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02-20-1984 Regular MeetingFebruary 20, 1984 The regular scheduled meeting of Mayor and Council was held February 20, 1984 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 E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broy- les, Parks and. Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by Max Bacon, followed by the pledge to the flag. Citizens Reports: Walt Hendry appealed to Mayor and Council for their assistance in allowing him to tie onto the sewer line for his new home in Hickory Mill Sub- division. Mr. Camp had written Mr. Hendry a letter on February 3rd stating that the City may not use its power to condemn solely to benefit one individual to the detriment of another property owner. Mr. Hendry presented letters from Bob Sutton giving Cobb County's policy for tying onto sewer lines and also stated that sewage was available to this subdivision. Mr. Hendry said in view of the new evidence he felt the City should reconsider his request. After further discussion, Jack Shinall said we would make this an agenda item at the next meeting and give Mr. Camp additional time for research. e Annexation: Mayor Bacon said this was a public hearing to consider the annexation f of Rose Garden Hills Subdivision in Land Lots 665, 664, 705 & 704, the legal desc- ription having been read and made a part of the January 16, 1984 meeting. Mr. Paul White from the audience stated he was opposed for many reasons, based on what he had read in the newspapers. Mr. White said he objected to his tax money being used to make driveway repairs, install new street lights, etc., in this subdivision. Mr. White also questioned the value of dollars the City would spend in comparison with what we would receive. Mayor Bacon said city officials have met with the resi- dents in this area, and they realize improvements will take time, and will not be made overnight. Jim Tolleson said we had estimated it would _cost $180,OOO�for garbage cans, street lights, curbing, etc. but there is a good possibility that we will obtain a Federal grant. After further discussion, James Williams made a motion the property be annexed, to become a part of Ward 3. Jim Hawkins seconded the motion which carried 7-0. Ordinance Amendment: Jack Shinall said we had received a request that the zoning ordinance be amended as follows: Section 1506(b) Applications for review or recommendation by the Planning and Zoning Commission of the City of Smyrna may be continued or withdrawn only with the approval of the Commission, for due cause, not later than 3 business days prior to the date of hearing thereon. 1 All applications for rezoning must be submitted to the Zoning Office not later than 7 calendar days prior to the scheduled meeting of the Planning and Zoning Board. Jack Shinall made a motion the amendment be approved. Max Bacon seconded the motion which carried 7-0. Privilege License: Michael Steven Jacobs requested a beer and wine pouring license for Del Taco, 3811 South Cobb Drive. There were several- in.opposition, and.Mr. Jacobs was sworn in with Billy Raburn of Sharon Baptist Church representing the opposition. Mr•. Jacobs said the beer and . wine would be a convenience item for their customers and would probably be no more than 2% of their sales. He also understood that, all his employees would have to be 19 years of age. Max Bacon questioned the drive- in window and Mr. Jacobs said the beer and wine sales would be inside the restaurant only, and it was their policy not to sell through the window. They presently have a restaurant on Roswell Road and one on Sandy Plains Road and they have. had no problems in selling beer and wine. Max Bacon said that Section 3-64 of the Code prohibits minors from being in a licensed location unless accompanied by a parent or guardian, and Mr. Jacobs said he was not aware of the ordinance. Billy Raburn said he felt this establishment solicits business from minors and did not feel it would be to their benefit to make beer and wine available. He re- quested the license be denied because of the harm it would do to our community. February 20, 1984 - Continued Kathy Brooks said she also felt the beer and wine would hurt, rather than help _ their business, and made a motion the license be denied. Jim Hawkins seconded the motion which carried 7-0. Residential Business License: Al Burley requested a residential license for his business, Total Protection System, at 3330 Atlanta Street, Apt. J-12. There was no opposition and Mr. Burley had a letter from the resident manager of the apart- ments stating she had no objections. Mr. Burley said he would be using his home to put bids together and make telephone calls. He understood the home occupation ordinance and agreed to abide by it. Mr. Burley said he polishes cars, applies protective coatings and flame retardants but he would not have any paint or chem- icals stored at his home. Max Bacon made a motion the license be approved. Jim Tolleson- seconded. the motion which carried 7-0. Variance: Glen Robinson requested a variance on rear yard setback from 50 feet to 30 feet for" ari addition to his business, R-Value at 3255 S. Atlanta Street. Mr. Robinson said when the building was originally constructed 6 years ago his plans indicated a future extension of the building. At that time, the setback re- quirement was 30 feet. Since that time, the adjoining property was rezoned for townhomes and when he applied for a building permit, was told by Mr. Golden that a 50 foot setback was now required since his property adjoins residential rather than commercial zoning. Mr. Robinson said the owner of this property had refused to give his approval for the variance. Mr. Camp said the variance could be approved without a letter from the adjoining property owner and this is a classic case of what variances were made for, because of zoning changes in adjacent properties. Mr. Robinson said R-Value is an insulation supply company and they have now expanded into an insecticide line, but there are no chemicals at all being dispersed from the building. Mr. Chuck Wood said he was the developer of the project adjacent to Mr. Robinson's. They will build 49 fee simple units and have a considerable investment in the prop- erty for a high quality development. Mr. Wood said he felt the addition to the building would have a detrimental impact on 6 of his units. Mr. Doffineyer spoke and said he had a contract on one of these units and objected to this building being so close to the property line. He also felt their plans could be changed to allow the same amount of space without the variance. Max Bacon said he would like to see Mr. Robinson's original building plans and if what he said is true, a variance may not be required. Max made a motion this be tabled to the next meeting. Jack Shinall seconded the motion which carried 7- / 0. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Larry Dunn, and upon his recommendation, the following approved: (1) Waffle House requested a permit for new construction at 5240 South Cobb Drive at a total estimated cost of $70,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 7-0. Surplus Equipment: Jim Tolleson made a motion the 1975 backhoe from Public Works be declared surplus and used as a trade in for the new one. Max Bacon seconded the motion which carried 7-0. Jim Hawkins made a motion a 1965 Ford, ID 5A62X235785 from the Fire Department be declared surplus and put out for bids. James Williams seconded the motion which carried 7-0. Bid Opening: Bids for a new John Deere 310B backhoe were opened, read and recorded as follows: Forest Services, Inc. Backhoe $41,189.00 Less Trade in 18,014.00 Pads & Bucket 1,251.00 $24,426.00 Total February 20, 1984 - Continued Columbus Tractor Backhoe $32,416.12 Less Trade in 8,800.00 Pads & Bucket 1,057.23 $24,673.25 Total Metropolitan Tractor Backhoe $28,235..00 Less Trade in 9,000.00 Bucket & Pads 1,000.00 $20,235.00 Total Jim Tolleson made a motion the bids be turned over to committee with authority to accept or reject any or all bids. Hugh Ragan seconded the motion. After dis- cussion, the motion and second were withdrawn. Jim Tolleson then made a motion the bids be turned over to committee for review and return to full council for action at the next meeting. Hugh Ragan seconded the motion which carried 7-0. Bids for the renovation of the filter system for Church Street pool, a solar/thermal blanket and wind screen for King Springs Pool were opened, read and recorded as follows: Georgia Tent No bid f I Southern Gunite Filter system $13,180 Solar Blanket 4,975 Wind Screen *.No bid I Water -Tech No bid Lewis & Wiley Filter System $12,550 Solar Blanket 4,750 Wind Screen 9,817 (top) Wind Screen 6,560 (sides) Irwin & Mahaffey Filter System $14,486 Solar Blanket 6,700 Wind Screen No bid Sherry Reavis said she would like the bid for the solar blanket and wind screen awarded tonight, to have the pool ready for opening this Spring. The solar blanket is budgeted in grounds maintenance, the filter system budgeted in pool repairs and the wind screen approved from Revenue Sharing. Jack Shinall made a motion the solar blanket and wind screen be awarded to Lewis & Wiley, the low bidder and the bid on the filter system be turned over to committee with their recommendation back to full council at the next meeting. Max Bacon seconded the motion which car- ried 7-0. Jim Hawkins made a motion bids be requested for additional equipment for the Fire Department ladder truck, to be opened the last meeting in March. James Williams seconded the motion which carried 7-0. Jim Tolleson said there was a serious drainage problem on Village Parkway, under- mining some of the trees and shrubs just off the right of way. Jim Tolleson made a motion that $1,515 be approved from E&C Fund to install 200 feet of 18" drain pipe on Village Parkway. James Williams seconded the motion which carried 7-0. Committee Reports: Jim Tolleson said he was hoping the weather would improve soon so that street repairs can be made. Max Bacon said he had received a request from the Shriners asking for approval to sell tickets at roadblocks to raise money for the crippled children's hospital. Max said they would coordinate their plans with the police department on the days and times. James Williams welcomed the residents of Rose Garden Hills into the City. Jim Hawkins also said he appreciated the action they had taken by coming into the City and we are willing to help and serve them in any way possible. Jack Shinall said that after talking with Gene McIntyre, he learned the pool filter system should also be awarded tonight, and made a motion these repairs be awarded to Lewis & Wiley, the low bidder. Kathy Brooks seconded the motion which carried 7-0. February 20, 1984 - Continued Jack Shinall said the City of Smyrna would host the State swim meet .again this year and it appears it will pay for itself and also make money for the City. Also, on May lst there will be an exhibition softball game with the King and his Court at King Springs Park.. _ Next council meeting on March 12, 1984. With no further business, meeting adjourned at 9:13 P.M. BACON, MAYOR AME E . TOLLESON , 14RD/A. JAME LLIAMS, WARD 3 MAX BACON, WARD 2 AMES M. HAWKINS, WARD 4 k r G CHINALL, WARD 5 KATHY BR00 , WARD 6 HUGH RAGPA, WARD