide a 30 foot side setback and also agreed that on lot 64 they would so
direct the water flow with the use of berms or other means to direct the
water flow to the very back, point of that lot, to not flow onto Mr. Benito's
lot and into the creek. This will be an extension of Vinings Glen, using the
same building program and same stipulations and covenants they have there
now, with comparable homes. If the property is not developed by Glen Devon,
the property will revert back to R20.
Wade Lnenicka reviewed
agreed upon in previous
intent was not to maximize
rather to allow them to
aesthetically pleasing.
the list of stipulations that had been discussed and
meetings with the homeowners. Mr. Peavy said their
the use of the property by increasing density, but
design the subdivision and streets to be more
George Boyd, President of the Cedar Cliffs Neighborhood Association said they
were here tonight not to speak in opposition but to express some concerns
about the 45 foot setback that would exist and they requested clarification
as to whether or not that would apply to a back lot or side lot. Mr. Eubanks
said there were only two homes that would face the cul de sac on lots 64 and
65 that would have a side yard adjacent to the R20 homes. All the others
would be rear yards. The setback on these two side yards will be 30 feet
while the rear setback on the other lots will be 45 feet. Mr. Boyd said they
were also concerned about safety for children crossing Ridge Road because of
the heavy traffic and high rate of speed, and requested any assistance they
might get with regard to stop lights, speed humps, police enforcement, etc.
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Mayor Bacon agreed that Ridge Road has been a problem for quite some time and
said the City would work with Cobb County and the developers to do whatever
was necessary to improve traffic conditions.
Patrick Benito thanked the City for meeting with him earlier but still
expressed concerns about drainage problems and water runoff that might be
created from the creek running through Lot 62. Mr. Peavy said they would work
with Mr. Benito and other residents to alleviate the problem with the use of
berms or swales.
Mitchell Greeson said the plans showed a 10 foot sewer easement on Lot 82 and
they would need a 20 foot easement to allow anyone on Ridge Road to utilize
the line. Mr. Peavy said they could not afford to give a 20 foot easement on U
their lot because it would cut the lot size down to where it would become
unbuildable. They have already agreed to 10 feet on this lot and the other 10
feet would have to be obtained from Jane Wallace, owner of the adjacent
property. Mr. Peavy said he would be glad to assist them in negotiating with
Mrs. Wallace but could not agree to an additional 10 feet from his property.
Eddie Helman, Vice President of the Cedar Cliffs Homeowners Association said
he would like to re-state their concerns about the traffic problem on Ridge
and would like for the developers to agree to incur some of the expense of
installing a light at this intersection. There was considerable discussion as
to whether or not Ridge Road was totally within the City of Smyrna
jurisdiction and Mayor Bacon said he did not think it was fair to place all
the burden of financing a traffic light on the builders because the problem
has existed for years and the cost should be shared by the City.
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June 5, 1989 meeting - continued
George Boyd
residents of
with funding.
exists now for
said if it would help the City in making a decision, then the
Cedar Cliff would be more than glad to "pass the hat" to help
Mayor Bacon said he appreciated the offer, but if the need
a traffic light, then the City should bear the cost.
Wade Lnenicka said he personally was pleased to see this property develop for
single family homes and was pleased to see that this particular group will be
developing the property. Mr. Lnenicka made a motion the rezoning of 44.34
acres in LL600, 624 and 625 be rezoned from R20 to R15 subject to the
following stipulations:
1) That a 45 foot rear yard setback be provided on all the lots adjacent
to Vinings North, Hickory Hills, Cedar Cliffs and Ridge Road, with the
exception of lots 64 and 65 as shown on the preliminary plat. On those two
lots there would be a 30 foot side yard setback on the north side of those
lots, assuming that the north side is designated a side yard. If the north
side is designated as a rear yard, then the 45 foot setback would apply.
2) If Glen Devon, Inc. does not begin construction within one year of
the date of rezoning, this property will revert back to R20 zoning.
3) That
side yard of
as shown on the
Glen Devon, Inc. provide a 10 foot sewer easement on the east
lot 82 and up to a 20 foot easement on the rear yard of lot 75
preliminary plat, and provide a stub for sewer connection.
4) That the driveway that Ridgeview Hospital is mandated be provided
between lots 2 and 3 and that this driveway is to be for limited use only,
controlled by a gate. This driveway shall not ever be dedicated as a through
street to the City.
5) That the developer will install a swale or berm across the rear of
lot 64 as shown on the preliminary plat to divert water runoff towards the
creek and away from the property of Mr. Patrick Benito. Also, that on lot 62
a study and decision by engineers be made and whatever drainage improvements
would be required for the same effect would also be done by the developer.
6) That the sight distance at the intersection of the main street of the
subdivision where it meets Ridge Road satisfy the mlnlIDum engineering
standards to provide for safe ingress and egress to the development.
7) That the water system installed by the developer will connect with
the existing water system at Hickory Place in Land Lot 600.
8) That adequate provlslons will be made to eliminate surface water
drainage from this development as it is developed, by the developer.
9) One curb cut on Ridge Road to be the entrance of the subdivision; no
individual lot will have a driveway entering Ridge Road.
10) That all houses in the subdivision have a minimum of 2,000 square
feet of heated and cooled floor space.
11) All homes to have an attached two car garage; garage area shall in
no case be used to calculate minimum floor space.
12) street lights will be installed in the subdivision using fiberglass
poles subject to City Engineer's approval.
13) All utilities in subdivision be underground.
14) All homes in the subdivision will be deemed comparable to the homes
in Cedar Cliffs, Vinings Glen Phase I, Charleston Place and Legend Heights.
Jim Hawkins seconded the motion which carried 6-0.
Mayor Bacon called for a two minute recess.
(B) Variance - garage construction exceeding maximum square footage at 2518
Glendale Circle.
John Patterson said that Mr. C. W. Bradley is requesting a variance to
construct a garage at 2518 Glendale Circle which will exceed the maximum size
allowed by code. There was no opposition.
June 5, 1989 meeting - continued
Mr. Bradley said this would be a 24 x 24 garage used to store his two cars
and yard and garden equipment. His is an older home, with about 1200 square
feet. With little discussion Kathy Jordan made a motion the variance be
approved. Wade Lnenicka seconded the motion which carried 6-0.
(C) Variance square footage of sign for Heilig-Myers and Blockbuster
Video, 2900 South Cobb Drive.
John Patterson said that Jerry D. Brown is acting as agent for owners of the
old Handy City property and is requesting a variance to erect a sign which U
would total 180 square feet, 60 square feet over maximum allowed by code.
This variance request was tabled at the last meeting so that the Community
Development could investigate the request and make their recommendation. Sue
Brissey was opposed to the variance, and was sworn in along with Mr. Brown.
Jack Shinall said in Mr. Brown's letter of hardship he stated he needed the
variance to have a sign that would provide better visibility for both tenants
and that the other businesses in the immediate area have larger signs than
are allowed by code. Mr. Brown said the Shell station across the street, the
Union 76 station, The Crossings Shopping Center, Concord Village Shopping
Center and others all have signs exceeding our ordinance. This building sits
at the very back of the property line and is difficult to see if you are
traveling north. In addition, they would like to be able to utilize the
existing stanchions that supported the old Handy City sign. Mr. Brown said
the Heilig-Myers sign that is up now is 133 square feet and Blockbuster has a
temporary sign. The sign was permitted for 60 square feet; the company that
put the sign up asked if they could use a 90 square foot sign and said they
would come back the next day and pay the difference but they never did. Mr.
Brown said he went out and actually measured the sign and it was brought to
the City's attention that the sign was actually 133 square feet.
Jack Shinall said The Crossings and Concord Village Shopping Centers both
have probably 3 times more square footage than this development. The Union 76
signs were erected prior to the sign ordinance and Mr. Shinall said he would
have to check into the Shell sign.
Sue Brissey
to see the
Blockbuster
said she did
said that as she drove down South Cobb Drive today she was able
existing sign from within 3/10 of a mile and on Saturday, the
parking lot was full, without the use of a sign. Mrs. Brissey
not think the variance was necessary.
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Jack Shinall the City is proud to have these businesses in the City but in
the interest of complete fairness he had asked the Community Development to
conduct an investigation in that area and report back to council. Mr. Shinall
read a portion of the report from Community Development which stated: lithe
existing sign contains 120 square feet and provides excellent visibility for
quite some distance to the north and south. Most of the other signs along
South Cobb Drive contain 120 square feet or less and are more than adequate
for advertising purposes. Granting this variance request for this property
would confer special privileges that other properties of this size in this
district are denied."
Based
motion
6-0.
on the report from the Community Development, Jack Shinall made a
the variance be denied. Jim Hawkins seconded the motion which carried
(D) Privilege license management change - liquor, beer and wine pouring -
American Legion, 160 Legion Drive.
Mr. Burchfield
and understood
beverages.
stated
the
he
laws
had lived in Smyrna for 22 years and was familiar
and ordinances governing sales of alcoholic
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John Patterson said that Alvin Dewitt Burchfield has applied to act as the
new acting agent for the American Legion Post 160. There was no opposition.
There was no opposition and Jim Hawkins made a motion the management change
be approved. Bill Scoggins seconded the motion which carried 6-0.
(E) Privilege license package liquor, beer and wine sales - Sterling
Package Store, 1669 Spring Road.
John Patterson stated that Michael Dean Lange is applying for a license at
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June 5, 1989 meeting - continued
this location, formerly known as Pop's Package store on Spring Road. There
was no opposition and the police investigation was favorable.
Mr. Lange said he was employed by G&W, Inc., owners of the business, and he
would be acting as agent and manager of the store. He has been working at
their Paces Ferry location for approximately 2 1/2 months since they
purchased the business. Bill Scoggins said he was a little concerned with Mr.
Lange's age and experience. Mr. Lange said he has been in this business since
he was 21 at other stores and had never been cited or convicted for any
violations for sales to minors.
Following discussion, Bill Scoggins made a motion the license be approved as
requested but encouraged Mr. Lange to study the regulations for his own
benefit, to be sure he was totally familiar with them. Bob Davis seconded the
motion which carried 6-0.
FORMAL BUSINESS:
(A) Conveyance of Evergreen Trail extension.
John Patterson said a 50 foot right of way is shown on the original
subdivision plat of Hickory Acres Subdivision, south of Hickory Acres Drive
and aligned with Evergreen Trail. This right of way has the dimensions of 165
feet on the east side and 125 feet on the west side. The owners of 332 and
310 Hickory Acres Drive have requested that the right of way be abandoned and
be equally conveyed to them.
Kathy Jordan made a motion the right of way be abandoned and that it be
properly posted and advertised for a public hearing July 10, 1989. When
conveyed, the two adjacent property owners will bear the expense of the
survey and attorney fees with a 20 foot easement over the existing water line
to be maintained by the City. Jim Hawkins seconded the motion which carried
5-0, with Jack Shinall abstaining.
(B) Set date for special election - appointment of Election Superintendent.
Jim Hawkins made a motion the special election to fill the unexpired Ward 7
term of Bob Betenbaugh be held July 11, 1989, with qualifying June 26, 27,
28, 1989 between the hours of 8:00 a.m. and 5:00 p.m. Run-off election, if
needed, will be July 25, 1989. Wade Lnenicka seconded the motion which
carried 6-0.
Jim Hawkins made a motion Linda Smith be appointed Election Superintendent
for the special election. Kathy Jordan seconded the motion which carried 6-0.
(C) Validation of petition to annex 4.8 acres in Land Lot 631 on Spring
Road.
John Patterson
have requested
Lexington Trace
follows:
said that Robert Franklin Holcombe and Bessie Lee Matthews
the annexation of this property on Spring Road, just east of
Drive. The legal description was read by Attorney Camp as
We the undersigned, who constitute sixty percent of the electors resident and
sixty percent of the owners of the land area by acreage, as described below,
which is unincorporated and contiguous to the City of Smyrna, hereby apply to
have said area annexed into the City of Smyrna under the provisions of laws
of the State of Georgia, said property being annexed being described as
follows:
All that tract or parcel of land lying and being in Land Lot 631 of the 17th
District, 2nd Section, Cobb County, Georgia, being lots 16, 17, 18, and 19,
as per plat of East Smyrna Subdivision, by Gordon Nalley, C.E., dated June
15, 1940, and recorded in the office of the Clerk of Superior Court of Cobb
County, Georgia, in Plat Book 4, Page 125 and per plat of survey prepared by
Cleveland S. Boutwell, Jr., R.L.S. #1704, dated May 15, 1989, said property
being more particularly described as follows:
Beginning at an iron pin on the southeast side of the Spring Road right of
way, said point being located 65.9 feet northeasterly, as measured along said
right of way line, from the intersection of said Spring Road southeast right
of way line with the Lexington Trace Drive eastern right of way line; from
said point of beginning proceed thence along said Spring Road right of way
line following a curve to the right an arc distance of 444.59 feet, said
June 5, 1989 meeting - continued
curve having a radius of 2,236.83 feet and a chord of 443.86 feet bearing
North 75 degrees 18 minutes 19 seconds East to an iron pin; thence South 1
degree 41 minutes 00 seconds West a distance of 355.20 feet to an iron pin;
thence South 00 degrees 58 minutes 25 seconds west a distance of 200.18 feet
to a concrete monument; thence North 89 degrees 26 minutes 16 seconds west a
distance of 418.71 feet to an iron pin; thence North 00 degrees 25 minutes 00
seconds East a distance of 438.51 feet to the point of beginning, said tract
containing 4.890 acres, more or less.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
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Witness the hands and seals of 60% of the record title holders of the land
described above: s/ROBERT FRANKLIN HOLCOMBE & BESSIE LEE MATTHEWS BY POWER OF
ATTORNEY FOR EVA CLEO HOLCOMBE.
Bob Davis made a motion the petition be validated and the public hearing date
set for July 10, 1989. Jim Hawkins seconded the motion which carried 6-0.
(D) Validation of petition to annex Windy Hill Road from Atlanta Road east a
distance of 2.0 miles.
John Patterson stated the completion of the Windy Hill Road extension has
left several pocket areas outside our city limits and has caused some concern
in the Police Department about consistency in enforcement. Cobb County has
agreed to the annexation of this road from Atlanta Road to the western
property line of Windy Hill Shopping Center at Lionel Play World. Attorney
Camp read the legal description as follows:
All that
519, 562,
District,
and being
tract or parcel of land lying and being in
563,590,591,635,634,662,707,
2nd Section, Cobb County, Georgia, being
more particularly described as follows:
Land Lots 491, 490, 518,
708 and 733 of the 17th
known as Windy Hill Road
Beginning at
Atlanta Road,
50 feet on
northeasterly
miles.
the centerline of Windy Hill Road where it intersects with
said property being a strip of roadway 100 feet in width, lying
either side of the centerline; running thence east and
along the centerline of Windy Hill Road a distance of 2.0
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Bill Scoggins made a motion
consider the annexation of
which carried 6-0.
a public hearing be held July 10, 1989 to
this roadway. Wade Lnenicka seconded the motion
(E) Approval to amend speed zone ordinance
John Patterson said a modification has been requested to the speed zone
ordinance by adding two streets to be approved for the use of speed detection
devices. The Police Department has requested that we add Windy Hill Road from
Atlanta Road east a distance of 2.0 miles at a recommended speed of 45 MPH
and that Ward Street from Windy Hill Road to Powder Springs Street be added
at a recommended speed limit of 35 MPH.
Jim Hawkins made a motion the speed zone ordinance be amended by adding these
two streets at the recommended speed limits. Kathy Jordan seconded the motion
which carried 6-0.
(F) Appointment to Planning and Zoning Board.
Bob Davis
and Zoning
carried 6-0.
made a motion that Charlene Capilouto be appointed to the Planning
Board representing Ward 1. Jack Shinall seconded the motion which
BID AWARDS:
Nothing to report.
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COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval to surplus equipment from Fire Department and Library
(B) Approval of minutes: May 1, 15, 22, 25
(C) Approval of wig wag light, Walker Court and Spring Street ($3200 from
Contingency Fund)
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June 5, 1989 meeting - continued
Jim Hawkins made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 6-0.
APPEAL OF RECORDERS COURT - JOHN FRANKLIN MANN
John Patterson said
Recorders Court of
improper left turn.
Attorney Camp.
John
2nd
Mann
Franklin Mann has appeal the decision of
where he was found guilty and fined $50 for
and Officer Eric Nobinger were sworn in by
that
March
Mr.
Mr. Mann said he was ticketed after making a left hand turn from Spring Road
into the entrance of Plantation Pointe Shopping Center. At the time, the
signs and markings at the intersection were misleading and he noticed that
several days later they had been changed. When the violation occurred there
was a "no left turn" sign on the right hand side of the road near the
entrance to the shopping center, but several feet in front of that sign was
another that indicated "left turns ahead". Mr. Mann presented pictures of the
signs and street markings as they existed when he received the ticket. Mr.
Mann said he realized the configuration of the entrance to Plantation Pointe
was unusual and felt that it was not intended for left hand turns, but could
see no other way into the shopping center.
John Patterson said
this location just
intersection. Also,
moved more to the
appearance of a turn
the City has changed some of the striping and signs at
as we did recently at Lake Park Drive and U.S. 41
the turn lane for Country Park Condominiums needs to be
west on Spring Road to avoid any confusion about the
lane in front of the shopping center.
Officer Nobinger said he was traveling east on Spring Road and Mr. Mann made
the turn directly in front of his vehicle. There was a sign on Spring Road
indicating no left turns and he wrote the ticket for the violation as he saw
it.
After further discussion, Jim Hawkins made a motion the charge be reduced to
a warning and Mr. Mann be refunded the $50 fine. Mr. Hawkins said the
arresting officer had certainly done his job but if there is any doubt that
the intersection was improperly marked it would be the fault of the City. In
this case there does seem to be some doubt, with no fault on the part of the
officer or the court. Bill Scoggins seconded the motion.
Jack Shinall said there does seem to be some ambiguity in the location of the
signs and the officer acted properly in making the arrest. However, in
earlier testimony tonight Mr. Mann stated that he had been to the shopping
center on previous occasions and would not support the motion. Vote on the
motion carried 4-2, with Jack Shinall and Bob Davis opposed.
Mayor Bacon asked John Patterson to make whatever changes were needed in the
signs and street markings at this intersection including resurfacing if
needed.
COUNCIL INPUT: Wade Lnenicka said the STEP unit has issued 139 citations and
warnings in the Creatwood area and the City would continue to do whatever
they could to alleviate traffic and speeding problems in this area.
Mr. Lnenicka said residents of Argyle Estate are also presenting a petition
about a similar problem on Campbell and asked for a recommendation from the
Engineering and Police Departments.
Mr. Lnenicka said the City has also made a cut through in the island at the
end of Creatwood Trail at Atlanta Road, next to the Crown Station, so that
residents are not forced to make u-turns at the intersection. Hopefully, that
will alleviate a lot of the problems created there.
Mr. Lnenicka and the entire council expressed their regrets over the loss of
Bob Betenbaugh. His experience and maturity was of great benefit to everyone
and he will be greatly missed. He loved our city and its citizens, and was a
friend to everyone on council. Jim Hawkins also challenged each member of
council to live up to their oath of office in the same manner as Bob, with
the same dedication and vigor that was such an inspiration to everyone.
Jack Shinall said the Smyrna community overall has overwhelmingly support the
merger of Campbell and Wills to form the new Smyrna High School and felt it
was the best compromise for all. Mr. Davidson was invited to every
June 5, 1989 meeting - continued
organizational meeting of the committee established to fund the changes that
must be made but did not attend. Mr. Shinall said everyone involved had
pledged themselves to giving our children the best educational opportunities
available and felt this will be one of the best things that has ever happened
to our city in many years.
Mayor Bacon closed
that loved our city
council member, but a
a tremendous impact on
the meeting by stating he had never known any individual
as much as Bob Betenbaugh did. Not only was he a good
good family man and he will be hard to replace. Bob had
this council the short time he served.
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With no fu ther business meeting adjourned at 10:14 p.m.
WARD 7 - VACANT
June 19, 1989
The regular scheduled meeting of Mayor and Council was held June 19, 1989 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present. Also
present was City Administrator John Patterson, City Clerk Melinda Dameron,
City Attorney Charles E. Camp and representatives of the press.
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Invocation was given by David Autry, pastor of Faith United Methodist Church
followed by the pledge to the flag.
CITIZENS INPUT: On behalf of the Hands, Feet and Mouth Organization, Cheryl
Bursh requested assistance for their organization whose goal is to strive to
make changes in the outcome of the lives of some 80 children who live in the
Rose Garden Hills community. Ms. Bursh said their sole support is through
volunteers and they need assistance with funding, audio/visual equipment and
operating materials. The address for the Hands, Feet and Mouth Organization
is P. O. Box 478, Smyrna, GA 30081.
Jerry Nelms, a resident of Crestview Drive requested increased police
enforcement through the STEP units in his neighborhood and especially at the
intersection of Crestview and Wisteria. Mr. Nelms said it was not safe for
his 4-year old son to go into the front yard alone because of the numerous
traffic violations; primarily running the stop sign and speeding. Mr. Nelms
said they were also requesting speed humps if the increased enforcement did
not curtail the violations.
Q
Jim Hawkins requested Mr. Patterson to have the STEP unit moved to this
intersection and have a progress report ready for the July 17th meeting.
PUBLIC HEARINGS:
(A) Rezoning of 1.66 acres at South Cobb Drive and Wisteria Lane from R15 to
General Commercial.
John Patterson said that Paul Chastain of Unocal Partnership is requesting
the rezoning of this 1.66 acre tract to build an auto service center. To the
north, east and west is R15 single family, with Residential High Rise
(vacant) to the south. There was a large group in opposition and the
spokesman for the group was sworn in along with applicant Paul Chastain.
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June 19, 1989 meeting - continued
Mr. Chastain said they were requesting this zoning to construct a car service
center consisting of approximately 3,000 square feet. The building will be
placed about 100 feet from the rear property line and they are also proposing
a 10 foot undisturbed buffer with an additional 40 foot landscaped buffer.
Mr. Chastain said they would also be willing to provide an 8 foot privacy
fence on the property line adjoining the homes. An acceleration/deceleration
would probably be provided after they receive the curb cut approval from the
state Department of Transportation. Mr. Chastain said the need for a
development of this type had been determined through their demographic study
according to the number of people in this area, income, age, traffic
patterns, etc. They are trying to give enough buffer so as to not disturb the
quality of lifestyle for homes behind the development.
Jim Hawkins asked about the plans for the remainder of the 1.66 acres not
required for this development. Mr. 'Chastain said they did not have any plans,
other than for future expansion. Jim Hawkins said one of the concerns council
has had in the past is that once you zone a piece of property General
Commercial it opens it up to a wide range of uses and asked Mr. Chastain if
he would have any problems with a condition being placed on the zoning
restricting use of the property to a Minit-Lube according to the site plan
presented tonight. Mr. Chastain said he felt a stipulation such as that would
be too restrictive and could not agree to it because any other use, even an
auto supply store, would require rezoning.
Jerry Nelms presented a petition signed by approximately 35 individuals in
the neighborhood along Alpine Drive, Crestview, Wisteria and Magnolia Drive
area in opposition to the Jiffy Lube or any commercial development. There are
6 homes abutting this property and all these people are retirees who have
lived in their homes for quite a number of years. Mr. Nelms said they view
this as spot zoning and are concerned about the amount of traffic in the
neighborhood and especially with the high rate of speed on South Cobb Drive.
Also, there have been a high number of accidents at this intersection.
Jim Hawkins said he had checked the records today and there had only been 8
reported accidents at this intersection at the last 3 years. Another concern
he mentioned earlier was the speed limit on this portion of South Cobb Drive.
Mr. Hawkins said we are required to get state approval to alter the speed
limit on South Cobb and are in the process of requesting a reduction in this
area of South Cobb from 55 to 45. We should know something in 30 to 60 days.
Jack Shinall said the property fronting South Cobb Drive will eventually have
either a GC or some other type of high density zoning; there is no way to
prevent that. Mr. Shinall said council is charged with denying zoning based
on health, morals and welfare of the community, with specific facts and was a
little confused about the reasons for opposition. Mr. Nelms said they have an
existing need for some type of traffic control in the community because it is
a thoroughfare from South Cobb Drive to Bennett Woods and Lake Park
Subdivision. By having the commercial structure there they felt traffic would
increase and cause a detriment to the neighborhood. They also felt this
business would create a noise problem for the adjacent homeowners and did not
think this development would be in keeping with the long range plans of the
City.
Mr. Chastain said this development would not create traffic but would appeal
to the traffic already there. Cost of the land prohibits any 0&1 use and an
office development also generates more traffic than their development. Mr.
Chastain said he felt they had addressed the neighborhood problems by
providing an adequate buffer and personally did not think the homes would be
impacted.
Wade Lnenicka asked Mr. Chastain if he had a contractual commitment for this
property. Mr. Chastain said he had letters of intent from two different
national oil companies for development. Both are identical in operation and
are waiting for a decision.
Jack Shinall told Mr. Chastain he had some concern over future expansion of
this property and thought any development would have to be firmly established
prior to rezoning.
Jim Hawkins said there had been some good points on both sides tonight and
agreed this was a very expensive piece of property, unthinkable to be used as
single family residential. However, what has to be weighed tonight is what
will be fair to everyone concerned and what is reasonable as far as planning
for our city. Jim Hawkins made a motion the zoning be denied on the grounds
June 19, 1989 meeting - continued
that it is
residential
as 0&1 and
motion.
surrounded on three sides by R15 single family and on one side by
high rise. The property is designated on the future land use map
this zoning would be the most compatible. Bob Davis seconded the
Wade Lnenicka said he would support the motion because he felt the GC
category, without being defined, is too broad and felt 0&1 would be a proper
use for this property. Jack Shinall said he, too, would support the motion
and pointed out that 0&1 does not require buffers that Mr. Chastain has
proposed tonight. They would be smaller, with buildings closer to the
property and would more than likely create more traffic. However, as Q
presented tonight Mr. Shinall said he could not support the motion because of
the vagueness of the construction.
Vote on the motion to deny carried 6-0.
(B) Rezoning of 4.84 acres on Aline Wolfe Drive from RMl0 to Residential
High Rise.
John Patterson said that John Hallman of East Cobb Corporation is requesting
this rezoning to build high rise housing for the elderly. This property is
located just across from the Church Street park facility with the Senior
Citizens Center. Property to the north is zoned Light Industry, with General
Commercial to the south and Limited Commercial and high density residential
to the west. The Future Land Use map shows this property as high density
residential. The Planning and Zoning Board recommended the zoning be
approved. There was a group in the audience who asked to be sworn in to allow
them to ask questions during the hearing, although they were not actually in
opposition. The applicant for the rezoning and several others were sworn in
by Attorney Camp.
Paul Linney represented the applicant as the architect and partner in the
project. Mr. Linney said they are proposing 386 one bedroom units that will
be marketed exclusively to the elderly between 67 and 74 years of age. The
building will be approximately 105 feet tall with a total of 12 stories.
Coverage of the property will be approximately 53% building and pavement with
47% green space.
Jack Shinall
elderly. Mr.
but did not
Hallman said
the apartment
asked if these apartment would only be leased or rented to the
Linney said that is what they have identified as their market,
know if they would be rented exclusively to this age group. Mr.
the city code requires that one member of the family living in
be 62 or older and that would be the case in all instances.
Mr. Linney said he had been involved in several other retirement home
communities but this would be the first project of East Cobb Corporation.
The structure will be primarily synthetic stucco with controlled angle
lighting, focused down to the parking lot. They would like to have a back
entrance to the K-Mart shopping center behind them, only for pedestrian
traffic. Aline Wolfe is now a two lane arterial road and they will widen the
street on the west side by 12 feet. Construction traffic will use Church
Street with no traffic through the condominium development adjacent to this
property. Mr. Linney said the project may be built in phases, but with the
full 386 units they did not expect to need any more than 20 to 25 full time
employees and those will be related primarily related to food service. There
will be no nursing care facilities since this will be an independent living
facility only. Mr. Linney said the apartments would rent from $850 to $900
per month. Mr. Linney said one of the reasons for choosing this site was that
restaurants and shopping were within walking distance and typically,
developments of this type generate one fourth of the normal traffic usually
generated from an apartment complex.
Jim Hawkins said the next item
allowance on Aline Wolfe Drive
variances. Mr. Linney said they
the building could be built within
on the agenda was for a variance for access
and asked if they anticipated further
did not expect any other variances and felt
code requirements.
Kathy Jordan asked if the units would be Federally subsidized and Mr. Linney
said they would not; only private funds will be used. If the development is
built in phases, it could take 3 to 3 1/2 years for completion of the site.
There was some discussion 'about water service and John Patterson said the
developer would be required to provide whatever lines were needed to provide
adequate flow.
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June 19, 1989 meeting - continued
Chuck Edwards spoke on behalf of the Oakridge Condominium Homeowners
Association and said they were not necessarily opposed to the development but
had some concerns including traffic through their neighborhood and buffers.
They were also concerned with the location of the entrance of the
development. Mr. Linney said the entrance for service vehicles will to the
south with the main entrance further north, near the curve of Aline Wolfe
Drive, but the plans could be changed to move the main entrance away from the
curve in the road to discourage through traffic. Also, a 10 foot buffer will
be provided as required by code.
Jim Hawkins told Mr. Edwards that if this development proposed a serious
traffic problem he would be glad to meet with the Oakridge homeowners
association again to look into closing Aline Wolfe Drive.
Marshall Roberts spoke in opposition to the development because when the
property was zoned for a funeral home in 1966 there was a stipulation that it
be restricted to tnat use. Mr. Roberts said he was opposed to the zoning, on
general principles. If the property is zoned, Mr. Roberts said he thought the
City should close Aline Wolfe Drive and require the developer to provide
access to the complex from the west side of the funeral home.
Mr. Camp informed Mr. Roberts that council is not bound by the stipulations
in the 1966 minutes; that is what rezoning is for. Also, the property has
already been zoned one time since then from commercial to RM10. There was
some discussion about access to the development and Mr. Camp said if there is
a public street available to the property, you cannot deny the owner the use
of that street.
After further discussion, Jim Hawkins made a motion the zoning be approved
with the following stipulations:
1) That the developer provide an extra lane on the west side of Aline
Wolfe Drive to the southerly most curb cut;
2) That the southerly curb cut be no closer than 20 feet from the center
point of Aline Wolfe and Medlin street (at least 20 feet north of the curve);
3) That an acceleration/deceleration lane be installed on Church Road at
Aline Wolfe Drive;
4) No right turn sign be installed at the entrance of the development,
meaning no right hand turn onto Aline Wolfe Drive;
5) That no construction vehicles be allowed to travel east on Church
street in order to reach the construction site.
Bill Scoggins seconded the motion which carried 6-0.
Mayor Bacon called for a 5 minute recess.
(C) Variance access allowance on Aline Wolfe Drive for development of
residential high rise.
John Patterson said John Hallman of East Cobb Corporation is requesting a
variance to allow access to his new development from Aline Wolfe Drive.
Section 1015-12 of the code requires access by way of a major or minor
thoroughfare and there is some question as to whether or not this street
would be classified as a thoroughfare street. There was no opposition to the
variance and Jim Hawkins made a motion the variance be granted as submitted.
Bill Scoggins seconded the motion which carried 6-0.
(D) Variance - side yard setback at 944 Dell Avenue for carport addition.
John Patterson said that W. J. Strickland is requesting a variance to reduce
the side yard setback from 10 feet to 6 feet for a carport addition to
protect his motor home from the elements. There was one person in opposition
.who was sworn in with Mr. Strickland.
Mr. Strickland said they wanted to put an aluminum carport on the side of
their home which will be connected to the house with a covered walkway. A
concrete pad is already there but the motor home is being damaged by the
weather.
June 19, 1989 meeting - continued
Sue Wix said she owned the house next door and was opposed to the variance.
Her house is rental property now, but one of the main reasons for moving from
the house was because of the camper which is an eyesore and devaluates her
property. Mrs. Wix said she was opposed to the variance and was also opposed
to him parking this vehicle on that side of the house. Mrs. Wix presented
pictures and said Mr. Strickland has two driveways now and it would be much
better if he would park his two cars on her side and move the camper to the
other side of the house. Mrs. Wix said her rentors have not complained about
the motor home but if she ever decided to sell the property it would be a
problem for her.
Jim Hawkins said he did not believe the carport addition could worsen the
situation and whether the variance is granted or not, we cannot make Mr.
Strickland move his motor home. Also, he does live in his home and has a
considerable investment in it. Jim Hawkins made a motion the variance be
approved. Bill Scoggins seconded the motion which carried 6-0.
Q
(E) Variance - side yard setback at 2654 Estelle Court for utility building.
John Patterson said that Roger Rosine is requesting a variance from 10 feet
to 6 feet on the side yard setback for a utility building at his home. The
building was already under construction when our permit department discovered
it had not been permitted and Mr. Rosine said he did not realize that he
needed a permit. There was no opposition.
Mr. Rosine said he
would be used for
presented from the
to the variance.
has very little storage at his home, and the building
storage only of bicycles, tools, etc. A letter was also
adjoining property owners stating they had no objections
Jack Shinall made a motion the variance be approved as requested. Kathy
Jordan seconded the motion which carried 6-0.
(F) Privilege license - liquor, beer and wine package sales - Freddie Mac's
Package Store - 4924 South Cobb Drive.
o
John Patterson said that Freddie Douglas Mac is applying for a license to
operate a retail package store at 4924 South Cobb Drive. This license was
approved November 16, 1987 but due to financial problems, Mr. Mac was unable
to open in the required time period. The police investigation was favorable
and there was no opposition.
Mr. Mac said
first applied
business. The
was familiar
beverages.
legal and financial problems prevented him from opening when he
but everything is now in order and he is ready to open for
location meets all distance requirements and Mr. Mac said he
with city and State ordinances concerning sale of alcoholic
Jack Shinall made a motion the license be approved. Bob Davis seconded the
motion which carried 6-0.
(G) Privilege license management change - beer and wine package sales -
Tenneco, 902 Windy Hill Road.
John Patterson said
Tenneco license and
d/b/a Majik Market.
opposition.
Mr. Walburn said he does hold several other licenses in the City for Majik ~
Market and has read and is familiar with our ordinances. Also he has
requested additional copies of the ordinance for his employees to keep, to
ensure that they are also familiar with them.
Robert C. Walburn is applying as the new agent for the
also holds other licenses for the Munford Corporation
The police investigation was favorable and there was no
With little discussion, Jack Shinall made a motion the license be approved.
Jim Hawkins seconded the motion which carried 6-0.
(H) Privilege license management change - beer and wine package sales -
Tenneco, 1166 Concord Road.
There was no opposition
approved for Robert C.
which carried 6-0.
and Jim Hawkins made a motion this license also be
Walburn as agent. Bill Scoggins seconded the motion
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June 19, 1989 meeting - continued
(I) Privilege license management change - beer and wine package sales -
Tenneco, 2610 Cobb Parkway.
There was no opposition and Bob Davis made a motion the management change be
approved for Robert C. Walburn as agent. Jim Hawkins seconded the motion
which carried 6-0.
FORMAL BUSINESS:
(A) Extension of work hours for John Wieland Homes.
John Wieland Homes was not represented in their request and Bob Davis made a
motion this item be tabled to the next meeting. Jack Shinall seconded the
motion which carried 6-0.
(B) Approval to request proposals for traffic study
John Patterson said the need for a traffic study for the City had been
established by council at their planning retreat. The county has authorized
some funds to assist with the study to review and analyze short-range trends
in travel demand.
Bill Scoggins made a motion proposals be requested for the traffic study.
Wade Lnenicka seconded the motion which carried 6-0.
(C) Approval of 1990 budget
Jim Hawkins said council has had several lengthy meetings on the new budget
which totals $18,862,117, an increase of approximately 8%. This is not as
significant an increase as we have had in past years and signifies the
decrease of construction. Mr. Hawkins said copies were available in the City
Clerk's office and gave a breakdown of the total proposed expenditures, by
department. Jim Hawkins made a motion the 1990 budget totaling $18,862,117 be
approved as presented. Jack Shinall seconded the motion which carried 6-0.
(D) Approval of millage rate
Jim Hawkins made a motion the millage rate for 1990 remain at 10.6%, no
increase from last year. Jack Shinall seconded the motion which carried 6-0.
(E) Bid opening: water meters and repairs
Bids for new water meters and repairs were opened, read and recorded as
follows:
A&P Water & Sewer Company
No bid
BTR Water Measurement, Inc.
$6,746 total bid price
Delta Municipal Supply
3/4" $22.50
1" $95.00
1 1/2" $225
1 1/2 female $225
2" flange $285
2" female $285
3" flange $425
3" female $425
4" flange $775
6" $1580
8" $2500
10" $3000
Southern Meter & Supply
3/4" $24.90
1" $66.45
1 1/2 $143.30
2" flange $221. 90
2" female $221. 90
3" flange $473.00
3" female not available
4" $631. 25
6" $1237.50
8" & 10" not available
Davis Meter & Supply
3/4" $25.11
June 19, 1989 meeting - continued
Davis Meter (cont'd)
1" $55.19
1 1/2" flange $151.47
1 1/2" female $174.00
2" flange $188.88
2" female $223.70
3" flange $417.00
3" female not available
4" meter $2935 + $1000
6" meter $3990 + $1785
8" $6500 + $1965
10" $10,900
Jim Hawkins made a motion the bids be turned over to the Finance &
Administration Committee for their recommendation back at the next meeting.
Bill Scoggins seconded the motion which carried 6-0.
(F) Validation of signatures to annex 4.5043 acres on North Cooper Lake Road
Attorney Camp read the petition to annex property in Lane Lots 333 and 334 as
follows:
We the undersigned, who constitute sixty percent of the electors resident and
sixty percent of the owners of the land area by acreage, as described below,
which is unincorporated and contiguous to the City of Smyrna, hereby apply to
have said area annexed into the City of Smyrna under the provisions of laws
of the State of Georgia, said property being annexed being described as
follows: I
All that tract or parcel of land lying and being in Land Lots 333 and 334 of
the 17th District, 2nd Section, Cobb County, Georgia, being more particularly
described as follows:
BEGINNING at a 1/2 inch rebar set at the intersection of the land lot lines
common to Land Lots 334, 387, 333 and 388, aforesaid district, section and
county, running thence along the eastern land lot line of said Land Lot 333,
south 1 degree 33 minutes 53 seconds east, a distance of 353.8 feet to a
1-inch pipe found; thence leaving said land lot line and running south 86
degrees 14 minutes 30 seconds west, a distance of 569.23 feet to a 1/2 inch
rebar set on the eastern right of way line of North Cooper Lake Road (being a
50-foot right of way); running thence along said eastern right of way line
north 8 degrees 57 minutes 25 seconds east, a distance of 151.11 feet to a
point; continuing thence along said right of way line, along the arc of a
curve to the left, an arc distance of 199.45 feet (said arc being subtended
by a chord having a bearing of north 4 degrees 3 minutes 5 seconds west, a
chord distance of 197.80 feet, and a radius of 446.76 feet) to a 1/2 inch
rebar set; thence leaving said right of way line and running north 85 degrees
18 minutes 46 seconds east, a distance of 369.63 feet to a 1-inch pipe found;
running thence north 67 degrees 27 minutes 41 seconds east, a distance of
192.54 feet to a 1-inch pipe found on the eastern land lot line of said Land
Lot 334; running thence along said land lot line south 1 degree 33 minutes 53
seconds east, a distance of 60 feet to a 1/2 inch rebar set, being the point
of beginning; being improved real property containing 4.5043 acres as shown
on that certain boundary survey for Herman L. Miller, prepared by William W.
DeLoach (Georgia Registered Professional Land Surveyor No. 1711) of Pearson &
Associates, Inc., dated May 31, 1988.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hand and seals of 60% of the record title holders of the land
described above: s/HERMAN L. MILLER
Jim Hawkins made a motion the petition be validated and the public hearing
set for July 10, 1989. Wade Lnenicka seconded the motion which carried 6-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Set date for public auction - July 15, 1989
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June 19, 1989 meeting - continued
Kathy Jordan made a motion the consent agenda be approved. Jim Hawkins
seconded the motion which carried 6-0.
COUNCIL INPUT:
Wade Lnenicka reported the City had won the Jebco lawsuit involving the
rezoning of property at the intersection of Hurt and Concord Road.
Bill Scoggins reported on parks activities.
Jim Hawkins said he has received complaints about the timing of the turn
signal on South Cobb Drive and Concord Road and has asked the engineering
department to have the timing checked.
Jack Shinall reminded the citizens that when they feel they need the services
of additional patrol through the STEP units it is not necessary to come to
council meetings, and arrangements can be made by calling John Patterson at
City Hall.
Mayor Bacon reminded everyone that the Special Election will be July 11,
1989, with qualifying to be held June 26, 27, 28.
With no further business, meeting adjourned at 10:17 p.m.
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