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11-04-1985 Regular MeetingNovember 4, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on November 4, 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, Assistant City Clerk Melinda Dameron, Police Chief R. E. Little, Librarian Doris Morris and representatives of the press. Jim Hawkins said this was the first meeting he had not looked forward to presiding over because of the loss of Mayor Bacon on October 26th. Jim said he would be very badly missed and extended his sympathies to the Bacon family. Following a moment of silent prayer, the invocation was given by Jim Hawkins followed by the pledge to the flag. Jim Hawkins also reminded everyone that tomorrow was an election day and even though three council seats were unopposed, all polls would be open since the referendum for four-year terms is on the ballot. Jim Hawkins read a proclamation for "Youth Appreciation Week" and presented it to Nick Monsour representing the Smyrna Optimist Club. PUBLIC INPUT: Tina Wright, a resident of Pat Mell Road expressed her appreciation for the 4-way stop sign recently placed on Pat Mell Road at Harold Lane. Ms. Wright stated this is a dangerous intersection and the sign has helped tremendously. Jim Hawkins said the Charter calls for a successor to be appointed to the Mayor's seat within 30 days. Jim stated that at the next meeting council will have made a decision as to who will full the unexpired term of Mayor Bacon and that person will be sworn in. DEPARTMENTAL REPORTS: Chief Little said the Police Department is operating in its normally efficient manner. The guns and leather recently ordered has been arriving piecemeal and will be issued when everything has been received. The Civil Service Board has submitted 9 names for investigation as possible candidates for employment and will probably have more names to submit later on. Doris Morris stated the October circulation in the Library was 4,682 and the book collecion was increased to 49,686. Also, 155 new membership cards were issued. Mrs. Morris invited council and citizens to visit the library November 11-17 for Childrens Book Week. PUBLIC HEARINGS: (A) Variance to reduce number of parking spaces for Days Inn. Mark Smith represented Days Inn and there was no opposition. John Patterson said that some time ago, Days Inn was granted a reduction in parking spaces from 183 to 153, the reason being that they would not have a restaurant or lounge. They now have applied for a pouring license but must have a restaurant to serve alcoholic beverages. 13 spaces are needed to meet requirements of the ordinance. Mr. Smith stated that as a condition to receiving a curb cut, they had given some of their property to the State for construction of the Spring Road connector, some of which could have been used for parking. When the connector is completed, Curtis Drive will be closed and at that time they can provide an additional 11 spaces. The reduction in parking spaces will not cause an additional burden since only their registered guests will be customers. This will be a small restaurant with a limited menu, exclusive for hotel guests. Bob Davis made a motion the reduction in parking spaces be approved. Hugh Ragan seconded the motion which carried 5-0. James Williams abstained, stating he was employed by Days Inns of America. (B) Variance to reduce front yard setback requirement at Mom & Pops Family Food Store, 1687 Windy Hill Road. John Cory, owner of the food store requested the variance and there was no oppo- sition. John Patterson said that Mr. Cory wished to place a 20 x 24 foot canopy over the gas pumps at this location which would extend to 8' feet from the right of way and about 20� feet from the pavement. James Williams asked Mr. Cory if there was any way possible that he could move the canopy closer to the building and away from the road. Mr. Cory said they could, but the islands would not be covered and protected from the weather on both sides and would defeat their purpose November 4, 1985 - Continued James Williams said there were some concerns about placing the canopy this close to the right of way but they would like to help Mr. Cory. Following discussion, James Williams said he would like to table this to the next meeting because if it is denied tonight it would be one year before Mr. Cory could reapply for the variance. Jack Shinall made a motion the variance be tabled to November 18th to give Mr. Cory time to meet with our city engineer. James Williams seconded the motion which carried 6-0. (D) Transfer of pouring license for El Tortito Restaurants d/b/a Casa Gallardo Mexican Restaurant. William L. Kallbreier, Jr. was represented by attorney Nancy Saul and there was no opposition. John Patterson said that El Torito has purchased the land and building but the establishment will continue to operate under the name of Casa Gallardo. Ms. Saul said that in addition to the transfer, they were also requesting that they be given extra time to pick the license up because the sale of the property will not be final until November 18th and our ordinance requires that the license be picked up within 2 weeks of approval. Mr. Kallbreier said he was the general manager of Casa Gallardo now and would continue to hold the license until the transaction was complete. Following discussion Bob Davis made a motion the license transfer be approved effective November 18, 1985, subject to proof of ownership by E1 Torito. Jack Shinall seconded the motion which carried 6-0. Mr. Kallbreier was also reminded that the Sunday Sales permit is non-transferrable and he would need to make additional application for Sunday sales. (D) Annexation of 25.526 acres in Land Lots 532 and 533. Lillian Castleberry requested annexation of this property fronting on Mavell Road and Cooper Lake Road and there was one person in opposition. All were sworn in by Attorney Camp. Mark Britanisky of 4467 King Spring Road spoke in opposition stating his property joins the Castleberry property. He has attended several meetings to discuss the development and felt until the developer and community could reach an agreement the annexation should be tabled. Mr. Britanisky said they were in the process of negotiation but felt if the property was annexed tonight before _the zoning request was brought up, the, homeowners would be at a disadvantage because they are not city residents. Hugh Ragan said he had personally attended three meetings on the development of this property and this issue has been going on for the last 4 or 5 months. Hugh said he wanted to be fair to everyone involved but also reminded Mr. Britanisky that this annexation had nothing to do with a zoning request. Richard Newton represented Mrs. Castleberry and he said they have already met with the homeowners at least four times and they have met or exceeded their recommendations. Mr. Newton said they have worked diligently and consistently with the homeowners and would continue to do so, but they were not interested in postponing the annexation. The differences in their opinions now only meant the difference of 7 homes in the entire development and they would continue in trying to reach a reasonable compromise. Also, Mrs. Castleberry is the owner of the property and it would not be fair to her to continue this hearing further. Following a question from Jack Shinall, Mr. Newton said they understood fully that this annexation would not promise or guarantee that a zoning would be approved. After further discussion, Hugh Ragan made a motion the property be annexed into the City to become a part of Ward 7, the legal description having been read and made a part of the minutes of the October 7, 1985 meeting. Bob Davis seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Ordinance amendment: Burglar and Fire Alarms Kathy Brooks stated that 1,175 fire and police false alarms had been received since January 1, 1985, caused partially by some businesses not maintaining their alarm system. Attorney Camp read a proposed ordinance as follows: Sec. 15�-1 Number of false alarms; free response limited. Every establishment or residence within the city limits having an electronic, telephone, or mechanical burglar or fire alarm system, including those alarms November 4. 1985 - Continued which are audible or visible on premises, shall be entitled to report a combined maximum of three (3) false alarms, to which the police department or fire department will respond, without charge in each calendar quarter. Sec. 152-2 Same; administrative fees in certain cases. An administrative fee of $25 is hereby imposed for each false alarm in excess of the limits stated in section 152-1. Sec. 152-3 Natural disturbances not counted against limitation. Whenever four (4) or more alarms from separate establishments or residences within the City are received on the control panel or by telephone at the law enforcement center or fire department, within any 30 minute period, which sub- sequently turn out to be false alarms, the same shall be presumed to be caused by natural disturabances (such as electrical storms, etc.) whereby no charge shall be imposed by the city nor shall alarms occurring during such periods be counted toward the allowance above. Sec. 152-4 Grace period for new installations. No alarms shall be counted during the initial 30 days from date of each new installation. Sec. 152-5 False alarm, defined. "False alarm" means an alarm signal or, recorded message indicating, in the case of a burglar alarm, an attempted or unauthorized intrusion into a structure or the attempted commission of a crime, or indicating, in the case of a fire alarm, the presence of fire or excessive smoke or heat, when in fact no evidence exists upon inspecion of the premises upon response to such alarm that, in the case of a burglar alarm, that unauthorized intrusion or crime was attempted or committed in or about the structure, or in the case of fire alarm, that no evidence exists of fire, excessive smoke, or heat. Sec. 152-6 Determination of false alarm. The investigating police officer or fire fighter responding to an alarm shall determine if the alarm is a false alarm. Sec. 152-7 Tampering with alarm system. It shall be unlawful for any person to tamper in any manner with the fire alarm box, switch, wiring or any other portion of the fire alarm system, and the same shall be punishable by imprisonment or fine not to exceed $500.00. John Patterson said he thought the ordinance would encourage business owners to maintain the alarms properly. Kathy Brooks made a motion the amendment be approved. James Williams seconded the motion which carried 6-0. (B) Approval of minutes of October 7 and 21. Jack Shinall made a motion the minutes of October Kathy Brooks seconded the motion which carried be made to the minutes of October 21st and they at the next meeting. 7, 1985 be approved as submitted. 6-0. There were corrections to will be submitted for approval AWARD OF BID: John Patterson said that bid requests were with five bidding on a vehicle for the Parks Department. Strother Ford at $8,199 for a 1986 Tempo. This will be an during the day and used by the Park Rangers at night. Jack the low bid from Strother Ford be accepted, to be paid James Williams seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: mailed to eight firms The low bid was from administrative vehicle Shinall made a motion from Revenue Sharing. (A) Decatur Federal Saving & Loan requested a building permit for renovation at Cobb Center Mall at an estimated cost of $52,000. Kathy Brooks 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. (2) Smyrna Hospital requested a building permit for remodeling at a total estimated cost of $19,119. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 6-0. ° (3) Ridgeview Institute requested a building permit for internal office construction at a total estimated cost of $12,500. Hugh Ragan made a motion the permit be November 4, 1985 - Continued ' approved subject to approval of the City Engineer and Fire Marshal. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: On behalf of the entire Bacon family, Max Bacon thanked everyone for the support they received during their time of grief. Max Bacon said he has again been receiving complaints about the pizza delivery cars and asked John Patterson to look into this problem. Jim Hawkins thanked the Parks and Recreation staff, Cobb Center merchants, the American Legion Auxiliary and all civic clubs involved for a good Halloween Carnival this year. With no further business, meeting adjourned at 8:40 p.m. November 18, 1985 The regular scheduled meeting of Mayor and Council was held on November 18, 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, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams, Clean City Coordinator Elsie Rape, and representatives of the press. Following a moment of silent prayer in memory =of- Arthur. T;- Bacon, invocation was given by Reverend Al Turnell from the First Methodist Church, followed by the pledge to the flag. CERTIFICATION OF-'EtEdTIONE Election Superintendent -Sarah Monsour read the results of the November 5, 1985 City and special election. Hugh Ragan made a ^motion the election results be certified. James Williams seconded the motion which carried 6-0. APPOINTMENTS TO FILL UNEXPIRED TERMS: Jim Hawkins stated that Section 8 of the Charter requires that a successor be appointed to fill the office of Mayor within 30 days and this is the last meeting where that requirement can be met. Jim said that .Max Bacon was .the Mayor -elect and .recommended :.that he be appointed to fill the unexpired term of Arthur Bacon. Jack ;Shinall made a motion Max Bacon be appointed to fill the unexpired term of his father, Arthur T. Bacon. James Williams seconded the motion which carried 6-0. Max Bacon introduced members of his family and was sworn in by State Court Judge Ken Nix. Max said .that everyone would miss Arthur Bacon and he could not replace him. Max thanked council for their vote of confidence and especially Jim Hawkins who served as Mayor Protem during difficult times and helped keep council together. The next few years will be very important to the City with our growth rate but we will not sacrifice quality for quantity. Max said he looked forward to the next 2 years and hoped to make a great city greater. Upon the recommendation of Max Bacon, Bob Davis made a motion that Joel Harrell be appointed to fill the unexpired term of Max Bacon for the Ward 2 council seat. Jim Hawkins seconded the motion which carried 6-0. Joel Harrell introduced members of his family and was sworn in by Judge Ken Nix. Joel said he was looking forward to serving on council and would always strive to do his best for the city. PUBLIC INPUT: Nancy Williams represented the Smyrna Jaycees and requested permission to hold road blocks on November 30th, December 1st, 14th and 15th at Spring and Hargrove Road and Cherokee at South Cobb to benefit the Empty Stocking Fund. Max Bacon asked that they coordinate their plans with Chief Little. DEPARTMENT REPORTS: John Patterson said that as of October 31st, with the first quarter of the fiscal year complete, the City is in good financial condition. Most departments are well within their budget and revenues are continuing to come in, with taxes being the largest producer in the last month. November 15th was the deadline for taxes and on that date we received a sizeable amount of tax monies. Mr. Patterson said we have made good investments, with no money idle in any account.