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February 20, 1984 Council Meeting The regular scheduled meeting of Mayor and Council was held February 20, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles B. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broy- les, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by Max Bacon, followed by the pledge to the flag. Citizens Reports: Walt Hendry appealed to Mayor and Council for their assistance in allowing him to tie onto the sewer line for his new home in Hickory Mill Sub- division. Mr. Camp had written Mr. Hendry a letter on February 3rd stating that the City may not use its power to condemn solely to benefit one individual to the detriment of another property owner. Mr. Hendry presented letters from Bob Sutton giving Cobb County's policy for tying onto sewer lines and also stated that sewage was available to this subdivision. Mr. Hendry said in view of the new evidence he felt the City should reconsider his request. After further discussion, Jack Shinall said we would make this an agenda item at the next meeting and give Mr. Camp additional time for research. Mayor Bacon said this was a public hearing to consider the annexation Rose Garden Hills Subdivision in Land Lots 665, 664, 705 & 704, the legal desc- ription having been read and made a part of the January 16, 1984 meeting. Mr. Paul White from the audience stated he was opposed for many reasons, based on what he had read in the newspapers. Mr. White said he objected to his tax money being used to make driveway repairs, install new street lights, etc., in this subdivision. Mr. White also questioned the value of dollars the City would spend in comparison with what we would receive. Mayor Bacon said city officials have met with the resi- dents in this area, and they realize improvements will take time, and wilJ_ not be made overnight. Jim Tolleson said we had estimated it; would cost $180,000 for garbage cans, street lights, curbing, etc. but there is a good possibility that we will obtain a Federal grant. After further discussion, to become a part of Ward 3. James Williams made a motion the property be annexed, Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said we had received a request that the zoning be amended as follows: 1506(b) Applications Commission of the City the approval of the Commission, to the date of hearing thereon. for review or of Smyrna may for due cause, recommendation by the Planning and be continued or withdrawn only with not later than 3 business days prior All applications than 7 calendar Board. Zoning Office the Planning not and later Zoning for days rezoning prior to must the be submitted to the scheduled meeting of Jack Shinall made a motion the amendment be approved. Max Bacon seconded the motion which carried 7-0. Michael Steven Jacobs request:;ed a beer and wine pouring license South Cobb Drive. There were several in oppoal tion, and ]VIr. Jacobs was sworn in with Billy Raburn of Sharon Baptist Church representing the oppo Mr. said the beer and wine would be a convenience item for their customers and would probably be no more than 2% of their sale_s. He- also understood that all his employees would have to be 19 years of age. Max Bacon questioned the drive- in window and Mr. Jacobs said the beer and wine sales would be inside the restaurant only, and it was their policy not to sell through the window. They presently have a restaurant on Roswell Road and one on Sandy Plains Road and they have had no in selling beer and wine. Max Bacon said that Section 3-64 of the Code minors from being in a licensed location unless accompanied by a parent , and Mr. Jacobs said he was not aware of' the ordinance. Billy Raburn said he felt this establishment solicits business :from minors and did no :feel it would be to their benefit to make beer and wine available. He re- que the license be denied because of the harm it would do to our community. February 20, 1984 - Continued Kathy Brooks said she also felt the beer and wine would hurt, rather than help their business, and made a motion the license be denied. Jim Hawkins seconded the motion which carried 7-0. Residential Business License: Al Burley requested a residential license for his business, Total Protection System, at 3330 Atlanta Street, Apt. J-12. There was no opposition and Mr. Burley had a letter from the resident manager of the apart- ments stating she had no obj ections. Mr. Burley said he would be using his home to put bids together and make telephone calls. He understood the home occupation ordinance and agreed to abide by it. Mr. Burley said he polishes cars, applies protective coatings and flame retardants but he would not have any paint or chem- icals stored at his home. Max Bacon made a motion the license be approved. Jim Tolleson seconded the motion which carried 7-0. Variance: Glen Robinson requested a variance on rear yard setback from 50 feet to 30 feet for an addition to his business, R-Value at 3255 S. Atlanta Street. Mr. Robinson said when the building was originally constructed 6 years ago his plans indicated a future extension of the building. At that time, the setback re- C1tuirement was 30 feet. Since that time, the adjoining property was rezoned for townhomes and when he applied for a building permit, was told by Mr. Golden that a 50 foot setback was now required since his property adjoins residential rather than commercial zoning. Mr. Robinson said the owner of this property had refused to give his approval for the variance. Mr. Camp said the variance could be approved without a letter from property owner and this is a classic case of what variances were made of zoning changes in adjacent properties. the adj oining for, because Mr. Robinson said R-Value is an into an insecticide line, but the building. insulation supply company and they have now expanded there are no chemicals at all being dispersed from Mr. Chuck Wood said he was the developer of the project adjacent to Mr. Robinson's. They will build 49 fee simple units and have a considerable investment in the prop- erty for a high quality development. Mr. Wood said he felt the addition to the building would have a detrimental impact on 6 of his units. Mr. to this could be spoke and said he had a contract on one of these units being so close to the property line. He also felt changed to allow the same amount of space without the variance. and objected their plans Max if be O. Bacon said he would like to see what he said is true, a variance .tabled to the next meeting. Jack Mr. Robinson's original building plans and may not be required. Max made a motion this Shinall seconded the motion which carried 7- Commercial building permits were presented by Inspec- tor Larry Dunn, and upon hj..s recol)"l))1endation, the following approved: (1) Waffle House requested at a total estimated cost of subject to approval of the the motiOn which carried 7-0. a permit for new construction at 5240 South Cobb Drive $70,000. Max Bacon made a motion the permit be approved City Engineer and Fire Marshal. Hugh Ragan seconded Surplus Equipment: Jim Tolleson be declared surplus and used as the motion which carried 7-0. made a motion the 1975 a trade in for the new backhoe from Public Works one. Max Bacon seconded Jim Hawkins be declared carried 7-0. made a SUI'plus motion and put a 1965 out for bids. ID 5A62X235785 James Will.iams from the seconded Fire Department the motion which Bids for a new John Deere 310B backhoe were opened, read and recorded as Forest Services, Inc. Backhoe Less Trade in &. Bucket $41,189.00 18,014.00 1,251.00 $24,426.00 Total Columbus Tractor Backhoe Less Trade in Pads & Bucket $32,416.12 8,800.00 1,057.23 $24,673.25 Total Metropolitan Tractor Backhoe Less Trade in Bucket & Pads $28,235.00 9,000.00 1,000.00 $20,235.00 Total Jim Tolleson made a motion the bids be turned to accept or rej ect any or all bids. Hugh Ragan cussion, the motion and second were withdrawn. Jim Tolleson then made a motion and return to full council for the motion which carried 7-0. the bids action at over to committee with authority seconded the motion. After dis- be turned the next over to meeting. commi ttee for review Hugh Ragan seconded Bids for the renovation of the filter system for Church Street blanket and wind screen for King Springs Pool were opened, follows: Georgia Tent No bid pool, read a solar/thermal and recorded as $13,180 4,975 No bid $12,550 4,750 9,817 (top) 6,560 (sides) $14,486 6,700 No bid Sherry Reavis said she would like the bid for the solar blanket and wind screen awarded tonight, to have the pool ready for opening this Spring. The solar blanket is budgeted in grounds maintenance, the filter system budgeted in pool repairs and the wind screen approved from Revenue Sharing. Jack Shinall made a motion the solar blanket and wind screen be awarded to Lewis & Wiley, the low bidder and the bid on the filter system be turned over to committee with their recommendation back to full council at the next meeting. Max Bacon seconded the motion which car- ried 7-0. additional meeting in equipment for March. James the Fire Williams Southern Gunite Filter system Solar Blanket Wind Screen Jim Tolleson said there was a serious drainage problem on Village Parkway, under- mining some of the trees and shrubs just off the right of' way. Jim Tolleson made a motion that $1,515 be approved from E&C Fund to install 200 f'eet of 18" drain pipe on Village Parkway. James Williams seconded the motion which carried 7-0. Committee Reports: Jim Tolleson said he was hoping the weather would improve soon so that street repairs can be made. Jack Shinall said that system should also be to Lewis & Wiley, the 7-0. Max Bacon said he to sell tickets at Max said they would and times. had received a request from the roadblocks to raise money for the coordinate their plans with the Shriners asking for approval crippled children's hospital. police department on the days JameS Williams welcomed the residents of' Rose Garden Hills into the City. Water-Tech No bid Lewis & Wiley Filter System Solar Blanket Wind Screen Wind Screen Irwin & Mahaffey Filter System Solar Blanket Wind Screen Jim Hawkins made a motion bids be requested for Department ladder truck, to be opened the last seconded the motion which carried 7-0. Jim Hawkins also said he appreciated the action they had taken by coming into the City and we are willing to help and serve them in any way possible. after talking with Gene McIntyre, he learned the pool filter awarded tonight, and made a motion these repairs be awarded low bidder. Kathy Brooks seconded the motion which carried Jack Shinall said the City of Smyrna would host the State swim year and it appears it will pay for itself and aJ.so make money Also, May 1st there will be an exhibition softball game with the King and his Court at King Springs Park. Next council meeting on March l2, 1984. With no further business, meeting adjourned at 9:13 p.m. MAX BACON, WARD 2