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March 14/21, 1983 Council Meeting March 14, 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 14, 1983. 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 Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and Recreation Director Sherry Reavis, Building Inspector Larry Dunn, Assistant Librarian Monika Myers, Civil Defense Director Jim Farley, and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Cit;izen rts: Glen Bickford, a resident of Heritage Apartments said he was a instructor for the City of Atlanta Fire Department and a part-time instructor for the State, and as a citizen was concerned about the equipment being used by our fire department. 1\11". Bickford said he had examined the equip- ment several times and found the breathing apparatus not safe and our men are USing rubberized clothing which will cause burns. Also, the tires on one of the engines need replacing now. Mr.Bickford stated he had not contacted Acting Chief Cochran about these problems. Max Bacon said he felt Mr. Bickford's reason for bringing this up tonight was to try and embarrass council. Jim Hawlcins said the proper place for him to report these problems would be to the Chief. Mayor Bacon told Mr. Bickford he would like to meet with him and would enj oy going around with him to hear his comments concerning our fire department. Mr. Bickford also said the hoses need to be tested yearly and stamped to show they are up to date, and the last date he saw was 1974, with one stamped in 1973. After further discussion, Mr. Bickford said he was asked by an ex-member of the depart ment to inspect the equipment and also has 6 affidavits signed by members of the fire department stating the equipment is obsolete. Jack Shinall said the fire committee would be glad to look at the affidavits and meet with him. James Williams said he was surprised because at no time has any member of the fire department mentioned these prOblems. Sue Brissey said she felt council should not question Mr. Bickford's intentions and thought they should meet with him and listen to his recommendations. Jack Shinall said that was true, but he should have approached council 2 weeks ago when this happened, if the prOblems were so urgent. Mrs. Brissey also said the sidewalks on King Springs Road are still covered in mud and no attempt has been made to clean them. Mrs. Brissey asked about the businesses on Concord Road that were in violation of the ordinance and was told that letters have been mailed to these people. Bill Eidson, a business owner on Concord Road said he had received a letter from the City Marshal but he has had his business at the same location on Con- cord Road for 27 years and it has never been paved. Max Bacon said he would like a ruling from the City Attorney on cases such as Mr.Eidson's, but Mr. Camp said he ~~ not prepared to do that tonight. Mayor Bacon said the City did not intend to cause a hardship on anyone and Mr. Camp would have a ruling on the businesses that may be grandfathered by the next meeting. Privilege License: J Ku Kim requested a beer and wine pouring license for Seoul Restaurant at Cherokee Road. There was no opposition from the audie- nce. Jim HaWkins read a letter from Chief Little stating the police investigation was favorable and asked Mr. Kim if he understood the ordinanc e well enough to comply, and the answer was yes. Jim reminded Mr. Kim that if he should be found in violation that he could not use his not understanding the language as an excuse. After :further discussion Jim Hawkins made a motion the license be ap- proved. Elbert Coalson said he could not support the motion because he did not :feel that Mr. Kim fully understood our ordinance concerning the sale of alco- holic beverages. Sarah Jones seconded the motion which carried 5-2, with Elbert Coalson and Jack Shinall opposed. Privilege License: Athens Pizza House requested a beer and wine pouring license for their proposed new location at 3315-5 South Cobb Drive j~n Concord Square Shopping Center. Present was David Rowe, with Akins, Flanders & Rowe, James Peek, applicant, and John Papadopoulos, owner. Mr. Tom Tucker was in opposition and was sworn in with David Rowe by Attorney Camp. Mr. Rowe said this would be Mr. Papadopoulos's fourth restaurant and he had never experienced any prOblems at the other locations. This will strictly be a family res.taurant with beer and wine incidental to food sales, amounting to approximately 10%. The distance as required by our ordinance does not meet the requirements from Brown School, March 14, 1983 - Continued but Mr. Rowe said it was actually 535 feet from the front door to the school property line, by the nearest means of travel. He contacted Mr. JoneS, the prin- Brown School and he had no objections and upon his recommendation con- Schoals with the of Education, who in turn referred him to Whitfield, the board member representing this area. Mr. Whitfield pro- waiving the diSt;q.nce requirements and also asked their cooperation shrubbery along the back of the Shopping center and installing a metal around the back of the retaining wall, which they have alr"",ady done. Mr. Rowe said they were willing to work with the Board of Education in any way they could. Also, the Kroger store at the shopping center sells package beer and wine and they are actually Closer to the school than the restaurant will be. Mr~ Tucker said he was OPPoSed due to the close proximity of the school. MayoI' Bacon read the letter fI'om Akins, Flanders and Rowe requesting the waiver of requirements. Jim ~q.wkins said he would like to delay this decis- an opportunity to with someone from the school board, and the request be to the next meeting. Max Bacon seconded Shinall said these were awkward circumstances but knew it would restaurant and would vote with the motion because he would like out. Vote on the motion to table carried 7-0. James Williams said that McGriff Street had been properly posted and advertised and made a motion it be closed and abandoned. There was no oppo- the audience. Sarah Jones seconded the motion which carried 7 -0. question from the audience, Mr. Willj_ams said this I'ight of way to the adjoining proprty owners provided they bear all expenses Mr. Camp saj_d the first step would be for them to acquire a survey of Attorney Camp read an application for annexation We the undersigned, who constitute sixty percent (60%) of the owners of the area by acreage of the area described below, which is unincorpor- and contiguous to the City of Smyrna, hereby apply to have said area into the City of SmYI'na under the provisions of the Code of Georgia Annotated, Sections 69-904 thI'ough 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 41J_ 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: J. tract District, T. Bolling February, or parcel of land lying and being in Land Lot 481 of the 2nd Section, Cobb County, Georgia, being the property of as shown on plat of survey by Robert T. Weaver, Surveyor, 1961, and more particularly described as follows: at a point on the southwest side of South Cobb Drive 660 feet of the northwest corner of Roy Gann Road and South Cobb Drive; I'urming southwest 756.4 feet to a point; thence running north 651.3 a point; thence running east 185 feet to a point; thence running 200 feet to a point; thence running northeast 366.7 feet to a point the southwest side of south Cobb Drive; thence running southeast along side of South Gobb Drive 100 feet to the point of. BEGINNING, being improved with one brick and frame house identified South Cobb Drive, Smyrna, Georgia according to the present numbering of houses in and around Cobb County, Georgia. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. the signature of the legal representative, record title holders of 60% of the land of the fee area above simple title, described by PICKENS, PRESIDENT AND GEORGE NEESE, SECRETARY, FELLOWSHIP OF SMYRNA , INC. Sarah Jones hearing set 7-0. made a motion the for April 4, 1983. signatures be Jack Shinall validated and the date of public seconded the motion which carried Attorney Camp read an application for annexation March 14. 1983 - Continued We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorpor- ated 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 1011, 1012; said property to be annexed being described as fOllows, to wit: All that tract or parcel of land lying and being in Land Lots of the 17th District, 2nd Section, Cobb County, Georgia and particularly described as follows: 607 and 618 being more BEGINNING at an iron pin located at the intersection of the southwest corner of Land Lot 607 and the northwest corner of Land Lot 618; thence north 89 degrees 00 minutes east three hundred thirty nine (339) feet to an iron pin; thence south 15 degrees 43 minutes east ninety six (96) feet to a point; thence south 16 degrees 39 minutes west t::hree hundred twenty three (323) feet to a point; thence south 34 degrees 25 minutes west three hun- dred thirty four and five tenths (334.5) feet to a point; thence south 86 degrees 35 minutes west fifty and nine tenths (50.9) feet to a point; thence south 86 degrees 23 minutes west nine hundred fifty eight and three tenths (958.3) feet to a point; thence north 22 degrees 47 minutes west two hundred ten (210) feet to a point; thence north 88 degrees 10 minutes east one thousand thirty one (1,031) feet to a point; thence north 2 degrees 29 minutes west five hundred nine and four tenths (509.4) feet to the point of BEGINNING. Containing 7.8 acres and being shown on plat made by Robert T. Weaver surveyor dated January 1961. 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 the record title holders of the fee or his legal representative, of 60% of the land area above acreage: s/HENRY G. KALB. GRACE D. KALB & HANNAH KALB POWELL simple title, described by Sarah Jones made a motion the signatures be validated and the public hearing held April 4, 1983. Jim Tolleson seconded the motion which carried 7-0. Jim Tolleson made a motion be annexed into the City to become the motion which carried 7-0. the Anne Q. Boone a part of Ward 3. property in Jim Hawkins Land Lot seconded Annexation: Jim Tolleson made a motion the Atkins property in Land Lot 706 be annexed into the City to become a part of Ward 3. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said he had just learned the legal ad- vertisements were not correct and the annexations would need to be postponed. After discussion, the motion and second for the two annexation requests were withdrawn and the motion rescinded. Jim Tolleson then made a motion the annex- ations be tabled to the March 21st meeting. Jim Hawkins seconded the motion which carried 7-0. Max Bacon made a motion be opened at the April 4, carried 7-0. bids be accepted for removal of the 1983 meeting. Jack Shinall seconded water tower, to the motion which Max Bacon made a motion that Bank Street, from Atlanta Road to King Street be closed on April 23rd from 8: 30 to 6: 00 for the Jonquil Spring Festival. Also, that approval be given to hang a banner advertising the festival on April 8th, to be removed on April 20th. James Williams seconded the motion which carried 7-0. Jack Shinall made a motion bids be accepted for a service truck for the Water Department to be opened at the April 4th meeting. Jim Hawkins seconded the motion which carried 7-0. Jack said funds have already been approved in the Revenue Sharing budget. Jim Hawkins mi tted. Jim abstaining. made a mot ion the Tolleson seconded minutes of the mot ion February 7, 1983 be which carried 6-0, as sub- Shinall approved with Jack James Williams made a motion the minutes of February 21, 1983 be approved as submitted. Elbert Coalson seconded the motion which carried 7-0. March l4, 1983 - Continued ing, are one Jones said that $53,000 was in the budget for a down paym"nt on a new The committee has the truck be obtained on a leasel but due to the involved felt it would be to request made a motion bids be requested to be opened at the ApJ::'il 4th meet- by Jim Tolleson. Vote on the motion carried 7-0. Sarah said there companies that make the truck we need and the delivery date on months and the other will take from l to It years. Jim Tolleson made a motion the Mayor be authorized to Cobb Housing Authori ty giving ouJ::' approval for them JOhnstown PJ::'opeJ::'ties for the renovation of Sundance tree). Jack Shinall seconded the motion which carried sign a resolution to the to issue Revenue Bonds to Apartments (formerly Plum- 7-0. (Finance) Jim Tolleson of establish~ng our future years. said he felt we should own housing authority which serious- wj_ll be ":Kpressed his thanks Georgia Power for their ion of tax check at a dinner recently held. In 1958 franchise ,244; in 1970, $84,951; last year, $326,846 and check this year $417,821, which will certainly be put to good use. Jim said they should also be cOmmended for remaining steadfast in keeping their local office in Smyrna. Jack Shinall said the increase in these tax revenues shows that our annexations are definitely beginning to payoff. Jim the Finance COmmittee had discussed rotating the accounts done about 5 yearS ago. On the advice of the City letters were all Smyrna banks asking for proposals on their and the they could pay. Jim Tolleson made a motion the rules be sus- pend"d to place a motion on the floor. SaJ::'ah Jones seconded the motion which carried 5-2, with Jack Shinall and Jim Hawkins opposed. Jim Tolleson then made a motion that First National Bank be awarded all the city's checking accounts for 2 years. Sarah Jones seconded the motion. Jack Shinall said he did not think agreement that carryover into the next administration. amended the motion award the bank accounts to First National of this term. Sarah Jones seconded the amendment. Jim Hawkins think we should all the accounts into the same bank. Jack he had looked at the proposals and First National's was good but about $5,000 differ"nce in the interest rate between their proposal s. The FNB accounts will use the money market which fluctuates Company pays a guaranteed 5t%. Jack said he would rather go interest rate because we could actually lOSe money by in- the money market accounts. After further discussion, Jack Shinall this be tabled to the next meeting. Jim Hawkins seconded the motion 3-4, with Jim Tolleson, Max Bacon, James Williams Sarah Jones on the original motion to award the accounts to National Jack Shinall, Elbert Coalson and Jim Hawkins opposed. ( and be Also, all ) James Williams suggested that when a zoning is approved by Mayor that the information immediately sent to the Permits Office to all requirements are met before any business license is issued. building permits the same information should be forwarded so that conditions can be met Pef'ore Certificates of Occupancy are issued. Jim low ing the said residents on Ridgecrest pressure and asked Jack Shinall 2" line with a larger line. Drive are having serious problems with to look into the possibility of replac- In the absence of and said the Cobb analysis. Doris Morris, Monika Myers gave a report on library County Extension Service was still accepting soil we are will blems night (Water) Jack Shinall said the prOblem on Ridgecrest Drive has quite a while and the replacement of the line will be on the next Jack said ahead in the removal of the Willowbrook lift station and hopefUlly to start in a matter days. Also, we have been experiencing pro- with the Hickory Acres lift station and there was another prOblem last with lines overflowing. a the Sewer System is now being conducted Study is underway and the majority of the Highlands area where we have had quite Jack Shinall said we are working on securing the easements to remove the lift station and asked the Mayor to continue the county on Ann Road and Hickory Acres. for to Woodland followup Arms with Jack Shinall said that Eddie Bessette had been in the hospital for surgery but was now at home and doing well. Elbert Coalson asked when we could expect the elimination of the Woodland Arms lif't station. Mayor Bacon said we have all the easements necessary except for 3 or 4, and bids will probably be requested at the next meeting. Mayor Bacon commended Hubert Cochran for their eff'orts in responding to a fire on Lee Street several weeks ago, which was actually in the county. Wi thin 3 to 4 minutes the City had water on the house bef'ore the county was able to get to the scene. Mayor Bacon reminded everyone o:f the CMA meeting at Austell tomorrow the Chamber of Commerce meeting Wednesday at 4:00 concerning the Dobbins property. night; surplus With no :further business, meeting adjourned at 8:47 p.m. ************************ The regular scheduled meeting of Mayor and Council was held March 21, 1983 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Arthur T. Bacon at 7: 30 0' clock p.m. All council members were present except Sarah Jones wl"lo was in the hospital. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Public Works Director Jim David, Building Inspector Larry Dunn, Parks Superintendent Bruce Bates, Librarian Doris Morris, Civil Defense Director Jim Farley, and represen- tatives of the press. Invocation was given by Elbert Coalson, :followed by the pledge to the flag. Citizen Reports: Bobby Ayers, a resident of Hillsdale Street presented a peti- tion to Mayor and Council complaining of persons living at 1031 Hillsdale keeping 3 dobermans and one german shepard on chains in their yard. Mr. Ayers said the dogs were vicious and the neighbors could not enj oy their own yards without being disturbed. Jack Shinall told Mr. Ayers he would have the Marsl"lal go out tomorrow and some action would be taken. Annexation: James Williams made a motion the Atkins property in Land Lot 706 be annexed into the City to become a part of Ward 3, the legal description having been read and made a part of' the February 21, 1983 minutes. Jack Shinall seconded the motion which carried 6-0. Annexation: James Williams Lot 706 be annexed into the tion having been read into Tolleson seconded the motion made a motion the Anne Q. Boone property in Land City to become a part of Ward 3, the legal descrip- the minutes o:f the February 21, 1983 meeting. Jim which carried 6-0. Rezoning: Lindsey Freeman with Lincoln Properties represented Henry G. & Iris Lee Atkins and Anne Q. Boone in their request for rezoning of property just annexed, from Residential to RM-16. There was no opposition. Mr. Freeman said this property was adjacent to Post Villages Northwest which is also zoned RM- 16 and presented the site plan. Mr. Freeman said the main entrance would be :from Pasadena Boulevard and there would be no entrance from Atkins Road. Max Bacon reminded Mr. Freeman that in accordance with the ordinance, at least 50% of the units would have to be either one bedroom or e:fficiency units. James Williams asked how many units would be built, and Mr. Freeman said there would be 640 overall. Mayor Bacon read the minutes of' the Planning and Zoning Board meeting where they recommended the zoning be approved. James Williams made a motion the zoning be approved as requested. Max Bacon seconded the motion which carried by a 6-0 vote. Rezoning: James R-15 to Limited Benton requested rezoning of property at 2824 King Street Commercial. There was no opposition from the audience. from Jack March 21, 1983 - Continued Shinall said this property is actually located on King Street and all entrances and would be from the King Street side, rather than Bank Street. Jack said the p~()ple livingn.ext door to this property had called him tonight and they have no prOblem with the ~~ez;oning. Max Bacon asked Mr _ Benton if he planned to have any parking on the Bank Street side. The answer was no, and Mr. Benton said the drive on Bank Street would be closed. Max Bacon asked Mr. Benton if he realized he would have to have adequate paved parking, and the answer was yes. Also, if additional water runoff is created from the paving, he would be responsible for correcting this problem. ]VIr. Benton said he could not foresee any problems such as that. Max Bacon expressed his concern about the property on the Bank Street side being used in future years for parking. Mr. Benton said he did plan to use the side lot, but would hate for a restriction to be placed on it for future years. After further discussion, Jack Shinall made a motion the rezoning be approved with all entrances and parking to be from King Street. Jim Hawkins seconded the motion which carried 6-0. Privilege License: James Garland Peek requested a beer and wine pouring license for Athens Pizza House, 3315-5 South Cobb Drive. There were two people in oppo- sition. Mr. Peek, David Rowe, and John Papadopoulos were sworn in by Attorney Camp, along with Jerry Burns and Bill Eidson, in opposition. Mr. Burns spoke first, and said he had a child at Brown Elementary School and felt this location was entirely too close to the school and was worried about the rough crowd it may draw and the possibility of accidents. Mr. Camp asked Mr. Rowe if he was the developer of Concord Square Shopping Center and the answer was yes. Mr. Camp said he remembered when the property was rezoned there was a stipulation that there would be no left turns onto Brown Circle. Mr. Rowe said left turns from the shopping center onto Brown Circle were illegal and the sign should have been posted. Mr. Papadopoulos said his restaurants were first class family establishments and their lunch business will be primarily between 11 and 2 p.m. The Kroger store has a license to sell package beer and wine but when people enter his restaurant they will. be checked before being served. Bill Eidson also spoke in opposition because he felt it was too close to the school. Mayor Bacon read a letter from Sam Whitfield with the Board of Educa- to Mr. Rowe's letter asking for a waiver of the distance re- quirements. Mr. Rowe said the problem in this situation is that the school. is situated on an unusually large tract of land and our ordinance distance measures from the front door of customer entry to the school property line. However, the store is actually closer to the school than the restaurant would be. Mr. said if you measure the closest distance by walking from the restau- rant to school property line it is actually 535 feet, but when measured in a straight line is about 60 or 70 feet short of meeting the dist<'i.nce require- ment. Mr. Rowe said he had done exactly as he was advised to do py contacting the school board <'i.nd he felt their response was clear in allowing council to grant the license. Jim Hawkins said he requested this be tabled at the last meeting to give him an opportunity to contact the school board, but they still had not rendered an official opinion, although the principal at Brown School said objections. Jim HaWkins said his previous record would show that he voted against the other two waivers granted on pouring licenses and felt that once they made an exception they would open the door for everybody. After further discussion, Jim HaWkins made a motion the license be denied. Max Bacon seconded the motion for discussion, and said he still had some problems with the Ietter received from Sam Whitfield. Jack Shinall said council was sworn to the ordinances. The letter waiving the distance requirements f"rom Bethel Church was clear cut, and he voted against .the license for China Station because their waiver was signed by the property owners and not the residents at Cumberland Bridge Apartments. Jim Tolleson said he would have to vote against the motion because he felt they would be penalizing them by not granting the James Williams said he was not opposed to the owners having a pouring but based on the facts would also have to vote for denial. Vote on to deny carried 5-1, with Jim Tolleson opposed. 0' Neil's, Inc. requested a liquor, beer and wine pouring license for South Cobb Drive, Kathy Sumrall applicant. Ms. Sumrall was sick and unable to attend, and Jim Hawkins made a motion this request be tabled to the next meeting. James Williams seconded the motion which carried 6-0. Variance: A-l Storage, 793 SmYrna Hill Drive requested a yard setback requirements, C. R. Shah, applicant. Jim Hawkins made this also be tabled to the next meeting. Max Bacon seconded which 6-0. on front a motion the motion March 21, 1983 - Continued Variance: Sanford Phillips requested a variance on rear yard setback require- ments for an addition to his shopping center on Cherokee Road. Mr. Phillips presented plans of the building which showed that the building would be within 2 feet of the property line. Mildred Barie, owner of Precision Cutters at the property to the rear said she objected to the variance, and that Mr. Phillips had torn down her fence during grading. Mr. Coalson told Mr. Phillips that with- out a letter from Mrs. Barie giving her approval, he could not approve a var- iance. Jack Shinall asked Mr. Phillips and Mrs. Barie if there was any way they could resolve this problem and enable him to construct his building as planned. Mrs. Barie said she would agree, provided a retaining wall be built even with the ground and also that the fence be replaced. Elbert Coalson made a motion this be tabled to the next meeting to give the two parties a chance to work out their differences. James Williams seconded the motion which carried 5-1, with Jim Hawkins opposed. Commercial building permits were presented by Inspector Larry Dunn, and upon his recommendation the following approved: (1) Rhythm City requested a permit for new construction at 578 Cherokee Road at a total estimated cost of $160,000, with the existing building to be torn down. James Williams made a motion the permit be approved SUbject to approval of the Fire Marshal and City Engineer. Max Bacon seconded the motion which car- ried 6-1. Appointment to Hospital Authority: Max Bacon made a motion the names of George Williams, Michael L. Reynolds and Craig Smith be submitted to the Hospital Auth- ority for their selection of a member to fill the vacancy left by the resignation of Jack Hembrough. James Williams seconded the motion which carried 6-0. Jack Shinall made a motion that bids be accepted for the installation of gravity flow sewer lines to replace the Woodland Arms lift station. Jack said the engin- eers drawings will not be ready until Friday and there will be a $50 fee to obtain the plans. Bids will be opened the second meeting in April. Elbert Coalson seconded the motion which carried 6-0. Jack Shinall made a motion that $2,448 be approved to cover the in purchasing easements for Willowbrook/Highview/Deerwood sewer paid from the Water Revenue account, Rehabilitation of water & Jim Tolleson seconded the motion which carried 6-0. cost incurred lines to be Sewer Lines. Jack Shinall made a motion that $8,609.65 be approved for the installation of a 6" water line on Ridgecrest Drive. The labor cost will be $5,475 which will be contracted due to the existing workload. These expenses will also be paid from the Water Revenue account, Rehabilitation of Water & Sewer Lines. Jim Haw- kins seconded the motion which carried 5-1, with Max Bacon opposed. Committee Reports: (Finance) Jim Tolleson read a breakdown by departments on the percentage of their budget used and said we were slightly under budget overall through 67% of the fiscal year but asked all department heads to watch their expenditures. (Library) Doris Morris gave a report on library activities. (Water) Jack Shinall reminded everyone that March was cleanup month and all trash will be picked up as quickly as possible. Jack Shinall said we have run into a problem with residents requesting relocation of their underground garbage cans and from hereon there will be a $ 50 fee for relocating cans if it is done at the owners request. (Parks) Elbert Coalson said that Sherry Reavis would like to meet with the committee the 29th of this month. Mayor Bacon read a letter from Dewey Bass, owner of Bass Style Shop stating they would be attending an international hair styling show in Tokyo on April 18th and 19th. Mayor Bacon said it had been the City's policy to not make dona- tions, but he would personally contribute to their trip. Mayor Bacon asked each councilman to submit names of' two persons to serve on the Certified Cities Committee by Friday. With no further business, meeting adjourned at 8:45 p.m. March 21, 1983 - Continued rJ~ -r ;Sac-.- ~~~~ WILLOUISE C. SPIVEY, CITt/CLERK ~o: - MAX BACON, WARD 2 ~ ARTHUR T. BACON, MAYOR ~ /.qUa.........- . S E. TOLLES)t~ JA E ILLIAMS, WARD 3 ~~ SA~RD-r; r o O,l ~ l ,L ~-J .~, 4'- RESIDENTS OF HILLSDALE STREET VS 1031 HILLSDALE ST. WE THE UNDERSIGNED ARE TIRED OF NOT BEING ABLE TO GET A RESTFUL NIGHTS SLEEP, OF OUR KIDS NOT BEING ABLE TO PLAY IN THEIR OWN BACKYARDS WITH- OUT BEING AFRAID OF THE DOGS (THREE DOBERMANS, AND ONE GERMAN SHEPARD) MIGHT GET THEM, OF NOT BEING ABLE TO WORK, WALK AND ENJOY OUR OWN YARDS WITHOUT BEING DISTURBED. THIS USED TO BE A QUIET AND PEACEFUL NEIGHBORHOOD, IT NO LONGER IS~ IN THE RECENT WARM SPELL, THE ODOH tlA~ tl~~N TERRIB E, IT IS LIKE BE NEXT TO A DUMP. .t.wl !fOihl1 Yorl- -5uil1;1~r ~~ / ()J .~/lltf-I..-J j~J~/ , e~ U/f/&~ -j . ~ ~ ...; .... ~ -, ~I U " ~ ...."" . AKIN, FLANDERS & ROWE 1918 GLENFAIR ROAD DECATUR, GEORGIA 30035 (404) 288-7050 March 14, 1983 Honorable Arthur Bacon Honorable Councilmen City of Smyrna Smyrna, Georgia 30080 Gentlemen: Based on the accompanying letter from Cobb County Public Schools, we are requesting that the City Council grant a variance and issue a beverage license to Athens Pizza House Restaurant. I have discussed this matter with Mr. Sam Whitfield of the Board of Education and Mr. K. L. Jones, Principal of Brown School. Neither has an objection to the city issuing the license. I would also like to point out that the city has granted such a variance in other instances, thereby establishing such a pre- cedent. Two examples are variances granted to the China Station Restaurant, Spring Road, on a letter from Cumberland Bridge Apartments, and another is the Big Star at Cumberland Crossing Shopping Center, Hargrove Road, on a letter from Bethel Baptist Church. In addition, I would like to emphasize that Athens Pizza House does not have a "bar" and that beer and wine sales are only incidential to food sales. Also, Athens Pizza House will actu- ally be farther away from Brown School than Kroger which is in the same center and has a beverage license. I appreciate your consideration and granting of this variance and approval of the beverage license. Sincerely, AKI~LANDER:~OWE ~~~e- David C. Rowe, Jr. DCRjr:gh Enclosure SPECIALISTS IN SHOPPING CENTER DEVELOPMENT - ~ . .~ .- ~ ' " Cobb County Public Schools P .0'. BOx,.',.110'8!S Telephone: 422-9171 Marietta, Georgia 30061 Dr. Thomas S. Tocco Superintendent Board of Education February 17, 1983 Carolyn L. Duncan, Chairman Duff S. Greene. Vice-Chairman Bob Shaw Bill Bates G. Paul Moore Harold Posey Sam Whitfield The Honorable Arthur Bacon City of Smyrna, Smyrna, Georgia 30080 Dear Mayor Bacon: ~ .~ Re: Athen's Pizza House Concord Square Shopping Center Smyrna, Georgia "" I have been contacted by Mr. David C. Rowe, Jr. of Akin, Flanders & Rowe, and Ray Elizabeth Uttenhove of Coldwell Bankers regarding the beverage license for the referenced business. Also, the matter was referred to me by Dr. Wade Scholes. As a member of the Cobb County Board of Education, I basically am neutral on this issue and take no exception with the city in pro- viding the license. However, I am not knowledgeable of all aspects in the City code and am assuming the requirements are met. ~ U It would appear the only issue could be the manner of taking the measurement, and based on the survey done by Mallet & Associates dated November 22, 1982 and measuring from front door of business to Brown School property line the distance is 535 feet. I have also discussed this matter with the principal of said school and he sees no problem with this type business since the major portion of sales should be from food items. We are assured that the calibre and qual- ity of this business will be maintained at a high level. It is our desire to be a good neighbor and welcome growth to the city. Sincerely, . R. Whitfie1 cc: Brown Elementary School