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April 6/7/20, 1981 Council Meeting Apri 1 6. 1981 r scheduled meeting of Mayor and Council was held pursuant to the Charter . 1981 at City Hall. The meeting was called to order by presiding officer k Johnson at 7:30 o'clock p.m. All Council members were present. Also was City Attorney Charles Camp. City Clerk Willouise Spivey. Police Chief Little. Assistant Fire Chief ;-:ubert Cochran. Public Horks Director Jim David. 1 Defense Director Jim Farley, Building Inspector Dan Steely. Parks and Recrea- Director Bill Johnston. Jim Tidwell from the Bureau of Fire Prevention. and esentatives of the press. was given by Councilman Jim Hawkins. followed by the pledge to the flag. There were no citizens reports. Bid as Bids for four (4) new police cars were opened, read and are recorded Hub Ford Carey Paul Ford Beaudry Ford LJade Ford Na"lley Chevrolet Allen 11 Ford Nea Har te Ford Days Chevrol et $7.961.62 ea. 8.468.01 ea. 8,460.87 ea. 7.976.59 ea. NO BID 7.962.35 ea. 7.926.73 ea. 8.206.51 ea. NO BID Elbert Coalson made a motion the bids be turned over to the Police Committee for ir recommendation back to full Council at a called meeting. at which time the d would be awarded. Jim Hawkins seconded the motion which carried by a 7-0 vote. Annexation: John Steel made a motion that the Nations' property. approximately 30 acres located in Lot 529. the',legal description being read and recorded in the minutes of, March 16. 1981, be annexed into the City of Smyrna and made a part of Ward 7. Jerry Mills seconded the motion which carried by a 7-0 vote. Validation of proper R. B. Bennett. Sr., requested annexation of 13.49 acres and Lot 264 and the legal description was read as follows: "We the undersigned, 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 (Geor9ia 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 264 of the 17th District, 2nd Section of Cobb County, Georgia. and being more parti- cularly described as follows: BEGINNING at an iron pin located at the southeast corner of said Land Lot 264; thence running north 88 degrees 58 minutes 20 seconds west along the south line of said Land Lot 264, six hundred twenty-eight and three hundredths (628.03) feet to an iron pin; thence north 0 degrees 07 minutes 25 seconds east. one hundred and ninety-seven hundredths (108.97) feet to an iron pin; thence degrees 10 minutes 19 seconds east, two hundred seventy-seven and seventy-eight hundredths (277.78) feet to an iron pin; thence north 0 degrees 23 minutes 53 seconds east. one hundred sixty-two even hundredths (162.67) feet to an iron pi n; thence north 0 m'irlUtes 44 seconds east, two hundred twenty five and six hundredths feet to an iron pin; thence north fifty (50) feet to an iron pin; thence north 0 degrees 13 minutes 12 seconds east, one hundred sixty-six and si n hundredths (166.16) feet to an iron pin; thence south 78 degrees 14 utes 44 seconds east, six hundred forty-six and seventy eight hundredths (646.78) feet to an i in located on the east line of the above mentioned Land Lot 264; thence ng south 0 degrees 35 minutes 03 seconds west east 1 d Land Lot 264, five hundred fifty-one and sixty- hs ( to an iron pin; thence continuing south 0 degrees 12 seconds w g the east line of said Land Lot 264, three and fifty- t hundredths (318.58) feet to the iron pin of BEGINNING. 40 minutes hundred located at tHO sn 1'HEIR HANDS AND SEALS. AND 'THEREBY MAKE ION 1'0 1'HE CI1'~ Of SM~RNA. of the of tle holders of the fee simple title, or land area above described by acreage: a motion the s Jim Tolleson zed R. B. and our city. be validated and the motion which Sr., Rem Bennett and Roy them on their signifi ng set 7-0 vote. principals contribution Rezoning: George E. and James O. Nations requested rezoning of approximiitely 30 located in Land Lot 529, from R-20 to RHR and Fe. There was no opposition to , and the Planning and Zoning Board had unanimously recommended it be Mills made amotion the rezoning be approved. John Steely which carried by a 6-0 vote. Max Bacon abstained. (1) Reed requested a front yard setback line instead of required by ordinance on Lot 8, Corners, 1601 Walker There was no opposition to the variance Mr. Konigsmark expla the duplex he is building is approximately and when he started construction he could not locate the pins, so he curb as a reference poi ntfor the setback and later found that the street in center of the right-of-way. Also, the framer made an in batter board strings. s was the fi rst structure side of he did not have anYcornparisons to indicate that he too close Jerry Mills made amotion that Mr. Konigsmark be fi for Section 801 of the BUilqing Code, to insure that he more the future. Max Bacon seconded the motion which carried by a 7-0 vote. i as possible; working Jim Tolleson motion which Shopping Center requested a variance from spaces per 1,000 square feet of gross feet of gross floor area. Thiswould 368 to 338. Mr. Yeager explained there and he had moved the building as go under the easement with any constraints. it had cut them down on made a motion the variance be approved. Jim carried by a 7-0 vote. (3) Properti es requested three vari ances for thei r new constructi on, Lake Park Project, on U.S. 41, as follows: (a) Section 802 requires a maximum height of buildings of 35 feet, and they requested a variance to allow a height of 63 feet. 901 requires 180 square feet per parking space, and they requested a variance to allow 153 square feet per parking space, with a two-foot overhang. ( on 906.3 requires one parking space per 250 feet of gross floor area. Lincoln Properties requested a vari ance to one space per 292 square feet, or 360 spaces instead of the 420 required by ordinance. read the letter from n Properties requesting t was self-explanatory, made a motion the varlances Coalson seconded the motion which carried by a 7-0 vote. variances granted. ( 4) the inches s imi came a 1 she Foll Continued.. April 6,1981 him the opportunity to represent his people. As a point of clarification, eson said his motion to continue the hearing applied to the variance which was on the agenda tonight and did not pertain to Mr. Cohran's first t. However. his appeal of the first variance request and the one on the tonight are so similar. they might as well be discussed at the same meeting. hinall said some of the terms of the Planning and Zoning Appeals Board had expired, and he felt it was imperative that we re-establish this Board as a working body. Chi David Hilton of the Cobb County Fire Department was present to discuss the pos ility of the of Smyrna Fire Department merging with the Cobb County Fire Department in rdance with a recommendation by the Grand Jury. Also present was Commissioner Harvey Paschal. Chief Hilton said he could not speak for the Cobb County Board of Commissioners or the Cobb County Civil Service Board toni , but he wanted to layout the plan up, to this point involving personnel and gistics, should the merger take place. The 52 Smyrna fire employees would be merged within the county system with pay raises for many of them, since the county has a higher pay scale. They would be merged on a year..by-yeat~ basis, meani ng no loss of servi ce time. If the merger takes pl ace, it wi 11 hopefully be done without the ,firefighters realizing any change. The only difference would be that they would report to Chief Hilton, and he in turn would report to the Board of Commissioners. Another portion of the merger would be the giving up of the fire equipment, fire stations, and any portion of the fire service we have in the City. At a previous meeting, it was suggested that the City keep one of the buildings. and in would be left up to the Board of Commissioners and the Mayor and Counc Bacon asked if any new equipment would be brought into this area. Chief H n said fire equipment would be replaced as needed on a periodic basis, just as the county does now. They run their apparatus between 15 and 18 years before replacement, but there would have to be some logistic s made, such as moving an aerial ladder into the City. He has received cial notification 'that the City's fire rating would be raised to 5 after the merger, as is the rest of the county. It is expected that the response time would be quicker, especi in areas such as Cobb Center. Also, highly populated areas such as Smyrna are ones the fire departments are most concerned with. Elbert Coa15on said the citizens of this to\^m had a lot invested, through their tax dollars, in the Fire Department and it has always been one of the better services we had to ,offer. He felt there were a lot of things to consider before going through with a merger. Chief Hilton said there was still a lot of research to be done before a decision could be made, by either the City or County. Jim Tolleson asked if services would be improved in the City and Chief Hilton said the response time would probably improve in some areas, and also additional equipment and personnel would be available on first alarm response. It would definitely eliminate the confusion of whether or not the City or County should respond to a fire near the city limit lines which now separates jurisdiction. Mayor Johnson said a merger would benefit our citizens in that we could cut our tax rate by 3.6 mills, which is the percentage paid for re district tax. Also, he felt it would upgrade the fire departments through improvement of the type vehicles, and quantity of vehicles available to.respond. It would also,benefit the employees by giving them an automatic increase in pay when they transfer to ty pay scale. without loss of seniority. Mayor Johnson thanked Chief coming and explaining the proposed merger. (1) Southern Bell requested a permit for additional ost of $30,000. Plans have been reviewed by the ire Marshal and Inspector Dan Steely recommended the ly made a motion the permit be approved, seconded e motion carried 6-0, with Jim Tolleson abstaining. (2) Food Giant, 2370 South Cobb Drive, requested a permit to change the existing refrigeration fixtures at a total estimated cost of $40,000. Plans have been reviewed by the Fire Marshal and Inspections Department and Inspector Steely recommended they be approved. John Steely made a motion the permit be approved, seconded by Jim Tolleson. Vote on the motion carried 7-0. (3) West Lwmber Company requested a building permit for 2600 South Cobb Drive for a new construction at a total estimated cost of $360,000. Plans have been reviewed by the Fire Marsha1 and Inspections Department and Inspector Steely recommended t approved. James Pressley is the owner of the property and was present. Shinall asked Mr. Pressley about the buffer, and he said there would be a 20-foot buffer which is more than required by ordinance. He has also talked with the vice-president of West Lumber Company and was advised th~Y never operate after 8:QO p.m.; their hours are 8:00 a.m.ta 8:00 p.m. There 1S Conti nued - April 6, 1981 also a side. fence on 1 made a motion which of the property. with shrubbery on the out- building permit be approved. Max Bacon a 7-0 vote. Jack 1 said he had noticed had a liquor store on South Cobb Drive that has gone into the nursery business, and asked Inspector Steely to check into it. Elbert Coalson Internal oth I said all the Counci 1 tem which . as to System be adopted. vote. a motion the minutes from March 9, 1981 be approved as submitted. the motion which carried by a 7-0 vote. members had received a copy of the proposed to general matters of City H(ill and all will be run. Elbert made a motion the im Toll eson seconded the motion whi ch Jerry Mills Max Bacon Jim Jack made a motion the seconded the motion of March 16, 1981 be approved as submitted. carried by a 7-0 vote. Max Bacon thanked Chief Hilton and Commissioner Harvey Paschal Max said Chief Atkinson would be in the hospital for 3 or Mills read a block Bank .m. on be hung e TV to approved. Max the Parks and from Atlanta Road to Ki 25th for the Arts & of Spring Street and festival. Jerry made a the motion which carried Department from ti va 1- Road in these a 7-0 vote. a motion the following projects be approved, and paid from State 379 feet of lizer for a on Powder Springs Street, plus seed cost of $825. Overl ay of a porti on of Church Street and curbing, at a cost of $2,250. Ward 2: Curbing both sides of Lee Street at a total cost of $4,490.50. Jim seconded the motion which ed by a 7-0 vote. from Elbert Coalson, and 20 feet of sidewalk on said he had written we wait several Shinall said he authorizing the system eval authorized ingsigned. Jack said one the the original bid price, so by $16,000. agreement, grant apply for Jack read the resol e documents, subject to seconded the motion City had already been Welker and Associates has on said on fell at for him has used all his 1;1 bert made a moti on up when he is able ed by a 7-0 vote. 7, 1981, Officer John and injured his back. weeks ago, to help with sick leave and he be given 2 weeks return to work. Jim the held Department, Cobb the good work they in ha~ put together a b ThlS brochure can be out- up said each year the City sponsors two girl's softball teams. the Smyrna Jonquil City Kiwanis. The sponsorship fee is $150 per team. and John a motion funds be approved to sponsor these two teams for the 1981 season. Shinall seconded the motion which carried by a 7-0 vote. John said the Parks Department will begin their afternoon movie program again, with one on April 14th and another on April 16th, beginning at 1 :00 p.m. John expressed tion on behalf of himself and the Parks and Recreation Commission to Wit and the other county commissioners for the 250 feet of pipe being put in at Jonquil Park. John said the Cystic Fibrosis Foundation would have their tennis tournament beginning April 10th. Announcements: Next Council meeting April 20, 1981. With no further business, meeting adjourned at 9:16 p.m. ************************ A special called meeting of Mayor and Council was held April 7, 1981 in the Mayor's office at City Hall for the purpose of awarding bids opened April 6. 1981 for four (4) police cars. Mayor Johnson called the meeting to order at 5:30 o'clock p.m. All Councilmen were present except Jim Tolleson. Elbe t Coalson stated ce Committee had recommended that only Wade Ford and Chevrolet, the the State contract. be considered. Wade Ford's bid for four (4) LTD po e cars was $7,976.69 each. Cody Chevrolet's bid for four Chevrolet kage vehicles was $7,708.00 each. Mr. Coalson said he would like to e Ford but it would cost the City an additional $1.074.36. It wa rought out that Wade Ford was the only large dealer in the City. they pay taxes. and that we should deal with them. After further discussion Elbert Coalson made a motion the bid be awarded to Wade Ford for a total cost of $31,906.36. Jack Shinall seconded the motion which carried by a 6-0 vote. Meeting adjourned. ************************ April 20, 1981 The regular scheduled meeting of Mayor and Council was held April 20. 1981 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson. All Council members were present except for Jim Tolleson who was out of town. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey. Police Chief Everett Little, Assistant Fire Chief Hubert Cochran, Fire Prevention Captain Jim Tidwell, Parks and Recreation Director Bill Johnston. Water Department Supervisor Larry Dunn. Bui 1 di ng Inspector Dan Steely, Ci vil Defense Di rector Jim Farl ey. and representatives of the press. Invocation was given by Councilman John Steely, followed by the pledge to the flag. Cit zens Re orts: (1) Sandy Brown, 2551 Spring Drive, read and presented a petition to r and Council bearing the signatures of 29 residents of the area. opposing the variance request by Larry Cohran on the agenda for tonight. (2) Jimmy Henson with Cobb County Parks and Recreation requested a parade permit for Rhyne Park Recreation Club for Saturday. April 25th from 9:00 a.m. to 11 :00 a.m. Jack Shinall made a motion the permit be approved. John Steely seconded the motion which carried by a 6-0 vote. Continued - April 20, 1981 ( 3) runs same has the ance. the Mayor Sutton complained of sewage which said he had come to th this and the problem still The City en the problem arises and Mr. Tolleson and have been working with the county for assist- and Drive resident said she had called no plans to do any work in that area. said he would arrange a meeting with Commissioner Carson and Bob they couldn't reach a solution in the next few days. Larry Cohran, 2569 Spring Drive, requested a on the requirement to build a garage. This request was continued from and Mayor Johnson said that in view of the fact we are in litigation wi th a court date set for Apri 1 21, 1981, he woul d 1 ike to have s be further tabled until the outcome of the court proceedings. made a motion the be tabled pending the outcome of the liti- John Steely seconded on which carried by a 6-0 vote. Mr. Cohran 1 i ti gati on was pendi ng ago when he came before counci 1 and v/anted he was not informed then that the request would be tabled pending the sion. Attorney Camp said he did not know the suit was pending at that had no knowledge or notice of it" Elbert son read a letter from Smyrna Girls Softball Association requesting a parade permit for their opening day ceremonies on May 2nd. Elbert Coalson made a motion the permit be approved. John Steely seconded the motion which carried by a 6-0 vote. Parks) John St~~ly remi nded everyone of the Arts & Crafts beginning at 10:00 a.m. on Saturday. (Police) Elbert Coalson said he had to appear before the Grand Jury last week Police Department and we. rec~ived a good report except for two is the painting inth~<::ourtroom and another is the lighting in the recommended the courtroom be painted and the ladies cell be light. and Elbert made a motion these findi.ngs be corrected. uggested we contact several painting contractors and have sealed the next meeting. son said at a previous meeting it was approved to install Welcome All Baptist Church and asked why this work had after it had been voted on, Jim David contacted and informed were 3 employees from the Water Department in the hospital. They to get the job underway by the end of this month. ) Elbert Coalson said the Civil Defense and Disaster Relief Depart- changed to Emergency Management and Disaster Relief and this name should be amended in our Code of Ordinances. Jim Farley said the name make us consistent other Federal and State organizations. Mayor the printing would costly, just to change the name of Civil Defense, if it would be worthwhile. Elbert Coalson made a motion this ordinance approved, seconded by Jack Shi nall . Vote on the moti on carried 6-0. Attorney Camp said he had not received a copy of it, and wanted to go on record as having not seen the proposed change. John said that Jim Tol was involved in a law suit and made a motion that be authorized to represent him, as it is a case relating to city m Hawkins seconded the motion which carried by a 6-0 vote. Jack Shinall said at the last meeting we approved operati procedures presented by our audi tor. Incl uded in the procedures some recommen- our water billing department. one being that we interfaCe our cash for the entire This would include parks . , etc.. directl a cash computer tem, pl the cash In budget the water $25.000 jet machine is not economically us to purchase at this time. This be interfaced for approximately $4000 to $5000. and Jack made a motion request proposals for this system to be at the next council Max Bacon seconded the motion which carri vote. With no Next council meeting on May 4, 1981. business, meeting adjourned at 8:09 p.m.