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09-07-1982 Regular MeetingSeptember 7, 1982 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on September 7, 1982 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 for Elbert Coalson who was out due to illness in his family. r Also present was City Attorney Charles Camp, Assistant City Clerk Melinda Hiatt, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Librarian Doris Morris, Civil Defense Director Dick O'Hara, and representatives of the press. Invocation was given by Sarah Jones, followed by the pledge to the flag. Citizen Reports: Mr. B. T. Harden of Mockingbird Lane complained of a fence one of his neighbors has constructed and said the City Marshal had already sent him a notice of violation of the City Ordinance, but no action has been taken in forcing him to remove the fence. Attorney Camp advised Mr. Harden, at the Mayor's request, that since his neighbor had purchased the lot behind him and informed the City that it had now become a part of his back yard the City had little chance of requiring removal of a fence in a back yard, as opposed to erecting a fence in his front yard. Appointment of Fire Chief: James Williams made a motion the appointment of Fire Chief be tabled, seconded by Jack Shinall. Vote on the motion carried 5-1, with Jim Tolleson opposed. Zoning: Ted Jones represented Travis H. Gann in his request to rezone property F in Land Lot 523, Concord Road at Hunter Street, from Future Commercial to Limited -`� Commercial. Mr. Jones said the building would be used for a mechanical contractor's office, with approximately $15,000 worth of remodeling to be done. Ward Proctor said he had no objections to the zoning, but wanted to be sure there would be no heavy equipment or trucks parked there. Attorney Camp stated the Limited Commercial zoning prohibits outside storage or parking of heavy equipment. Max Bacon asked Mr. Jones if he knew that Hunter Street was a permanent one-way street. Mr. Jones said he did, and there was 120' frontage on Concord Road which should be adequate for a curb cut. There will be one van coming and going from the office, with probably five vehicles at the most, being parked during the day. Mr. Jones said the Planning and Zoning Board had requested they rezone to Limited Commercial rather than General Commercial to remain compatible with other businesses on the street. Mr. Bob Bison, a resident of Dunn Street said he was concerned with the fact that Hunter Street is one way, and felt it would increase traffic on Dunn Street and severely disrupt the neighborhood. After discussion, Jim Hawkins made a motion the zoning be approved, seconded by Sarah Jones. Vote on the motion carried 6-0. Jack Shinall told Mr. Jones he felt it would be better to have the curb cut on Concord Road and none on Hunter Street. 0 Variances: Mr. Bill Askea requested variances for a proposed senior citizens high- rise development at the corner of South Cobb Drive and King Springs Road. The variances requested were as follows: 1. Section 1015.1 - To allow persons 55 years of age or older, or married couples in which one of the spouses is 55 years of age or older, or handicapped. The present requirement is 62 years of age. 2. Section 1015.6 - Height regulations; from 3 stories or 35 feet in height, to 4 stories, or 45 feet in height. 3. Section 1015.2 - To allow a total care nursing home type facility which will meet all State requirements. 4. Section 801 - Reduce minimum floor area of proposed units as follows: Efficiency - 400 sq. ft. from 500 sq. ft. required One -bedroom - 500 sq. ft. from 600 sq. ft. required Two -bedroom - 650 sq. ft. from 700 sq. ft. required Three -bedroom - 800 sq. ft. from 900 sq. ft. required. There was no opposition from the audience on the variances requested. Max Bacon said he felt 400 sq. ft. was very small for an efficiency and Mr. Askea said these units would be for one person only. Jim Tolleson asked if this should be addressed to the Authority before taking action. Mr. Camp said this development was being privately funded, and the Authority would not have any connection with it. Following a question from Jack Shinall, Mr. Askea said that approximately 10,000 to 12,000 square feet would be used for nursing care facilities. Sarah Jones made a motion the variances be approved. James Williams seconded the motion which carried by a 6-0 vote. September 7, 1982 - Continued Commercial Building Permits: Commercial building permits were presented by Max Bacon and recorded as follows: 1) Olderman Construction Company requested a permit for a dental office at 2766 Hargrove Road, Cumberland Crossing Shopping Center, at a total estimated cost of $45,000. Max Bacon made a motion the permit be approved. Jim Tolleson seconded the motion which carried by a 6-0 vote. 2) E. C. Long requested a permit for an 8,000 sq. ft. retail building, next to Smyrna Lighting at an estimated cost of $100,000. Max Bacon made a motion the permit be approved subject to the Fire Marshal's approval. James Williams seconded the motion which carried by a 6-0 vote. 3) U-Haul of Western Georgia requested a permit for 2416 South Cobb Drive for an addition to the existing buildings at a total estimated cost of $40,000. Max Bacon made a motion the permit be approved. James Williams seconded the motion which carried by a 6-0 vote. Appeal of Recorder's Court: Ronald H. Cook appealed the decision of recorder's court for the charge of reckless driving. Mr. Cook, Dan Lovern, Officer K. K. Wrozier and Park Ranger John Vlad were sworn in by Attorney Camp. Mr. Cook said he and Dan Lovern left his home on Star]ine Drive to go to a friend's home and had not been into King Springs Park at;all that day. He went up King Springs Road and noticed a park ranger pull in behind him when he stopped at the Tenneco Store to get gas. He left Tenneco and exited onto Concord Road traveling west. Mr. Cook said he was in the right hand lane and when he approached the intersection near Vickery Hardware there was a car stopped in his lane attempting to turn right, with two other cars behind it. He used his blinker to go into the left-hand lane, went around the cars, and then back into the right hand lane to turn right onto South Cobb Drive. He was stopped on South Cobb Drive, near Kentucky Fried Chicken and charged with reckless driving by Officer Wrozier. Dan Lovern said he was in the car with Mr. Cook and said they stayed in the right hand lane after leaving Tenneco and Mr. Cook did use his blinker when he passed the cars. Also, they were staying within the speed limit and to his knowledge, there were no other cars behind them when they changed lanes. Jack Shinall asked Mr. Cook if he knew what he was being stopped for when Officer Wrozier pulled him over. He said he did not know until the ticket was written and given to him. Jim Hawkins asked if anything else had happened since the ticket for reckless driving was issued to him. Mr. Cook said he went back to the park ranger and asked if the case could be brought back up, that he did not feel he was treated fairly. Attorney Camp asked Mr. Cook if he was about to tell council about some- thing pending against him now, and the answer was yes. Mr. Camp said he could not do that, because it does not involve this case and could not be considered. John Vlad said he was in King Springs Park when the call came over the radio that a dark colored Oldsmobile was driving recklessly in the area and left the park to assist the police in locating the vehicle. He saw Mr. Cook's vehicle and followed him to the Tenneco. After getting gas, he said Mr. Cook pulled out at a very high rate of speed and according to his speedometer was traveling in excess of 65 miles per hour on Concord Road, weaving in and out of traffic. When he saw the police car on South Cobb Drive, he slowed down. Mr. Vlad said as it turned out, this was not the same vehicle the police cars were looking for. He was never able to get close enough to get the tag number but used his radio to call for assistance from a zone car, stating he had the vehicle in sight. Officer Wrozier said she had just left a reckless driving call on Dell Avenue and was on Powder Springs Street at South Cobb Drive when the park ranger called for a zone unit, stating he was at Powder Springs Street and South Cobb Drive. When the car passed the intersection, she recognized the driver, and he waved to her. She let the vehicle get ahead of her and pulled them over and issued the ticket after hearing what the park ranger had to say. Officer Wrozier said the vehicle was not speeding when she first saw it, and not in any violation. The ticket was issued based upon Mr. Vlad's statement. James Williams asked Mr. Vlad where he was when he first observed the car, and he answered at the Tenneco station, but at that time he was not sure it was the same car they were looking for. After further discussion, Jack Shinall made a motion the recorder's court decision be upheld, seconded by Max Bacon. Vote on the motion carried 5-0, with Jim Hawkins abstaining. Jim said it was difficult for him to vote because there was more to it than could be discussed tonight. Attorney Camp stated that whatever happened later could not have any bearing on the case heard tonight. Jim Hawkins made a motion the appeal of recorder's court by Gerald Parker be heard September 20, 1982. Jack Shinall seconded the motion which carried 6-0. September 7, 1982 - Continued Jim Tolleson said our cost for underground garbage can units and liners has increased. At the present time, we are paying $112.93 for the units and charging the customer $100. Liners have increased to $10.53 and we charge our customers $10.00. Jim made a motion the cost of the entire unit be increased to $115.00, and $11.50 for liners, effective September 15, 1982. Jim Hawkins seconded the motion which carried by a 6-0 vote. Report on Bid Award: James Williams said the lowest bid on the two air packs for Civil Defense was $1,885, with $1,440 budgeted for this equipment. James made a motion we accept the low bid, with the.$445 excess to be paid from the General Fund. Jim Hawkins seconded the motion which carried by a 6-0 vote. Approval of Minutes: Jim Tolleson made a motion the minutes of August 2, 1982 be approved as submitted. Max Bacon seconded the motion which carried by a 6-0 vote. Jim Tolleson made a motion the minutes of August 16, 1982 be approved as submitted. James Williams seconded the motion which carried 6-0. Jack Shinall stated we have received proposals for three paving projects and made a motion they be accepted, as follows, to be paid from State Grants. Highland Drive - $4,140 Parking Lot at City Hall - $4,200 Cherokee Road - $3,150 Sarah Jones seconded the motion for discussion. Sarah said with the cost involved, she felt we should request bids and have other comparisons before awarding the contract. Jack Shinall amended the motion to state that bids be requested on these projects, to be opened at the next meeting. Sarah Jones seconded the motion which carried by a 6-0 vote. Committee Reports: Jim Tolleson said he had a letter from some of the residents on Glenroy and Dundee requesting permission to close a portion of both streets for a block party on September llth, from 6:00 to 11:00 p.m., and made a motion it be approved. Jim Hawkins seconded the motion which carried 6-0. (Library) Doris Morris gave a report on library activities and expressed her appreciation to the press for their excellent coverage. Jack Shinall said he read in the paper where the City of Marietta plans to continue annexing down Cobb Parkway and said these plans were consistent with the agree- ment between the Board of Education and their city. Jack said he did not feel the Board of Educat4on could speak for all the citizens of Cobb County and this is an' attempt to undo any previous agreements we had. The City of Marietta is annexing property within our natural growth area and it takes money out of the school tax and county tax digest. Jack §paid he felt it was time the legislators and people of Cobb County let Marietta know, that although their annexation package is attractive, it benefits no one but them. (Parks) Sarah Jones said the terms for Parks and Recreation Commission members from Wards 1, 3 and 6 would expire soon, and asked councilmen from these wards to have their recommendations ready for the next meeting. Sherry Reavis said the Fall brochures were ready and would go to all the schools this week. Also, King Springs pool will open this weekend for the Fall season. Announcements: Next council meeting September 20, 1982; GMA Fall District meeting on September 21, 1982. With no further business, meeting adjourned at 8:46 p.m. September 20, 1982 The regular scheduled meeting of Mayor and Council was held September 20, 1982 at Smyrna City Hall. 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.:.EL.'Li.ttle,