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November 2/16, 1981 Council Meeting November 2, 1981 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter 2, 1981 at City Hall. The meeting was called to order at 7:30 o'cl p.m. by presidi r Frank Johnson. All Council members were present except for John Stee ose father was seriously ill. Also present was City Atto Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little. Acting Fire ief Hubert Cochran, Public Works Director Jim David, Parks and Recrea- tion Director Bill Johnston, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Tolleson followed by the pledge to the flag. There were no citizen reports. Bid Opening: Bids on the replacement of the heating and air conditioning system for the Library were opened, read and recorded as follows: Cobb Heating & Air $5,929.00 1125 Concord Road Smyrna, Georgia Clayco Heating & Air $7,814.00 3310 S. Atlanta Road Smyrna, Georgia Daco Services $8,400.00 819 Tranquil Drive Austell, Georgia Neese Heating & Air $9,876.00 31 Huntwood Drive Smyrna, Georgia Reeves Heating & Air $7,870.00 545 Glover Street Marietta, Georgia C. C. McCall Heating & Air $9,856.00 1073 Atlanta Road Marietta, Georgia Jim Hawkins made a motion the bids be turned over to the Library Committee with authority to award to the lowest bidder meeting specifications. Elbert Coalson seconded the motion which carried by a 6-0 vote. Variance: Mike Austin represented Kentucky Fried Chicken at 2431 South Cobb Drive in their request for a variance of the front yard setback from 50 feet to 20 feet. Mr. Austin said their plans were to tear down the existing structure and the new building would be larger, making the 20 foot setback necessary. The back of the slopes and would require extensive fillwork to build further back on the lot. ert Coalson made a motion the variance be granted, subject to approval from the State Highw rtment. Jerry Mills seconded the motion for discussion. Jerry said we needed tablish a building line for South Cobb Drive and if this variance is approved, et the setback on this construction be the building line. Following a question from Elbert Coalson, Jim David said in his opinion, he felt the Highway Department would object to the 20 foot setback. Jack Shinall said he felt there were too many unanswered questions and made a motion the variance request be tabled until a let is received from the State Highway Department with their recommendation. Jim kins seconded the motion which carried by a 6-0 vote. Beer & License: Simon Chan, Inc. (China Station) located at 2528 Spring requested a beer and wine pouring license, the applicant being Atty. Kai Kee Chein, 3185 Jay Lane. Jim Tolleson said a letter was presented to the City from owners of Cumberland Bridge apartments stating they had no objections to the license being granted and a letter was also read from the police department sing their investigation did not reflect any factors that would bar the permit iog granted. Mr. Chan said he understood the ordinances for beer and wine licenses. He had managed a restaurant in Atlanta for his parents and had ad any problems associated with serving of minors. ry Cohran stated he objected because the restaurant was located across the from a church, with a day care center next door, and Argyle Elementary a short distance down the street. He felt this was an improper place to Continued - November 2, 1981 have an en to the ments a 1 etter fe 1 tit was the begtnni ng of Jim Hawkins said he was. opposed was too close to Cumberland Bridge Apart- even though the owners had submi tted their Dunn Street said this building has been occupied by several establishments in the past and he thought it would be vital be able to sell beer and wine. Jim Tol~eson made a motion the application be approved, pending approval of the fingerprints sent to the State. Elbert Coalson seconded the motion which tied by a 3-3 vote. Voting for was Jim Tolleson, Max Bacon and Elbert Coalson. Opposed was Jim Hawkins, Jerry Mills and Jack Shinall. Mayor Johnson voted in the affir- mative to break the tie. Elbert Coalson made a motion the. minutes of October 5,1981 be approved as submitted. Jim Tolleson seconded the motion which carried 6-0. Jim Hawkins made a motion the minutes of October 19, 1981 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. There were no commercial building permits to bring before council. Committee Reports: (Employee Benefits) Max Bacon said the insurance committee had not yet made a decision on the renewal of health insurance. The existing policy does not expire until December 31, 1981, and hopefully they will have a recommendation for council at the next meeting. (Streets) Jerry Mills said he had received a cost figure of $17,200 for traffic signali:z:ation at U.S. 41 at Post Village Drive, SR3 and Spring Street, SR3 and Fleming Street, and SR3 at Cherokee Road. This information will be left in the City Clerk's office for each councilman to review, and act on at the next council meeting. These repairs would be paid from State Grants. Mayor Johnson said the State Highway Department has demanded that the signalization at these locations be upgraded to their standards. Jack Shinall said he had received a several streets he mentioned at the was one alternative, but his ori able alternati Jack said d could p cost for installation of flasher lights at last meeting. Jack said he was sure that request was that Mr. David report back with help the traffic situation on Birch Street hold off on this request until the next a recommendation. Benmac re it runs into Old Spring Road was as a dedi This right of way located between was never utilized by , and Mr. Coalson made a motion this qVit claimed to the oining property owners, Mrs. Ruby i'J. Andrews Spring Road and Mr. L Kimberly of 2200 Old Spring Road. Mrs. Mr. Kimberly would share the cost of attorney fees involved. Jack seconded the motion which carried by a 6-0 vote. t.'h- . and that the pavement on Cherokee Road at South Cobb was very rough David to look at it and see what could be done. Attorney Camp about the status of the quit claim North Avenue, approved by council several months. requested a survey be done and he has still not recei requesting the deed brought a copy of a tax map and the could not be used because it was impossible to tell what portion may on adjacent properties. for the Camp said The description or may not be Cobb Medi mental Heal parlors Mr. was asked to Mr. Camp sai Depa rtment, State of none of to determine was his opi by some We cense restricti status of the Dan Steely had County Medi ca 1 and the Department of es have any regulations parlor is a public unless they were actually , the City cannot ing regulations as to on th the of (Env i ron- tattoo any way. a law or lly ors, nor ohnson said that Cobb e for block grants ne cide whether or not the cities in Cobb Coun tition with allot County has just received word that they will be year and council needs to meet before November 15th of Smyrna will enter into joint application with other option would be to apply separately, in s of our size throughout the State. TV said the election returns would be broadcast ty Hall. Wendell Dean of Smyrna live tomorrow night, from With no further business, meeting adjourned at 8:14 p.m. ************************ November 16, 1981 The regular scheduled meeting of Mayor and Council was held November 16, 1981, at Smyrna City Hall. The meeting was called to order by presiding officer Mayor on at 7:30 o'clock p.m. All Council members were present. Also present Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief R. E. Lit Acting Fire Hubert Cochran, Parks and Recreation Director Bill Johnston, Public Works rector Jim David, Civil Defense Director Jim Farley, Building Inspector Dan Steely and representatives of the press. Invocation was given by John Steely, followed by the pledge to the flag. amation: Mayor Johnson recognized Alton Curtis with the Smyrna Optimist Club troduced Laura Casey, Clint Bridges and Paula Markevich, recipients of the Youth Appreciation Week awards from their respective schools. Mayor Johnson read a proclamation in recognition of Youth Appreciation Week and presented it to Mr. Curtis. Dusty Bennett, Superintendent of Elections, read the , 1981 election, a copy to be made a part of these minutes. Jim Tolleson made a motion the results be approved. Max Bacon seconded the motion which carried by a 7-0 vote. There were no citizen reports. Variance: Kentucky Fried Chicken on South Cobb Drive requested a variance to build to within 30 feet of the right of way. This request was tabled from the last meeting, at which t requested a variance to build to within 20 feet of the Elbe said a letter had been received from the State High- t stating the decision would be left to Mayor and Council. Mr. Coalson felt the new would enhance the area and understood the existing structure was about to demned by the Fire Department, and made a motion the 30 foot setback be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Re Mr. Gene Barnes requested rezoning of property on the south side of Pat Me in Land Lot 3 from R-15 to Residential Duplex. The rezoning was unanimously recommended pproval by the Planning and Zoning Board. Mrs. Sara F. Watkins. 562 the development would be of this type. Mrs and residents in the would be only one buil Pat Mell Road said she was under the impression that for multi-family dwellings and would oppose a development said traffic on Pat Mell Road was already a problem ave very low water pressure. Mayor Johnson said there on the site, containing two units. Mrs. Davis of 524 Pat Mell Road asked how water and sewer service would be supplied. Jim David said the county lines would be used. Mrs. Davis said it would be difficult to tie onto the existing lines because they are too high. John Steely said any problems such as this would be worked out prior to the building permits being issued. ne Spiker of 572 Pat Mell Road objected due to the existing traffic problem need for improved water and sewer service in the area. After further discussion, Elbert Coalson made a motion the rezoning request be approved. Jim Hawkins seconded the motion which carried by a 7-0 vote. come a dj oi , E. Joiner the buildi ng to wi n 12 feet I am the. owner of the property behind Smyrna Auto Parts." Mr. storage. Jim Hawkins said the had not requested the buffer, he requested a ance to of the rear property line. owner stating he had no opposed to Smyrna Auto line. I do further Dell Avenue which is addition woul~ be calls for a 10 foot buffer but not think the City would require onto the etter ons, as extending that y parts Joiner it. A resident of Dunn Street stated he was opposed to the variance and felt it would set apJ"e<;edent for others; variances such as this are causing too much of an encroachment into the residential sections. Jim Hawkins said that Mr. Bryant was one of the few business owners on Concord Road who had complied with the original requirements set forth when the street was rezoned several years ago. Jim said he fought the rezonings then as a private citiZen, but because Mr. Bryant had complied with these requirements, would make a motion the variance be granted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Vari ance: James 10 to5 feet to the meeting the building to Lee of 2551 a ga rage. Jim he would like comply with the Ori ve requested a side yard variance from on said that Mr. Lee had informed him prior withdraw the request and reduce the size of a variance for a building on 17, Slock with Tumo Construction Company said this ng line on the front which isl:!;;; feet off, building was completed. JirnTolleson read stating the survey of the lot showed an 35 foot front building line. The encroach- after the footing inspections. A stop- he was assured the problem would be corrected. frami ng ins pe ct i on and th at we re a variance before a of Steely said he first became of the second time on June 5th, during framing was not on the job site at the time it measuy'ed the 1 ine with him and agreed that his superintendent always kept him informed at this. He was unaware,>until tonight, noti fied of the prob 1 em. Mayor Johnson action they could take. A variance could ruction could be cited into and fined . or the variance could . Which John Steely d not aware of a problem , and that could have been with very further discussion Jim made a Steely seconded the Shinall development and an undue just because he had employee. , just as we have done but , Jack Shinall made a variance be upon. the Voting Elbert Shinall Jim Tolleson, Jim and deny the vari ance vote. . Max Bacon and John against Coalson. Mayor Johnson and would have the time. ment was work The 1 noti occupancy encroachment There were no commercial buil ts to bring before council. s Johnson appli the new made a carried 7-0. Continued - November 16. 1981 Jerry Mills made a motion the following vehicles be surplused from the Street Department: 1 - 1967 Ford, ID# F60C 1 - 1973 Ford F700, ID# 1 Dump Truck DUP72049 Dump Truck Max Bacon seconded the motion which carried by a 7-0 vote. Request for Bids: (1) John Steely said that several months ago, lighting fixtures had been purchased for Cobb Park. The bids opened for installation were too high, and all bids were rejected. John made a motion the installation be re-bid for fixtures in stock. If the fixtures are returned we will be charged a 30% restocking fee and al so; the warranty began the day they were del ivered. Max Bacon seconded the motion which carried 7-0. (2) Mills made a motion that bids be requested for traffic signals for Atl Road at Hawthorne, Atlanta Road at Cherokee. and Atlanta Road at Spring. Jack Shinall seconded the motion which carried 7-0. ( Max Bacon said we had a roof leak at the fire station on Concord Road and a motion we request bids for the repair, to be opened at the next regul~r meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion that section 22-21 of the Code of Ordinances be amended by addi ng one senten ce to the end of the paragraph as fo 11 ows : Il I n all cases. occu ant, or lessee of an home. buildin or commercial minimum charge for arbage icku." Attorney Camp added to the amendment: "....as adopted by City nd on record with the City Clerk. Il Jack Shinall seconded the motion carried by a 7-0 vote. Max Bacon read the estimated yearly cost of insurance rates from all companies submitting a bid as follows: American National Prudential GMA BC/BS Plan II Liberty Mutual GMA BC/BS Plan I State Mutual Equitable Estimated Yearly Cost $227,029.68 $211 ,846.56 $214,028.64 $233,014.32 $245,009.76 $267,805.20 $234,537.36 DENTAL (EMP. & DEP. COVERAGE) American National State Mutual Equitable $ 30,317.28 $ 45,016.56 $ 30,888.48 Max said the Employee's Insurance Committee had met and they recommended to the Employee's Benefit Committee that the low bid of $211.846.56 from Prudential be accepted. Max made a motion the bid from Prudential be accepted with the stipulation that when it comes up for renewal again in one year. the City pay only 85% on the dependent coverage. At the present time, employees pay only $2.00 per week for dependents and the Ci has experienced 30% increases over the last 2 years for this coverage. Jim eson seconded the motion. Max said that $189,000 was budgeted for insurance and amended his original motion for the overage of approxi- mately $22,000 to be id from the Contingency Fund. John Steely seconded the amendment. Vote on amendment and main motion carried 7-0. Jim Tolleson said we were out of underground garbage cans and made a motion that 100 underground cans, 100 lids and 500 liners be purchased at a cost of $12,215, to be paid from E&C Fund. John Steely seconded the motion which carried 7-0. Committee Reports: (Parks) John Steely said the Senior Citizens Anniversary party would be Wednesday at 11:00 a.m. and invited everyone to attend. John said ad two Smyrna Athletic Association teams going to the Cobb County Superbowl the cheerleaders also won first place. Continued - November 16, 1981 (Pol ticket the two, and Mr. the motion Coalson said there are only Printi ng offered made a motion this which carried 7-0. department was almost companies that do this type the lowest pri ce of $1 ,820 for ~xpenditure be approved. Jack Elbert Coalson made a motion the salaries of the City Attorney and Recorder's Court Judge be increased by $50 per month, effective January 1, 1982. John Steely seconded motion which carried 7-0. This increase will place the salary of Judge at per month, and Ci tyAttorney at $150. made a motion that caution lights be approved for the intersections and Fraser Street and Birch at Powder Springs Street, at a cost of , to be paid from State Grants. Jim Tolleson said he was going to vote motion, because he had no confidence in the blinking caution lights. said he also had his ward which was totally ignored by motorists. s seconded the carried by a 5-2 vote. Voting for was Max Bacon, Jerry Mills, Jack Shi Hawkins and Elbert Coalson. Opposed was John Steely and Jim Tolleson. (L i brary) Jim Hawkins sai d at the last meeti ng bi ds were opened for the repl ace- ment of heating aDd air conditioning at the Library. Jim said the bid was awarded to the low dollar bidder, Cobb Heating & Air, at a cost of $5,929. (Fire) Hubert Cochran said Smyrna Fire Department was participating in an experi- ment withC.obb County and Fulton County on a low cost sprinkler system for homes. The experiment will be conducted in a house located behind Campbell's Restaurant on Wednesday at 9:00 a.m. and Hubert invited everyone to attend. Max Bacon asked Jim David and Chief Little to give him a report on the feasibility of using3-way stop signs at the intersections of Dunn Street and Legion Drive and Elizabeth Street at Spring Road. Max sai d he has recei ved several requests from citizens for the 3-way stops at these locations. (Sani Jim Tolleson said pinestraw and leaves will not be picked up on the street s they are bagged. The only exceptions will be for elderly persons or someone who is disabled, and they should make arrangements with the Public WorksOepartment. Anyone else wiTl be sent a letter explaining that the City does not have the manpower or equipment to pick up unbagged leaves. Jim Tolleson said he had discussed the possibility of the police department issuing warning tickets for parking violations with members of council and Chief Little. Chief Little said he would be willing to try it and Jim made a motion the tickets be printed and issued by our police officers on a trial basis. Jim said we have too many dlangerous situations on residential streets where peoplei:lre parking side by side or obstructing traffic. John Steely seconded the motion which carried by a 7-0 vote. Mayor Wi 1 his that Johnson said he was going to be out of town a couple of daYS,i:lnd authorized Spivey power of attorney to sign his signature to a letter indicating the denial of Tumoconstruction's variance request, the reason being would bring undue harm to the applicant. Mayor Johnson reminded everyone of/the run-off election tomorrow&ndencouraged everyone to vote; the Jonquil Breakfast at Fair's Restaurant on November 18th. With no further business, meeting adjourned at 8:56 p.m. ************************ led meeting of Georgia. The Frank Johnson Company, on Lot 17, Block A Mayor Frank Johnson called the were present except Jerry ~/!i 11 s . Council was held November 30, 1981 in City called for the purpose of sing the of a variance to Tumo Construction Village. to order at 5:30 p.m. All Council members present was City Attorney Charles Camp, ~ontinued - November 30, 1981 City Clerk Willouise Spivey, Council member elect Sarah Jones and Roy Moates of Tumo Construction Company. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Mayor Johnson explained the purpose of the meeting and stated for the record that Mr. Moates of Tumo Construction Company had volunteered to pay the City a fine of $300 in lieu of being cited into Recorder's Court. The $300 fine is the limit he could be fined through Recorder's Court. Jack Shinall made a motion the variance be granted, with the stipulation Mr. Moates does pay, voluntarily, the $300 fine rather than be cited into Recorder's Court. The motion was seconded by Elbert Coalson. Jim Hawkins stated he felt sure that Inspector Dan Steely had notified the foreman on the job of this encroachment and no action was taken. Also, in reviewing the plat it seems the side and back building lines are also too close. John Steely said he thought the building was set wrong on the lot, making it too close to the front, side and back building lines. John Steely amended the motion to approve th . for the side and back building lines in the event it is needed. El Coalson seconded the amendment. Vote on the amendment and main motion carried 6-0. With no further business. meeting adjourned at 5:40 p.m. WILLOUISE C. SPIVEY, CITY CLERK Cfrv COUNCIL ~~ POST OFFICE BOX SMVRNA, GEORGI November 17. 1981 TO: ALL MEMBERS FRON: MAYOR, JOHNSON SUBJ: ISLOCK GRANTS At the were dls the Cl ty of three year November 12,1981 at whlch the Block Grants beli.eve i_twas the consensus of Council that should HOp-in" with Cobb County for the If this was Your desire, please sign below: ~=---' --