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May 6/20, 1985 Council Meeting CITY MARSHAL I. Scott S . do solemnly swear that I will well and truly demean my f 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 God. Scott Stokes Subscribed and sworn to before me this 31st day of May. 1985 CIVIL SERVICE BOARD MEMBER I do solemnly swear that I will well and truly demean Board member 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 CIVIL SERVICE BOARD MEMBER, act as I believe for the best interest of said City. So help me God. , Subscribed and sworn to before me this 3rd day of June, 1985. May 6, 1985 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 6, 1985. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Clerk Willouise Spivey, John Halpin representing City Attorney Charles E. Camp, Police Chief R. E. Little, Fire Chief Larry Williams, Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Building Inspector Scott Stokes, Emergency Management Director Jim Farley, Civil Engineer Mike Hutchinson, Librarian Doris Morris and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Sue Brissey stated that salaries in were too and we are losing a lot of good men the pay. Ted Farland also spoke on behalf of the regarding salaries and said Smyrna is one of the metro area. the City Police Department to other ci ties because of Police and Fire Departments lowest paying cities in the Zoning: Raymond Fowler requested rezoning of property on Concord Road in Land Lot 558, from Future Comercial to Limited Commercial. There was no opposition from the audience and Mr. Fowler said if approved, the location would be used for an insurance office. Max Bacon said when the Planning and Zoning Board recom- mended the zoning be approved there was some discussion about the house he planned to move onto the lot. Max said he would like to have our Engineer inspect the house before any further plans were made to relocate it. With little discussion, Max Bacon made a motion the rezoning be approved. Jim Hawkins seconded the motion which carried 7-0. Business License: Ennis M. Mallett requested a business license for Golden Needle Tattoo, 560 Cherokee Road. There was no opposition from the audience. Mayor Bacon asked Mr. Mallett if he was associated with the previous owners in any way. Mr. Malle,tt said he was not;; the previous owner had moved out before he rented the building but he understood that he did not leave a very good record. Mr. Mallett said he realized he would have to overcome the reputation left. In response to a question from Kathy Brooks, Mr. Mallett said he received his original training from Paul Rogers in Jacksonville, Florida and received some training from Mr. L. W. Pogue who used to own the shop. He also worked with Mr. Pogue as an apprentice for 8 to 10 months but was not aware of the previous prOblems at the location until this past weekend when he talked with other tenants. Mr. Camp reminded Mr. Mallett that he could not tattoo anyone under 18 years of age, with parental consent or otherwise. Jack Shinall said at that particular location we received numerous complaints and have numerous documented problems, and personally could not support the issuance of the license. After further discussion, Kathy Brooks made a motion the license be denied. Jack Shinall seconded the motion which carried 7-0. Residential Business License: Timothy Duffin requested a residential business license for T.D. Transfer, 2550 Hargrove Road. Mr. Duffin said he needed the license strictly to do paperwork at his home and his accountant had recommended that he obtai.n one. He is the salesman/owner/operator of the business and would only have one vehicle parked at his home. Following discussion, Bob Davis said he had some reservations about the number of residential business licenses being issued, particularly in apartments and made a motion the license be denied. Jack Shinall seconded the motion which carried 7-0. Variance: Alan R. Perry represented BellSouth Mobility in their request for a variance to increase height of their tower on Corn Road from 80' to 180' and also to reduce the setback requirements. There was no opposition from the audience and Mr. Perry had letters from adjoining property owners stating they had no Objection. FOllowing discussion, Bob Davis made a motion the variance be approved subject to proof of FAA approval. Hugh Ragan seconded the motion which carried 7-0. Commercial Inspector Sc Permits: Commercial building recorded as follows: permits presented by were l) Tramco Construction requested a building permit Lake Park Drive at a total estimated cost of $35,000. the permit be approved subject to approval of the City James Williams seconded the motion which carried 7-0. for tenant space Bob Davis made Engineer and Fire at 1950 a motion Marshal. 5) George Walker Avenue at a total permit be approved Jim Hawkins seconded requested a building permit estimated cost of $89,000. subj ect to approval of the the motion which carried 7-0. for new James City construction at 1284 Sunset Williams made a motion the Engineer and Fire Marshal. May 6, 1985 - Continued 2) Tramco Construction Co. requested a 1950 Lake Park Drive at a total estimated a motion the permit be approved subject Fire Marshal. Bob Davis seconded the motion building permit for tenant space at cost of $58,000. James Williams made to approval of the City Engineer and which carried 7-0. 3) Smyrna Hospital, 3949 South Cobb Drive tion of a new building to be used for a of $30,000. Max Bacon made a motion the of the City Engineer and Fire Marshal. carried 7-0. requested a building permit for construc- cat scanner at a total estimated cost permi t be approved subj ect to approval Jim Hawkins seconded the motion which 4) South Cobb Plaza shopping center requested a building permit for construction of Jubilee Junction 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. Jim Hawkins seconded the motion which carried 7-0. 6) Vernon building at made a and Fire Overton requested a building permit for construction of a new off ice 1314 Church Street at a total estimated cost of $105,000. Jim Hawkins the permit be approved subject to approval of the City Engineer Marshal. James Williams seconded the motion which carried 7-0. 7) South.land Corporation requested a building permit to remodel the 7-11 store at 18Z8 $pring Road at a total estimated cost of $12,000. 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 7-0. Open were Bids .: opened, Bids for the installation of read and recorded as follows: drainage pipe on Spring @ Walker Court Complete Pipeline $ 5,270.00 J. E. Lovern Construction $12,545.00 Don Carroll $ 5,722.00 Max Bacon made a motion the bids be recommendation back to full council at the motion which carried 7-0. turned over to the committee with their the next meeting. James Williams seconded Jim Hawkins made a motion the Hunter-Knepshield, the low bidder Dominica Recreation Products, also the low motion which carried 7-0. bid for bleachers at $2,440 and the bidder at $2,937. for Cobb br idge be Max Bacon Park be awarded seconded to the Jim Hawkins made Earl Styes for one a motion the workmans compensation insurance year, being the only bid received at $107,221. be awarded to Annexation: Kathy Brooks made Drive be annexed to become a read and made a part of the motion which carried 7-0. a motion that 3.63 acres part of Ward 6, the legal April 15, 1985 meeting. in Atlanta Road @ Daniel description having been Hugh Ragan seconded the Hugh Ragan made a motion the and 387 be annexed to become been read and made a part of the motion which carried 7-0. C. J. Fouts a part of the April property Ward 7, 15, 1985 in Land the legal meeting. Lots 333, 388, 405 description having Max Bacon seconded James Williams made a motion approval be given to purchase 500 ga,:cbage can liners at a tota.l cost of $5,765. Max Bacon seconded the motion which carried 7-0. A!?proval of Minutes: Jack Shinall made a motion the minutes of April I, be approved as submitted. James Wil.liams seconded the motion which carried 7-0. 1985 James Williams made a motion the of April IS, 1985 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. May 6, 1985 - Continued Hugh Ragan made a motion the rules be suspended to allow an application for annexation to be read. Max Bacon seconded the motion which carried 7-0. Va"lidation of property of Signatures: Attorney Camp read an application in Land Lot 329 by Edward E. McCall as follows: for annexation 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, 423; 1971, 399; 1976, Pages lOll, 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 329, 17th District, 2nd Section, Cobb County, Georgia, as per survey for Ralph E. Marler, prepared by A. O. Carlile, registered land surveyor, dated November 20, 1972, and being more particularly described as follows: BEGINNING at the southwest corner of Land Lot 329 at the intersection of Land Lots 329, 392, 393 and 328; thence running northerly along the common land lot line of Land Lot 329 and 392 a distance of 278.0 feet to a point which shall be the point of beginning; thence running north 88 degrees 18 minutes 11 seconds west a distance of 986.62 feet to a point on the easterly right of way of Civitania Road, thence running north 27 degrees 32 minutes east along the right of way of Civitania Road a distance of 578.27 feet to a point; thence running south 78 degrees 14 minutes east a distance of 788.59 feet to a point on the common land lot line of Land Lots 329 and 392; thence running southerly along this land lot line a distance of 383.13 feet to the point of beg inning. Said tract contains 9.467 acres and includes one dwelling. 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 below: sjEDWARD E. MC CALL 60% of the electors resident in the area described Wi tness the signature of his legal representative, sjRON JOHNSON the of record 60% of ti tIe holders the land area of the above fee simple title, or described by acreage: Hugh Ragan set for June made a 3,1985. motion the signatures be validated and the public Kathy Brooks seconded the motion which carried 7-0. hearing Committee Reports: (Inspections) Kathy Brooks said that Gene Golden has mailed letters to all businesses in violation of our ordinance by using banners. (Finance) Jack Shinall said the committee interviewed applicants for the City Administrator's position on Saturday. (Parks) Jim Hawkins said that the City has been notified of a $4,000 grant from the Governor's Emergency Fund for pool repairs at Jonquil Park. Max Bacon asked Mr. the problem with the ready by next week. Camp about the status of his Seaboard Railroad. Mr _ Camp contact said he with NIMLO concerning should have a report Doris Morris reported on Library activities. With no further business, meeting adjourned at 8:50 p.m. ************************ May 20, 1985 The regular scheduled meeting of Mayor and Council was held May 20, 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, Police Chief R. E. Little, Fire Chief Larry Williams, Parks and Recreation Director Sherry Reavis, Civil Engineer Mike Hutchinson, Emergency Management Director Jim Farley, Assistant City Clerk Melinda Dameron, Building Inspector Scott Stokes, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. There were no citizens reports. Residential Business License: Charlene S. Schubert requested a residential license for The Wordshop, 2009 Countryside Place. There was no opposition. Mr. and Mrs. Schubert were present and stated this would be a word processing and typing service conducted in their home. Business would be conducted through a post office box with no customers or traffic at their home. They both stated they were familiar with the home occupation ordinance and would comply with it. Jack Shinall asked if they were not able to locate any commercial rental space. Mr. & Mrs. Schubert said they were both employed and this would be a part time venture for now, if it is successful they would move the business outside home. Bob Davis stated he had received letters from the Countryside Board of Directors approving the license and also letters from other residents in the same building indicating their approval. Hugh Ragan and Jack Shinall both said they had some problem with home occupation licenses because they are at an unfair advantage over those who rent commercial space because they do not pay the same taxes. Mr. Schubert said they would be willing to let council review the license in 6 to 12 months to ensure that they were in compliance and that there were no problems. After further discussion, Bob Davis made a motion the license be approved. Max Bacon seconded the motion which carried 5-1, with Jack Shinall opposed. Commercial Building Permits: Commercial building Inspector Scott Stokes and recorded as follows: permits were presented by 1) Shell Oil Company requested a permit for new construction at 2875 South Cobb Drive at a total estimated cost of $50,000. Max Bacon 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) Kessler' s at 2122 South Cobb Drive requested a building permit for remodeling at a total estimated cost of $50,000. Kathy Brooks made a motion the permit be apprcved subject to approval of the City Engineer and Fire Marshal. Hugh Ragan seconded the motion which carried 6-0. 3) Caesar's Pizza requested a building permit for construction at 860 Concord at a total estimated cost of $65,000. Max Bacon made a motion the permit be approved subj ect to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. 4) King Springs Village at 4015 King Springs Road requested a building permit for an addition to the existing building at a total estimated cost of $400.000. Hugh Ragan 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) precision Tune Up requested a building permit for new construction at The Crossings Shopping Center on South Cobb Drive at a total estimated cost of $60,000. Max Baccn made a motion the permit be approved subject to approval of the City Engineeri;ind Fire Marshal. Kathy Brooks seconded the motion which carried 6-0. Jim Hawkins said when the road and fence were constructed on the s of the property at North Smyrna Park they did not exactly conform to the legal description of the property. The quit claim deed was revised by the Department of Interior and the City actually lost a very small portion of the i;icreage. Jack Shinall made a motion the revised quit claim deed for North Smyrna Park be approved. Max Bacon seconded the motion which carried 6-0. Approval of forms from at Grant: Jack Shinall the Governors Emergency Park and made a motion the check could be issued. read the resolution approving Fund for a $4,000 grant for they be approved and submitted Kathy Brooks seconded the motion the contract pool repairs to the State which carried so that 6-0. May 20, 1985 - Continued Committee Reports: (Public Safety) Hugh Ragan apologized for any misunderstanding there may be in the Police and Fire Departments concerning the recent letter to employees about their benefits. It was not intended in any way to affect the study being conducted now relating to salaries. The benefit study was started close to one year ago when we found that we could get a printout of benefits on an individual basis and council felt that would be good information for the employees to have. stated they were still working on the pay situation and hope that sometime they will have something to present to full council. Hugh Ragan said the Environmental concerning burning and now allows said the City would allow burning, stipulations: Protection Division burning subject to effective June I, has modified their rules local regulations. Hugh 1985, with the following The City of Smyrna the property on which All fires must be on property owner. shall allow the burning of leaves it is to be burned, only when weather private property only and by the and sticks gathered on conditions are favorable. expressed consent of the To obtain a permit the person to do the burning must telephone the Fire Department and advise: Name, street address and phone number. The person obtaining the permit shall be given: Permit number, safety precautions, and advised of the time the fire must be extinguished. Permits shall be issued between the hours of 10: 00 a.m. through Saturday. All fires must be extinguished by 6:00 p.m. to 5:00 p.m., Monday Jack Shinall said we have had complaints there are some residents there with emphysema in that area not be allowed. in and the Pinehill Drive they have requested area that because burning Jack Shinall also said the more than trying to provide received on a regular basis. letter concerning information that benefits employees did in not mean anything private enterprise (Finance) Jack Shinall said council was continuing with interviews City Administrator and they hope to finalize that position soon. for the (Parks) Sherry Reavis said that Jonquil and Church Street pools will open June 2nd for the season. Chuck Camp said he had talked with NIMLO concerning the Seaboard Railroad they have sent some proposed ordinances that deal primarily with nuisances in some areas where railroads have been deemed to be a nuisance. Chuck there may be some jurisdictional problems and suggested that we contact County to see if they would jointly help us with this problem. and and said the Max Bacon said the CMA met today one being the recent increase in said they informed Mr. Smith that make any adjustments to our fees to September 1st. with Earl Smith concerning several problems; tipping fees for solid waste disposal. Max JUly 1st was not sufficient time for us to and hopefUlly they will delay the increases (Library) Doris Morris reported on library activities and stated that she and Monika Myers have been visiting schools in the area inviting everyone to participate in the summer reading program. Jim Hawkins said the benefit raises were not forthcoming. just Police and Fire, and next Jim said he appreciated all they had a rough job. letter that was sent out was no indication that Jim said the letter went to all employees, not week they will get a detailed list of their benefits. the Public Safety Department employees and knew With no further business, meeting adjourned at 8:02 p.m. May 20, 1985 - Continued MAX BACON, WARD 2