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03-21-1983 Regular MeetingMarch 14, 1983 - Continued Jack Shinall said we are working on securing the easements for Woodland Arms to remove the lift station and asked the Mayor to continue to followup with the county on Ann Road and Hickory Acres. 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 lift 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 efforts in responding to a fire on Lee Street several weeks ago, which was actually in the county. Within 3 to 4 minutes the City had water on the house before the county was able to get to the scene. Mayor Bacon reminded everyone of the CMA meeting at Austell tomorrow night; the Chamber of Commerce meeting Wednesday at 4:00 concerning the Dobbins surplus property. With no further business, meeting adjourned at 8:47 p.m. March 21, 1983 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 o'clock p.m. All council members were present except Sarah Jones who 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 enjoy their own yards without being disturbed. Jack Shinall told Mr. Ayers he would have the Marshal 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 made a motion the Anne Q. Boone property in Land Lot 706 be annexed into the City to become a part of Ward 3, the legal descrip- tion having been read into the minutes of the February 21, 1983 meeting. Jim Tolleson seconded the motion 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 efficiency 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 Benton requested rezoning of property at 2824 King Street from R-15 to Limited Commercial. There was no opposition from the audience. Jack U_q March 21, 1983 - Continued Shinall said this property is actually located on King Street and all entrances and parking would be from the King Street side, rather than Bank Street.. Jack said the people living next door to this, property had called him tonight and they have no problem with the rezoning. 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. Mr. 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 not 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- tion in response 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 Kroger store is actually closer to the school than the restaurant would be. Mr. Rowe said if you measure the closest distance by walking from the restau- rant to the 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 distance require- ment. Mr. Rowe. said he had done exactly as he was advised to do by contacting the school board and 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 he had ,,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 letter received from Sam Whitfield. Jack Shinall said council was sworn to uphold the ordinances. The letter waiving the distance requirements from 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 license. James Williams said he was not opposed to the owners having a pouring license, but based on the facts would also have to vote for denial. Vote on the motion to deny carried 5-1, with Jim Tolleson opposed. Privilege License: O'Neil's, Inc. requested a liquor, beer and wine pouring license for 3805 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-1 Storage, 793 Smyrna Hill Drive requested a variance on front yard setback requirements, C. R. Shah, applicant. Jim Hawkins made a motion this request also be tabled to the next meeting. Max Bacon seconded the motion which carried 6-0. 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-,-ownerr 'ofjPre cision Cutter6`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 t'o 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 cost incurred in purchasing easements for Willowbrook/Highview/Deerwood sewer lines to be paid from the Water Revenue account, Rehabilitation of Water & Sewer Lines. Jim Tolleson seconded the motion which carried 6-0. 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 $50 fee for relocating cans if it is done at the owners request. (Parks) Elbert Coalson said that Sherry Reavis would like to meet with the committee the 29th of this month. Mayor Bacon read a letter from Dewey Bass, owner of Bass Style Shop stating they would be attending an international hair styling show in Tokyo on April 18th and l9th. Mayor Bacon said it had been the City's policy to not make dona- tions, but he would personally contribute to their trip. Mayor Bacon asked each councilman to submit names of two persons to serve on the Certified Cities Committee by Friday. With no further business, meeting adjourned at 8:45 p.m. March 21, 1983 - Continued ARTHUR T. BACON, MAYOR ! AlfS E. TOLLESON, WARD 1 E: JA ES-WILLIAMS, WARD 3 G CK SHINALL-,�-5-- / `Yy" SARAH JONES, WARD 7 /I I-/,- le� WILLOUISE C. SPIVEY, CIT CLERK 7-- MAX BACON, WARD-2 :TAMES M. HAWKINS, WARD 4 ELBERT R. COALSON, WARDl6 _ y,-1 u; �`J► RESIDENTS OF HILLSDALE STREET VS 1031 HILLSDALE ST. c1 WE THE UNDERSIGNED ARE TIRED OF NOT BEING ABLE TO GET A RESTFUL NIGHTS SLEEP, OF OUR KIDS NOT BEING ABLE TO PLAY IN THEIR OWN BACKYARDS WITH- OUT BEING AFRAID OF THE DOGS(THREE DOBERMANS, AND ONE GERMAN SHEPARD) MIGHT GET THEM, OF NOT BEING ABLE TO WORK, WALK AND ENJOY OUR OWN YARDS WITHOUT BEING DISTURBED. THIS USED TO BE A QUIET AND PEACEFUL NEIGHBORHOOD IT NO LONGER IS: IN THE RECENT WARM SPELL, THE 0 ,TERRI$,LE. IT IS LIKE BED NEXT TO A DUMP. AKIN, FLANDERS& ROWE 1918 GLENFAIR ROAD DECATUR, GEORGIA 30035 (404) 288-7050 i 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. DCRjr:gh Enclosure Sincerely, AKIN FLANDERS OWE David C. Rowe, Jr. SPECIALISTS IN SHOPPING CENTER DEVELOPMENT 1 Cobb County Public Schools P.O. Box 1088 Dr. Thomas S. Tocco Superintendent The Honorable Arthur Bacon City of Smyrna, Smyrna, Georgia 30080 Dear Mayor Bacon: Telephone: 422-9171 Marietta, Georgia 30061 February 17, 1983 Board of Education Carolyn L. Duncan, Chairman Duff S. Greene, Vice -Chairman Bob Shaw Bill Bates G. Paul Moore Harold Posey Sam Whitfield 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. 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, Sa R. Whitfiel cc: Brown Elementary School