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March 12, 1984 Council Meeting March 12, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 12, 1984 at Smyrna City Hall. The meeting was called to order at 7: 30 o' clock p.m. by presiding officer Mayor Protem Jim Tolleson. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag led by Girl Scout Troop 1210. Jim Tolleson not know the prayers. announced that extent of his Mayor Bacon illness, but had been hospitalized today and we did asked everyone to remember him in their Citizen Reports: Shirley Palmer and six other ladies from J.J.'s Golden Scissors presented a petition signed by their customers concerning loitering, drinking and language from customers coming from Red Baron' s Game Room. Ms. Palmer said they have called the police on numerous occasions but nothing has been done. Chief Little said he talked to both his Captains and they had no-t received a report of any complaints. They have had the same problem at the Pizza Hut and the game room at The Crossings Shopping Center, and Chief Little said it was his intention to correct the situation, but he was not aware of' the problem until tonight. He suggested that when they call in a complaint, they ask for the Watch Commander. Jack Shinall said he would also ask Gene Golden to contact the owners and let them know they may be in violation of our ordinance. Jim Tolleson read a proclamation honoring Girl 17th, and presented it to Barbara Hollingsworth, 1210. Scout Week, Troop Leader March 11th through of Girl Scout Troop W. E. Collett, a resident of McLinden Avenue complained of a drainage problem due to his yard being lower tban the pavement, which has worsened by paving and guttering on Medlin Street. After lengthy discussion, Jim Hawkins told Mr. Collett he and Vic Broyles would meet him at his home on Wednesday at 4: 30 to see what could be done. Rezoning: Mary J. King requested rezoning of 1322 Concord Road from Residential to Limited Commercial. Robert Davies with Avesta Realty represented Ms. King and said the property, if rezoned, would be used for a PSYChologist' s office. Jim Hawkins said the Planning and Zoning Board had recommended the zoning be approved and the only problem he had in approving it was their plans indicate a curb cut on Lee Street. Mr. Hawkins said when the property adj acent to this was rezoned, the petitioner was not allowed to use Lee Street for ingr'ess or egress and he did not think this parcel should be any different. Mr. Davies said the curb cut on Lee Street was already there, and it would cost them a considerable amount of money to move the entrance to Concord Road. Jack Shinall said this was a resi- dential curb cut, not to be considered for commercial use. There was no opposition from -the audience, be approved with the stipulation that no Street. Mr. Davies' requested an 18 month but was denied. Max Bacon seconded the stipulated, which carried 6-0. and Jim Hawkins made a ingress or egress be extens:ion on the use motion to approve motion the zoning allowed from Lee of the curb cut, the rezoning as Residential Business License: Jack Strickland requested a residential business license for Smyrna Stained Glass, 944 Dell Avenue. Mr. Strickland said he would l:ike to have the license to allow him to buy glass at wholesale prices for items he makes to sell at craft shows. He understood the home occupation ordinance and would have no signs or additional traffic at his home. There was no opposition and Jim Hawkins made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. Charles Jones requested annexa'tion of 69.495 acres in Land Lots 457, , the legal description having been read and made a part of the February 6, 1984 meeting. Sue Brissey asked about sewer lines for this development. Mr. Jones said sewer lines have always been available to the property and everything has already been approved by the county. Mr. Jones said he would be using the Reed Road line instead of Gann Road, and he was paying for all improvements to the line. The propert;y is zoned for apartments at 10 units per acre, and they March 12, 1984 - Continued will build condominiums, with a to;tal of" 576 units. The property on Gann Road will remain residential with 10 or II single family homes built. When asked about variances, Jr. Jones said he did not anticipate any variance requests but if he asked for a variance later it would be for aesthetic purposes only for the develop- ment of ;the interior portion of the property. Hugh Ragan made a motion the proper;ty be annexed to become a part of Ward 7, sub- ject to the same agreements and stipulations as set forth by the county when the property was rezoned. Jack Shinall seconded the motion which carried 6-0. Validation of Signatures: Attorney Camp read an application for annexation by Marguerite Little, as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area 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" the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages lOll, 1012; said property to be annexed being described as fol- lows, to wit: All that tract or parcel of' land lying and being in Land Lot 631 of the 17th Dis- trict, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a concrete monument on the west right of' way of Jonquil Drive, 581.4 feet south of Old Spring Road; thence southeasterly along the west right of way of Jonquil Drive 99.5 feet to a point; thence north 86 degrees 44 minutes 13 sec- onds west 170.0 feet to a point; thence north 3 degrees 46 minutes l5 seconds east 44.14 feet to the south right of way of Spring Road; thence north 60 degrees 23 minutes 35 seconds east 132.57 feet along the south right of way of Spring Road to a point; thence south 6l degrees 48 minutes 06 seconds east 43.63 feet to the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of his legal representative, s/MARGUERITE LITTLE the of record 60% of ti tIe holders the land area of the above fee simple title, or described by acreage: Max Bacon made a motion the signature be validated and the public hearing set for April l6, 1984. James Williams seconded the motion which carried 6-0. Variance: Glen Robinson requested a rear yard setback from 50 feet to 30 feet for R-Value, 3255 S. Atlanta Street. Mr. Robinson was sworn in by Attorney Camp, along with Paul Rogers and Mr. Doffmeyer, in opposition. Max Bacon said this was tabled at the last meeting to check Mr. Robinson' s original plat to see if the addition to the building was shown for expansion at a later date. Mr. Robinson said at the last meeting he did not have a copy of the plat, but had assumed prov- isions had been made for an extension of the buildi.ng when the original building was constructed. Mr. Robinson said he needed additional storage capability to expand his pest control and insecticide line. Mr. Robinson said he felt he should be allowed to continue with the expansion, based upon the original setback he was given at 30 feet. Max Bacon stated that since the original building was con- structed, the adjoining property was rezoned from Light Industry to Residential Townhouse District, which requires a 50 foot setback. Mr. Rogers and Mr. Doffmeyer both spoke and felt the addition would hurt the town- house development and felt the addition could be re-arranged on the lot to where the variance would not be required. Max Bacon said that normally the adjoining property owners be reached. Max made a motion the motion which carried 6-0. when and the variances are granted, approval is given by it was apparent that an agreement could not variance be denied. James Williams seconded Michael Wright represented J. S. Ross in a variance request from 50 feet for Circuit City on Cobb Parkway. Mr. Wright said this would be a new retail business specializing in electronics. This property adjoins Cumberland Glen Apartments, and apparently when the plans were drawn his people were not aware of the 50 foot setback requirement. Mr. Wright said Mr. Collin Barker of Glen Properties had agreed in principle to the variance and would be meeting with their engineer. Max Bacon said he would prefer to have a letter from the adjoining property owner and made a motion this be tabled to the next meeting. Jack Shinall seconded the motion which carried 6-0. Variance: Randall Young requested a zero rear yard setback for an addition to the Men's Den at 531 Cherokee Road. Mr. Young had letters from both adjoining property owners stating they had no objections and there was no opposition from the audience. Mr. Young said there would still be a driveway between his building and Jerry's Cleaners and the Fire Marshal had also inspected the plans and could see no problem since the fire trucks could enter from Ventura Road. Kathy Brooks made a motion the variance be approved. Jim Hawkins seconded the motion which carried 6-0. Variance: James C. Perry requested a side yard setback variance from 10 feet to 8 feet for a carport addition to their home. A letter was also submitted from Kathryn Cochran, the adjoining property owner, stating she had no obj ections. There was no opposition from the audience and Jack Shinall made a motion the var- iance be approved. KathY Brooks seconded the motion which carried 6-0. Commercial Building Permits: In the absence of Inspector Larry Dunn, commercial building permits were presented by Hugh Ragan as follows: (1 ) for the Jim 'I'illman Methodist Church at 940 Concord Road requested a building permit an addition at a total estimated cost of $110,000. Hugh Ragan made a motion permit be approved subject to approval of the City Engineer and Fire Marshal. Hawkins seconded the motion which carried 6-0. (2) Men's Den at 531 Cherokee Road requested a building permit for an addition to the existing building at a total estimated cost of $10,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fj.re Marshal. Kathy Brooks seconded the motion which carried 6-0. (3) Arby's at 2217 South Cobb Drive requested a building permit for an addition to the existing building at an estimated cost of' $90,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (4) Charles West requested a building permit for construction of' a new shopping center at 1810 Spring Road at a total estimated cost of $350,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. (5) Aunt Fanny's Gabin at 2155 Campbell Road requested a building permit for an addition to be used as a waiting room at a total estimated cost of $ 40,000. Hugh Ragan made a motion the permit be approved SUbject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. (6) David Thurman requested a building permit for construction of a repair shop at 2670 Atlanta Street at a total estimated cost of $15,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. Bid Opening: as follows: Bids for four (4) 1984 police cars were opened, read and recorded Beaudry Ford 1984 Crown Victoria Package as per bid $10,020.00 Alternate $9,639.40 CodY Chevrolet 1984 Chevrolet Impala (State Contract for Chevrolets) $ 9,565.00 Wade Ford 1984 Grown Victoria $ 9,817.22 Hub Motor 1984 Crown Victoria $10,032.51 Jim Hawkins made a motion the bids be turned over to the Public Safety with their recommendation back to full council at the next meeting. seconded the motion which carried 6-0. Committee Max Bacon March 12, 1984 - Continued Bid Award: James Williams said Metropolitan Tractor at $20,235 Grants and made a motion this which carried 6-0. the Street Committee recommended the low bid ~rom be accepted for the backhoe, to be paid from State bid be accepted. Jim Hawkins seconded the motion Request ~or Bids: Jack Shinall made a motion bids be rotary mower ~or the Parks Department, to be opened Jim Hawkins seconded the motion which carried 6-0. requested for a rear mounted the first meeting in April. James Williams said the Engineering Department had requested that $1,400 be ap- proved for repairs to Ward Street where it was cut to repair the sewer pipe. Also, there is a similar problem on Creatwood Trail and cost of repairs would be $460. James Williams said contractors would not bid on a job this small and made a motion that $1,860 be approved for repairs to be paid from State Grants, Jack Shinall seconded the motion which carried 6-0. Approval of Minutes: Jack Shinall made a motion the minutes of February 6, 1984 be approved as submitted. Jim Hawkins seconded the motion which carried 6-0. Hugh Ragan made a motion the minutes of February 20, 1984 be approved as submitted. James Williams seconded the motion which carried 6-0. Committee Reports: Jim Tolleson said there was a for tonight concerning a sewer tap for Walt Hendry the Courts today to remain silent on this issue. tentative item on the agenda but we had been enjOined by (Library) Doris Morris reported the Senior Citizens had chosen the library to display their art work this year and it would be on display through Saturday. Kathy Brooks reported on the National League of Cities Con~erence in Washington and said it was a very enj oyable trj_p. Jack Shinall thanked Buddy Darden for the warm reception they received in Washing- ton. He said they were treated very well and also heard Mr. Darden's maiden address on the floor. (Public Safety) Jim Hawkins said he would like to meet brie~ly with the Public Safety Committee following adjournment to look over bids just received. Jim Hawkins read a letter of commendation from Dr. Harry Porter to the Smyrna Police Department for their quick response during a recent emergency situation. (Finance & Administration) James Williams reported the City is still doing well and the Georgia Power franchise check for 1983 was for $464,400. (Water & Sanitation) Max Bacon said that in the past, we have always had a clean up month in the City but now he would like to have a committee comprised of one person appointed from each ward to establish an on-going program to keep our city clean. Max asked everyone to keep this in mind and have their appointment ready for the next meeting. (Streets) Jim Tolleson said the light on Spring Road at Village Parkway is out because it was damaged in an automobile accident which destroyed the control box. Jim the Tolleson "Smurfslf said the and their Street jOb is Department has formed a 2 or 3 to keep the right of ways clean. man crew they call Jim Tolleson again asked everyone to remember Mayor Bacon while he was in the hospital. With no ~urther business, meeting adjourned at 9:10 p.m. ************************