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08-19-1985 Regular MeetingAugust 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. August 19, 1985 - Continued Rezoning: S. C. Carter requested rezoning of 1296 Sunset Avenue from Limited Commercial to General Commercial. There was no opposition. Mr. Carter said the house would be used for an antique shop, with some renovations made to the exterior. Also, the parking lot will be paved as required. The Planning and Zoning Board had recommended the zoning be approved and James Williams made a motion the zoning be approved as requested. Max Bacon seconded the motion which carried 6-0. Variance: Mrs. Frances Grant of 2720 Stone Creek Road requested a variance from Section 402.25 of the zoning ordinance to allow her to rent the basement of her home. Mrs. Grant was not present. Jack Shinall said Mrs. Grant's letter expressed the need for the additional income to care for her and a disabled child. Jack said he sympathized with her needs but council has made a tough stand on apartment rentals within residential areas and made a motion the request be denied. Kathy Brooks seconded the motion which carried 6-0. Variance: N. C. Sloan requested a variance of the rear yard setback requirements for construction of a new Union Oil at 2691 South Cobb Drive. There was no opposition and Attorney Ed Andrews represented Mr. Sloan. Mr. Andrews said Union Oil has operated at this location since 1963 but times have changed and unless they can have a food store they will not have a reasonable margin of profit. Mr. Andrews said they need a variance of 16 feet on the setback and the property owners to the rear are not opposed. In October, 1984 they requested this same variance but at the time were asked to get approval from the Department of Transportation. Council was under the impression then that the State wanted 7 to 8 feet of right of way and wanted one of the driveways closed. They have talked with DOT and were told that they cannot require them to close an existing driveway and also have no desire for an additional strip of property along Powder Springs Street. Mr. Andrews said if the variance was denied they would not be able to compete and it would place an undue hardship on them. Mr. Sloan said the proposed building is approximately 1600 square feet and is a standard size for Union Oil. There was some discussion concerning the size of the building compared to the Amoco building on the adjacent corner. Jack Shinall said council required Amoco to place no left turn signs on Powder Spring Street from 4:00 to 6:00 p.m. for safety reasons and asked if they would also be willing to do the same. Mr. Sloan said he did not see any problem in prohibiting left turns between those hours. After further discussion Kathy Brooks made a motion the variance be tabled to the next meeting until they can determine the size of the Amoco building. Hugh Ragan seconded the motion which carried 6-0. Robin Allgeyer requested approval to move the construction trailer from Countryside Condominiums at 2300 Spring Road to Country Park Drive for a 12 month period. Bob Davis made a motion the construction trailer be approved for 12 months. Jack Shinall seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) Shell Oil Company requested a building permit for remodeling at 2875 South Cobb Drive at a total estimated cost of $50,000. Jack Shinall made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. James Williams seconded the motion which carried 6-0. 2) D'Lites of America requested a building permit for new construction at 3245 South Cobb Drive at a total estimated cost of $189,000. 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. 3) Raymond Fowler requested a building permit for new construction at 1330 Concord Road at a total estimated cost of $130,000. James Williams 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. 4) Hatcher & Sons requested a building permit for an office/warehouse addition at 2885 Atlanta Road at a total estimated cost of $25,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 6-0. 5) Bob Blough requested a building permit for tenant finish at 1860 Spring Road at a total estimated cost of $6,000. Bob Davis made a motion the permit August 19, 1985 - Continued be approved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 6-0. 6) Enterprise Leasing requested a building permit for a parking pad at 2781 Woodland Terrace at a total estimated cost of $15,000. Hugh Ragan 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. 7) W. H. Clary requested a building permit for tenant finish at 2585-A Spring Road at a total estiamted cost of $20,000. Bob Davis made a motion the permit be approveci subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. Appointment of Election Superintendent: Jack Shinall made a motion that Sarah Jones Monsour be appointed Election Superintendent for the November 5th election. Hugh Ragan seconded the motion which carried 6-0. Jim Hawkins said we learned today that the State Election Code requires a qualification fee of 3% of the salary for the position; therefore qualifying fees for Mayor will be $180 and $117 for council members. These fees will be posted in City Hall and advertised. Validation of Signatures: Attorney Camp read an application for annexation by Glenda W. Brennan as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 243 of the 17th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found at the intersection of the east land lot line of Land Lot 243 and the north right of way line of Fawn Lane, said iron pin being located 68± feet from the corner common to Land Lots 243, 244, 262 and 261; running thence north along the eastern land lot line of Land Lot 243 a distance of 182.95 feet to an iron pin found; thence westerly a distance of 126.19 feet to an iron pin found; thence southeasterly a distance of 191.51 feet to an iron pin located on the north right of way line of Fawn Lane; thence easterly 92.00 feet along the north right of way line of Fawn Lane to the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of 60% of the electors resident in the area described below: s/GLENDA W. BRENNAN Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/GLENDA W. BRENNAN Hugh Ragan made a motion the signature be validated and the public hearing set for September 16, 1985. Max Bacon seconded the motion which carried 6-0. Bid Award: John Patterson said on July 15th, council instructed staff to secure bids for construction of a 6" water main to tie into the existing city system and extend to the Churchill Down development. Bids were requested from six firms with three bidding and Mr. Patterson recommended the low bid from Bobby W. Collier at $6,091.21 be accepted and paid from the E&C Fund. James Williams made a motion the bid be awarded to Bobby W. Collier. Jack Shinall seconded the motion which carried 6-0. Happy Hour Ordinance: Jim Hawkins said the Cobb County commission had recently passed an ordinance banning happy hours subject to other cities in Cobb approving August 19, 1985 - Continued a similar ordinance. Max Bacon said we received a copy of the county ordinance today and have not had time to review it. Max Bacon made a motion the ordinance approval be scheduled for the second meeting in September. James Williams seconded the motion which carried 6-0. Jack Shinall made a motion the first meeting in September be changed to September 3rd because of the Labor Day holiday. James Williams seconded the motion which carried 6-0. Committee Reports: Kathy Brooks reported that Mike Hutchinson was the proud father of a new baby girl. Kathy Brooks also asked Vic to check the timing of the light on Cherokee Road because it does not seem to be holding green long enough. With no further business, meeting adjourned at 8:30 p.m. ARTHUR T. BACON, MAYOR DAVIS, WARD LLIAMS, WARD 3 JACK SHINALL, WARD 5 HUGH RA AN, WARD' WILJ�0 ISE C. SPIVEY, CIT CLERK L MAX BACON, WARD 2 Z6 "Azw---o iJA�MES M. HAWKINS, WARD 4 KATHY BRO , WIFRD 6 CITY MARSHAL I, Robin Broyles , do solemnly swear that I will well and truly demean myself as City Marshal of the City of Smyrna for the time I serve in this capacity, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY MARSHAL act as I believe for the best interest of said City. So help me God. AW- C.� �.1 �1 :. /• Robini •yles Subscribed and sworn to before me this 29th day of August, 1985 Arthur T. Bacon, Mayor