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08-18-1980 Regular Meeting(Continuation of August 4, 1980 Meeting) they could possibly be moved, they would. Legally, however, there is nothing that the City can do to have the reels removed. Jack Shinall reported the City had not experienced any water shortages. Elbert Coalson read the letter from Wink Winkenhofer to Mayor and Council explain- ing the change in emergency ambulance service. He assured Mr. Winkenhofer we would do everything we could to educate the public and asked the press to give it as much publicity as possible. John Steely said the Senior Citizens Center was complete except for some minor details. The grand opening will be around the middle of September. John commended Bill and his staff for the good job they did at the swim meet. John said we have submitted our tentative agreement for North Smyrna Park to the State but have not heard from them. Announcements: Next council meeting on August 18th. Meeting adjourned at 8:25 p.m. August 18, 1980 The regular scheduled meeting of Mayor and Council was held August 18, 1980, at City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief Everett Little, Finance Director Gunter Newsom, Building Inspector Dan Steely, Parks and Recreation Director Bill Johnston, Assistant Fire Chief Hubert Cochran, Public Works Director Jim David, Civil Defense Director Jim Farley and representa- tives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Citizens Reports: Ferrell Bentley of the Smyrna Jaycees requested a permit for --the :Jaycees to hold a road -block for the purpose of collecting funds for Muscular Dystrophy, on August 23rd from 10:00 a.m. until 4:00 p.m. at Spring and Hargrove, and on Sunday from 12:00 noon to 6:00 p.m. at South Cobb -Drive and Spring Road. Mr. Bentley was advised to check with Police Chief Little. Ms. Pearl Lane of 825 Flagler Circle stated she has been having trouble with the creek behind her house. It has widened over the years and is now within three feet of her home. She stated a rock wall was put in but collapsed within about eight months, and the only way to correct the problem is to lay pipes. Water from several streets drains into this branch, making it rapid and erosive during a big rain. Jerry Mills stated she does have a real problem and the water will get the to the house soon. John Steely said he could understand her problems but we had this same condition all over the City. Jim Tolleson and Jim Hawkins also said they had the same problems in their ward. Jerry Mills made a motion to approve the cost of running pipe from one end of the house to the other end, approximately 40 feet, in order to protect the house, for an estimated cost of $7500 to be paid from State Grants. Elbert Coalson seconded the motion. After discussion the motion lost by a 3-4 vote. Jerry Mills, Jim Hawkins and Elbert Coalson voted for. Jim Tolleson, John Steely, Jack Shinall and Max Bacon voted against. Elbert Coalson said he would like Mayor and Council to pay tribute to Clarence 0. Canada who passed away last week. Mr. Canada served on City Council for ten (10) years and did a lot for this city. He was especially dedicated to the Parks and Recreation Department and served as Chairman of that committee several years. Approval of Management Changes: Malt Beverage and Wine License Jim Hawkins read the list of six (6) management changes and addresses and also a cover letter from the Police Department stating that department does not, as of (Continuation of August 18, 1980 Meeting) this date, reflect any factors that would prevent applicants from obtaining license requested provided Council sees fit to grant same. Jim Hawkins made a motion the management changes be approved. Jerry Mills seconded the motion. Motion and second was withdrawn when the Mayor.stated each applicant should be voted on individually: (1) Pop's Package Store, 1669 Spring Road: Jack.Shinall made a motion the management change for._Pop's Package Store be approved. Jim Tolleson seconded the motion which carried by a 7-0 vote. (2) A&P Food Store, 2532 Atlanta Road: Jerry Mills made a motion the management change for A&P FoodStore be approved. Max Bacon seconded the motion which carried by a 7-0 vote. (3) Sons of Italy Restaurant, 2569 Cobb,Parkway: Jerry. Mills made a motion the management change for Sons of Italy be approved. Jim Hawkins seconded the motion which carried by a-7-0 vote. (4) Supertest Oil Corp., 2096 Atlanta Road: Jim Hawkins made a motion the management change for Supertest-.Oil Corp.,�be approved -.Jim-Tolleson-- seconded the motion which carried by a 7-0 vote. (5) Seven -Eleven Corp., 2539 Old Concord Road: Jack Shinall made a motion the management change for -Seven -Eleven Corp. be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. (6) Seven -Eleven Corp., 1828 Spring Road: Jim Tolleson made a motion the management: -change for Seven -Eleven Corp. be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. Zoning Request: J. Gadsden Russell, F. Russell Davis, Jr. and Edwin G. Lane, Jr., requested property located at 1275 Concord Road be rezoned from R-15 to L.C. There was no opposition to the rezoning. Attorney Jones represented the partitioners and stated the house was to be renovated for rental as commercial office space. No entrances will be made into Concord Road at this time. Rezoning was recommended by the Planning and Zoning Board. Jim Hawkins made a motion this rezoning be approved. Max Bacon seconded the motion which carried by a 7-0 vote. Variance Request: Joe Briglevich's request for a variance which was tabled at the August 4, 1980 meeting was brought off table. Mr. Briglevich explained "hat Smyrna Hospital owned property on which he wished to build doctor's offices. Each doctor will purchase his condominium -type office building, which will be taxable. In exchange for the land, one building will be built for Smyrna Hospital. This property is located adjacent to the property line between Smyrna Hospital and Ridgeview Institute, and the variance requested is a side yard variance from 15 feet to 5 feet on Smyrna Hospital property, bordering the Ridgeview Institute property. Ridgeview Institute had no objections to the variance being approved. Mr. Orr, Administrator for Smyrna Hospital, was present, and stated they had no objection to the variance being granted. Jack Shinall made a motion the variance requested by Mr. Briglevich, from 15 feet to 5 feet, be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. Variance Request: Tumo Construction, Inc., requested a front and side setback requirement variance for the Hawthorne Village Subdivision on Hawthorne Street. A representative of the construction company stated they were working under the RM10 classification and have discovered the setback requirements make it impossible to do what they have already developed for the lots. Under the RM10 zoning, there is a 35 foot setback which would limit the building space. He showed pictures of other developments in the county and stated they sold before they were completed. He stated they would conform with all setback requirements as to contiguous property. The variance they are asking for would be from the street going through the property to the building line, and a variance between the building from 30 feet to 20 feet. Jerry Mills made a motion the variances be granted. John Steely seconded the motion which carried by a 7-0 vote. Commercial building permits were submitted by Building Inspector Dan Steely and the following action is recorded: (1) Smyrna Hospital requested a permit to extend the emergency room at the hospital at an estimated cost of $211,000. The State and City Fire Marshals have approved (Continuation of August 18, 1980 Meeting) the plans, and Mr. Steely recommended they be approved. Elbert Coalson made a motion the permit be approved. John Steely seconded the motion which carried by a 7-0 vote. (2) Multi -Family, Inc., requested a building permit for a 270-unit development on Spring Road to be called Cumberland Bridge Apartments. Plans, which include fire walls, have been submitted to the State Fire Marshal for certification. Dan Steely stated there was a problem with the distance between the buildings and he would like to go over the plans with the engineers, since the buildings are being staggered. After discussion it was decided they should ask for a variance for the distance between the buildings. It was brought out the project is hemmed in by Spring Road, the power lines, Woodruff Drive and the railroad tracks, and this is the reason the buildings are being placed at these angles. John Steely stated that Fulton and Cobb Counties have the 20 foot distance requirements between buildings in apartment complexes of this kind. Jotin'Steely made a motion the building permit be approved according to plans as noted, subject to approval by the State Fire Marshal. Jim Tolleson seconded the motion which carried by a 7-0 vote. Request for the variance will be heard at the next council meeting. Jim -Tolleson mad6•'�a'motion funds be " proved to purchase 500 garbage can liners. John Steely seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the loan for $250,000 due August -18th.and the two loans of $200,000 each due August 29, 1980 be renewed. John Steely seconded the motion which carried by a 7-0 vote. _ , ', Mayor Johnson stated the first Monday in September is Labor Day. Jim Tolleson made a motion the date of the first council meeting in September be changed from the first Monday, September lst, to the second Monday, September 8th. Max Bacon seconded the motion which carried by a 7-0 vote. Committee Reports: (Parks) Bill Johnston advised the Fall programs will be coming out next week, and will be distributed through the schools. Bill said that of 26 competitors of the swim team we sent to'the State meet, 23 placed. Jonquil and Church Street pools will be closed after Labor Day. King Springs will be open for the Fall season. Sammy Hill, a member of the track team who holds two national titles, won another last week in West Virginia. John Steely said we really had a lot of talent on the swim teams and commended the coaches who did such a great job on their own time. John said the Senior Citizens Center had been completed and the opening ceremonies, hopefully, will be held around the last of September. Elbert Coalson advised the communications meeting with Police Chief R. E. Little, Fire Chief Don Atkinson and Civil Defense Director Jim Farley set for tomorrow night is cancelled, due to the meeting with the auditors. It will be rescheduled at a later date. Mr. Coalson read a letter addressed to Civil Defense Director Jim Farley from Smyrna Hospital, thanking him for advising them of the water shut- off last Saturday. Mr. Orr commended Mr. Farley for his concern and assistance. Jack Shinall stated he knew the sympathy of Mayor and Council, as well as all the people of Smyrna were with the family of C. 0. Canada who died on August 8, 1980, and who had served the City of Smyrna as Council of Ward 5 for 10 years. (Water) Jack Shinall advised that due to the fire and loss of the computer a lot of delinquent water accounts occurred, due to moves, etc. With the use of a part- time employee we have recovered $7,200.00 of these delinquent accounts. We have also started replacing stopped water meters. Jack also urged Mayor and Council to get on with the approval of the budget. He said there was a possibility we could lose $300,000 on the Sewerage System Evalua- tion Study if the budget isn't adopted soon. Jim Hawkins also stated it is critical to move on the budget. Max Bacon said he had a request from a resident on Pinehurst Circle requesting f the north end of the circle be blocked for a block party the night of August 30th. After discussion it was decided they could have the party but should notify the Fire and Police Departments. Announcements: August 20th, the Jonquil Breakfast, September 1st is Labor Day, and the quarterly CMA meeting will be September 6th at Acworth Beach. Meeting adjourned at 8:37 p.m. Y RANK B. JOHNSO , MAYOR WILLOUISE C. SPIVEY, VTY CLEW ;ES E. TOLLESON, WARD 1 MAX BACON, WARD 2 '00� ` RRY MILL/AltE/ARD 3M. HAWKINS, WARD 4 J-�/- -.,06.z ol N STEEL , 7 "T.•