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January 4/18/25, 1982 Council Meeting COUNCILMAN I, James Williams , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 4th day of January, 1982 COUNCILMAN I, James M. Hawkins , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City_ So help me God. Seal) Subscribed and sworn to before me this 4th day of January, 1982 COUNCILMAN I, Jack L. Shinall , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability. without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 4th day of January, 1982 COUNCILMAN I. Elbert R. Coalson . do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability. without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Seal) Subscribed and sworn to before me this 4th day of January. 1982 COUNCILMAN I. Sarah M. Jones . do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability. without fear or favor. and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Seal) Subscribed and sworn to before me this 4th day of January, 1982 CITY ATTORNEY I. . do solemnly swear that I will well and tr myself as City Attorney of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability. without fear or favor. and in all my actions as CITY ATTORNEY act as I believe for the best interest of the said City. So help me God. Seal) Subscribed and sworn to before me this 4th day of January. 1982 CITY CLERK I. Willouise C. Spivey , do solemnly swear that I will well and truly demean myself as City Clerk of the City of Smyrna for the ensuing term. and that I will faithfUlly enforce the Charter and Ordinances of said City to the best of my ability. without fear or favor, and in all my actions as CITY CLERK act as I believe for the best interest of the said City. So help me God. al) Spivey Subscribed and sworn to before me this 4th day of January, 1982 RECORDER'S COURT JUDGE I, C. V. Reeves . do solemnly swear that I will well and truly demean myself as Recorder's Court Judge of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as RECORDER'S COURT JUDGE act as I believe for the best interest of the said City. So help me God. Judge Subscribed and sworn to before me this 4th day of January. 1982 January 28. 1982 M E M 0 RAN DUM TO: All Council Members FROM: Willouise Spivey The annual p In the t. instal nts of April and e5<t'~ IS 1 i abi 1 i ty ins urance comes due May 2nd. necessary for us to pay the premium in two due to the fact that revenues are slack during the months May. Bob xtend the due date to November 2nd. and it e Finance and Insurance Committees that the alorem taxes are billed in June, and by more readily available for payment. If you agree with this extension, please signify by signing your name as indicated below. SARAH JONES. WARD 7 January 4. 1982 first meeting in the new year was held pursuant to the Charter at City Hall, ia, on January 4, 1982 and called to order by presiding officer Mayor n at 7:30 o'clock p.m. All council members were present. Also present Attorney Charles Camp. City Clerk Willouise Spivey. Police Chief R. E. Little. re Chief Hubert Co Public Works Director Jim David, Parks and Recrea- i rector Sherry Reavi s. vi 1 Defense Di rector Jim Farl ey, Bui 1 ding Inspector Steely and representatives of the press. Invocation was given by Councilman John Steely followed by the pledge to the flag. Bid opening: Bids for four (4) 1982 police patrol cars were opened, read and recorded as follows: Strother Ford Co. (4 barrel not available. 71 Amp maintenance free battery largest available.) Hub Motor Co. $ 8,71 5 . 00 75 day delivery Amp. oil pressure & temp. gauges: $ 8.634.03 90 day delivery 43.35 $ 8,677 .38 $ 9.078.53 90 day delivery $ 8.852.87 45 day delivery $ 8.695.86 45 day delivery $11.486.79 60-90 day delivery $ 8,833.00 $ 8.71 0 .00 Neal Pope Ford Days Chevrolet Cody Chevrolet Impala pursuit vehicle: Malibu 4-door: Elbert Coalson made a motion the bids be turned over to the Police Committee for their recommendation back to full council at the next meeting. Jerry Mills seconded the motion which carried by a 7-0 vote. rin License: Frontier Palace. Inc., 2552-9 South Cobb Drive requested a wine, t beverage and liquor pouring license. the applicant being Roger Louis Gowder. Mr. Gowder's attorney stated the lounge would be located at South Cobb Plaza. in the old European Health Spa building. John Steely asked Mr. Gowder if he would be serving food. because he did not have it checked on the application; the only thing he had r d live entertainment. Mr. Gowder said he was aware of our irement uld be serving food. Elbert Coalson read a letter from tating his investigation did not reveal any factors that would bar the obtaining a license. Mr. McArthur Reeves. vice president of the ted the 10 ould feature well-known entertainment and would serve urgers, hot and sandwiches. Jack Shinall said we had encountered ther establ nts in the City with people taking drinks into the asked about security. Mr. Reeves said he would not allow drinks to side the building. and planned to use off-duty Smyrna police officers Chief Little said he did not allow his officers to work off-duty in ng establishments and Mr. Reeves said he would have some type of security uty at all times. Jack Shinall said the application met all requirements and made a motion it be approved. seconded by Jerry Mills. John Steely said he was going to vote against the moti on because the appl i cati on was not fi lled out correctly by fai 1 i ng to state that food would be served. Jerry Mills amended the original motion to state that approval of the would be contingent upon proper completion of the application acknowledg- ing th would be served. per State and City ordinance. Jack Shinall seconded the amendment. Vote on the amendment and main motion carried 6-1. with Jim Hawkins opposed. Mr. Gowder was asked to meet with Inspector Dan Steely immediately after the meeting to complete the application. Taji co-Eme Lot 880. from Mr. Cri s to the ne Center requested rezoning of property at 2800 Spring Road to N.S. Mr. James F. Crist. Jr. was the applicant for the not present and Jim Tolleson made a motion the application eting. Jerry Mills seconded the motion which carried by a Conti nued - January 4, 1982 Vari ance: Ri dgeway Development Corporati on requested a vari ance forthei r new development on Smyrna Roswell Road at Pasadena Boulevard. The request was for a 50 foot $etbackfrom the street instead of the 75 feet required by ordinance. Mr. John Strama. president of Ridgeway Development said a 75 foot right of way had already been dedicated to the county in connection with the widenin90fPasadena SOl.llevard. . Their plans call for a 50 foot setback from the road on two buildings, which would be an infringement upon the setback requirement after the road is widened. Jim Tolleson read a letter from the Public Works Departmerlt stating they could see no reason why the variance should not be granted. and made .a motion it be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Commercial building permits were presented by Inspector Dan Steely as follows: (1) Kathy Garmon requested a permit for an addition to the existing structure at 1408 Spring Street for a rooming hou$e, at a total estimated cost of $20.000. Plans had been approved by the Fire Marshal. subject to the City Engineer's.approval of the site plan. The property is zoned 0&1 the the City zoning ordinance does not have a classification for boarding houses. Discussion followed. and Elbert Coalson made a motion the request be tabled since there was some question as to whether or not the property was properly zoned for a rooming house. Jack Shinall seconded the motion which carried by a 7-0 vote. (2) Humdtco. Inc. requested a building permit for construction of a medical office on CoohParkway at a total estimated cost of $250,000. Plans have been approved by the Fire Marshal and Inspections Department and Jim Hawkins made a motion the permit be approved. John Steely seconded the motion which carried by a 7-0 vote. (3) In$pector pan Steely presented a final plat for Unit 10 of Green Forest Sub- division but stqted Merlin Burt, the developer. had not submitted a performance bond. John Steely said the City had been having problems with this developer and Reed Road was washing away; therefore. he would vote against the plat approval until the performi'lnce bond was received. Mayor Johnson said Mr. Burt had contacted him earlier today and agreed to have his bond into the Inspections office prior to the meeting. Jack Shinall made a motion the plat approval be tabled, seconded by Jim Hawkins. Vote on the motion carried O. Elbert Coalson made a motion the minutes of December 7. 1981 be approved as sub- mitted. Max Bacon seconded the motion which carried by a 7-0 vote. made a motion the minutes of December 21. 1981 be approved as submitted. seconded the motion which carried by a 7-0 vote. Jack Shinall stated Cobb County had increased our water rates by 24% and sewer rates by 3Q%,effective January 1. 1982. and made a motion that Wallace Pate be authorized to conduct a water and sewer ratestuqy, at a fee not exceeding $1500 and paid from the E&C Fund. This rate study will be. presented to Mayor and Council no later than January 22. 1982. Elbert Coalson seconded the motion which carried by a 7-0 vote. r.1ayor Johnson said he had been rewarded by the citizens opportunity to serve as chief elected officer for the It thi s administtati On had brought the Ci ty through some of the times that could be found. When he first became Mayor he was encouraged and quality of employees. and we now have 103 out of 190 employees or more years of service. Mayor Johnson thanked everyoneqrOund the table. as all the employees, for the cooperation he received and said he would leave feeling proud of the terms he served. he had served the Ci ty for ei ght years and it agai nst Mr. Bacon for Mayor but he was sti 11 a fi ed man to serve the Ci ty. Jerry said he . and thanked the citi zens for provi ding rewarding. and knew the City years of the people <in Ward 7 for supporting all the employees. He wished the best of and said tonight he was able to do something that turn his seat over to a lady. El bert Coalson told Mayor him andth<ought he had served Mayor Johnson on behal f of the his service. certainly been a 11. Mr. Coalson ci tizens. counci 1 and employees Mr. hard presented a crystal jonquil to Jerry Mills and thanked him for the always done. January 4. 1982 The fi rst p.m. two members. of the new administration was called to order at 8:00 o'clock Bacon. Mayor Bacon said he was happy to be here and called the councilmen to take their seats. He then introduced all the council The first order of business was the Mayor's oath of office, administered by Judge James Bull ard. Judge Bullard administered the oath of office to the seven councilmen as follows: James E. Tolleson Max Bacon James Williams James M. Hawkins Ward 1 Ward 2 Ward 3 Ward 4 Jack Shinall Elbert R. Coalson Sarah Jones Ward 5 Ward 6 Ward 7 The first official act of the new administration was to appoint the Recorder's Court Judge, City Attorney and City Clerk. Upon recommendation of Mayor Arthur Bacon. Jim Tolleson made a motion that Charles E. Camp be reappointed City Attorney. Willouise Spivey as City Clerk and C. V. Reeves as Recorder's Court Judge. Elbert Coalson seconded the motion which carried by a 7-0 vote. Judge James Bullard administered the oath of office to: C. V. Reeves Charles E. Camp Willouise C. Spivey Recorder's Court Judge City Attorney Ci ty Cl erk Upon the recommendation of Mayor Bacon. Jack Shinall made a motion that Elbert Coalson be appointed Mayor Protem. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bacon stated that Allen Potter had agreed to continue serving on the Planning ing Board and that he was reappointing Mr. Potter as the !\1ayor's representa- tive to the Board. The appointment for Ward 5 was deferred to the next meeting. Jim Hawkins made a motion the present residential and commercial business license fees be approved for 1982. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mayor Bacon announced the following committee assignments: FINANCE & ADMINISTRATION Jim Tolleson, Chairman Sarah Jones Elbert Coalson PUBLIC SAFETY POLICE. FIRE & CIVIL DEFENSE James Williams. Chairman Elbert Coalson Max Bacon S TS. MAINTENANCE GARAGE Jim Hawkins. Chairman Jack Shinall James t.Ji 11 i ams ENGINEERING & INSPECTIONS Elbert Coalson. Chairman Jim Tolleson Jim Hawki ns WATER & SANITATION Jack Shinall. Chairman Sarah Jones Jim Tolleson PARKS & RECREATION AND INSURANCE Max Bacon. Chairman James Williams Jim Hawkins LIBRARY. EMPLOYEE BENEFITS. ALCOHOL & PRIVILEGED LICENSES Sarah Jones, Chairman Max Bacon Jack Shinall Mayor Bacon said he wanted these committees to work together and meet regularly. After a six-month period. the committees will probably be rotated to give everyone a chance to familiarize themselves with each committee. stated the next meeting would be January 18th and encouraged the citizens council meetings. There will probablY be a called meeting on January Conti nued - January 4. 1982 water andSE;werrate study is completed an!;:! the. citizens are attend this meeting to provide their input. Mayor Bac.an said be ar hours in the Mayor's office and everyone was welcome to stop by. With no further business. meeting adjourned at 8:30 p.m. ************************ January l8, 1982 scheduled meeting of Mayor and Council was held January 18;J982 at Hall. The meeting was called to order by presiding officer Mayor Arthur T. BacOn '30 o'clock p.m. All Council members were present. Also .present was City AttorneY Charles Camp. City ClerkWillouise Spivey, Police ChiefR. E. Little. Acting Fire CbiefHubert Cochran. Parks and RE;creation Director Sherry Reavis. Public Works Director Jim David. Civil Defense Director Jim Farley, Building Inspector Dan Steely and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Ci ti zen Reports: Jack Hembrough o.f 3740 Ri dge Road said he had been wi thout water at his home for 8 days and it had been called to his attention that some of the building practices used on his home were not in compliance with the Southern Buildi Code. Some of the water pipes were not buried properly and inside pipes not insu- lated. Mr. Hembrough said he was with the builders. but more than that, with the cityoffidals responsible the construction and not making the builders live up to the code. s said he would have to disagree with the statement that the City does not ilders comply with our code and the building inspector employed 2 years ago when these homes were built is no longer with the Ci ty. Jim said he could 1 ocate the former inspector and fi nd out why these vi 01 a- tionsoccurred, if they did. After qiscussion Mayor Bacon assured Mr. Hembrough that he and the building inspector would come to hilS! home and inspect the pipes. John and When been better also a resident of Cedar Cliff Subdivision said he has had problems into his home found that there was no ventilation for the furnace. the ventilation system installed he was teld that his family could' have from gas accumulation in the attic. Mr. Dinsmore asked council to take ce of what was taking place in various subdivisions. Mike Reynolqsof Cedar Cliff subdivision said he had also experienced problems but felt our current building inspector was competent in enforcing the building code. Rezoning: Mr. James Crist requested rezoning of property at Emerson Center, 2800 New Spring Ro.ad from Offi ce & Institutional to Nei ghborhood Shopping for construc- tion ofa shopping center. The Planning and Zoning Board had recommended the rezoning be approved and the reqllestwas tabled by Mayor and Council at the last meeting because Mr. Crist was not present for the hearing. There was no opposition and Jim Tolleson made a motion the zoning be approved. Max Bacon seconded the motion which carried by a 7-0 vote. Ted Jones and J. ItJ . HollowClY requested annexati on of property located on Emory Drive. the legal description having been read and made a part of the minutes of the December 21. 1981 meeting. Jim Tolleson made a motion the property be annexed. to become a part of lA]ard 1. tIJax Bacon seconded the moti on which carried by a 7-0 vote. Annexation: James V. Wilbanks. Adelia hi. Eubank and 1A]. G. ationof/property located in Land 631 on Spring Street. the havingi::leenread into the minutes of the December 2l. 1981 meeting. made amotion the property be annE;xed to become a part of Ward 1. seconded the motion which carried by a 7-0 vote. The Timbers. 715. Concord Road requested a beverage and liquor pouring license with Sarah Jones saidtbefingerprints had to be. in order. and made a seconded the moti on whi ch carri ed management being from the change Bacon to the which rs of Smyrna are apposed to the rezoning limited comerical to General Commerical, Continued - January 18. 1982 Bid: James Williams said the Police Committee had met and reviewed the d for four police cars. The bid from Hub Motor Company of $8,634.03 35 for amp. oil pressure and temperature gauges was apparently the low bid. after reviewing their bid it was found that the $43.35 price was per gauge. the total to $130.05 and their total bid price to $8.764.08 per car. There- committee recommended that the bid be awarded to Wade Ford. the lowest dollar bidder at $8.695.86. James Williams made a motion the bid be awarded to Wade Ford. with the stipulation that it be verified upon receipt that the vehicles meet all specifications. Elbert Coalson seconded the motion which carried by a 7-0 vote. Variance: Jim Bechtel of Post Properties requested a variance on height requirements for construction of a clock tower which would serve as a directional landmark for their new development. The tower would be 45 feet in height. a variance of 10 feet from the code. Jim Tolleson made a motion the variance be approved. seconded by Jack Shinall. Vote on the motion carried 7-0. Variance: Don Delozier with Georgia Federal Savings requested a variance on buffer strip requirements for their proposed new office at 3261 South Cobb Drive. Their request was that the 10 foot buffer strip requirement be waived to allow additional parking spaces. Mr. Delozier said at the present time there are four curb cuts on the site and their plans are to close two of the curb cuts which will add additional grass area. There was no opposition and Jim Hawkins made a motion the variance be approved. James Williams seconded the motion which carried by a 7-0 vote. Commercial Building Permits: Commercial building permits were presented by Inspector Dan Steely as follows: (1) Kathy Garmon requested a building permit for an addition to the rooming house at 1408 Spring Street. This request was tabled at the January 4. 1982 meeting. Inspector Dan Steely said the plans had been approved by the Inspections Department and Fire Marshal and made a recommendation the permit be approved subject to compliance with certain requirements set forth by the City Engineer. Elbert Coalson made a motion the permit be approved, conded by Jack Shinall. Mrs. Garmon's plans call for a 10' 6" side yard s of the requirements to be met by the City Engineer is that the plans allow a 15' setback. This would require a change in the architect's pl request for a variance at a later date. Mrs. Garmon said this was actually rding house. but a home for elderly people who are all able to take care of themselves. She has 8 boarders now and the addition would allow room for 10 additi ple. Mrs. Garmon said her mother lived at the home to care for the boarders a the addition she would hire another full-time person. Max Bacon said he w rned for the welfare of these people and felt it would not be properly sup therefore he would oppose approval of the permit. Mayor Bac felt there were some misunderstandings about the rooming house. but Mrs. ad met all the requirements set forth b~ the Inspections Department in applying for the permit. Attorney Camp explained to Mrs. Garmon that she had two choices; to either have the architect's plans changed to comply with the 15 foot side- yard setback requirement or come before council at a later date and request a variance. which would cause a delay in beginning construction. After further discussion. vote on the motion was 3-3 with James Williams abstaining. Voting for was Elbert Coalson. Jack Shinall and Jim Hawkins. Opposed was Sarah Jones. Max Bacon and Jim Tolleson. Mayor Bacon voted in the affirmative to break the tie and approve issuance of the permit. Committee Reports: (Finance) Jim Tolleson said the City has operated in the black for the first six months of this fiscal year and all loans have been paid off. By the end of this month we should be getting financial statements on a regular monthly basis, hopefully before the last council meeting of each month. (Civil Defense) James Williams read a letter from the Georgia Department of Human Resources to Jim Farley stating that their application for a medical first responder license had been approved. The letter also reminded them of their responsibility to maintain compliance with their regulations. (Streets) Jim Hawkins made a motion the old lowboy trailer from Public Works Depart- ment and street sweeper be decal red surplus and sold for scrap metal. Jim Tolleson seconded the motion which carried by a 7-0 vote. the Public Works employees for the good job they did during the employees stayed 3 consecutive nights trying to keep the streets Continued - January 18. 1982 ( quite a Shi na11 sai d the Water and Sewer department employees al so put in hours and did a good job. Jack sai d that in response to COmplaints heard toni ght from citi he thought it would be a good idea. for the Water and Sewer Commi each month at a date to be named, to hear these complaints from ci Cedar Cl i ffs, meet once (License & Permits) Elbert Coalson said we were beginning to have prq!;llems with portable signs in the City again and the Inspections Department was going to begin a stricter enforcement of the ordinance. Mayor Bacon thanked the Public Works. . Fire and Civil Defense employees for the good job they did during the ice storm, and said he appreciated their efforts. Mayor Bacon reminded everyone of the called meeting on January 25. 1982, at 7:30 p.m. to discuss the increase in water and sewer rates. With no further business, meeting adjourned at 8:37 p.m. ************************ January 25. 1982 A special ca11eci meeting of MayoranciiCouru:::il was held January 25, 1982 at Smyrna City HalT. The meeting was callecit;oorder by presiding officer Mayor Arthur T. Bacon. All. counci 1 members were present. Also present was City Attorney Charles Camp and City Cl erk Itii 11 oui se Spi vey. explained the purpose Of the meeting was to discuss the water and sewer to the City from theCo!;lb=Mari etta Lvater Authori ty. The water rates from 47c1; per thOUsand gallons to 58fj; and sewer service to 80ct per effecti ve January 1, 1982. At the request of Mayor and Counci 1 . a rate study for the Ci ty and Mr. Pate was asked to present Mr. Pate tive ch woul Ci report showed rates, Cobb County rates and al terna- a $5.00 charge customer. plus an additional base rate users based size of meter. Multi-family residences a $5.00 charge per in complex. He also recommended the conducted to determine depreciation rates or return on investment perpetual mai ntenance of the system. al ternati ve rate $5.00 charge per customer.p 1 us 85c1; per for water or There is also a variation in meter charge users. due to the cost of maintaining the Tar.ger meters. would be $15 - $35.00. 2" - $65.00 and 3"- .$200.00, with rneters on cost in relati residential meters. An average bill for 6,000 gallons consumption is $11.43 under present rates. The new Go!;lb County rates for 6.000 gallons is $17.80 and the alternative plan would be $15.20, for water and seweragE!. The break-even point for water customers only is 9 ,0009~Tlons due to the fact thatC.obb County bills us for water and sewerage treatment. even though we bill our customers for water only. Mr. Pate said the alternative plan was a compromise between the Ci ty' s current rates i;l.nd inew Cobb County rates. If the City mail'1tains the present rate the projected loss from operations under the current budget would be $450.000 and the alternati ve pla.nwoul d project a $16.000 loss. net anti ci pated increase funds under the alternate plan is projected at $21.000. plan allows for. funds requi red for improvements/and expans i on and shoul d el imi nate the need to borrow from other funds when major repairs are needed. Jack Shinall made a moti on the alternati ve rate be accepted the rate study conducted by Pate .. Shiver &L..ooney pased on the base meter for residential areas and the graduated rate as contained in the commer- cial users, plus 85c1; per thousand gallons for water and sewerage. Coalson secOnqE!dthe motion. Jim Tolleson said the Cobb Municipal cers and Mayorsrrom Cobb County were meeting/Wednesday night for the purpose of discussing these increases to see if there is a.nY i;l.lternative and what can be done to prevent unexpected large increases in the future. Jack Shinall said the City had applied Continued - January 25. 1982 fo funds for the purpose of conducting a sewer system evaluation study as d in Mr. Pate's report, but these funds were the first to be cut by Congress. It now looks as if we have about a 10% chance of receiving these funds and if the study is done at all, the City may have to fund it entirely, or at least a portion thereof. Cost of this study is estimated at $200.000. There was no opposition from the audience. and after further discussion vote on the motion carried 7-0. With no further business, meeting adjourned at 8:10 p.m. ERK