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November 4/18, 1985 Council Meeting CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION HELD THIS TUESDAY, NOVEMBER 5, 1985 We, the duly appolnted electlon Managers to conduct thls Speclal election, declare the followlng results: HC ) YES Shall the Act changing the terms of office of the C) NO mayor and council of the City of Smyrna and providing for staggered four-year terms of office for the councilmen be approved?" WARD III YES 17 NO 28 YES 200 NO 103 YES 186 NO 84 YES 34 NO 27 YES 169 NO 119 YES 134 NO 106 YES 49 NO 44 WARD 113 We, therefore certify to the Mayor and Council of the City of Smyrna, the election results of the total number of votes cast: YES NO 789 511 Chief Manager, Ward III Chief Manager, Ward 112 Chief Manager, Ward 113 Chief Manager, Ward 114 Chief Manager, Ward 115 Chief Manager, Ward 116 Chief Manager, Ward IH {(ATTEST) GEORGIA CITY ELECTION 11,296 REGISTERED , NOVEMBER 5, 1985 1,542 VOTING appointed election Managers to conduct this election, declare the results: COUNCILMAN WARD #4 MAX BACON J 1M HAWKINS 64 COUNC ILMAN WARD III COUNCILMAN WARD #5 DAVIS PAT COLE 89 JACK SHINALL 269 BOB ARNOLD COUNCILMAN WARD 116 250 VERA KATHLEEN (KATHY) BROOKS 171 WM. CECIL BATSON 96 E. MC COUNCILMAN WARD #7 JERRY HUGH A. RAGAN 95 and Council of the City of Smyrna, the election MAX BACON WARD JOEL HARRELL WARD 113 (RUNOFF REQUIRED) JIM HAWKINS 116 VERA KATHLEEN (KATHY) BROOKS of the votes cast. Chief Manager, Ward III Chief Manager, Ward 112 Chief Manager, Ward 113 Chief Manager, Ward #4 Chief Manager, Ward 115 RETURNS OF SMYRNA, GEORGIA CITY ELECTION RUNOFF HELD THIS TUESDAY, NOVEMBER 19, 1985 1,371 365 REGISTERED VOTING to conduct this election, declare the COUNCILMAN WARD 113 NEAL 136 225 certify and Council of the City of Smyrna, the election #3 JERRY MILLS has +eceived a majority votes cast. TEST) MAYOR'S OATH OF OFFICE term of and Ordinances of favor, and in all interest of the do solemnly swear that I will well the Clty of Smyrna for the unexpired that will faithfully enforce the Charter said City to the best of my ability, without fear or my actions ctS MAYOR act as I believe for the best City. So help me God. (Seal) COUNCILMAN do solemnly swear that I will well of the City of Smyrna for the Bacon, Ward #2, and that I will faithfully of said City to the best of my ability, all my actions as COUNCILMAN act as I of the said City. So help me God. November 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 over because of the loss of Mayor Bacon on October 26th. Jim said he very badly missed and extended his sympathies to the Bacon family. a moment of silent prayer, the invocation was given by Jim Hawkins by the pledge to the flag. presiding would be Following followed Jim Hawkins also reminded everyone thqt tomorrow was though three council seats were unopposed, all polls referendum fOr four-year terms is on the ballot. an election day and would be open since even the Jim Hawkins read a proclamation for "Youth Appreciation Week" it to Nick Monsour representing the Smyrna Optimist Club. and presented 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 seat within 30 days. Jim stated that at the next a decision as to who will full the unexpired term will be sworn in. to be appointed meeting council of Mayor Bacon to the Mayor' s will have made and that person 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 book collecion was increased to 49,686. Also, issued. Mrs. Morris invited council and citizens 11-17 for Childrens Book Week. the 155 to Library was 4,682 and the new membership cards were visit the library November 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 to the right of way but they would like to help Mr. Cory. James Williams said he would like to table this to the if it is denied tonight it would be one year before Mr. the variance. Jack Shinall made a motion the variance 18th to give Mr. Cory time to meet with our city engineer. the motion which carried 6-0. the canopy this close Following discussion, next meeting because Cory could reapply for be tabled to November James Williams seconded (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 El 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 Road and Cooper Lake in by Attorney Camp. requested Road and annexation of this there was one person property fronting in opposition. All on Mavell were sworn Mark Brit;a)'lisky 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 negOi;:i;ation 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 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 since Ja)'lua+y 1, 1985, caused partially by some businesses not alarm system. Attorney Camp read a proposed ordinance as follows: had been received maintaining their Sec.15;,\z-1 Number of false alarms; Every e.stablishment or residence telephone, or mechanical burglar free response limited. within the city limits or fire alarm system, having an including electronic, 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. l5~-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 15~-1. Sec. 15~-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 perlod, 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. 15~-4 Grace period fOr new installations. No alarms shall be counted during the initial 30 days from date of each new installation. Sec. 15~-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. 15~-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. 15~-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 Kathy Brooks seconded the be made to the minutes of at the next meeting. the minutes of motion which October 21st' October 7, 1985 be approved as submitted. carried 6-0. There were corrections to and they 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. mailed to eight firms The low bid was from administrative vehicle Shinall made a motion from Revenue Sharing. COMMERCIAL BUILDING PERMITS: (A) Decatur Federal Saving & Loan requested a building permit at Cobb Center Mall at an estimated cost of $52,000. Kathy Brooks the permit be approved subject to approval of the City Engineer and James Williams seconded the motion which carried 6-0. for renovation made a motion Fire Marshal. (2) Smyrna Hospital requested a building permit for remodeling cost of $19,119. Jack Shinall made a motion the permit be approval of the City Engineer and Fire Marshal. Kathy Brooks which carried 6-0. at a total estimated approved subject to seconded the motion (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. seconded the motion which carried 6-0. Bob Davis 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 American Legion Auxiliary and Carnival this year. and all Recreation staff, Cobb civic clubs involved Center for a merchants, the good Halloween 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 was given the pledge a by to moment of Reverend the flag. silent prayer in Al Turnell from memory of Arthur the First Methodist T~ Bacon, Church, invocation followed by CERTIFICATION OF ELECTION: of the November 5, 1985 the election results be carried 6-0. Election City and certified. Superintendent Sarah Monsour read the special election. Hugh Ragan made a James Williams seconded the motion results motion which APPOINTMENTS TO FILL UNEXPIRED TERMS: Jim Hawkins stated that Section 8 of the Charter requires t,hat a successor be appointed to fill the office of Mayor wi thin 30 dpys and this is the last meeting where that requirement can be met. Jim that Max Bacon was thE;: JYlayor-elect and recommended that he be appointed to fill the ).lnexpired 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 be appointed to fill the unexpired term of Max Bacon seat. Jim Hawkins seconded the motion which carried 6-0. motion that Joel for the Ward 2 Harrell council Joel Harrell introduced members of his Nix. Joel said he was looking forward strive to do his best for the city. family and to serving was sworn on council in and by Judge Ken would always PUBLIC INPUT: Nancy Williams represent.ed to hold road blocks on November 30th, and Hargrove Road and Cherokee at South Max Bacon asked that they coordinate their the Smyrna Jaycees and requested permission December lst, 14th and l5th at Spring Cobb to benefit the Empty Stocking Fund. plans with Chief Little. J DEPARTMENT REPORTS: John Patterson said that as quarter of the fiscal year complete, the City Most departments are well wi thin their budget come with taxes being the largest producer was for taxes and on that date tax Mr. Patterson said we have made idle account. of October 31st, with the first is in good financial condition. and revenues are continuing to in the last month. November 15th we received a sizeable amount of good investments, with no money November 18, 1985 - Continued Larry Williams said that October was Fire Prevention month and his department conducted programs at all elementary shools for more than 1,000 children. Chief Williams said 54 calls were received in October and of those only 3 were structural fires; the remainder were for rescue and medical assistance. Nancy Williams said the recently organized Fire Department Women's Auxiliary had made their first goal the purchase of a jaws of life rescue tool for the Fire Department. Jay Wallace of the Smyrna Jaycees presented a paid receipt for the jaws of life to council purchased through the efforts of the Jaycees, Fire Department Auxiliary and Smyrna Hospital. Elsie Rape said for the Spring that anyone who they will have a the Clean City Committee had their Festival and the next meeting will was interested in sponsoring an contest with a $25 prize for the best first organizational meeting be December 10th. Elsie said event should be here. Also, theme for the festival. PUBLIC HEARINGS, (A) Variance request to reduce front yard setback at Mom & Pop's Family Food Store. John Patterson said that Mr. Cory was requesting approval to place a canopy over the pump island at his store. The front of the canopy would be l5' 6" from the right of way and about 27' 6" from the edge of pavement. This variance was tabled at the last meeting and after meeting with our engineer, Mr. Cory had come up with a plan tonight that will move the canopy 7 feet closer to the building, thus reducing the encroachment. With little discussion James Williams made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (B) Variance request to reduce minimum lot size at 3491 South Cobb Drive. Neal Hopper requested a variance on the minimum lot size to allow rezoning for General Commercial. There was no opposition and Mr. Patterson said the lot is now 11,200 square feet and our ordinance requires 20,0,00 for GC. The house was on the property when South Cobb Drive was widened and this entire area is now commercial. Jim Hawkins said he would support the lot size reduction since most of this area is already zoned commercial and made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. (C) Neal Hopper requested rezoning at 3491 South Cobb Drive from Future Commercial to General Commercial. There was no opposition and Mr. Patterson said property to the south of this location is zoned GC and also to the north, with residential property to the rear. If rezoned, Mr. Hopper will open a sporting goods store using the existing house. The adjacent residential property owners have agreed to the rezoning and Mr. Hopper has already paved the parking lot. Mr. Hopper had also agreed to place a 6 foot wooden fence along the rear property line. Jim Hawkins said the Planning and Zoning Board had recommended the zoning be approved and made a motion the zoning be approved with the stipulation that a 6 foot wooden fence be placed along the rear property line. Bob Davis seconded the motion which carried 7-0. ( D) Management change for beer, Legion Post 160. wine and liquor pouring license at American Mr. James A. Turner requested that the pouring license for the American Legion Post 160 be transferred to his name. John Patterson said the police background investigation was favorable and recommended the license be approved. Jim Hawkins made a motion the management change be approved effective January 1, 1986. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS, Jack Shinall said he would defer the next meeting and at that time for their selection. the appointment to would have 3 names the Hospital to submit to Authority to the authority AWARD OF BIDS, (A) John Patterson said i.t was necessary to install an emergency door at the library and only one bid had been received from the 3 requests we mailed. The bid of $1,707.20 from Hatcher & Sons appears to be reasonable. Upon the recommen- dation of John Patterson, Bob Davis made a motion the bid be awarded to Hatcher November 18, 1985 - Continued & Sons for $1,707.20. James Williams seconded the motion which carried 7-0. (B) John Patterson said that 3 bids had been received for a fire alarm at library and recommended we accept the low bid of $2,190 from Tele-Dynamics be paid from the library's capital budget. Bob Davis made a motion the low be awarded. Hugh Ragan seconded the motion which carried 7-0. the to bid COMMERCIAL BUILDING PERMITS: (1) T.I. Construction requested a bulding permit for at Ridgeview Hospital at a total estimated cost of a motion the permit be approved subject to approval Hawkins seconded the motion which carried 7-0. internal $ll,500. of the office Kathy Fire construction Brooks made Marshal. Jim COUNCIL INPUT: The entire council and welcomed Joel Harrell to council. expressed their best wishes to Max Bacon Max Bacon reminded everyone of the Jonquil Breakfast November 20th, Tree lighting on December 5th. Mayor Bacon said that Joel Harrell the same committee assignments that he had been serving on. Max appreciated the support the people of Smyrna have shown him and let them down. the Christmas would assume also said he he would not With no further business, meeting adjourned at 8:17 p.m. ~