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08-05-1985 Regular MeetingAugust 5, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 5, 1985. The meeting was called to order at 7:30 o'clock .�' p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Police Chief R. E. Little, Fire Chief Larry Williams, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Dameron, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Jim Hawkins said that Mayor Bacon was a little bit under the weather tonight and not able to attend the meeting. Citizens Reports: Bob Arnold complained of the eyesore caused by AAA Cab at the corner of Concord and Spring. Mr. Arnold said they were running a junk yard there and this is the second busiest intersection in the City. Jim Hawkins said this matter has been reported to the City Marshal and he is looking into it now. Jay Wallace represented the Smyrna Jaycees and requested a roadblock for the Muscular Dystrophy Drive on August 17 & 18 at the intersections of Spring & Hargrove and Cherokee & South Cobb Drive from 10 to 6 Saturday and 1 to 6 Sunday. Jim Hawkins asked Mr. Wallace to coordinate with the Police Department. Betty Evans with AAA Cab said they had recently been contacted by the City concerning some changes they need to make to their equipment and had several• other questions concerning the ordinance regulating taxi services. Jim Hawkins asked Ms. Evans to make an appointment to meet with John Patterson to discuss these problems. George Holt, Executive Director of the Georgia Fire Training Council read and presented a resolution to Fire Chief Larry Williams in recognition of the department's efforts and cooperation in successfully completing the requirements for a certified Fire Department. Chief Williams said that every employee of the Fire Department took the test and we should be proud of them. Executive Golf, Inc. Jack Shinall said we have been presented with two agreements to be signed tonight for Executive Golf, Inc. and read a resolution as follows: WHEREAS: The City of Smyrna has heretofore entered into a concession agreement for the development of golf course and attendant facilities on a portion of the property known as North Smyrna; and WHEREAS: It is necessary and desirable by the concessionaire to obtain financing to make the necessary improvements and construction; and WHEREAS: The City has the right to approve the financing arrangements made by the concessionaire, without the City incurring any liability whatsoever for repayment or otherwise; now THEREFORE: BE IT RESOLVED that the Mayor and Council of Smyrna hereby consents to the actions of the concessionaire in the assignment of the Concession Agreement to the Cobb County Development Authority as security for the bonds to be issued by the said authority, to enable Executive Golf Associates (the successor Concessionaire) to develop and construct the golf course at North Smyrna Park. Further, insofar as approval of any proposed bondholder may be implied, the "private placement" of any bond issue to the Chattahoochee Bank is hereby approved. Provided however, nothing herein contained shall imply the assumption of any liability on behalf of the City of Smyrna and the City shall not have any liability or responsibility for the repayment of the bonds or any other expense incurred in the project. Attorney Camp said these agreements will not place any additional liability on the City and will have no effect on the portion of the income we will receive; it will allow Executive Golf to obtain funds at a lower interest rate for their construction. Jack Shinall made a motion the resolution be approved and the Mayor or Mayor Protem be authorized to sign the Agreement of Assignment, Assumption and Attornment and the Agreement to Substitute Parties. Max Bacon seconded the motion which carried 60. Mr. Camp said he had been assured by the attorneys for Executive Golf that there would not be any more agreements to be signed after this. August 5, 1985 - Continued Rezoning: Ted Jones with Avesta Realty represented Mrs. Jack L. Atkinson in her request to rezone property in Land Lot 523 located at 1254 Concord Road from Future Commercial to Limited Commercial. There was no opposition. Mr. Jones said this property is joined by Limited Commercial zoning on the south side and Future Commercial on the north side. The existing house will be renovated and used for offices. Jack Shinall said he would like for Mrs. Atkinson to give us something in writing to the effect that Mr. Jones was authorized to represent her in this request. Max Bacon said the Planning and Zoning Board had recommended the zoning be approved and made a motion the zoning be approved as requested. Bob Davis seconded the motion which carried 6-0. Privilege License: Michael John Kostas requested a beer pouring license for Pickles Deli, Inc., 3807 South Cobb Drive. There was no opposition. Mr. Kostas said he was a chiropractor with his office located on Floyd Road at South Cobb Drive but had recently invested. in the deli and was part .owner. They were requesting the license to be able to serve beer with meals, at the request of some of their customers. Max Bacon said that in past years we have had a good deal of trouble at this location and asked Mr. Kostas if he was aware of that. Mr. Bob Goodman, also one of the principals involved said he would not serve beer without food and would only be open until 8:00 p.m. After further discussion Bob Davis made a motion the license be approved, seconded by Jack Shinall. Vote on the motion carried 6-0. Variance: Hardee's at 2654 New Spring Road requested a variance to increase the height and square footage of their existing sign. Hugh Black, Regional Director of Operations with Hardee's was present along with Alton Abernathy with Henry Neon Signs. There was no opposition. Mr. Black said the existing sign was not visible from U.S. 41 and with the construction of the new 7 story Day's Inn, it would be even more difficult to see. They were requesting a 10 x 29' sign on an 80' pole which is one of Hardee's standard signs. Mr. Black said they felt increasing the size of the sign would definitely increase their business, possibly by as much as 30%. If denied, it would place an undue hardship on them especially when the hotel is completed. Bob Davis said he had inspected the site and could understand their situation and made a motion the variance be approved. Jack Shinall seconded the motion which carried 4-2, with Kathy Brooks and James Williams opposed. Commercial Building Permits: Commercial building permits were presented by Kathy Brooks and recorded as follows: 1) Construction Steel, Inc. requested a building permit for an addition to the front of the building at 1772 Corn Road at a total estimated cost of $25,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. 2) Trammell Crow requested a building permit for tenant finish at 1950 Lake Park Drive at a total estimated cost of $11,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. 3) Larry South requested a building permit for roof repair at the 1st Methodist Church on Concord Road at a total estimated cost of $38,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. 4) J. D. Daniel requested a building permit for interior renovation at Dunaway's, 2953 Atlanta Road at a total estimated cost of $45,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. 5) J. D. Daniel requested a building permit for constructon of a new facia at 2957 Atlanta Road at a total estimated cost of $50,000. Bob Davis made a motion the permit be approved subject to approval of the City engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. 6) E. L. Ruus requested a building permit for the Trans Am Building at 1200 Wilson Way at a total estimated cost of $1,247,000. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. August 5, 1985 - Continued Max Bacon stated at the last meeting a building permit for Exxon for new construction on Atlanta Road @ Spring was tabled and said the Department of Transportation had requested that we hold this permit until they can review the plans. Moratorium - Multi -Family Rezonings: Max Bacon said he hoped this would be the last time we would have to extend the moratorium on multi -family rezonings. Final plans have been received from Hensley -Schmidt but there are still some things that need to be considered, one being an impact fee. Max made a motion the moratorium be extended another 60 days, seconded by Hugh Ragan. Vote on the motion carried 6-0. Moratorium - Home Occupation Licenses: Kathy Brooks said the format for applying for a home occupation license had been completely changed along with the ordinance amendment as well as increasing fees and requiring an annual review before renewal. Kathy made a motion the moratorium on home occupation licenses be lifted. Bob Davis seconded the motion which carried 6-0. Resolution: Jack Shinall read a resolution endorsing the rescinding of the Georgia Motor Vehicle Emission Inspection & Maintenance Act as follows and stated the law was prejudice by singling out certain counties to comply. WHEREAS: The 1979 Georgia Motor Vehicle Emission, Inspection and Maintenance Act requires all cars in "selected Areas" to be inspected for emissions; and WHEREAS: Senate Bill 115 requires a validation sticker to be issued prior to the licensing or operating of a motor vehicle, effective January 1, 1986; and WHEREAS: The Senate Bill 115 will require a $5.00 fee and great inconvenience for each emission inspection; and WHEREAS: The major contributors to emissions in Cobb County come from those residents of other counties passing through the county for employment purposes; and WHEREAS: The Act is discriminatory in requiring only those motor vehicles registered or licensed in counties with more than 200,000 motor vehicles to be inspected; and WHEREAS: Air quality problems are'not prevalent in Cobb County; now THEREFORE: BE IT RESOLVED that the Mayor and City Council of the City of Smyrna hereby record their oppositon of the Georgia Motor Vehicle Emissions Inspection & Maintenance Act and the provisions of S.B. 115 and urge the Cobb delegation of the Georgia General Assembly to introduce legislation rescinding this Act. Jack Shinall made a motion the resolution be approved and presented to the Secretary of the Cobb County delegation. Max Bacon seconded the motion which carried 6-0. Approval of Minutes: James Williams made a motion the minutes of July 1 & 15 be approved as submitted. Kathy Brooks seconded the motion which carried 6-0. Appointment - Clean City Commission: Jim Hawkins made a motion that Marlene Lawson be appointed to the Clean City Commission representing Ward 4. Bob Davis seconded the motion which carried 6-0. Election Qualification Dates: Upon the recommendation of Jim Hawkins, Jack Shinall made a motion that September 16 through 18, 1985 be set as qualifying dates for the November 5 election. James Williams seconded the motion which carried 6-0. ` Resolution: Bob Davis made a motion a resolution be approved for the Mayor and Council of the City of Smyrna to approve the issuance of multifamily housing revenue bonds by the Housing Authority of the City of Smyrna, Georgia for the benefit of F&M Villages, Ltd. James Williams seconded the motion which carried 6-0. Committee Reports: (Library) Doris Morris said the summer reading program was very successful and read the list of grand prize winners by age group. August 5, 1985 - Continued Jim Belk gave a report on the sewer rehabilitation project. (Water) James Williams said we are working on an ordinance concerning litter and illegal dumping and will possibly solicit the help of the Clean City Commission and Police Department to help us enforce it. Their goal is to let people know that if they litter, it will cost them. Jack Shinall asked Larry Dunn to check the yard at 2881 Sherwood Road again as it has gotten worse instead of better. Kathy Brooks thanked Vic Broyles for getting the traffic light back up on Cherokee Road at Burbank. Jack Shinall said we are constantly hearing complaints of creek erosion and deterioration of banks along creeks and there is always some question about what the City can and cannot do. Jack asked Chuck Camp and John Patterson to get together to see what ground we are on when it comes to creek deterioration, blockages, etc. (Parks) Sherry Reavis reported on parks activities. With no further business, meeting adjourned at 8:40 p.m. August 19, 1985 The regular scheduled meeting of Mayor and Council was held August 19, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Police Chief R. E. Little, Fire Chief Larry Williams, Public Works Director Vic Broyles, Emergency Management Director Jim Farley, Parks Superintendent Jimmy Hinson, Building Inspector Scott Stokes, Librarian Doris Morris, Assistant City Clerk Melinda Dameron and representatives of the press. Jim Hawkins said that Mayor Bacon was back in the hospital and wished him well. Invocation was given by Jim Hawkins followed by the pledge to the flag. Citizens Reports: Olivia Moore owner of the Dunkin Donuts on South Cobb Drive stated she was concerned over a situation at Jonquil Skating Rink. On Sunday nights Mrs. Moore said there were 2,000 to 3,000 people at the rink between the ages of 14 to 22 and 90% of the cars were from DeKalb, Fulton and Gwinnett counties. They are congregating at her place of business as well as the Burger King and Krystal and the language and abuse has gotten so bad that she cannot get anyone to work at night. Smyrna Hill Drive is blocked by cars parking there and it would be impossible for a fire truck to pass. Mrs. Moore said she was also concerned about the number of people in the skating rink in case of fire and the drinking and loitering in the Dickson Shopping Center area. Linda Wahl of 741 So. Sherwood Road also complained of the noise from the skating rink and cars parking on the street. Ms. Wahl said they owned the mobile home park on Sherwood Road and residents there were concerned for their safety in case of fire, because it would be impossible for a fire truck to pass. The noise is so loud they cannot sleep at night and threats have been made against some residents who have asked them to move their cars. Jim Hawkins said council had recently been made aware of the situation and the City would do everything within its power to relieve the situation, and assured both ladies that something would be done by this Sunday night. Kathy Hause represented the postal workers of Smyrna and requested permission to hold a road block to collect money for Muscular Dystrophy. Jim Hawkins asked Ms. Hause to clear everything with Chief Little and council would have no / objections.