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March 9/16, 1981 Council Meeting March 9, 1981 and Council was held pursuant to the Charter The meeting was called to order at 7:30 Frank Johnson. All council members were Charles Camp. City Clerk Willouise Spivey. Don Atkinson. Public Works Director Jim or Bill Johnston. Building Inspector Dan Steely. and representatives of the press. Invocation was given by Councilman Jim Tolleson. followed by the pledge to the flag. lters requested a road race permit for April 11th on. One race would begin at McDonald's on be held ing from Eastfield Road and back down Timberl . for bicycle riders. be approved. Jack Shinall seconded the motion ting Smyrna Pawnbrokers on Cherokee Road roved concerning precious metal dealers; He understood that they would be re- any buying or selling of precious metals pawning. they would be required to comply Hawkins said that under section l4A-4l (C). and at first it was the intention to exempt ith the Police Chief he recommended pawnbrokers rk had several other questions concerning the t he submit his q s in writing and be of March 16th for f er discussion. rear yard variance at 695 Cherokee Road to ted a side and rear yard variance for 2569 Spring ge. Jim Tolleson made a motion this request be e motion which carried by a 7-0 vote. Plumtree Apartments requested a building permit for ts destroyed by fire. at a. total estimated cost of Diamond and Kay Properties. Plans have been reviewed nd Fire Marshal. and Inspector Dan Steely recommended made a motion the permit be approved. Elbert which carried by a 7-0 vote. of S.D. Acoustics. Inc.. presented a proposal Pool. There is a 100% Demonstrative Federal d like to apply for a $50.000 grant. with the project would include design and. actual construc- the pool. The estimates say that 100% of the through solar means for months of March through at the possibility of being open year-round ed by 50% boiler. or gas heat. The initial about $6.000. The way the account is set up. accounting. ordering, actual bid taking. and would dits. Mayor Johnson said Mr. Dean was just an to do this as a private project. and as a service d the building at King Springs was set up for solar and at one time. was to be a part of the initial construction. motion the Mayor be authorized to enter the City as co-applicant on ication, proper study and consideration by the City Attorney. onded the m n which carried by a 7-0 vote. of property .located in Land Lot 529 was read as follows: electors resident %) of the owners s unincorporated area annexed into Annotated. Sections Pages 409. 410 to be annexed 412. 413; described in Land Lot 529 bei ng more parti 17th described the common corner of Land 27 minutes 55 seconds 528 and 529 a distance 57 mi nutes 41 northweste ce south 34 feet to an iron pin; curve an arc dis subtended by a of south 9 ); thence south feet to an iron pin 480; thence north 1 ne common to Land point of BEGINNING. 480. the to a distance of South 37 terly feet the 58 minutes land utes 529 9.918 acres according as prepared by J. S. 9, 1979. All Di , as follows: in Land lot being more 17th described 529, 552, along the feet to th en ce easterly 20.182 acres according to as prepared by J. S. Ross 9. 1979. Survey a tes . being in Land Lot . and being shown for Mary Owen Nations land Surveyors, dated follows: Road . and iron Road of the common to rl . northerly and northeasterly along said right-of- the following distances and courses: north 22 minutes 42 seconds west a distance of 215.70 feet to an iron pin nee north 18 degrees 10 minutes 56 seconds west a distance of to an iron pin set; thence northeasterly along the arc of a 692.09 urve distance of 605.43 feet to an iron pin set (said tend chord which lies to the east of said arc and which 7 minutes 58 seconds east a distance of rees 51 minutes 37 seconds east a distance et at the southwesterly intersection of foot right-of-way); thence south 18 degrees istance of 62.45 feet to an iron pin set on of King Springs Road; thence southwesterly. ong the southeasterly. easterly and north- lowing courses and distances: south 34 degrees a distance of 481.74 feet to an iron pin; thence of a 642.09 foot radius curve an arc distance in (said ~rc being subtended b~ a chord aid arc and which has a bearing of south 6 seconds west a distance of 616.58 feet); south 22 42 seconds east a distance of 222.49 feet to an iron located on the land lot line common to Land Lots 529 and 530; thence north 89 deg nutes 41 seconds west a distance of 54.30 feet. to the point 0 . THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY MAKE ICATION FOR ANNEXATION TO THE CITY OF SMYRNA. he signature of the record title holders of the fee simple title. or representative. of 60% of the land area above described by acreage: E. Nations s/James O. Nations" ely made a motion the signatures be validated and the date for public be set for April 6. 1981. Jerry Mills seconded the motion which carried vote. Mayor Johnson read a resolution from the Local Government Energy Program --wide function of the Georgi a rviuni ci pal Associ a- tion. supporting Week. March 15-21. 1981. Jack Shinall made a the resolution e approved. Jim Tolleson seconded the motion which d by a 7-0 vote. the minutes of February 2. 1981 be approved as submitted. motion which carried by a 7-0 vote. motion the minutes of February 16.1981 be approved as sub- seconded the motion which carried by a 7-0 vote. that Navaho Trail dead ends near a new subdivision being built Subdiv ion. and that portion of the street will never be opened ly p ax made a motion that the 50 or 60 foot right-of- nd rail be quit claimed to Mr. William Ferrell Pa Lot 627 and Ernest E. Williams, owner of Parcel 670. Attorney wi l' draw the deed and the cost wi 11 be . Bentley an Williams. Elbert Coalson seconded the motion which a 7-0 vote. . Max Bacon said behind Creatw up as was at t Mayor Johnson recogni zed John Co 11 ar. f/layor Protem from Austell who has served ty for 9 terms. Mr. Collar presented Mayor Johnson with a letter opener City of Austell logo. weeks ago he. John Steely. Bill with Homeland Properties concerning the purchase of Jonquil Park. The property i sl andl ocked and proposal to the City to. make improvements to Park their property. where they plan to build fee- letter of agreement as follows, and made a d. "The City 0 in Jonqui 1 sisting of to. allow the. upgrading of the blic road located of thoroughfare to the adjoin property con- tly owned by Smyrna Associ ates L i Pli ted. under Continued - March 9. 1981 purchqse by HOltl~JqndColtlmunities Properties. Inc. As stated of March 4. 1981, both parties will agree to certain provisions of Smyrna lot approxi machinery and manpower for by 215'. grading of Smyrna will PrOvi de gradi ng for a servi ce road to connect public road to the parking lot. will provi existing necessary cul vert so as the service road the agreement. Homeland Communities. Inc.. will provide to the City Smyrna: 1) All cost in the said public road to 28'. concrete s i Park. k adjoining the curb from Spring Road the length 3) One servi ce 4) Extend the exi Jonquil Pool. gate at an agreed upon location. ng retaining wall as to stabilize the hill below . provide a road and pa nimum stone base and minimum P,," asphalt paving ng lot. or as needed. ~ provide a foot chain link closed knuckle fence to run from Communities Property to the public parking lot in front of the pool. provide wa 1 kways . the new parking lot. two sidewalks to tie into the of placing street signal lights at the Ci ty of Smyrna and Home 1 and a cost not to exceed $4.000." suggestion from Attorney . Jim Hawkins to state that Homel rties. Inc. adequate insurance. and the plans on the portion of work being done on city which carried by a 7-0 vote. Jim assured him the work wouTdhe complete e first of May. Vote on the main motion Mills opposing. His Smyrna .a;scompared to equipment Wa;S adequate the fire equipment at a recommended the Smyrna AU$ te 11 Fi re Max said he had met the Public on. as a whole, had some to it. they were in no danger losi ng thei r depart,ment now covered City well. idation would benefit the citizens of citizens of Cobb County. Max said our continue to develop we would have to update e cost. Je rry Mi 11 s sa i to. be res lman needed to draw up their own priority turn it over to Jim David for consolidation. problems sewerage. stating a potential Mrs. from as to what type precedent we may be setting by providing said we were not legally obligated to provide sewerage a provision whereby the City could share the cost with Jack Shinall Jim David ave a cost proposal ready meeting and al have the contact the county health e them we were 1 ng into. prOVl ng city sewerage to these tand all the costs involved in the new communi- and asked for some explanation on how much said his original motion was a cost of $1200. with.Jim handling this and thought some other recommended.the Mayor make this change. Jerry sell the 911 s . and thfs is what our up to. x Bacon sa . thought Jim was t.he most handle this project. or Joh~son explained we listed in the telephone directory for the City e at this point. hIe wi 11 not go beyond that rstands everything we are doing in the way of . Jim Tolleson said the 911 system is a tran- central office and takes almost a year to is transition. nor has it been requested. but the project. Jim Hawkins thanked Jim time he had put into it~ inclu.ding getting asked to meet wi th the Li cense Commi ttee. Pol ice Chief and Ci ty immediately following the meeting. there was a 50 foot road easement at the end of Hickory 5. from Evergreen Trail to the city limits ty be quit claimed to Howard and Betty Henson. Henson will bear all costs of the deed. John is a closed street and lies within the flood d by a 6-1 vote. with Jim Tolleson vobng against. we passed an increase in water meter and sewer tap with most developers in the area. and in Hawthorne e were approximately 70 pre-sold units. Jack prior to adoption of.the new sewer tap fees. contract. the sewer tap fee be waived for do not build on the. lots within the 6-month period. fee. Elbert Coalson seconded the motion which Jack said at the 1 Jack sa d C ion which can be veri fie a period of 6 months. they will have to pay carried by a 7-0 vote. Jack said he had letter from Jim David regarding Green Forest Subdivision. Unit 9. When Merlin n construction in Unit 9 he removed a pump station and laid a complete new 0 1 line. through an agreement with the City. resulting in a to the City of $10.000. Mr. Burt paid $55.000 to accommodate his City of Smyrna. Jim David recommended that sewer tap fees for 22 t 9 be waived for a eriod of 12 months. and the water meters sold at a cost of and Jack Shinall made a motion this be approved. seconded the ch carried by a 7-0 vote. All Baptist Church have complained of low was a 2" ma i n on Bourne Dri ve wh i ch was no pressure at all. The cost to lay a 6" line. would be $2450.85. including 400 feet of pipe. fire equipment. Jack made a motion this expense be e E&C Fund. Elbert Coalson seconded the motion be authorized to sign an agreement with on of their dedication of a sewer easement . and in e agreement the City will maintain ls seconded the motion. Chuck Camp easement. taking over their to tap into it for other develop- the opinion that for the City official action of the Mayor and Council. in the development of Plumtree and has never City and therefore has never been accepted. For to maintain it although if they had trouble with the of the agreement repai rs if Vote on franchise tax check this year a note for $200.000 and the comp 1 i All the and his people for the and they were just 40~ job they di d raising in the budget for for the award of was awarded to Elbert made a of $30,832. Jerry bi ds. on the cars ef Little said it prices on a State specifications. The package. John said he set pri ce wi thout taki date on these cars with John Steely opposed. ld his exper- Ford b uyi ng the n Stee ly read League approved. Pete Wood for a parade for April 18th. John conded the motion which for the motion by a 7-0 d Recreation Commission was charged Director in.acp:;nTlplishing goals for ted was to name. the baseball field at \'IIard. honor of the late Mr. Canada. John read the commission and expressed his appreciation to them. on the fine job he has done as Chairman of the Parks i b i1 i ty One O. the ated ion Old Smyrnarneeting March 10th at 7:30, and 16th. counci 1 With further business,meetil1gadjourne'd at 9:07 p.m. ************************ Council was hel~ order at 7;30 0' members were present. Charles Camp. Police Recreation Director e Director Jim Farley, 1981, at by presiding ent was Little, I fl ag . was given by Elbert Coalson. followed by to the Jaycees sai d 21st and wiTlgo to advised to 1 property located and storage. Mr. Ben.ton said - March 16, 1981 r himself and rent rest of the building. He plans to remodel the ape but does have any existing plans. Mr. Benton does soil ractors or engineering firms and most of his work is done He said there of room for parking off King Street ould have here. Foll ng further discussion. a motion nied for following reasons: ary line for residential zoning and is location. Rezoning this property from residential use to limited commercial would constitute an enc upon one of the oldest neighborhoods in the City and eventual to its destruction. 3) There is no other buffer down Bank Street to separate the strictly residential area from commercial. ed as residential for many, many years and r can show substantial loss of use by denying in view of the potential loss to the neighboring Th I this zoning. properti es. Max Bacon seconded the motion which carried by a 7-0 vote. a variance on property located at 2569 rage. to build within 3 feet of the rearl and at accessory buildings be built 5 feet from trict. and 10 feet on the side line. Jim Tolleson ariances. but there was a problem with the number going to cover. Section 801 of the Code states buildings. including paving. shall not exceed rage Mr. Cohran plans to build is larger than econdary building this size would be too large was receivi laints from his neighbors about d the house and at is his reason for building ars. He has no intentions of doing any commercial e would certainly entertain a variance of some but absolutely nothing this large. The neighbors ved submitted letters saying they had no s. Sandy Brown. 2551 Spring Drive. spoke in r the reason that the building is too large. Jack e a motion to table this request to give Mr. Cohran th his neighbors and work something out. Jim ce request be denied. Jerry Mills seconded the vote. Martin Quirk. attorney represen~ing Smyrna Pawnbrokers at 630 Cherokee Road asked the dealer ordinance applied to pawnbrokers. especially 'on 14A-59 (a) states every precious metal dealer t form to enter each purchase. Following that luding identifying the s of the merchandise by lso a self-developing phot h. In Section 14A-60 11 be made for the Police ment for all property Mr. Quirk saip pawning s actually a pledge thing else. His client s both; they buy ous metals. He felt his client would have to ring them to make daily reports. but 14A-59 would ey purchase. In answer to a question from Jerry handise pawned and not picked up within 30 days dispose of in any way he chooses. Chuck Camp ly to pawnbrOkers if any item containing precious ted strictly to the purchase of such items. Jim od ordinance and the only real difference in items versus other items. is that the seller must felt the City was doubling up on their regula- tal and his client was only trying ins d that Mr. Quirk meet with the t urther, as he the ordinance. ance amended by video taping 'ng photographs as one means of cutting advised Mr. Quirk to get with the City Attorney Continued - March 16, 1981 and Police Chief for further discussion. Elbert Coalson said he had never heard of any complaints about Smyrna Pawnbrokers. and thanked them for running a clean p 1 ace. Commercial Building Permits: A & P Food Store at Belmont Hills Shopping Center requested acpermit for the addition of a delicatessen at an estimated total cost of $60.000. Plans have been reviewed by the Fire Marshal and Inspections Depart- ment and Inspector Qan Steely recommended the permit be approved. Jerry Mills made a motion the permit be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Mayor Johnson read a procl amati on decl aring Apri 1 11, 1981 as Cysti c Fibros i s Day in Smyrna. The proclamat.ion was pre.sented to t-1rs. Karen ltJalters. and Mayor Johnson thanked her for the good jOb she has done for this worthy cause.. Committee Reports: (Parks) John Steely said the annual Super Family Field Day would be March 29th at King Springs Park. The Cobb County Special Olympics progri':l.m wi 11 be at Larry Bep track on March 19th. John said the Campbell High School basketball team represented us at the State tournements and he commended the coaches and players for the good job they did. Elbert Coalson said Campbell didn't have anything to be ashamed of because they lost the finals in the tournament, and that he was certainly proud of them. (Police) Elbert Coalson said at the previous meeting we accepted the bid on the State contract for the purchase of four police cars. and made a motion this be rescinded. Jack Shinall seconded the motion. Vote on the motion carried 7-0. Elbert made a motion that bids be let for four police cars to be sent to Ford and Chevrolet dealers in the metropolitan area~ to be opened at the next Council meeting. Jack Shinall seconded the motion which carried by a 7-0 vote. Jack Shinall said it was his pleasure tonight to make the wDtion that the base- ball field at Ward Park be named "Clarence O. Canada Field" in memory of Clarence O. Canada who served Ward 5 for over 10 years. He died last year. and will always be remembered for his work with the youth and community. Elbert Coalson seconded the motion. saying he served on council with Mr. Canada longer than anyone else and he had done a lot for the athletic programs in the City. even before we had a Parks Director. Jerry Mills said he also served with Clarence for many years and he worked hard for the City. He thought this was a good honor for a good man. Vote on the motion carried 7-0. (License & Permits) Jim Hawkins said the Planning and Zoning Board would meet at 5:30 on March 23rd and one item on the agenda is recommendations for some changes to the zoning ordinance, particularly the zoning classification proposed for duplexes and townhouses. Jim thought it would be good for any councilman who was interested to attend this meeting and give his input. Jim Hawkins asked permission from council to ask the City Attorney to look into the possibility of drawing up some new ordinances requiring modeling agencies to operate under a privilege license. subject to police investigation and voted on by Mayor and Council before any license for that type activity could be granted. Jerry Mills also recommended that no other business licenses of this type be issued until the new ordinance has been approved, and made a motion that no business licenses for mOdeling agencies be issued for a period of 60 days until the ordinance is prepared. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Hawkins said Wills High School did compete in the State tournament. although they were eliminated in the first game. We had two high schools in Smyrna go all the way to the State championships and that speaks pretty well of the Smyrna Athletic Association, because most of those boys played SAA basketball in Smyrna. This is the second year in a row Wills has been to the State championship. (Streets) Jerry Mills said we have had some problems with parking on Highland Drive and read a recommendation from the Public Works Department that no parking be allowed on either side of Highland Avenue at the crest of the hill for a d~stance of 300 feet. Jerry made a motion these no parking signs be ~pproved. J~m To~leson s~cond~d the.motion but expressed some concern about erecting these slgns 1n a res1dent1al nelghborhood. Vote on the motion carried 7-0. March 16. 1981 Jim Tolleson asked if there was f the air :30 on Fr quite a they coul d a phone call call. any agreement between the City and Lockheed . and if there was a curfew. Jim d it ght and caused his ~indows to rattle and ints from his neighbors. He called Lock- e tunnel until 1:00 a.m. Mayor Johnson Simmons at Lockh.eed would help, cmd said he sai d he and at the ne Jack Shinall said and Elbert Coalson to remind residents that parking on both sides of was not a good idea; if a fire truck needed so. Jim said if it was necessary to park on the red to allow easy passage. nall would like to introduce the new Internal 1 meeting and hopefully adopt it at the following woul d probably need a work sess i on before it was called a meeting for March 23fd at 7:00 p.m. aid he would like a res i denti a it would be unable the cars should be Jim Toll Control meeting. adopted. Tolleson said the central dispatch system would bei~ operation April 15. 1981. listed the following advantages of the new system. 1) Will save the City money. but the sole purpose ,of this system is to improve the quality of our emergency call handling and dispatching. 2) Provides one easy 7 igit number to call in our city for any emergency and makes two dis available with adjacent dispatching positions covering any type emergency in the City. 3) Provides for increased coordination by dispatchers in emergencies. 4) Provides coverage for public works and parks during off-hours. 5) Provides direct radio and telephone contact with the responding ambul ances. 6) Provides for increased professionalism by dispatChers through a taped training and monitoring system. 7) Will upgrade the pay scale for dispatchers. 8) Provides for centralized communication planning, which we need desperately. 9) Provides for dialers and wri ter tape r more modern communication system. using automatic ic telephone features. The State network type- been updated and we will be installing a 24-hour system for all emergency calls. 10) Will allow three firemen now answering telephone calls to return to fighting fires. 11) Provides a much easier and faster way for our citizens, or visitors to our city. to reach help in an emergency. Jim said the citizens would not be calling this number for ambulance dispatch. but if they did. our people would be trained to contact an ambulance in a moment's noti ce. nts: Woodmere-Jacksonville reception March 17th at the Marriott; CMA March 18th to discuss local option sales tax; next council meeting April 6th. With no further business. meeting adjourned at 8:50 p.m. Health Department Department. City of Smyrna ewer. Ms. lela long ens St.. Smyrna. Georgia bid prices on installation of a sanitary sewer Ms. long and six (6) other homes adjacent to her. I have received request from Council "to obtain new bids and sub- ~ .~ ..__.L~~~ M~V'rh 1h~ 1QS1. 7:30 p. m. for you could delay any action from your department uncil Meeting. ditional information. please contact me. :. TMENT 277 FAIRGftOUNO ST.. $. E. MARIETTA. GEORGIA 30060 TELEPHONE. 422-9.440 March 3, 1981 la Long ephens street Smyrna, Georgia 30080 Re: Your property at 1195 Stephens street Dear Ms. Long: A check of your premises reveals a condition which constitutes a health hazard to the. community. The observed health below. and necessary minimum correction is described shortly arter March 23, 1981. You are herewi as a reasonabl or the rererenced health hazard and alloted 15 ch to make the necessary correction. We will recheck you please reel rree to call us. Sincerely, John Publ Sanitarian n JA/pm Health Hazard: errluent leaking to the surface of the ng a potential health problem to the Correction: Repair septic tank system so that all sewage waste water is absorbed below the ground surface. j3~ ~ y-rltP y- I u I DEALER DEALER ordained that of the Code ordinance may ts €Inti as tal ous or ous stones or in any form, ial s other than as incidental turi into sifi "new" shall automatically serve icant. by filing an appli- person or' persons ted ve. s as City and who s considered facts relative to such . with i n th i ( 30 c dismiss the red herei n. and Council. under this section. to cover the cost icll shall e fees. ed, and the rand 1 . Clerk or his designate. with or convictions pro- for denial of license. where the shows any or has a bad to on i the the business ice powers of any or revoked. nance the document in cer. agency or of any law. ordin ce or on. or resolution ng to authority gran -2- any fee red under this article or the sions of this article. twelve-month n 'Ie business o is article. 09 the fi 1 i ce as defi ned of l4A-47. of licenses . to licenses - Generally. and Counci 1 tions. any license Section aced or or longer the ve ( "Due Cause" for any of the follow; (1 ) A 1 i censee suspension or on of such icense shall consist ve business ce if he: s a ( or any services other ity or or measure or recordi any sale ( ) less than -3- ty ( Provides a service which is of an unreasonabl lesser i th service or or ther fraudulent business Ie laws of the State of on which Cl. (2) ( Clerk or s des; { the ration, necessary i pur- officer. r Un resoluti of the ( ( of the 1 cense on fil e wi th the of more than of of ted with the 11 cense sha 11 Sect; on 14A-52. cense fee to be set and 1; refunds. each classification of license hereunder shall 1 a cal year period and in of cense the ration of r thereof shall not be entitl to receive r 11 be 1 . each -4- 1 i cense i ss ued year for which i r this article shall s issued. re on Decembe 31 of the e fee shall and 11. calendar business commenced on annual license fee as for any business a ri license to authorize conduct of one ace of business. ace of business in more than a. shall business. ther shall not; the office of the f the new in writing on te. no later than the of of a twenty- 'Ie 's zoning regulat on. sh 11 be pos license in the cuous i in licensed months after the referred to in r and Council. ve within the three- lation of to the license holder. Sect; 57. Renewal. of the C; license calendar year Section 4A-58. vilege (a) bus; imp cou 11 the resolution business. carryon such and condi ti ems or law of the city, All licenses he the sarti state or Un; the front these words: "Th i s annuli the future nances e iminati cause." Secti I1formation be shown; i on form. of { Ever i n w h i ch maintain a book. n ish at the time each -5- metals. the following information: containing (1) The date o'f the ( The name of the ( ; making the 'from the seller; of the seller of ; and the social of the including of the or thereon; 51 of the seller. lot ng. also shan offi cer at all nts" etc." to be ; Section deliver a dany a. in such 'form as i 1 censee 1 ay evidence of an article or articles issued driver's license person sell such as a -6- . and the licensee shall record the driver's icei1se r feature of such evidence of identificati licensee or constitute an the pravis in Section thereof to shable as Section 14A-61. oyees. The hours within :00 a.m. that the a of business shall be . P ice shall see are enforced. Section of (30 ) after thi the word of the other- shable mutilated or altered. dealer to se with a seri mutilated or altered. noti the police. Section 14A-66. obtiHn or or oyees to receive. or a nor. For the purposes (1 years of age or under. transfer license. r and obtain a license. as on for transfer of an ex; cent of the red fee shall $ or which person ng wi article. Section 14A-67. 5io05. misdemeanor; i unctive of this article shall be deemed of the State of a and. ded for misdemeanors under Section 14A-68. If person shan arti e. such fee is license fee as manner as -7- ess of the ons herei 11 for Prior . etc.. enforceable. to business 1 e 1 rema i 11 i n execution shall have been