March 4, 1985 Council Meeting
March 4, 1985
The regular scheduled meeting of' Mayor and Council was held pursuant to the Charter
on March 4, 1985 at Smyrna city Hall. The meeting was called to order at 7:30
o'clock p.m. by presiding of'f'icer 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, Fire Chief' Larry Williams, Public Works Director
Vic Broyles, Assistant City Clerk Melinda Dameron, Parks & Recreation Director
Sherry Reavis, Emergency Management Director Jim Farley, Building Inspector Scott
Stokes, Librarian Doris Morris and representatives of' the press.
Invocation was given by Kathy Brooks, f'ollowed by the pledge to the f'lag.
been
of' Jim Tolleson. There
Gilbert receiving 138.
throat last week and
tonight. Bob will be
election results be
6-0.
Election Superintendent Sarah Monsour stated a special
on Tuesday, February 19, 1985 to f'ill the unexpired term
were 292 votes cast, with Bob Davis receiving 159 and Pinky
Mayor Bacon said that Bob Davis had minor surgery on his
everything was f'ine, but he did not f'eel like being here
sworn in one day this week. Jack Shinall made a mot ion the
approved. James Williams seconded the motion which carried
Citizens Reports: Sue Brissey stated there were quite a f'ew businesses on South
Cobb Drive using banners, which was against the City ordinance. She also asked
about the number of' signs allowed in f'ront of' multi-f'amily housing developments
and said there were f'our signs in f'ront of' the Mill Pond Subdivision on South
Cobb Drive. Ms. Brissey also said the Morgan Homes buildings at the corner of'
South Cobb and Church appear to be too close to the street. Ms. Brissey asked
Mr. Camp about Concord Road progress. Mr. Camp said we have identif'ied some problem
areas and are in the process of' sending out notices and will take f'urther action
if' we have no response.
Charter Amendment: Jack Shinall said the amendment to Section 78 o:f the Charter
pertaining to Homestead Exemption has been read twice. This special exemption
is :for people over 65 years of' age and the amendment takes away the 3 year waiting
period to qualif'y. There were no questions or comments f'rom the audience and Jack
Shinall made a motion the Charter amendment be approved, as read at the last meeting.
Max Bacon seconded the motion which carried 6-0.
Ap to Advertise Charter Amendment: Attorney Camp stated this Charter amendment
wil ticle II (Corporate Limits) in its entirety and also delete Section
6(c) of' Article III (Ward Descriptions) and replace with a new Section 6(c). This
amendment will re-describe the actual ward boundaries of' the City by metes and
bounds as they now exist. This amendment will eliminate the piecemeal descriptions
by parcel and consolidate the ward descriptions. Jack Shinall made a motion the
amendment be advertised. James Williams seconded the motion which carried 6-0.
Validation of' Signatures: Attorney Camp read an application ror annexation f'or
Bonnelle C. Bowie at 3399 Pinetree Drive 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 ot' 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 prov~sions 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 597 of' the 17th District,
2nd Section, Cobb County, Georgia, being Lot 1 o:f Subdivision ot' Frank M. Collier,
Jr., as per plat recorded in Plat Book 17, Page 192, Cobb County, Georgia Recorcls
and being more particularly described as follows:
BEGINNING at a point on the east side oi' Pine Tree Drive where the south line
of' Land Lot 597 intersects the east side of' Pine Tree Drive; running thence easterly,
along the south line of' Land Lot 597, a distance of 323.7 f'eet to a point; running
thence northerly 105.4 feet to a point; running thence northwesterly along the
line dividing Lot 1 and Lot 2 of' said subdivision 328 f'eet to a point located
on the east side oi' Pine Tree Drive; running thence southerly along the east side
of' Pine Tree Drive 139 f'eet 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.
March 4, 1985 - Continued
Witness the signature ot~ 60% of' the electors resident in the area described below:
s/BONNELLE C. BOWIE
witness the signature of' the record
his legal representative, of 60% of'
s/BONNELLE C. BOWIE, HORACE BOWIE
title holders
the land area
of' the
above
f'ee simple title, or
described by acreage:
Max Bacon made a motion the signatures be validated and the public hearing set:
f'or April 1st. Hugh Ragan seconded the motion which carried 6-0.
Hugh Ragan introduced Larry WilJ. iams, the new Fire Chiet' :for the City.
Bid Opening:
as f'ollows:
Bids for a new car f'or the Fire Chief' were opened, read and recorded
Bleakley Ford
Wade Ford
Days Chevrolet
$11,133.01
$11,084.81
$10,299.00 (100 amp alternator not available)
Hugh Ragan made a motion the
f'or evaluation with authority
the motion which carried 6-0.
bids
to
be turned over
purchase the low
to the
bid.
Public Saf'ety
James Williams
Committee
seconded
Bid Opening:
as follows:
Bids t'or an Emergency Management vehicle were opened, read and recorded
General GMC
Boomershine
Camp Chevrolet
Nally Chevrolet
John Smith Chevrolet
$12,352.00
$13,794.00
$13,531.63
$13,061.37
$13,108.00
$13,723.00
(with options)
$14,823.06
$13,841.67
$14,349.58
(with options)
(with options)
(with options)
Hugh made a motion the bids be turned over to the Public Saf'ety
f'or evaluation with authority to PUrchase low bid and report back at
meeting. James Williams seconded the motion which carried 6-0.
Committee
the next
Report on Bid Award: Hugh Ragan said that only one bid was received f'or installation
of' the Emergency Outdoor Warning System installation and it seemed to be out of'
line. Hugh Ragan made a motion the bid be rejected and .Jim Farley be authorized
to negotiate the installation on a time and material basis, not to exceed the
budgeted amount of' $1,550. James Wi.lliams seconded the motion which carried 6-0.
Report on Bid Award: Hugh Ragan made a motion
equipment be purchased t'rom the low bidders on
seconded the motion which carried 6-0.
the hazardous materials
a line item basis. Jack
response
Shinall
Report on Bid Award:
to Dixie Chemicals, the
which carried 6-0.
Jim Hawkins
low bidder
made a motion
at $3,814.05.
the
Max
pOOl
Bacon
chemicals
seconded
be
the
awarded
motion
Report on Bid Award: Jim Hawkins said the Parks Committee recommends the second
low bid ot' $8,497.00 be accepted :from Strother Ford. The actual low bid was f'rom
Days Chevrolet but the Ford station wagon provides additional needed room. Jim
Hawkins made a motion the bid be awarded to Strother Ford. Jack Shinall seconded
the motion which carried 6-0.
Request f'or Bids: Jack
sation insurance, to be
motion which carried 6-0.
Shinall made
returned at
a motion bids be requested f'or workmans compen-
the next meeting. Jim Hawkins seconded the
Amendment to
Section 28.20
single t'amily
be amended by
Fire Code: Hugh Ragan said this proposed amendment
since some of' the builders had questions about it
dwellings. Hugh Ragan made a motion that Section 28.20
adding the f'ollowing:
is to clari:t'y
pertaining to
Chimney Chase s
Section 28.20 subsection C. (8)
Chimney Chases. This section shall apply to all Chimney chases i'or single :t'amily,
one and two f'amily, and multi-f'amilY dwellings and other applicable buildings
as designated by the City Building Inspector or the City Fire Marshal.
Hugh
motion
a mo.tion the amendment be approved.
carried 6-0.
Kathy Brooks
seconded the
March 4, 1985 - Continued
Commercial Building Permits: Commercial building permits were presented by Inspector
Scott Stokes and recorded as f'ollows:
1) Quality Tape and Label requested a permit t'or new construction at
Cooper Lake Road at a total estimated cost of' $180,000. Hugh Ragan made
the permit be approved sUbject to approval of' the City Engineer and Fire
James Williams seconded the motion which carried 6-0.
3515 No.
a motion
Marshal.
2) Pizza Hut requested a building permit f'or tenant space
at a total estimated cost of' $30,000. Jack Shinall made a
approved subject to approval of' the City Engineer and Fire
seconded the motion which carried 6-0.
at 1525 Spring Road
motion the permit be
Marshal. Kathy Brooks
3) Smyrna
of' $17,000.
of' the City
carried 6-0.
Hospital requested a
Jim HaWkins made a
Engineer and Fire
permit :f'or remodeling at a total estimated cost
motion the permit be approved subj ect too approval
Marshal. James Williams seconded the motion which
4) Ridgeview Institute requested a building permit to connect cottages
D at a total estimated cost of' $145,000. Jim Hawkins made a motion the
be approved subject to approval of' the City Engineer and Fire Marshal. Max
seconded the motion which carried 6-0.
C and
permit
Bacon
5) Cobb Center Mall requested a permit f'or remodeling at
at a total estimated cost of' $340,000. Kathy Brooks made
approved subj ect to approval ot' the City Engineer and Fire
seconded the motion which carried 6-0.
2122 South Cobb Drive
a motion the permit be
Marshal. James Williams
Variance Moratorium: Jack Shinall stated the int'ormation he gathered during the
moratorium on variances revealed that our setbacks, buf'f'er requirements, etc.
are almost identical to surrounding cities and counties. The one big dif'f'erence
was the matter of' f'ees and variance application requirements. There was also some
discussion on what actually def'ines a hardship and Mr. Camp is working on this
which we should have by the next meeting. Jack Shinall made a motion the moratorium
on variances be lif'ted with the f'ollowing changes to application procedures:
1) Fees :for all variances located within new developments; residential, commercial,
townhouses, condominiums, etc. be set at $250.
2) Variances appurtenant to existing single f'amily residential structures require
a $50 f'ee.
In addition, all requests t'or variances within new developments must be accompanied
by a detailed description of' t;he hardship created by building within code require-
ments and why they need the variance. In addition to that all applications on
new developments must be accompanied by an engineers drawing indicating the existing
situation; i.e., as built to our code and outlining how the new structure will
be placed on the lot or outlining any movement of' the structure on the particular
lot. Any development appurtenant to residential single f'amily structures should
only contain a sketch of' tbe construction. Jack said if' we have any variances
at the next meeting we will have the hardship def'inition f'or comparison. The $ 250
variance f'ee will also apply to all commercial, existing as well as new construction.
Max Bacon seconded the motion which carried 6-0.
Ordinance: Attorney Camp said that several years ago, the Atlanta Regional Com-
mission undertook to give sample ordinances to cities in this area in connection
with the Chattahoochee River Tributary Protection Ordinance which f'alls under
their jurisdiction. This ordinance is to protect the water quality of' the Chatta-
hoochee River by creating vegetation buf'f'ers adjacent to tributary streams in
the drainage area of' the Chattahooche Corridor and to minimize land disturbing
activities within such buf'f'er areas. Mr. Camp said the City would enf'orce and
regulate this ordinance. Hugh Ragan made a motion the ordinance be approved to
become ef'f'ective March 5, 1985. Max Bacon seconded the motion which carried 6-0.
Wastewater Treatment Agreements: City Engineer Mike Hutchinson said the EPA has
now mandated that industries pre-treat their wastewater to a domestic level and
the Interjurisdictional Pretreatment Agreement between Cobb County and the City
of' Smyrna is to ensure compliance. Since the County owns and operates the wastewater
treatment system utilized by the City of' Smyrna, the County will take care of'
all sampling, metering, etc. and the City must agree to allow Cobb County access
and authority to operate this program. The High Strength Wastewater Surcharge
Agreement is f'or industries who elect not to pre-treat, or where treatment levels
exceed domestic levels. This agreemen.t would also require the City or Smyrna to
be respons;i..ble ror billing and collection of' the surcharge. James Williams made
a motion the Interjurisdictional Pretreatment Agreement and the High Strength
Wastewater 9urcharge Agreement be approved. Jim Hawkins seconded the motion Whichi7#lf!!Jffig~.
carried 6-0. (Copy to be made a part of' these minutes.) ~fu
Approval of' Minutes: Jim Hawkins made a motion the minutes of' February 4, 1985
be approved as submitted. James Williams seconded the motion which carried 6-0.
Max Bacon made a motion the minutes of' February 18, 1985 be approved as submitted.
Jack Shinall seconded the motion which carried 6-0.
Approval of' Golf' Course Plans: Jim Hawkins presented plans or the golf' course
:t'or North Smyrna Park. This will be a par 61 and should open by August, 1985.
Jim said this land was deeded to the City by the Federal government with the stipula-
tion that be used only f'or parks. The course will be built through a concession
agreement with Mr. Gene Jerrell at no cost to the City. Jim Hawkins made a motion
the plans be approved and approval also be given t'or a construction trailer f'or
12 months. Kathy Brooks seconded the motion which carried 6-0.
Vie Broyles said Welker & Associates is working on the plans f'or the extension
of' Cherokee Road and we still do not know what will be required by the City. The
Department of' Transportation is talking about letting bids in April or June and
approval of' the engineering plans ror utili ties will be approved at a later date
when we know more about what is needed.
Max Bacon thanked the Smyrna Kiwanis f'or adopting the area
Hills as their clean up project through the Clean City Committee.
Max also thanked Barbara Hollingsworth and her Girl Scout troop t'or adopting the
swing area on Bank Street at Atlanta Road. Max commended the Clean City Committee
f'or getting these projects of'f' the ground.
(Water)
ready to
a motion
6-0.
James Williams
advertise f'or
the rules be
said that according to Welker
bids ror Phase I or the sewer
suspended. Hugh Ragan seconded
& Associates we are now
rehabilitation. James made
the motion which carried
James Williams made a motion
28, 1985 1'or Phase I which
City Hall and specif'ications
opened on March 28th with the
the motion which carried 6-0.
bids be received no later than 2: 00 p.m. on March
is the Belmont Hills area. Bids will be received at
can be picked up at WeJ.ker' s ot'rice. Bids will be
committee and Welker & Associates. Jim Hawkins seconded
James Williams said we
customers with about 20
These people were added
about 50/50.
have had a good response f'rom the letters
to 25 stating they were already connected
to the March billing. James said the other
sent to water
to sewerage.
responses were
Jim Hawkins wished Bob Davis a speedy recovery f'rom surgery.
(Finance) Jack Shinall stated we had received about 150
City Administrator's jOb and the committee is doing some
Also, pre:timinary budget figures will be ready soon.
applications f'or the
preliminary screening.
(Library) Kathy Brooks
the motion which carried
made
6-0.
a
motion
the
rules
be
suspended.
Hugh
Ragan
seconded
Kathy made a motion the bid t'or the ceiling tile replacement at the library
be awarded to R&R Interiors at $3,750, with $2,400 to be paid from Contingecy.
Kathy said that Mrs. Morris had had some unf'ortunate problems in maintenance this
year and had spent more than she anticipated. Max Bacon seconded the motion which
carried 6-0.
Doris Morris reported on library act:iv;i..ties and said that tax t'orms are available.
(Public ) Larry Will:iams stated he was happy to be on board and looked
f'orward to a good working relat:ionship.
Announcements: CMA dinner meeting at Aunt Fanny' s Cabin on March 12th; next council
meeting March l8th.
Mayor
home
said that Clarence Brooks had been in the hospital but was now at
and wanted him to know everyone was thinking about him.
With no f'urther business, meeting at 8:55 p.m.
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