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September 5/17/24, 1984 Council Meeting September 5. 1984 regular scheduled meeting of Mayor and Qouncil was held pursuant to the Charter 5. 1984. The meeting was called to order at 7:30 o'clock p.m. by pre- siding officer Mayor Arthur T. Bacon. All council members were present. Also present was City Qlerk Willouise Spivey. city Attorney Charles E. Camp. Police Ohief R. E. Little. Assistant Public Director Vic Broyles. Parks and Recreation Direc- tor Sherry Reavis. Ci Director Jim Farley. Librarian Doris Morris and representatives of the press. Invocation was given by Jim Tolleson. followed by the pledge to the flag. 'ned of the manner in which a case was handled concerning an accident involving his daughter. Hawkins said the Public safety Committee would inves- Monk of 895 Pinehill Drive requested a variance to construct n the rear and" 5 feet on the side property lines. There and Mr. Monk also had a letter from the adjoining property owners no objection. Jack Shinall made a motion the variance be approved. seconded the motion which carried 7-0. iance: The variance Atlanta Road and Sp be present. by Charles B. Miller for construction at the corner w"as not heard because Mr. Miller was not able to Jim Hawkins read a request for Franks letter from Attorney Fred Bostick requesting that Chiropractic Center at 1105 Ooncord Road be with- requested a variance on required number of 2251 Lake Park Drive. Sandra L. Meador represen- d like to create 13 additional spaces, from 175 d that 50 to 60% of the tenants will be driving reduce the size on some of the spaces from the t cars. This would allow 121 standard size spaces There was no opposit:ion and James W:ill:iams made ed. Kathy Brooks seconded the motion which carried variance to reduce number of required parking front building setback line f'rom 50 :feet to off'ice building on Lake Park Drive. There in opposition and Mayor Bacon said that asked for had been withdrawn. Mr. Gresham variance on the f'ront building setback line would f'rom their homes. and be an improvement. Mr. Gresham to red"uce the parking spaces f'rom 332 to 295 which of' the trees and f'urther enhance the landscaping. ding setback line is only on one small corner of' im Tolleson made a motion the variances be approved. which carried 7-0. to use a storage trailer f'or electrical equip- e. Hugh Ragan made a motion approval be granted the motion which carried 7-0. made a motion that Ann Francini of 4294 Fawn Qommission. Max Bacon seconded the motion which that Jerry Hughes be reappointed to the Parks and Recrea- seconded the motion which carried 7-0. appointment to the Parks and Recreation Committee inall seconded the motion which carried 7-0. absence of' Building Inspector Larry Dunn, by Hugh Ragan and recorded as follows: Cobb Drive $100.000. requested a permit to repair Hugh Ragan made a motion the September 5, 1984 - Continued permi t be approved subject to approval of the Oi ty Engineer and Fire lY,[arshal. Kathy Brooks seconded the motion which carried 7-0. Flanders requested a al;ld dry cleanil;lg a l1:lotion the Fire Marshal. Jack Shinall permit f'or construction at 1810-1 Spring space at a total estimated cost or $25.000. approved subj ect to approval of' the City seconded the motion which carried 7-0. (3) way been the Oompany requested a estimated cost of' . and made a motion which carried 7-0. ror new construction at 4200 lIighland Park- .000. Hugh Ragan said the have already building permit be approved. Max Bacon seconded Set Millage set at 11.5, Rate: James no increase. Williams made a motion the millage rate f'or 1984/85 Jack Shina:I.:I. seconded the motion which carried 7-0. be Bids for f'our (4) piCkUp trucks were opened. read and recorded as Fouts Brothers $6, small size 30 day delivery Wade Ford $7,640 small size $8,835.74 v-8 engine $7.850 small size 60 day delivery $8,899 305 el;lgine 60 day deliverY $500 less eaCh with v-6 were on 1985 model trucks. Jack Shinall made a motion the three trucks be awarded to wade Ford. the low bidder, and the one (1) small to Fouts Brothers. also the low bidder. Jilin Tolleson seconded the carried 7-0. Jim Hawkins made the motion whicil a motion bids be requested f'or a microf'ilm rirst, then the other departments. Jmines 7-0. Hugh Ragat"l read proposed amendments to the ordinance as Penalties and incentives.(Soil Erosion) persons violating any provision of this ordinance shall upon convic- by a f'ine of not less than $200.00 and not more than $500.00 ror EaCh day such violation continues shall constitute a separate of:fense. Penalties for violation.{ZOning) :firm or corporatiot"l violating at"ly provision of' misdemeanor and. uponcOt"lviction. shall be rined a than $500.00 f'or each off'ense. Each day such violation separate orfense. shall or $200.00 continues shall made a motion the amendments be advertised and heard October 1, 198L~. seconded the moiton which carried 7-0. Jim Hawkins made a motion the minutes of be approved as submittd. James Williams seconded 6, 1984 and motion which of the rrom street. Circle to 7-0. the Seaboard Railroad Road. Trains railroad employees It has become a with 20 signatures made a motion the no the end of' the cul-de-sac. has built a side track on parked on the side their vehicles on the neighbors and Max that no parking signs signs be placed on Jim Hawkins seconded the of' way Max to work on petition on the NancY carried (Library) Doris Morris reported on library said that on September 29th. Springs Pool is open and reminded everyone Jack Shinall said that Gene McIntyre had resigned from the Parks Department to accept a position i!;l DeKalb Oounty. Jack also said the optio!;l agreement on the golf course should be ready by Friday and then the concessio!;l agreement will be drawn and submitted to the Department of' Interior for approval. (Public Saf'ety) Jim F they hope to have it in the rescue truck has finally been delivered a!;ld the next meeting. Jim Hawkins asked for a short meeting with the Public Saf'ety committee f'ollowing adjournme!;lt tonight. (Fi!;laJ:).ce) James Williams said tax bills will be going out tomorrow. made a motion the rules be suspended to cO!;lsider an amendment Qommission ordi!;lance. Jim Tolleson seconded the motion which to the carried 7-0. UpO!;l the recommendation f'ollowing amendme!;lt to ou America Beautif'ul commission. Max Bacon read the ance and made a motion it be approved. Sec The shall of'f'icers as may be d but may be re-elected f'rom its membership. a Vice Of'f'icers shall be elected cceeding terms. Chairman and o!;l a calendar such year other basis Kathy Brooks seconded the motion which carried 7-0. With no f'urther business. meeting adjourned at 8:39 p.m. ************************ September 17. 1984 Mayor and Council was held September 17, 1984 was called to order at 7:30 o'clock p.m. by pre- All council members were present. Also present City Olerk Wi110uise Spivey, Police Chief' R. Hubert cochran. Assistant Public Works Director Vic Me1inda Hiatt. Civil Defense Director Jim Farley, ng Inspector Scott Stokes and representatives of' Invocation was given by Max Bacon, f0110wed by the pledge to the f'lag. ex and Li ttle said of both f'ull reck tion a resident of' Cumberland Bridge Apartments less driving by Domino' s Pizza delivery cars hit by one of the cars while walking home. Chief' to this incident he had met with the managers trict Manager. They all had assured him of' their or dismissing any employees guilty of driving do whatever was necessary to~correct the situa- would help if' the citizens would get tag numbers a complaint so they can place specit'ic respons- Little if he would meet with the managers again Wlayor Bacon recognized Ralph Bryant. democratic cand:idate f"or the Board of' Oomm- issioners. rezoning of' 1051 Concord Road from Future e was no opposition f'rom the audience. Mr. ith a garage in the rear and he had a general there. The businesses on either side are zoned lots. Jim Hawkins asked Mr. Sanders if' he would den fence along the rear of" the property. and n asked if' they would be mixing chemicals on the prem- had been discussed. and they could mix their chemicals make provisions for that. After further discussion, Jim September 17, 1984 - Continued ous In a motion the be placed along the not be allowed to a quest~on from be met and he on the motion carried with the st line and al that premises. Jack Sh~nall Mr. Sanders said the responsible for paving as T~o. a 6 foot of' poison- motion. require- on their plans B. Sanders requested reduce the zoning. to businesses size zoned several there was no would be Ragan seconded. variance at 1051 Concord Road on from 20.000 square feet. There was no of' this location are Bacon pointed out that the ago before our existing size required. It was and Jim HaWkins made a which carried 7-0. property for Mr. General businesses on adopted feeling variance Walter E. Amoco on the request a variance for The proj ect planned to demolish The 40 f'oot setback the station. The 5Q f'oot the rear and would make it discussion w~th Mr. the site. Mr. Mof'fett said Mr. Mo:ff'ett said work. Jack Shinall and made a motion this be which carried 7-0. a canopy Amoco spoke building to enable woul d only for cars he had asked did not remem~ like to still would to the next said Jim Nichols requested :for an addition to h~s business within the rear property also to omit the 10 f'oot landscaped strip Street at 1246 There was no opposition the audience. and Jim Hawk~ns both they had told Mr. they should be even though he would still need Hawkins said had tried to work and had application with the f'or O&I. which was Mr. Hawkins did not support the the first t~me and his but he would tonight Mr. Nichols had do what was Nichols said he was approval to omit the 10 foot landscaped strip because it was impossible to maintain with cars parking on the road during baseball season. Mr. N~chols said he could park 29 cars and ~s requ~red to only have 18 spaces. After further d~scussion, a motion the two var~ances be approved. Jim Tolleson seconded carried 7~0. 35 Cumberland Townhomes on buildings'+J) Townhomes and the building is complete James Williams disappointed theY variance. Hugh Mr. moved and are the problems. for similar behind these between these Mr. Towers meet setback made a motion the totaling $1,500. a variance on side 5D. Randy Towers. through their own did not come to his f'or three units, and this was the third were here again tonight. asked if' there was anY did not know of any who laid out the lot buildings in the project and HaWkins said he felt the the line when he is in the future. Mr. Towers would do anything else the adjoining property with the Building There was no approved with a fine of' seconded the motion which f'rom repre- had ap- 3 weeks 80% of project one reason other than f'ired. Mr. think they Inspector a f'ooting they would could to en- James Wil- be sure the and James assessed for 7-0. ::r>equested approval to use te)!l1porary buildings f'or also to reside in the house at the same location at electrical South Cobb 17 1984 - Continued Drive. There was spokesman for the that Mr. Byers on a 24 hour residence and tion due to the sult with before Sears will to place a 32 x Ware said :it was a of their business. required f'or a by moving the building a large group in opposition and Mr. Byers was sworn in with he opposition. Attorney Jerry Ware represented Mr. Byers and stated ectrical ctor and does all of' Sears electrical repairs week He is presently operating from a converted for the variance allowing him to live at the business loca- nature of his work. When he receives calls at night he has to con- also computer int'ormation regarding credit ratings take the job. Mr. Byers is also requesting approval building on the lot for storage of' equipment. Mr. f'or him and his wif'e to live at the same location ing under the assumption that no permits were ding and had nO intentions of' violating our ordinance the lot. s said he is the sole operator of Sears electrical service and 90% of' his is done on credit and had to have access to the f'iles and computer inf'ormation when he re At one tiIlle he was operating from his home and was approached by about being in violation by operating a business f'rom his home. He then cial space to comply with our ordinance. The representative f'or tion said he was upset to come home and f'ind temporary buildings ou the 1 f'elt they were an eyesore that would ru:in the value of' their homes. They have already had trouble getting down Magbee Drive because of' trucks parking on the street. The driveway to the house is from Magbee Drive, with no entrance onto South Qobb Drive. After further discussion. Jim Hawkins said council was not under any obligation to vary f'rom the law and he did uot consider this to be a hardship case. Jim Hawkins made a motion the request be denied. James Williams seconded the motion which carried 7-0. Cmnmercial building permits were presented by Inspec- as f'ollows: (1) Road were was f' mad"e a 7-0. permit for au addition to the building at 1246 Concord $75.000. Scott was asked if' the setback lines iance approved tonight and during discussion it already been poured for this addition. Jim Hawkins bled. Jack Shinall seconded the motion which carried (2) total sub the to construct a canopy at 902 Oherokee Road at a Max Bacon made a motion the permit be approved Engineer and Fire Marshal. Hugh Ragan seconded Tenneco requested a estimated cost of' roval of' ich carried (3) Tenneco requested a permit for construction of' a canopy at 1166 Ooncord Road at a total estimated cost of $18.800. Jack Shinall made a motion the permit be approved subject to the City Engineer and Fire Marshal and asked Scott to check the setbac co locations to be sure they are correct. Jim Hawkins seconded the motion which carried 7-0. ( 4) Ridgeway Devel Park Drive at a total permit be approved sub Hawkins seconded the motion a building permit f'or office space on cost of' $90.000. Jim Tolleson made a motion oval of the City Engineer and Fire Marshal. carried 7-0. Lake the Jim Robert Kim Mcintire requested approval to close a portion of Dunn Street from Legion Drive to Hunter Street f'or a block party October 6. 1984 from 3:00 p.m. to midnight. Jim Hawkins made a motion the request be granted. James Williams seconded the motion which carried 7-0. Jack Shinall made from 10:(1(1 a.m. to which carried 7-0. a motion that a portion of Bank Street be closed September 29th 5:00 p.m. for the Fall Festival. Max Bacon secouded the motion approval to erect a directional sign on the right way illage Parkway. Jim Tolleson presented pictures of' the Camp said we may be setting a precedent by allowing way. James Williams made a motion the sign be approved. September 17, 1984 - Continued seconded by Jim Tolleson. the sign. the motion and second be tabled to the next meeting. Jim discussion about the exact location of' withdrawn. James Williams made a this seconded the motion whiCh carried 7-0. made a motion that Septemper 24. 1984 at decision of' Recorder' sQourt by Teri seconded the motion which carried 7-0. 6: 00 p.m. be S. Jones and set to hear the Re!::lecca Bridges. made a motion his 1:i.ppointment to the ParIes and Recreation Qommission the October 1st meeting. Max Bacon seconded the motion which carried be tabled to 7-0. Request f'or Bids: Max Bacon made a motion bids be requested f'ortwo (2), cabs and chassis f'or the Sanitation Department to be opened at the next meeting. Jack Shinall seconded the motion which carried 7-Q. Jim made a motion at Havilon Way carried 7-0. that to be be approved paid from State to install Grants. Max a wig wag light on Bacon seconded the (Library) Morris reported on library 1:i.ctivities and a booth at Festival to sell new and used books. Also, citizens can register to vote at the library. (Parks) Jack Shinall reminded everyone of the Fall Festival on September 29th. (Publi<:; Safety), service. Jim Farley said the new rescue truck is almost ready to go into Jim know reminded everyone of' the tour of' the State EOO center an(! needed to advance how many would attend so that he could make arrangements. Jim p.m. need t'or a Public Oommittee meeting September asked the Qity and Police Ohief to be there. the problems we have had recently at South Cobb Plaza. 18th at Jim said 5:30 they (Water & Sanitation) Vie Broyle$ said the new pickup system is Working out f'ine, but they still need two new cabs and chassis. Max Bacon made a motj_on the !::le suspended to discuss a sewer line problem on Hillside Road. Jack Shinall seCOnded the motion which carried 7-0. Max there are four homes on Hillside Road at Bank and made a motion that $973.05 be approved line and provide individual service to these only, with labor to be provided by city crews. carried 7-0. Street that have the E&O Fund This will seconded to be the Max his that Wendell Dean' s father had passed away last night. and expressed the t'amily. Jim Tolleson he would have a Public Works be:fore the agenda meetings. meeting Mayor recognized ex-council member Sarah Jones in the audience. business, meeting adjourned at 9:00 p.m. ******************** September 24. 1984 A special called meeting of' Mayor and Council was held September 24, 1984 at Smyrna City Hall. The meeting was called to orde~ at 6:00 p.m. by presiding off'icer Mayor A~thu~ T. Bacon. All Council members were present. Also present was Oity Attorney Cha~les E. Qar;np. Assistant City Olerk Melinda Dameron. and Police Chief' R. E. Little. A eal of' Recorder t s Teri s. Jones requested an appeal of' the decision of' Recorder's 6 t 1984 where she was f'ound guilty on two counts of' operating a business without a license. Rebecca Bridges also requested an appeal of' the decision of' Recorder's Qourt of the same date where she was f'ound guilty on tw"o coupts of givipg massage without licensed supervision. Attorpey Q:harles V. Gandy ~epresented both def'endants and stated the appeal by Rebecca Bridges was being wi thd~awn. Ms. Bridges W"as sworn in by Mr. Gandy and Police Chief R. E. Little was sworn by city Attorney charles Oamp. Mr. camp also instructed Council to disregard any inf'ormation they have concerning Ms. Bridges. Mr. Gandy said this appeal was being made based upon the fact that the testimony give:n by witpesses in Judge Reeves court did :not establish beyond reasonable doubt that anyone saW" Ms. Jones at her co:ndominiwn nor was there evidence of' any business bei:ng copducted on the two days in question. August loth and August 16th. Mr. Gandy said at this point his cliept stands innocent until p~ovep guilty by council. Chief' Little testif'ied and said lle was the arresting of'f'icer in the cases. He had received numerous complaints about activities taking place at ll02 Huntington Trace Drive f'rom other people livipg in the complex. The house was placed under su~veillance. and W"as under surveillance on August lOth and 16th. He observed one person entering the house on both days and questioned one of' the individuals who later testif'ied under oath in the presence of' the def'endant as to what transpired. The testimony f'rom the loth incident W"as by Mr. Raymond C. Brown who stated that he read an advert in creative Loaf'ing f'or a massage by Teri. with the telephone number. He w re about 2 months ago and again today, August loth, and paid $ 35 for a massage by Becky. 01;1 a prevous visit he received a mas sage by Teri f'or $35. Mr. Brown also identified the two women in court. Chief' Little said he had obtained copies of' creative Loaf'ing where the ads did appear on dif'f'erent occasiOI;ls with the telephone number, also being the same number Mr. Brown said he had called. Based upon the statements given by Mr. Brown aI;ld also Mr. cowart. the cases were made. Mr. Cowart was not avail testimony tonight, but also testif'ied in court that he saw the ad in Loaf'ing and called and made an appointment for August l6th. The charge $50 f'or one hour. He was given directions to the apartment and when he go was given a massage by Becky. He also testif'ied there was anotl1er f'emale in the unit; a large brunette. Chief' Little said he did not enter the house until af'ter tl1ese people had lef't. He went to the apartment accompanied by the def'endant' s attorney and booked the cases. Chief Little said he did check to be sure they had no permit or license in the City. Both cases were made the same day; after August 16th. Both witnesses said they went to 1102 Huntingto:n Trace Drive. One said he saw Ms. Jones at the house and another said he had seen her there on previous occasions. Jim Hawkins asked why they appealed the proof' that Ms. Jones operated a "business she nO lOnger operated a business. case. Mr. Gandy said there has been no o:n the two days in question and also said Rebecca Bridges testified and said she had been in Ms. Jones home o:n a number of' occasions but has never worked f'or her. She was at her home on August lOth and 16th but Ms. Jones did not have any men guests op either of' those dates. Ms. Bridges said she did :not knOW" Ms. Jones telephOne :number W"as being used to advertise mass had never observed Ms. JOnes giving massages. When asked about her own 0 n. Ms. Bridges said she was a ma:nagemeI;lt consultant. Jack Shinall asked if' performed a massage oI;l August loth, aI;ld the answer was yes. Jack she alSO perf'ormed a massage on August 16th, and the answer was . Ms. Jo:nes was not present when she performed either of' the d not recall her being in the house on either day. Ms. Bridges said she received the money for the massages on both days and did not i:nform Ms. Jones of her activities. Ms. Bridges s11e kept a key to her home because they are friends apd she visited f'requently; sometimes when Ms. Jones was not at home. Ms. Bridges said she had never received a call at Ms. JOnes home requesting a massage. and had never info MS. Jones of' her activities at all. Ms. Bridges said she did not talk to the op the phone and did not make the appointments; she did not know who talked to Mr. Brown was the received Brown was called and was sworn in by a copy of the made in court, and he he made under Mr. Brown said that on a massage from Becky. :identified her in the Council he received a from Teri, and also identified ::LQth. Teri came the room when "he was there with massage table set UP in one room and it looked like He made the appointment from a:(l ad he saw in creative he spoke to Teri, but he was :(lot sure. Mr. Brown said he paid cash on Whe:(l he ca::L::Led for the appointment he received directions to the house. Mr. that it ::L984. he On a Mr. Brown Becky. He said a legitimate and thOUght both v:Lsits. Gandy said Chief Little' s testimony regarding the August lOth he observed Ms. Jones enter her condominium. testimony as to introduced into court, and Mr. Brown also to the same thing. saw Ms. Jones on tha.t same day. He did not pay her money and she particiapte in any activities with him. As to the August::L6th testimony, Chief testif'ied that he not recall whether or not he had Ms. Jones or not . Mr. also stated in his affidavit that he did not seeMs. Jones O:(l that day Mr. Gandy said there has not been a single piece of evidence that she was in her COndominium that day. There of' further questiOnS, and Jim HaWkins then made a motion the decision Court be upheld. Jiln Tolleson seconded the motion which carr:ied 7-0. He was position because Wipkenhof'er was Mayor Bacon said that Theodol"e Farland had electon as the member to represent Fire and on September 2lst by letter that he was he is not a property owner, as required also notif'ied of' his disqualif'ication said he was not aware of' the ruling made in that provisions in mUnicipal charters to be "f'reeholders" are unenf'orceable and information. Mr. said that portion of our . and should be changed. as it will apply to anY city Jim by the the a motion that Mr. Farland a:(ld they are eligible and qualif'ied Board. in the October 5, 1984 carried 7-0. also Mr. candidates for election. James be notified position on seconded With nof'urther business. meeting adjour:(led at 6:55 p.m.