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December 6/20, 1982 Council Meeting December 6, 1982 ting of Mayor and Council was held pursuant to the Charter City Hall. The meeting was called to order by presiding Arthur T. Bacon. All Council members were present. Also present was Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, ief Hubert Cochran, Building Inspector Larry Dunn, Parks and Recreation ry Reavis, Librarian Doris Morris, Parks Superintendent Bruce Bates, Director Jim Farley, and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. or Bacon stated that Mr. Bill Askea had been detained and his request ld be heard later during the meeting. ted rezoning of property at 3573 South Cobb Drive mercial for an automobile upholstery shop. e in opposition. Mr. Carlisle, real estate the opposition were sworn in by Attorney Camp. s rezoned he would build a concrete block garage ess, and would like to live in the existing house. ing request had been withdrawn. Mayor Bacon said Lusk, representing Mr. Carlisle asking that the but Mr. Carl isle called today and requesting im Hawkins said that the minimum lot size for square feet and asked Mr. Carl isle why council he did not meet the requirements. Also, the ously denied the zoning due to the variances Jerrie Lusk said she was a resident of this business such as this in her area. Mr. Carlisle conducted after 10:00 p.m. and she felt it A representative for the opposition said he any type business and would not want the property s commercial, and presented a petition from the ition. Mayor Bacon read the recommendation of it was denied due to the excessive variances ion the rezoning be denied due to the reasons Board. Jim Tolleson seconded the motion. Jack motion because he felt council had been granting motion carried 7-0. the motion which zoning of property at 2960 South Cobb Drive from try. There was no opposition. Mr. Askea said iness from Ventura Road to this location, and pace. Mr. Askea said he requested the Light would be parked outside, and he may have conduit Shinall asked Mr. Askea if he would take care to the fact the property is so near the flood The property abuts mini-warehouses on one side, Askea said his property is 510 feet from South frontage, but it would probably be developed at a recommendation from the Planning and Zoning al of the zoning. Jack Shinall said there were this request which should be worked ,out first, and inued to the next meeting. Jim Hawkins seconded 7-0 vote. a variance to build a garage within 5 feet of home at 381 Hickory Acres Drive. Mrs. Daniel's hey purchased the property there was a one-car would like to extend it for double car parking. he adjoining property owner, Gary Reese, stating motion the variance be approved. Max Bacon seconded the 7-0. a variance on height restrictions for an 808 Timberland Street. ,~here were two people said the tower had be~n in place for 35 feet. About a year ago they 'extended the was a city ordinance limiting the height. is hearing could be tabled to allow him time rning a problem they are having with inter- contacted by the original person making with him, and is trying to work out the bors are having. Jack Shinall made a motion meeting in January. James Williams seconded December 6, 1982 - Continued Commercial bui lding permits recommendat i on, the fo II ow i ng Inspector Larry Dunn andl.,/pon his on , at be approved the motion car a permit to $lOO,OOO. Max of the City Engineer and story a Fire requested a permit to bui Id a mobi le automatic teller Center on South Cobb Drive at a total estimated cost of a motion the permit be approved subject to approval of Fire Marshal. Elbert Coalson seconded the motion which LaFiesta Restaurant requested a liquor, beer and wine pouring Cobb Drive. There WqS no opposition. Jack Shinqll read Little stating his investigation did not reveqlany factors wouldprohibitissUqnce of the license. Attorney Frank Gore, Carlos Hernqndez"owner were present. Elbert Cqalson said the license/being issued if the restaurant was operated he had received many complaints about the previouspusiness at Mr. Coalson asked ,Mr. Hernandez if he would have security guards. had not anticipateg using security, and did not thInk our it. Mr. Hernange;z>sajg his family owned three oth~rrestaurants problems becquseJ:hey are fami ly-type restaurants. The about one-half the size it is now to expand the dining area t is to serve food. Mr. Mi lls wi 11 work in the restaurant agent to hold the pouring license. After further discussion, a motion the lIcense be approved. Jack Shinall seconded the ci"lrried by a 7-0 vote. Davis requested a residential business 970 Cherokee Road, 2-C. Mr. Davis moiton the request be tabled to the motion which carried by a 7-0 vote. three (3) pursuit vehicles were opened, read and (EACH) LARGE SIZE (EACH) M Ni"lll~y Chevrolet Day's Chev ro 1 et Wade Ford $' 9, 808:. 88 $lO,6l2.96 $ 8,940.00 $ 9,657.34 $lO,228.S8 No Bid (90 di"lY s m in. ) (60/90 days) (60/90 days) a motion thebldsbe turned over to the Publ recommendation back to full council at the the motion which carried 7-0. ing. Bi laSting and and recorded of Church Street and Jonquil Pools were JONQUIL PARK CHURCH STREET Poql P 1 as ter ing Ti 1 ing Rep 1 aS,te ring $l.700.00 $1,275.00 9,922.00 6,966.00 Total... ..$l9.863.00 Park Ind. Welding, lasting $l4,795.00 (both pools) H. Contracting Sandb 1 as t i ng $ 7,8l7.00 (both Will is & W il ey Eng i nee rs , ?andblasting Plaster & Tile Work $10,500.00 (bothpooTs) $l7,800.00 over to the Parks Committee for the next meeting. Jack Shinall a motion , to be be requested for an air compr~ss.or for the next meeting. Jim Hawkins seconded the motion - Continued said the Privilege License Committee had met concerning the special liquor sales and recommended a $1,000 fee for liquor, beer and and $500 for beer and wine sales only. Jack made a motion these approved for 1983. Elbert Coalson seconded the motion which carried 7-0. which were after rates are still lowe be approved as submit motion which carried 7-0. Max Bacon said the Business License Committee sion of the fee schedule for business licenses, ears. In addition, several new classifications ted using the gross receipts taxation but aring it with Cobb County and Marietta, our made a motion the business license fee schedule ve January l, 1983. Jack Shinall seconded the a motion that Section 402.25 of the zoning definition of "Fami ly" from one or more ted ersons occupying a dwelling unit and t, to three or less unrelated persons. Jack carried 7-0. Max said we are having a problem rty in residential neighborhoods and this was the made a motion that Section 709.7 of the zoning , upon the recommendation of the Planning and n for office supply establishments is also con- classification. Jim Hawkins seconded the motion Max Bacon made a motion that Section 6-95 of the Code of in its entirety and replaced with the following: shall be twenty-five ($25.00) dollars for each 1 sign. Permits shall be limited to a ninety it, and shall be renewable only after the r days from the last day of the ninety day other sign permit is pending or granted within f the subject permit location, and after payment ion requirements required hereunder as for a new Jim Tolleson which carried by a 7-0 vote. Ord i nance the Water for new water, as follows: said that after quite a bit of discussion with k, it was decided to go back to the deposit system itation customers and read the proposed amendment Section 22-4.1. of Smyrna shall to require an adv or corporations r the City of Smyrn until the advance Service. The water department of the City of passage of this ordinance have authority from all individuals, partnerships, firms er, sewerage and sanitation service from y shall not be obligated to furnish service been received in its entirety. A deposit will not amounts wi II be the balance w be paid for preceding J annually by th during January d until the account is final billed. Deposit monies due on the date of the final bill, and to customer as a credit refund. Interest will or a period of twelve (l2) months or more each year. The rate of interest will be approved Interest paid will be applied to each account date of each year. A deposit may be ired at the time water service is restored for all customers whose s ce was disconnected for nonpayment, and who do not have a current deposit amount on record. partnership, firm or corporation has failed the furnishing of water, sewer and sanitation tment of the City of Smyrna may, when such in arrears, cut off said utilities and not until the charges have been paid in their December 6, 1982 - Continued <;:orporation who shall turn 01'1, or after the same has been terminated <;:onviction, be fined not to exceed $300.00. deposits for-wqter, sewer and sanitation service<and as prescribed herein shall be on file with the office of the Jim read the recommended fees. for depos i ts as fo II ows : WATER SEWER SANITATION All residential customers Commercial customers 3/4" meters $25.00 50.00 $25.00 50.00 $ 10.00 50.00 100.00 - 200.00 - 200.00 - 6 Yd. 200.00 - 8 Yd. t. t. Cont. Cont. Apartments (per unit): 3.00 3.00 service charge: i al $ 1 5 . 00 al $25.00 on deposits will annually at a rate of 1%. ion from Jack ?hTnqll, Jim said the property owners will for any unpaId bills. Jim Tolleson made a motion the amend- fees be apprQved. Sarah Jones seconded the motion which vote. motion the 1983 Geqrgia Municipal Association gues in the be approved for pqyment. Jack Shinall seconded the motion Max Bacon reqc;lqrequest from Herbert lee and Rqbert Fox, owners on Ann RQqQ requesting that the abandoned right of end of Ann ROqdbe conveyed to them. Also, a request by L. Ri dderthi3t theqbandoned right of wayattl1e south end conveyed to them. Max made a motion the property be deeded propert.Y9\i\!n8'rS to share the cost of legal fees involved. the mot i on wh i ch Cq rri ed by a 7-0 vote. the Department of Transportation had approved traffic signal- Road at Bell Drive qnd read a letter from Ken MinChew, developer ing installation of the light. Mr. Minchew stated funds avai lablethroughSouth Downs, Inc., as sool'1iasthey were would 98'iashor-t cycle I ight and would 1 ike<to have it tmas. JackShinqll said he did not think the Jlght would on. AlSQ,theqriginal letter from the Sti3te recommended between Aftonpowl1s and Fall ing Waters which would be an of correct ingtl1etraffic problem on Bell Drive. Following Tolleson made amotion the light be approved. JamesWi1liams which carried 5-2, with Max Ba<;:on and Jack Shinqllopposed. 1 i ams made a mot i on the second meet i ng of January be changed to Tuesday, due to the Mayor'sDay meeting in Atlanta on January 16th and 17th. seconded the motion which ci3rried 7-0. a motion the seconded the to show Jim Farley, seconded theamel1dment. Elbert Coalson abstaining. of Novembe r l, 1982 be Williams amended the mot Director, as be ing on the amendment and main submitted. correct ceo carried the minutes qf Novembe r 15, was also an ~rror in the streets. Th~mrnl.1tes stated closed and it sh ld h From Beech Va 11 Ol.l.i aYe been ey Dr J Ve. After December 6 82 - Cont i nued Attorney Camp said if the street closing was improperly posted, to readvertlse and repost the street at the proper place. Jim a motion the minutes of November 15th be approved with the exception of Beec lley Drive at the northwest end. Jack Shinall seconded ch carri 7-0. Sarah really peration of Chief Little said with the increased traffic at the Crossings problem when cars parked in the fire lanes, e shopping there to not park in these lanes. to see that this is strictly enforced. ah Jones said the Park Rangers would be redirecting traffic on Memorial e tree lighting on Atlanta Road from 8:00 to 8:15 p.m. on r 9th, and Sherry nvited everyone to attend. (Lib perf Doris Morris said that December 22nd, puppeteer Tommy White would be g at the Library at 1:30 p.m. Jim Hawkins thought cars in than issue said he a policemen fire lanes a ticket. no parking should be allowed in fire lanes, but re considerate for people sitting in their o pick someone up, and ask them to move rather (License and Permits) Max Bacon said the game room ordinance would be ready for approval at the next meeting and thanked everyone in the License and Permit office for the good job they had done in revi,sing the business license fee schedule. (Water) Jim Tolleson read a letter from Lincoln Properties commending Tom Collier of the Water ent for the good job he did in handling an emergency situation over the iving holidays. Jim Hawkins made a on the floor. Max rules be suspended to allow him to place a motion ded the motion which carried 7-0. n, 66 bid be paid from the Conti by a 7-0 vote. had been requested for reroofing of City Hall and the id submitted was from Better Industries, Inc. Their and $lO,942 for the Police Station. Jim made a ce the roofs are badly in need of repair, to be Jack Shinall seconded the motion which carried cements: Fes sic and Tree Lighting on December 9th; Jonquil kfast sponsored of Smyrna on December l5th; C.M.A. Christmas meeting on December 15th; next council meeting December 20th. With no further business, meeting adjourned at 9:02 p.m. ************************ December 20, 1982 The regular scheduled Smyrna City Hall. officer Mayor Ar was City Attorne . tle, Acting Fi and Recreat i on arian Monika Myer press. of Mayor and Council was held December 20, 1982 at was called to order at 7:30 o'clock p.m. by presiding All Council members were present. Also present , City Clerk Willouise Spivey, Police Chief R. E. rt Cochran, Assistant Public Works Director Vic Broyles, Sherry Reavis, Building Inspector Larry Dunn, Assistant Defense Director Jim Farley and representatives of the Invocation was Hawkins, followed by the pledge to the flag. a vending machine company owner stated he felt postage stamp vending machines was excessive and be set. His sales for one machine in 1982 was inventoried, and said our new fees would probably ess in the City. Mr. Rosenfelt said in many areas per machine and in some states they have waived the he has about eleven machines in the City. Mayor Bacon meet with the Business License Committee since they December 20. 1982 - Continued Annexation: James Williams made a Land Lot;>633, owned by Je rry D. par1:of Ward 3. Max Bacon thqt property on MatthewsS1:reet in be annexed into the City to become a motion which carried 7-0. James Wi II i ams in Land Lo.t 633 Tolleson seconded that the Earl M. into the City to become which carried 7-0. on of property at 2960 South ive from Jack Shinall said this was tabled at the ing several problems with AttQrney Camp, be changed from Office Distribution to intervening Commerclglwlth the understanding that be appl icanttqqllQw storage of wi re reels so they are on South Cobb Orive, and qlso to allow Mr. reels.9nQQther mq}Trifl ,that ,,;,,1] 1 r1:y line. Jim Tolleson seconded the motion clarification of the; change in the classificat intervening classiflcgtiQn between Office Distri Camp said councllcQuld drop a zoning classifi Shinall said1:heproperty to the rear of Mr. non-buildable. Vote on the motion to. grant the is requested a residential permit for Road. 2-C. Mr. Oavis Wqs not present. ed at the last meeting becql!se Mr. Davis present tonight, made a motion the request like the idea of a business being conducted seconded the motion to deny, which carried committee had been working on a game room ng several changes, was ready for Attorney Camp explained the intent ordinance be adopted. with changes as ). Jack Shinall seconded the motion Jack in confl a motion that entirety. Max there were two sections Personnel Rules and dealing with accumul seconded the motion which Code of Hand- leave be 7-0. Jack with Bacon of the Code of Ordinances deal ing ice be deleted in its entirety. Max 7-0. Bid Opening: Bids for an ai r were opened, read and recorded as follo.ws: "E" Equipment Co. - Total B - compressor - Hacker GVRl51Y A I te rnate: Yamamoto YURD - $1,250 R.S. Armstrong & Bro. compressor air tools - Over-Lowe Model VRA-65 Rqm turned over to the Street seconded the motion. since this equipmen~ is withdrawn. Elbert inall seconded the motion 7-0. James Wi sin ce the price is mot to Wade the that Wade Ford Was opened the State compared toWClde vehi bles under the cars, to be paid to honor the warranty ed 7-0. .48. 1982 - Continued said the Parks Committee had reviewed all bids for repairs to Church onquil Pools and the low bid for the sandblasting was from R & H at $7,81 The low bid for replastering, tile work and coping was from Willis & Wiley a l,180, for a total of $Z8,997 for both pools. Sarah made a motion these bids be awarded, seconded by Max Bacon. These repairs will be paid f rom the ba 1 ance of the Revenue Shar i ng funds allot ted to Pa rks, a 11 but $700 of their money designated for repairs, and the remainder from the General Fund. Vote on the motion carried 7-0. Sar Jones said the general liability and property casualty insurance had en ed and t recommended the Fowler Agency be awarded the contract. proposal on old evaluations and new evaluations will have to be made. Sarah said the Fowler Agency has provided fine service in the past ill be able to do the new evaluations. Sarah made a motion the insurance be to Fowler on seconded the motion. Jack Shinall asked if there would be a 1 in the proposal after the new evaluations were done, and if the addi ould have to be approved by counci L Jack said he would like to the agreement that if the cost of the evaluation exceeded ZO% of their additional money would require council approval. Vote on the motion car Jim Tolleson made a motion that $7,310.00 be approved for the purchase of 100 underground garbage can units. Max Bacon seconded the motion which carried 7-0. Atlanta Woodlands Associates, Ltd. and Post Properties the City to authorize the Housing Authority of Cobb ects located within the City with revenue bonds ive until December 31, 1983. Jim Tolleson said to borrow money at a lower interest rate, and in o percent of their units available for renting to bracket. probably $15,000 to $16,000 annually. Jim Mayor be authorized to sign a letter to the Chairman Authority giving the City's approval. Max Bacon seconded O. cial building lows: presented by Inspector Larry Dunn and recorded King Road at a approved sub Jack Shinall seconded a permit for new construction on South Cobb Drive at imated cost of $200,000. Max Bacon made a motion the royal if the Fire Marshal and City Engineer. which carried 7-0. t sys 1983. Deposits customers whose (Water) Jim Tolleson reminded everyone that we have adopted for water sewer customers, to become effective January l, may als ired for existing residential and commercial service has been terminated due to nonpayment. James Williams wished all city employees and citizens a happy and safe holiday season. Jim Hawkins said he had audits be published in requests from citizens asking that the yearly r and recommended that we do so in the future. Jack Shinall wished everyone a Merry Christmas. (Library) Monika Myers invited everyone to the puppet show on Wednesday, December 2Znd at 1:30 p.m. Elbert Coalson wished a happy holiday to all. With no further business. meeting adjourned at 8:l5 p.m. ************************ December 20, 1982 - Continued WILLOUISE C.