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11-02-1981 Regular MeetingNovember 2, 1981 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on November 2, 1981 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Frank Johnson. All Council members were present except for John Steely whose father was seriously ill. 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 Recrea- tion Director Bill Johnston, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Tolleson followed by the pledge to the flag. There were no citizen reports. Bid Opening: Bids on the replacement of the heating and air`conditioning system for the Library were opened, read and recorded as follows: Cobb Heating & Air $5,929.00 1125 Concord Road Smyrna, Georgia Clayco Heating & Air $7,814.00 3310 S. Atlanta Road Smyrna, Georgia Daco Services $8,400.00 819 Tranquil Drive Austell, Georgia Neese Heating & Air $9,876.00 31 Huntwood Drive Smyrna, Georgia Reeves Heating & Air $7,870.00 545 Glover Street Marietta, Georgia C. C. McCall Heating & Air $9,856.00 .1073 Atlanta Road Marietta, Georgia Jim Hawkins made a motion the bids be turned over to the Library Committee with authority to award to the lowest bidder meeting specifications. Elbert Coalson seconded the motion which carried by a 6-0 vote. Variance: Mike Austin represented Kentucky Fried Chicken at 2431 South Cobb Drive in their request for a variance of the front yard setback from 50 feet to 20 feet. Mr. Austin said their plans were to tear down the existing structure and the new building would be larger, making the 20 foot setback necessary. The back of the property slopes and would require extensive fillwork to build further back on the lot. Elbert Coalson made a motion the variance be granted, subject to approval from the State Highway Department. Jerry Mills seconded the motion for discussion. Jerry said we needed to establish a building line for South Cobb Drive and if this variance is approved, to let the setback on this construction be the building line. Following a question from Elbert Coalson, Jim David said in his opinion, he felt the Highway Department would object to the 20 foot setback. Jack Shinall said he felt there were too many unanswered questions and made a motion the variance request be tabled until a letter is received from the State Highway Department with their recommendation. Jim Hawkins seconded the motion which carried by a 6-0 vote. Beer &.Wine Pouring License: Simon Chan, Inc. (China Station) located at 2528 Spring Road requested a beer and wine pouring license, the applicant being Atty. Kai Kee Chein, 3185 Jay Lane. Jim Tolleson said a letter was presented to the City from owners of Cumberland Bridge apartments stating they had no objections to the license being granted and a letter was also read from the police department stating their investigation did not reflect any factors that would bar the permit from being granted. Mr. Chan said he understood the ordinances for beer and wine pouring licenses. He had managed a restaurant in Atlanta for his parents and had never had any problems associated with serving of minors. Mr. Larry Cohran stated he objected because the restaurant was located across.the street from a church, with a day care center next door, and Argyle Elementary School a short distance down the street. He felt this was an improper place to Continued - November 2, 1981 have an establishment serving beer and wine, and felt it was the beginning of encroachment into the residential neighborhood. Jim Hawkins said he was opposed to the license because the restaurant was too close to Cumberland Bridge Apart- ments and would vote against the motion even though the owners had submitted a letter stating they had no objection. Kris Raycoft of 3114 Dunn Street said this building has been occupied by several different restaurant establishments in the past and he thought it would be vital to their interest to be able to sell beer and wine. Jim Tolleson made a motion the application be approved, pending approval of the fingerprints sent to the State. Elbert Coalson seconded the motion which tied by a 3-3 vote. Voting for was Jim Tolleson, Max Bacon and Elbert Coalson. Opposed was Jim Hawkins, Jerry Mills and Jack Shinall. Mayor Johnson voted in the affir- mative to break the tie. Elbert Coalson made a motion the minutes of October 5, 1981 be approved as submitted. Jim Tolleson seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of October 19, 1981 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. There were no commercial building permits to bring before council. Committee Reports: (Employee Benefits) Max Bacon said the insurance committee had not yet made a decision on the renewal of health insurance. The existing policy does not expire until December 31, 1981, and hopefully they will have a recommendation for council at the next meeting. (Streets) Jerry Mills said he had received a cost figure of $17,200 for traffic signalization at U.S. 41 at Post Village Drive, SR3 and Spring Street, SR3 and Fleming Street, and SR3 at Cherokee Road. This information will be left in the City Clerk's office for each councilman to review, and act on at the next council meeting. .These repairs would be paid from State Grants. Mayor Johnson said the State Highway Department has demanded that the signalization at these locations be upgraded to their standards. Jack Shinall said he had received a cost for installation of flasher lights at several streets he mentioned at the last meeting. Jack said he was sure that was one alternative, but his original request was that Mr. David report back with several other viable alternatives to help the traffic situation on Birch Street and Fraser Street. Jack said he would hold off on this request until the next meeting when Mr. David could provide a recommendation. Elbert Coalson said that Benmac Road where it runs into Old Spring Road was originally intended as a dedicated street. This right of way located between two homes was never utilized by the City, and Mr. Coalson made a motion this property be quit claimed to the two adjoining property owners, Mrs. Ruby W. Andrews of 2212 Old Spring Road and Mr. L. L. Kimberly of 2200 Old Spring Road. Mrs. Andrews and Mr. Kimberly would share the cost of attorney fees involved. Jack Shinall seconded the motion which carried by a 6-0 vote. Mr. Coalson said that the pavement on Cherokee Road at South Cobb was very rough and asked Jim David to look at it and see what could be done. Jerry Mills asked Attorney Camp about the status of the quit claim deed for the old city well on North Avenue, approved by council several months. Mr. Camp said that he had requested a survey be done and he has still not received it. The gentleman requesting the deed brought a copy of a tax map and the legal description could not be used because it was impossible to tell what portion may or may not be on adjacent properties. Attorney Camp was asked to report on the status of the Tattoo Parlor located on Cherokee Road. Mr. Camp said Inspector Dan Steely had made inquiries with the Cobb County Health Department, the Cobb County Medical Society, the Board of Medical Examiners, State of Georgia, and the Department of Human Resources (Environ- mental Health) and none of these agencies have any regulations concerning tattoo parlors per se, to determine that a tattoo parlor is a public nuisance in any way. Mr. Camp said it was his opinion that unless they were actually breaking a law or creating a nuisance by some other activity, the City cannot revoke a lawfully issued business license. We have no zoning regulations as to tattoo parlors, nor any business license restrictions. Continued - November 2, 1981 Mayor Johnson said that Cobb County has just received word that they will be eligible for block grants next year and council needs to meet before November 15th to decide whether or not the City of Smyrna will enter into joint application with other cities in Cobb County. The other option would be to apply separately, in competition with all other cities of our size throughout the State. Wendell Dean of Smyrna Cable TV said the election returns would be broadcast live tomorrow night, from City Hall. With no further business, meeting adjourned at 8:14 p.m. ************************ November 16, 1981 The regular scheduled meeting of Mayor and Council was held November 16, 1981, at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Bill Johnston, Public Works Director Jim David, Civil Defense Director Jim Farley, Building Inspector Dan Steely and representatives of the press. Invocation was given by John Steely, followed by the pledge to the flag. Proclamation: Mayor Johnson recognized Alton Curtis with the Smyrna Optimist Club who introduced Laura Casey, Clint Bridges and Paula Markevich, recipients of the Youth -Appreciation Week awards from their respective schools. Mayor Johnson read a proclamation in recognition -of -Youth Appreciation Week and presented it to Mr. Curtis. Certification of Election: Dusty Bennett, results of the November 3, 1981 election, Jim Tolleson made a motion the results be which carried by a 7-0 vote. There were no citizen reports. Superintendent of Elections, read the a copy to be made a part of these minutes. approved. Max Bacon seconded the motion Variance: Kentucky Fried Chicken on South Cobb Drive requested 'a variance to build to within 30 feet of the right of way. This request was tabled from the last meeting, at which time they requested a variance to build to within 20 feet of the' right of way. Elbert Coalson said a letter had been received from the State High- way Department stating the decision would be left to Mayor and Council. Mr. Coalson said he felt the new building would enhance the area and understood the existing structure was about to be condemned by the Fire Department, and made a motion the 30 foot setback be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Rezoning: Mr. Gene Barnes requested rezoning of property on the south side of Pat Mell Road in Land Lot 348, from R-15 to Residential Duplex. The rezoning was unanimously recommended for approval by the Planning and Zoning Board. Mrs. Sara F. Watkins, 562 Pat Mell Road said she was under the impression that the development would be for multi -family dwellings and would oppose a development of this type. Mrs. Watkins said traffic on Pat Mell Road.was already a problem and residents in the area have very low water pressure. Mayor Johnson said there would be only one building on the site, containing two units. Mrs. Davis of 524 Pat Mell Road asked how water and sewer service would be supplied. Jim David said the county lines would be used. Mrs. Davis said it would be difficult to tie onto the existing lines because they are too high. John Steely said any problems such as this would be worked out prior to the building permits being issued. Christine Spiker of 572 Pat Mell Road objected due to the existing traffic problem and the need for improved water and sewer service in the area. After further discussion, Elbert Coalson made a motion the rezoning request be approved. Jim Hawkins seconded the motion which carried by a 7-0 vote.