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April 1/15, 1985 Council Meeting April 1, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 1, 1985. 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 E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Fire Chief Larry Williams, PUblic Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Engineer Mike Hutchinson, Assistant City Clerk Melinda Dameron, Emergency Management Deputy Director Dick O'Hara, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the press. Invocation was given by Max Bacon, followed by the pledge to the flag. Joel Ha a resident of Green Forest Subdivision complained noise and disturbance d from dirt bike riders on private property and the Georgia Power easement near his home. Chief' Little said it' the property was properly posted they could make arrests, if the property owner was willing to testifY. Mayor Bacon said the City would do everything they could to help and appreciated Mr. Hannah coming tonight. Dean Byers requested a parade Cobb Center to Brinkley Park, the permit be approved. Kathy Byers also invited council to day ceremonies. permi t f'or Smyrna beginning at 11: 00 Brooks seconded the ride in the parade Little League on April 13th :from a.m. Jim HaWkins made a motion motion which carried 7-0. Mr. and participate in the opening Rezoning: George C. Walker requested rezoning ot' 1284 Sunset Avenue in Land Lot 521 from Limited Commercial to General Commercial. There was no opposition from the audience. Jack Cagle, appraiser and real estate broker represented Mr. Walker. Mr. Cagle said Mr. Walker is the owner ot' Smyrna Cleaners and Laundry presently located at the corner ot' Sunset and Atlanta Road. He has been at this location for 20 years but the building has been sold and Mr. Walker's lease is up in June. If the zoning is approved, Mr. Walker will construct a 40 x 85 building with an attractive decorative t'ront to relocate his business. Property to the west is currently zoned Neighborhood Shopping and the other side is zoned Limited Commercial. To the rear of' the property is the City of Smyrna parking area. James Williams asked Mr. Walker it' his plans had been reviewed and it' he would need any variances. Mr. Walker said the t'inal plans are subject to the engineer's approval, but as f'ar as they knew they would meet all requirements. Mayor Bacon read the minutes ot' the Planning and Zoning Board meeting where they recommended the zoning be approved. James Williams made a motion the property at 1284 Sunset Avenue be rezoned :I:'rom Limited Commercial to General Commercial. Max Bacon seconded the motion which carried 7-0. License: Charles J. Vrono requested a transfer ot' the beer and wine icense for Sizzler Restaurant, 2731 South Cobb Drive. There was no opposition the audience. Tim King, manager of the restaurant was also present and said has worked t'or Sizzler about 8 months at this location. Hugh Ragan asked Mr. how he would handle problems at the location shouJ.d they occur. Mr. King said if' someone comes in looks underage, they ask for an ID. The percentage 0:1:' alcohol saJ.es is about on weekends. and less during the week. Also, they seldom ever sell beer or wine without :I:'ood because 0:1:' the prices. Mr. King said since he has been there, they have had one incident involving alcohoJ. sales, and calJ.ed the poJ.ice. Chief' Little said he had no problem with the trans:1:'er of' the license and Bob Davis read a letter from the Lutheran Church located across the street stating they had no obj ections to the J.icense being issued. Mr. Vrono said he also understood that he would be fully responsibJ.e it' anything shouJ.d go wrong. Bob Davis made a motion the transfer he approved. Jim Hawkins seconded the motion which carried 7-0. Charter Amendment: Jack Shinall said this was a public hearing to consider an amendment to the Charter which has been on t'ile with the Clerk's office. The amend- ment de:fines the boundaries ot' the City by metes and bounds, eliminating the piecemeal descriptions. There were no or comments from the audience and Jack ShinaJ.l made a motion the Charter ended by deleting ArticJ.e II in its entirety and repJ.acing section 6(c) o:f Article III with a new section. James Williams seconded the motion which carried 7-0. Bonnelle C. Bowie into the City of property be annexed requested annexation of 3399 Pinetree Smyrna. There was no opposition. Max to become a part of' Ward 2, the legaJ. Drive in Bacon made description April 1, 1985 - Continued having be",n read and made a part of the March 4, 1985 minutes. Jack Shinall seconded the motion Which carried 7-0. Variance: Mary D. Latham requested a variance on the front yard setback for an addi tion to her porch at 2284 Old Spring Road. There was no opposition. Ms. Latham said she called the Inspections Department to ask if she would need a permit to enlarge her f'ront stoop and was told she would not. When they started work and put a roof over the porch the inspector came by and told them they would have to stop Scott Stokes said they were putting a roof' on the porch which connected to the house and it encroached into the f'ront yard setback. Max Bacon told Ms. Latham that her letter should have stated the hardship involved, which is now one of' the requirements. Jack Shinall said that basically the hardship requirement was directed more to new constructiO!l; mul ti-f'amily, commercial, etc. Kathy Brooks said the Latham' s were trying to improve their property and apparently there were some mist;lnderstandings between both parties. Jim Hawkins said they were now asking people to show proof' of' a hardship when asking f'or a variance and wou:Ld like f'or Ms. Latham to provide such a letter tomorrow to attach to her application. Hugh Ragan stated Ms. Latham did have letters :from two adjoining proper.ty owners stating they had no objection to the Kathy Brooks made a motion the variance be approved. Jack Shinal:L seconded the motion which carried 7-0. Variance: Jack N. Halpern request",d a variance to allow an additional building at South Cobb Plaza, 2552 South Cobb Drive. There was no opposition. Herb Singer was also present and stated he was one of' the principals involved in the business they were trying to locate there. Mr. Singer said that Section 507 of' our zoning ordinance allows only one building and its customary accessory bui:Ldings on any :Lot. Their plans were to build a drive-through hamburger kiosk in front 0:1:' the shopping center. There has been a f'oto-mat building in f'ront 0:1:' the shopping center f'or some time and f'el t the kiosk proposed could be viewed as a customary accessory building, allowable under Section 507. In addition, they were asking :I:'or a reduction on the f'ront setback from the 50 f'eet required to 20 f'eet and stated that the 50 f'oot setback could create a hardship in terms of' traff'ic :I:'low and f'or their customers. Fo:Llowing a lengthy discussion, Jack Shinall said he had serious questions about the variance, and especially the setback, and made a motion the request be tabled to the April 15th meeting. Bob Davis seconded the motiOn carried 7-0. Ermentrout requested a variance on f'ront and side setback Glen Apartments at 1978 Cobb Parkway. Colin Barker, and said that apparently their engineering f'irm had made pJ.aced the stakes. The two buildings in question are already did not discover the error until their f'inal survey was made said they a reduction in the side setback of building is adj the back parking lot 0:1:' an existing of'f'ice a reduction in the t'ront setback of' building #4 to 41. 63 rear of' Circuit City. There was some discussion about the provided with the application; i. e., letter explaining the hardship the two adjoining property owners. Mr. Ermentrout said that as af'ter visiting the:r:nsp",ctions Department, he had provided everything If' the variance was not approved it would be a severe hardship on them buildings are already constructed and they had their closing scheduled Max Bacon said he had some problems with approving the variance the letters :I:'rom the adjoining property owners and a letter explaining Af'ter further Bob Davis made a motion the variance be 15th. Max Bacon the motion which carried 7-0. Mr. Barker of the denial since they have their closing scheduled and stated it would place an extreme hardship on them to have to the ClOSing again. T. and far as required. since the in two Mayor called f:or a 5 minute recess. reconvened, made a motion the variance be approved that letters :I:'rom both adj oining property owners be provided defining the haPdShip, no later than 5: 00 p.m., April 2nd. of $500 f'or each building be assessed, totaling $1,000, also later than 5: 00 p.m. on April 2nd. Jim HaWkins seconded the motion 4-3, with James Williams, Kathy Brooks and Jack Shinall opposed. approval to Work longer hours at Mill Pond Village, due Mr. Jones said they are approximately 4 months behind schedule they be allowed to work until 10:00 p.m. They are probably 2,000 to 3,000 yards t'rom the nearest residence. Mr. Jones said if the police department did get any complaints they would be glad to stop work. Hugh Ragan made a motion the 'Work hours be extended t'rom 6: 00 a.m. to 8: 00 p.m. > Monday through Saturday, until September 1, 1985. Kathy Brooks seconded the motion which carried 7-0. Charles K. Morehead requested permission to work after 6: 00 p.m. and on Saturdays at Lakewood Ot'~ice Building at 1955 Lake Park Drive. Mr. Morehead said the construc- tion was noisy and ntly they have created some problems for residents in the area. They are schedule because ot' bad weather and a great deal ot' rock excavation they did not anticipate. These are commercial buildings that must have concrete slabs. The concrete is poured during normal hours but it has to be :I:'inished as it cures and dries. At times they may be t'inished at 8: 00 p .m. and other times it may be ll: 00 p.m. Mr. Morehead said they would like to have approximately 10 working days to pour concrete and be allowed to work late to ~inish. There were 5 res in opposition. Mr. Morehead said he would be willing to limit any type of heavy nt to reasonable hours and they should be t'inished wi th earth work, weather ting, in 2 to 3 weeks> which is now being done during regular work hours. only maChinery that would be used at night would be one piece o~ equipment to finish the concrete. Elaine Faith represented those opposed and said the noise had been constant Monday through Saturdays, and sometimes on Sunday. Mrs. Faith said she had small children that need their sleep at night and asked that they not be allowed to work after 8:00 p.m. In response to a question from Max Bacon, Mrs. Faith said they ~elt the hours of' 7:00 a.m. to 8:00 p.m. would be reasonable on Monday through Friday and on Saturdays, f'rom 9:00 a.m. to 6:00 p.m. John Jones with City Group said the 10 pouring'> days would not be consecutive. Mr. Jones suggested they be allowed to work until 8: 00 p.m. and f'rom 9: 00 to 6: 00 p.m. on Saturday, from now to September 1st. On the concrete :finishing days they would like to work until 10: 00 p.m. Mr. Jones said they could notif'y the residents 3 days in advance when they would be finishing concrete and the machines would be cut of'f at 10:00 p.m. Following a lengthy discussion, Bob Davis made a motion the hours be extended to allow work f'rom 7: 00 a.m. to 8: 00 p.m., Monday through Friday and :I:'rom 9: 00 a.m. to 6:00 p.m. on Saturday. In addition, that they be allowed 10 W'orking days to pour and finish concrete and on these days they be allowed to work until 10: 00 p.m. provided they notit'y the Inspections Department of the pouring days at least one day in advance. The permit will be in aff'ect until September 1, 1985, but will be reviewed in 2 weeks as it applies to the concrete pouring days. James Williams seconded the motion Which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: l) Sharon Baptist Church at 3405 South Cobb Drive requested a a new roof at a total estimated cost of $16,000. Jim Hawkins permit be approved SUbject to approval ot' the City Engineer Max Bacon seconded the motion which carried 7-0. permit to install made a motion the and Fire Marshal. 2) Trinity Baptist Church at 3133 Atlanta Road a one story addition at a total estimated cost ot' the permit be approved SUbject to approval of the James Williams seconded the motion which carried 7-0. requested a building permit f'or $75,000. Max Bacon made a motion City Engineer and Fire Marshal. 3) Brawners Hospital at 3180 Atlanta Road requested a building permit t'or construction of' a new building at a total estimated cost of' $420,000. 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 7-0. 4) Smyrna Concord Road the permit be James Williams Bank & Trust requested a building permit f'or new construction at 888 at a total estimated cost of $775,000. Kathy Brooks made a motion approved subject to approval of' the City Engineer and Fire Marshal. seconded the motion which carried 7-0. A roval of' be approved as s: Jim Hawkins made a motion the minutes of March 4th and 18th ubmitted. James Williams seconded the motion which carried 7-0. Max Bacon made a motion be approved for April 20th, the parade route f'or the Jonquil City Spring SUbject to approval of' Chief' Little. Jim Hawkins Festival seconded April 1, 1985 - Continued the which carried 7-0. Max a motion that Bank Street be closed on to 11: 00 t'or the Jonquil City Spring Festival arts Kathy Brooks seconded the motion Which carried 7-0. April 20th and crafts show 8: 30 a.m. and dance. Max made a motion that West Spring p.m. to 2~00 p.m. ~or the Jonqu~l City Ragan seconded the motion Which carried 7-0. Street Spring be closed April 20th from Festival ugly dog contest. 1:00 Hugh Bid Award: James Williams said that 3 bids were received on the t'irst phase or the sewer rehabilitation and they been reviewed by Welker & Associates. The low bidder on this proj ect is Construction at $940,750.50. James Williams made a motion the bid be Lovern Construction. Jim HaWkins seconded the motion which carried 7-0. Ja.ck Shinall said he was still gett:ing complaints about the sewer line put in at Stone Creek and Powder Springs Street and asked Jim Belk check into it. Request f'or Bids: Jim Hawkins made a motion bids be requested for bleachers and a new bridge at Cobb Park to be opened the next meeting. Jim said these are budgeted items. Max Bacon seconded the motion which carried 7-0. Attorney read the entire speed zone ordinance submitted approval. Max said he had not had time to completely review pertaining to the streets in his ward and would like to review it be:l:'ore approving. Chiet' Little said that any deletions or changes w.ould make those streets ineligible :I:'or radar use. Arter discussion, made a motion the ord:inance be tabled to the next meeting. Jim Hawkins motion which carried 7-0. Max Bacon sa:id that David May with Audio-Tech was here would notice the big improvement in the sound system. special election tomorrow on the 1% sales tax. tonight Max also (Parks) are Reavis said King f'or booth arted today. Springs requests Pool f'or would open April 15th; the Spring Festival and also, they swim lesson said the Finance Committee is still working on budgets position. Little League parade and opening day meet on April 13th; King Springs Pool 15th. ceremonies April 13th; all-comers opens April 15th; next council With no f'urther business, meeting adjourned at 9:42 p.m. ************************ meeting of' meeting was T. Bacon. was City Little, Fire Recreat:ion Management Mike Hutchinson, and Council was held 15, 1985 at to order at 7: 30 o' clock by presiding members were eJCcept :for Hugh E. Camp, City Clerk Willouise Spivey, Williams, PUblic Works Director Vic Sherry Reavis, Clerk Melinda Farley, Building Scott stokes, Doris Morris and representatives of given by Jim Hawki:l)$, by the pledge to the flag. There with Kathy Barton weekend 20 di:t':j;'erent council and Rape invited everyone the Jonquil with Keep America Beauti:t'ul Week. this weekend including a wo:manless wedding participating. invited members celebrate the Mens Club, on Saturday, to attend a Rose the :first phase of' 27th from 1:00 to 3:00 p.m. neighborhood park sponsored by the Max this the 6-0. Bacon made a motion the City Attorney be authorized to contact NIMLO regarding problem with a report back at the first meeting in May, if possible, with cost not to exceed $500. James Williams seconded the motion which carried Validation of' Signatures: E. C. Rackley as rollows: Attorney Camp read an application for annexation by We the undersigned, who constitute sixty percent (60%) or the electors resident in the area described below and who constitute sixty percent (60%) of' the owners 0:1;' the land area by acreage of the area described below, which is unincorporated and contiguous to the City 0:1:' Smyrna, hereby apply to have said area annexed into the City 0:1:' Smyrna und ons 0:1;' the Code of Georgia Annotated, Sections 69-904 through 69-912 ( Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 444 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin at the southwesterlY intersection of Daniel Drive and Atlanta Road (SR 3) running southerly along the westerly right of way oj:' Atlanta Road, south 28 degrees II minutes 37 seconds east a distance of' 480.23 feet to an iron pin set; thence north 88 degrees 07 minutes 01 seconds west a distance 0:1:' 519.24 feet to an iron pin :I:'ound; thence north 01 degrees 51 minutes 57 seconds east a distance of 220.00 feet to an iron pin set at the south right 0:1:' way line of Daniel Drive; thence north 04 degrees 32 minutes 55 seconds east a distance of 17.56 reet; thence north 12 degrees 39 minutes 39 seconds east a distance of 102.21 feet; thence north 27 degrees 33 minutes 23 seconds east a distance of 40.55 feet; thence north 69 degrees 13 minutes 27 secondS east a distance 0;1;' 40.40 ;l;'eet; thence grees 45 minutes 00 seconds east a distance of 205.45 feet to the s intersection of Daniel Drive and Atlanta Road and the point of B 3.63 acres as shown on plat of' survey prepared by Douglas R. Middleton, Land Surveyor, dated 6-18-73. Also, all that tract or cel of land lying and District, 2nd Secti Cobb County, Georgia, more particularly described as f'ollows: being known in as Land Lot 444 Atlanta Road oj:' (SR the 3) , BEGINNING at the center of Daniel Drive, said 30 feet on either s or 480.23 feet to the line or Atlanta Road (SR 3) at the south intersection being a strip 0:1:' roadway 60 :I:'eet in width, lying center line; running thence southeasterly a distance ity limits. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature or 60% of' the electors resident in the area described below: s/E. C. RACKLEY, MARY BENNETT, MARK R. RACKLEY, SCOTT C. RACKLEY Witness the signature of his legal representative, s/E. C. RACKLEY the of record 60% of title holders the land area 0:1:' the above f'ee simple title, or described by acreage: Kathy Brooks made a motion the signatures be validated and the public hearing set for May 6, 1985. Max Bacon seconded the motion which carried 6-0. Vali e. J. res: Attorney Camp read an application for annexation by :I:'ollows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) or the owners of the land area by acreage of' the area described below, which is unincorporated and contiguous to the City hereby apply to have said area annexed into the C:ity oj;' Smyrna under the s of the Code of Georgia Annotated, Sections 4 through 69-912 (Georgia Laws, Acts 1966, Pages 409,410,411, 4l2, 413; , 399; 1976, Pages lOll, 1012, said property to be annexed being described as rollows, to wit: TRACT A: the 17th All that tract or parcel District, 2nd Section, Cobb 0:1:' land County, :lying and being in Land Georgia, and being more Lot 333 of particularly April 15, 1985 - Continued described as follows: BEGINNING an iron pin located the intersection of the northerly right of' way of' the Seaboard Airline Railroad (which right of' way is 120 f'eet at this point) wi th the easterly right of' way of' Cooper Lake Road (which right of way is 50 feet at this point); thence north 07 degrees 34 minutes east along the easter:ty right of' way o:f North Cooper Lake Road a distance :t35. 9 f'eet to an iron thence running north degrees 50 minutes 30 seconds east a distance o:f 601.0 to an iron pin on the east land lot line of Land Lot 333; thence south 01 degrees minutes east along the east land lot line of' Land a distance of 76.6 to an iron pin located on the : northerly right of' way of the Seaboard Airline Railroad (which right of' way is 120 :feet at this point); running south 84 degr'l'?es 29 minutes 30 seconds west alOng the northerly right of' way of' the Seaboard Railroad a distance of' 624. Of'eet to an iron pin and of' beginning. Said tract containing 1.48 acres and designated as Tract 6B as per plat o:f survey f'or Cousins Properties Incorporated by Watts & Browning, Engineers, dated October 15, 1970, revised November 6, 1970, and revised December 7, 1970. thence of' Land to 30 f'eet Airline a at' All that tract or parcl'?:t District, 2nd Section, Cobb f'ollows: an iron pin at the common to Land Lot 334, 333, 387 and 388, :. south 89 degrees minutes east along the north land lot line a distance .7 f'eet to an iron pin at the corner common 387, 388, 406 thence running south 01 degrees 41 minutes along the east lot line ot' Land Lot 388 a distance ot' 644.1 iron pin located on the northeasterly right oj;' way of the Seaboard (which right of w.ay is 220 feet at this point); thence running along the northeasterlY right o:f way o:f the Seaboard Airline Railroad 403.9 f'eet (the chord oj;~ which is 401.52 f'eet on a magnetic bearing 39 minutes 30 seconds west) to an iron pin; thence running northerly right of' way of' Seaboard Airline Railroad a distance chord of which is 281.21 t'eet on a magnetic bearing o:f south mi'l'lutes west) to pin; thence running south 84 degrees 29 west along northerly right of' way oj;' the Seaboard Airline distance of' 640.2 iron pin located on the west land lot Lot 388; thence 01 degrees 41 minutes west along the of' Land Lot distance ot' 630.2 t'eet to an iron pin and Said tract 17.56 acres and designated as Tract o:f survey f'or Cousins Properties Incorporated by Watts & Browning, October 15, 1970, revised November 6, 1970, and revised December of' land County, lying and Georgia, being in and being Land Lot 388 of' particularly TRACT B: the 17th described more line west point 7 as Engineers, 7, 1970. the that tract or parcel 2nd Section, Cobb of land County, lying and Georgia, being in and being Land more Lot 405 of' particularly a east a o:f way of' thence right pin; Seaboard feet on a and point 16 as Engineer'S, 7, 1970. at an iron pin located at the intersection of' the west land lot line with the northeasterly right of' way of' the Seaboard Airline Railroad of' way is 220 :feet at this point); thence running north 01 degrees seconds west along the west land lot line of' Land Lot 405 a distance to an iron pin; thence running south 89 degrees minutes east 401.9 feet to an thence running south 00 44 minutes ot' 840.6 j;~eet iron pin located on the right Seaboard Airline Railroad (which right ot' way is 220 t~eet at this point); north 52 degrees 50 minutes 30 seconds west along the northeasterly of the Seaboard Airline Railroad a distance at' 237.4 feet to an iron running northwesterly along the northeasterly right of' way of' the Railroad a distance of 240.7 :feet (the chord ot' which is 240.19 magnetic bearing of 59 degrees 19 minutes west) to an iron pin of beginning. Saidconta::Lning 6.35 acres and designated as Tract plat of' survey f'or Properties Incorporated by Watts & Browning, da.ted October 15, revised November 6, 1970, and revised December TRACT D: the 17th described tract or parcel Section, Cobb of land County, lying and being in Land Georgia, and being more Lot 387 of particularly Business License: Ennis M. Mallett requested a business license for Golden Needle Tattoo at 560 Cherokee Road. Mr. Mallett was not present and Police Chief Little said he had advised Mr. Mallett' s attorney today that the investigatio!,l was not complete and it would not be necessary for him to attend tonight. Kathy Brooks made a motion the application be tabled to the next meeting. Max Bacon seconded the motion which carried 6-0. Mayor Bacon said that Hugh Ragan was out of town on business this week. Residential Business License: Barry Sharp requested a residential business license :for Sharp Transfer, 2556 Cotton Street. Mr. Sharp said he was the owner/operator of the truck used for his business and would use his home only ror paperwork. Mr. Sharp said he needs se because he hires people to work :l"or him at his two accounts in Jon Fulton Industrial Boulevard but these people would not be working at his home. Bob Davis asked Mr. Sharp i:l" he was j;'amiliar with the home occupation ordinance and he stated that he was. Bob Davis asked what kind of' vehicle would be parked at his home. Mr. Sharp said he had a Volvo singleaxle truck which to a regular size parking space, and also a 1979 Grand Prix. He h :from the apartment owners and always parked the tractor in a space him by the complex. Jim Hawkins told Mr. Sharp that he was not in vio of any law by doing paperwork in his home and could not understand why he needed the license. Mr. Sharp said the license would make his business easier because of occasional claims he has to handle and for tax reasons. Aj;'ter t'urther discussion, Bob Davis made a motion the license be approved, seconded by James Williams. Jim HawkinS said he would vote against the motion because he did not believe Mr. Sharp needed the license. Vote on the motion carried 5-1, with Jim Hawkins opposed. Variance: Jack N. Halpern requested a variance to allow more than one building per lot and reduce the front setback t'or a hamburger kiosk at South Cobb Plaza. Jack Shinall said since this was tabled at the last meeting they had done a lot of work and j;'ound kiosks in every shopping center. Mike Hutchinson said he had contacted Cobb County about their requirements and they allow the kiosks and have no restrictions such He also had information from Clayton County that basically said the same Mr. Halpern said they would like to withdraw the request to reduce the setback. There was no opposition and Jack Shinall made a motion the granted with the stipulation that Mike Hutchinson review the parking re there is adequate parking and that the trat'j;'ic flow would not be imped Hawkins said we should get the zoning board to study this and possi our ordinance to conform with the county's. Jim Hawkins seconded the m carried 6-0. Alan R. Bellsouth Mobility, Inc. requested a variance on 500 j;'oot setback I' and also to raise the height of their tower on Corn Road from 80 :feet j;'eet. Bob Davis said he received a letter from Mr. Perry requesting that t tabled to the May 6th meeting because he had not been able to obtain approval :from the adjOining property owners. Bob Davis made a motion the variance be tabled to May 6, 1985. James Williams seconded the motion which carried 6-0. David E. Barnett requested a variance on the rear yard setback for an to his home at 2734 Parkwood Road. There was no oppositon. Mr. Barnett was present and said he would like permission to build a den onto the rear of his home. Jack Shinall this was a unique situation because this house was built on the very back f the property, making it almost impossibJ.e to add onto without a variance. Jack said Mr. Barnett had letters from the adjoining neighb they had no objections and he also had personally talked to the area. Jack Shinall made a motion the variance be approved. the motion which carried 6-0. rcial Buildin Pe cott Stokes and recorded Commercial building permits were presented by Inspector follows: 1) Carlson Georgia 1955 Lake Park Drive motion the permit be Marshal. James Williams Corporation requested a building permit for tenant space at at a total estimated cost of $150,000. Jim Hawkins made a approved subj ect to approval o:l" the City Engineer and Fire seconded the motion which carried 6-0. 2) A-B Dick requested a building permit for tenant space at at a total estimated cost of $450,000. Jim Hawkins made a approved SUbject to ap City Engineer and Fire seco!,lded the motion whic 4300 Highlands Parkway motion the permit be Marshal. Jack Shinall 3) 3mYTUa Hospital, 3949 South addition to the building at a a motion the permit be approved Marshal. James Williams seconded the Drive requested a building permit for an estimated cost of $60,000. Max Bacon made to approval of the City Engineer and Fire motion which carried 6-0. Ordinance Amendment: wine license is not proposed amendments: Bob Davis enough to said cover our the advertising f'ees for liquor, newspaper cost and read the beer and following That Section 3-14(d) be deleted in its entirety and replaced with the following: Sect. 3-l4. Filing original application; form; contents--Spirituous liquors. (d) Upon :J;'iling of the application for a spirituous liquor license with the license department, the City shall require the applicant to deposit a PTocessing fee as directed by the governing body to cover the expense of advertising, investigation and processing of' the application and said f'ee is not refundable. That Section 3-15(c) be deleted in its entirety and replaced with the following: Sect. 3-l5. Same--Malt and vinous beverages. (c) Appli<;ant :for a malt beverage or..wine license shall deposit a f'ee as directed by the governing body to cover advertisement costs. Attorney a Mr. suggested the word ordinance amendments Camp. Jack Shinall seconded the be changed to approved with the which carried 6-0. "pay. " Bob Davis made one change suggested by Bob Davis made a motion the application and beer and wine application fees at which carried 6-0. t'ee $100 t'or liquor each. Max licenses be set at Bacon seconded the $200, motion Bids f'or bleachers and a bridge for Cobb Park were opened, read as follows: Leisure Lines $3,176 Bleachers $3,497 Bridge Stadiums Unlimited $2,542 Bleachers No bid on bridge Hunter-Knepshield $2,440 Bleachers $ 4,287 Bridge Dominica Recreation $3,620 Bleachers $2,937 Bridge Jim a motion the bids their back to council the motion which carried 6-0. be at turned over to the the next meeting. Parks Committee with Jack Shinall seconded Only one bid and recorded as was received follows: for the workmans compensation and it was Northwest Insurance Agency $107,221 Jim HaWkins made a recommendation carried 6-0. a motion back at the the bid next be turned meeting. over Max to the Insurance Committee Bacon seconded the motion with which Speed Zone Ordinance: Jim Hawkins made a motion the speed zone ordinance be approved as originally submitted to the State. James Williams seconded the motion which carried 6-0. Max Bacon said t'or several months he has had an on-going problem with the Seaboard Railroad passing track constructed behind Argyle Estates and as of today, the problem is worse than ever. The track is at Ann Road, and the railroad is using it :for an extra yard with engines Tunning constantly. Max Bacon made a motion the City Attorney be authorized contact the National Institute of Municipal Law (NIMLO) and the available to them in a solution to problem. Max said he not think this was an isolated case and this organization reviews ordinances and problems from allover the country. April 15, 1985 - Continued BEGINNING at an iron pin set at the corner common to Land Lots 334, 387, 333 and 388, thence running north 00 degrees 22 minutes west along the west land lot line of' Land Lot 387 a distance of 435.3 feet to an iron pin f'ound at the north right of' way of' Nowlin Drive; thence continuing along the west land lot line of Land Lot 387 a distance of 223.7 f'eet to an iron pin f'ound; thence running south 89 degrees 52 minutes east a distance of 530.0 f'eet to an iron pin set; thence running south 00 degrees 12 minutes east a distance of 657.4 f'eet to an iron pin found at the nd lot line of Land Lot 387; thence running south 89 degrees 41 minutes w ong the south land lot line of' Land Lot 387 a distance of' 530.0 feet to an iron pin at the point of beginning. Said tract containing 8.0 acres as per plat of survey for C. J. & Betty Fouts by A. O. Carlile, Registered Land Surveyor, dated March 30, 1971. WHEREFORE, THE UNDERSIGNED SAID APPLICATION FOR ANNEXATION TO SET THEIR HANDS AND SEALS, AND THEREBY MAKE THE CITY OF' SMYRNA. Witness the signature of 60% of' the electors resident in the area described below: siC. J. FOUTS & BETTY FOUTS Witness the signature of' his legal representative, siC. J. FOUTS & BETTY FOUTS of the above fee simple title, or described by acreage: the of' record 60% of ti tIe holders the land area Max Bacon made for May 6, 1985. a motion the signatures be validated and the public James Williams seconded the motion which carried 6-0. set hearing Committee Reports: (Inspections) Kathy Brooks said that Mike Hutchinson was working on some changes in the ordinance and procedures that would soon be presented f'or adoption. Kathy Brooks said she had a report last Saturday that the on Cherokee at Old Spring was testing an orange colored speed on Burbank Drive and asked Chief' Little to look into it. auto paint store a high rate of custom car at the Finance Committee has narrowed the applications to 16 and they hoped to begin interviewing no later the budgets have gone back to the Department Heads of the committee chairmen and members to work with down to a realistic figure that we can live with. (Finance) Jack Shinall said for City Administrator down than April 29th. Jack said and asked the cooperation them in getting the budgets that the City of property by the was not good for Marietta felt legiSlature. our cities they had been hurt by the Jack said the precedent but congratulated them on recent set by taking Jack Shinall said de-annexation of' the legislature some action. (Parks) Sherry Reavis said the Parks and Recreation offices have moved to the gray house at the corner of' King and Bank. Sherry reported on the upcoming Spring Festival with activities including live entertainment, barbecue, craf't fair booths and softball tournaments. Also, King Spring Pool opened tonight and registration for swim classes has begun. Jim Hawkins read a letter addressed to the Mayor and Council from the Pony League, inviting them to their opening day ceremonies April 20th at Cobb Park. Max Bacon said a drainage pipe on Walker Court at Spring Street needs replacing and has been approved under the CDBG grant. However, if' the work is not completed soon we may lose the funds appropriated f'or this proj ect. Max said the material for the job was on hand but would like to bid the installation due to manpower shortage in the Public tment. Max made a motion the rules be suspended. Jim Hawkins seconded the motion which carried 6-0. Max Bacon made a motion proposals be accepted for the installation of the pipe, to be returned at the May 6th meeting. James Williams seconded the motion which carried 6-0. Max Bacon said that Mary Ann Lasseter, Coordinator f'or the Clean City Committee just had her first baby and wished her well. Jack Shinall asked Vie Broyles about the last paving done under the LARP program and stated they had not done a very good job. Vie said the City does not have much control over that; the paving and inspection is handled through the State. Vie said he could contact the inspectors to see when they could be back to finish up. April 15, 1985 - Continued (Library) Doris Morris said this was National Library Week through April 20th and asked everyone to visit the library. Bob Davis said the permit to Lake Park Drive has worked out with the homeowners in the area. work well longer and the hours for developers the have office really qevelopment on worked together Announcements: King Springs Pool Jonquil City Spring Festival April 20th; next council meeting May 6th. opens today; Jonquil 19th through 21st; Cobb Breakfast April Park opening day 17th; April With no further business, meeting adjourned at 8:44 p.m. / ARTHUR T. BACON, MAYOR ~ij..