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May 3/17, 1982 Council Meeting r scheduled meeting of Mayor and Council was held pursuant to the Charter The meeting was called to order at 7:]0 O'Clock p.m. by presiding Arthur T. Bacon. All Council members were present. Also resent was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chi R. E. Litt Acti re Chief Hubert Cochran, Public Works Director Jim David, Parks and reati rector Reavis, Librarian Doris Morris, Civil Defense Director Jim ar ey, Buil Inspector Dan Steely and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. There were no citizen reports. Jack Shinall made a motion that Pat Cole be ty Board representing Ward 5. for a 2-year term. which carried 7-0. Attorney Camp suggested that the resolution be adopted as previously read at the inted and selected by Mayor and Council be accepted come effective as of tonight. Jack Shinall made a ted as previously read and the appointed members Jim Hawkins seconded the motion which carried 7-0. r Bacon read a portion of a letter from Reed Realty annexat of acres on Church Road, Land Lots 341 and 380, and RM-12 to Residential Townhouse District. The application was read We the undersigned, land area by ac con t i g C who constitute sixty percent (60%) of the owners of the area described below, which is unincorporated f Smyrna, hereby apply to have said area annexed r the provisions of the Code of Georgia Annotated, -912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, , Pages 1011, 1012; said property to be annexed ows, to wit: All trac cel of land lying and being in Land Lots 341 and 380 of t 7th Dist 2nd Section, Cobb County, Georgia, and being more particularly described as follows: at an iron pin located at the northwest corner of Land Lot 380 he corner to Land Lots 341, 342. 379 and 380); thence north 89 degrees utes 56 seconds east along the north land lot 1 ine of Land Lot 380 (south land lot line of Land Lot 379) 705.95 feet to an iran pin found (said iron pin being located 500.60 feet westerly along said north I and lot line of Land Lot 380 from the westerly right of way of South Cobb Drive. also known as State Road 280); thence south 32 degrees 51 minutes s west 566.03 feet to an iran pin found; thence south 64 degrees es 58 west 408.78 feet to an iron pin found; thence north 00 degrees 16 m seconds west 237.29 feet to an iran pin set; thence north 21 deg nuteS 49 seconds west 382.60 feet to an iran pin set inLand Lot 341 sautheas te r I y right of way of Chu rch Road (be i ng a 50 foot right thence north 62 degrees 49 minutes east along the southeasterly r of Church Road 124.94 feet to an iron pin found at the northwest cOrner of Land Lot 380. said county and district, which iron pin i f beginning. Said property being property shawn an a plat K. E. Edwards, Jr. and S. C. Yaung by Paul E. Lee. or. of Pelpe, Inc.. dated January 25 1974. revised inal revision on December 16. 1974; ing the same conveyed taA. A. Adair and Samuel A. Miller by Leroy Waid by deed dated November 20. 1963. recorded in Deed Book 738. page 20. y Records. HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY ION TO THE CITY OF SMYRNA. title holders of the fee simple title. of the land area above described by SLADE C. YOUNG e ~alldated and the public hearing set motion which carried by a 7-0 vote. Continued - May 3, 1982 rs. Dellinger & I srae I requested Mell Road. Land Lots 228 and 277. The of cation te sixty percent (60%) of the oWn~rs of area described below. which is tiguaus to the ity of Smyrna, hereby apply to said area into the City of Smyrn.;i under the provisions of the Code of Georgia , Sections 69-904 through 69-912 (Georgia Laws. Acts 1966, Pages ,411,412.413; 1971.399; 1976. Pages 1011 1012; said property to be annexed being described as follows, to wit: tract or parcel of lying and being in Land Lots District. 2nd Section. Cobb County, Georgia. and described as fallows: and 277 more at an iron pin an the north side of Pat Mell Road west red along the north side of Pat Mell Road from the t corner intersection of Pat Mell Road and Mills Lane; said po beginning at the southwest carner Lot 17 of Block 0 of Spring Sub- vision. Unit Two, asubdivis an plat of which is recorded in Plat Book 198, Cobb County thence west along the north of Pat 367 feet taa paint in center I ine of a creek; thence north- y, northerly and northWesterly as measured along the center 1 ine of creek and follow ng its curvature 665 feet to a paint; thence easterly, ightly south of eas 35 feet to an iran pin; running thence and con- easterly in same ion 51 feet to an iran pin on the west of said Land Lot 277; thence and continuing in the same easterly an 186.3 feet an n; running thence and continuing in an y direction. s southerly than the last mentioned call, to an iran northwest carner of Lot 11 of said block. subdivision; running thence southwesterly, southerly, and south- y along the rear of Lots 11. 12. 13 and 14 of said block, unit and subdivision. 447.2 feet to an iron pin at the northern mast corner of said 17 id block, unit and vision; thence southwesterlY along the ne of Lot 17. 40 feet to an iron pin; thence southerly along side of id Lot 17, 165 feet to an iran pin an the northern Mell Road and the paint of beginning. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY 10 APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. of the record title holders of the fee simple title, ive, of 60% of the land area above described by INGER & PHILIP Z. ISRAEL a motion , which shows the date of mot ion wh i ch be validated subject an the plat, and 165 feet on hearing be set for June 7, 1982. carried by a 7-0 vote. rification legal Sarah George C. Childs, Jr. requested a transfer nglicense at Peking Gardens, 2526 South Department stated their investigation did would prohibit the applicant from obtaining th~ Ii Secretary of the corporation, and he and his emp of the City. Jack Sh i na I I made a mot i on the Coalson seconded the motion which carried by a the malt Dr i ve . A not reveal any Mr. Chi Ids w.ere fami 1 i ar ransfer be 7-0 vote. a transfer of the , 3350 South Cobb Drive. beverage Davidson reviewed se be Davidson Ie to for three C. to General Land Lot Long sai Planning and Zoning Board had recommended the zoning be approved. Bar said this was an odd-s and because of the widening of New Spring Road it was very difficult ld on the 50-foot setback. Letters were presented from the adjoining landowners stating they had no objection to the re- zoning Or variance needed. Their plans are to construct a small retail business, and Mr. Lang has ag truct a fence on the north and west sides of the property. There was ion from the audience and Max Bacon made a motion the rezoning be approved. ~ames Williams seconded the motion which carried 7-0. Vari E. C. Long requested a variance on the side yard which abuts residential p , from the 50 feet required to 17 feet. Max Bacon said he had talked with the adjoining property owners and they were in agreement with development of the property and had no abjections to the variance. Max Bacon made a motion the variance be granted subject to installation of a 5-foot chain link fence an the north and west sides of the property line, with some type of shrubbery planted along the fence. Elbert Coalson seconded the motion which carried by a 7-0 vote. V Paul R. Lamons requested a side yard variance for an addition to his b s. Lamons Magic Mirror at 1318 Concord Road to build within 10 feet of the property line. The addition is to be used for an exercise room, with a hot tub, etc. Max Bacon made a motion the variance be granted. Jim Tolleson seconded the motion which carried by a 6-1 vote, with ~im Hawkins opposed. 1 Business Licens : Ann Bowes requested a residential business license k floral ar nts in her home at 545 Pineview Drive. Mrs. Bowes said she is already making arrangements, but the license will allow her to buy material at wholesale prices. A petition was signed by adjoining neighbors stating they had no abjection to license being issued, with the exception of one person. Mrs. Bowes said was familiar with our ordinance and would not be doing advertising was no opposition and Sarah Jones made a motion the license granted. Shinall seconded the motion which carried 6-1. with Max Bacon opposed. Morris F. Hyles requested a license for Stan's Park and Pawn, Drive. Mr. Hyles said he was famJ I iar with the ordinances and the total requirements far operating this type business. Sarah ~anes made a motion the license be granted. Max Bacon seconded the motion which carried 7-0. Commercial building permits were presented by Inspector Dan Steely as fallows: (I) First at a total and 1 Jack Baptist Church at 1275 Church Street requested a permit for renovation estimated cost of $41,000. Plans have been approved by the Fire Marshal tions Department and Max Bacon made a motion the permit be approved. 11 seconded the motion which carried 7-0. (2) Glen Robinson, R Value, Inc., requested a permit for'construction of a new metal buil at 3255 Atlanta Street to be used far warehousing of insulation products. 1 estimated cost of construction is $36 750. Elbert Coalson made a motion the permit be . subject to approval the Fire Marshal. Jim Hawkins seconded the mo ich carried 7-0. Bid Openi Max Bacon made a motion that all bids on the pickup truck far Parks and Recre ion be rejected, unopened. Jim Hawkins seconded the motion which carried 7-0. yar Bacon said he had heard from the newspapers that the go ng nancial assistance in the construction of Pasadena Boulevard but he has not received official notification, and was hesitant about awarding the bid until we receive word from the State. The County will proceed with grading prior t ing the bid. Jim Hawkins made a motion the bid award be postponed to the June . 1982 meeting. Jack Shinall seconded the motion which carried by a 7-0 vote. Jack Shinall said the law Wade Ford. Their bid for. Since that t not we should have asked for rejected and rebid. bidder far two pickup trucks for the Water Department r 1983 vehicles which is what the specifications there had been some discussion as to whether or i982 or 1983 models. Jack made a motion that all Max Bacon seconded the motion which carried 7-0. Max agreement id he had met with homeowners on Teasley Drive and the closing of this street. It has been properly and Bou be closed ttontativel carried by a again that the street Jim Tolleson made ng of Pasadena Boulevard and new ri Myers Drive. Jack Shinall seconded the not be that a proposed amendment to the ordinance as fo 11 ows : Nptwithstanding the right to cIa City, subj ect r in Sections sians of this Chapter, the City shall unclaimed property coming possession rictions and duties contained in this 29t-4. A) B) All requests for use of shall be made in writ provided by the City Clerk, i use and duration such property is to by any employee or agency of the department of police on the form II identify the property, statto thto . intended department or individual and maintaintod. request shal . and Counc i 1 become the property become ive upon approval of the department of lice Committee and the unclaimed property shall then the City of Smyrna. James Iiams made a motion the amendment be approved. the motion which carried 7-0. Jim Hawkins seconded a motion the seconded the mot April 5. 1982 be approved as submitted. carried 7-0. Jim James made a motion the of April 19, 1982 be approved as submitted. ams seconded motion which carried 7-0. Jim Tolleson made a motion at the May 17, 1982 meeti far the 1982-83 audit. be opened iams seconded the motion wh ch carried 7-0. Jim at made a motion bids 17. 1982 meeting. for a new zoning map. to be opened illiams seconded the motion which carried 7-0. MaYOr said we would begin Department Head Reports at the next meeting. (Li b ra ry. Doris Morris gave a report of activities taking expense s) Elbert Coalson to attend the annual The registration also requested $75. 1 ess than $500. it ter from Inspector Dan Stee Official Workshop to be , hotel accommodations It was decided that approved by the committee. requesting in Albany. , and since this (Water) Jack Shinall our to They the site for an the Department of Natu landfill, stating they had was insufficient cover material period of time. Resau rces the remaining said they had been of Birch St ived about look into it. a problem with children and strangers an arguments and fights. Complaints have endale Apartments. and Jack asked Chief I made a motion the be suspended to consider lett bids for pickup trucks far Water Department, one far. Parks and one Inspections. James Williams seconded the motion which carried 7-0. a motion that trucks. with max Bacon seconded the be requested far four (4) day delivery. to be which carried 7-0. 1983 the next Jim Hawkins said Grants to update lngs ago. $18,000 had lization. Two of these Continued - May 3. 1982 one at Cherokee and Atlanta Road and one at Campbell Road and Spring light at Spring Road and Atlanta Road will be in operation shortly. (Parks) Sherry Reavis reported that as of this Thursday, King Springs Park foot- ball field will be off limits because it is to be plowed and regrassed. On May 12th, the 3-4-5-6 year old track meet will be held. (Finance) Jim Tolleson ded department heads to have their Revenue Sharing request ready befOre May Tax bills will go out May 21st and will be due July 31st. Jim said the budget was holding up well and we may get through the year without having to borrow money. Mayor Bacon said that between now and the next meeting he would be making same changes in committee assignments. Announcements: Next council meeting May 17. 1982. Elbert Coalson asked fOr an Inspection Committee meeting and Jack Shinall asked the Water Committee to also meet briefly after adjournment. With no further business, meeting adjourned at 8:35 p.m. ************************ May 17. 1982 The regular scheduled meeting of Mayor and Council was held May 17. 1982 at Smyrna The meeting WaS called to order by presiding officer Mayor Arthur T. :30a'c All Council members were present. Also present was Willou . City AttOrney Charles Camp. Police Chief R. E. Little. re Chief an. Parks and Recreation Director Sherry Reavis. lic Works Director Jim David. Civil Defense Director Jim Farley. Librarian Doris Morris, Building Inspector Dan Steely and representatives of the press. Invocation was given by Elbert Coalson. followed by the pledge to the flag. Mayor Bacon introduced members of Cub Scout Pack 777, Den 2. rts: Sue Brissey said the City has an ordinance prohibiting signs on utility poles, and asked why we couldn't enforce it. Jim Tolleson almost a losing battle; the City removes signs constantly and it's sible to catch the people putting them up. assistance from the City in sponSoring a 24-haur lap-a-thon handicapped. Mr. Monley was told to get in touch with their plans with her. Revenue Shar Hearing: City Clerk Willauise Spivey said each department h h their list of requested Revenue Sharing funds which was far in excess of would receive. and asked if there was anyone in the audience who had any ans on haw this money should be spent. Bill Rogers of Ward 5 said he felt an aerial truck should be bought fOr the Fire Department since we have not received a commitment from the County as far as the merge is concerned. Max Bacon said this was already included in the Fire Department's request. Ms. Spivey said the final hearing far Revenue Sharing would probably be the last meeting in June. Hirst requested a malt beverage and wine package license y, lanta Road. Sarah Janes said the survey map was not attached to the application. but there was one on file in the Inspections Depart- ment. A favorable report was received from the police investigation, and Sarah Janes made a motion the license be granted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Bid Bids for the 1982, 1983 and 1984 audits were opened. read and follows: 1982 $8.500 $5,5001 ,000 500 000 1983 $8,000 $6,050/ $6,600 $6,000 $6.500 1984 $7,500 + aut of pocket expenses $6,6551 + out of packet expenses $7,260 $6,500 $7,000 Weiss, Moore & Cu Pate. Shiver & Looney P s & Continued - May 17. 1982 motion the back to fu motion. Max Bacon expenses would be. turned over to the Finance Committee with 1 at the next meeting. Sarah Jones the committee to also determine what the Vote an the motion carried 7-0. Bids an four (4) pickup trucks were opened. read and recorded as fallows: (2) 2.3 Liter Engine ( I) 2.3 Lite r Eng i ne (I) 4- Cy 1 i i'lde r Eng i ne w/Air Conditioning w/Air Conditioning and AM Radio Day's Chevrolet $6.708.86 each (1982 ) $7,284.31 ( I 982 ) $7, 189.96 (1982) Nal ley. Chevrolet $6.469.53 each ( 1982 ) $6,978.00 ( 1982) $7.044.98 ( 1982) Wade Ford $6,577.00 each (1983) $7,206.00 (1983 ) $7.258.00 (1983) Anderson Chevrolet $6,783.86 each (1982 ) $7 ,359.31 (1982) $7. 131 .01 ( 1982) Capital Ford Truck $6,589.82 each (1982 ) $7 , 102.61 ( 1982) $7.044.27 ( 1982) Sales St rather. Ford $6,386.00 each (1983) $6.958.00 (1983) $6,869.00 ( 1983) Fouts Bras. Datsun $6,308.00 each ( 1982) $6,822.00 ( 1982) $6,898.00 ( 1982) Max Bacon made a motion the bids be turned over to entire Mayor and Council. to be awarded at the next meeting. James Williams seconded the motion. After discussion. the motion and second were withdrawn. Max Bacon made a motion the law bid be accepted, seconded by James Williams. After discussion. the motion and second were withdrawn. Jim Tolleson then made a motion this item be moved to the bottom of the agenda. to give Jim David, R.eavis and Dan Steely an opportunity to bids and determine who low bidder would be. Jim Hawkins seconded which <;;arried 5-2. with Jack Shinall and James Wi II iams opposed. Law be announced 1 ate r in the meet i ng. Bids fOr the zoning map were opened. read and recorded as follows: , Suddeth & Etheredge Presnell Associates Sam McCullough Mallett & Associates J. S. Ross & Associates $ 4,844.84 $ 3,933.00 $ 3.250.00 $ 5,676.00 $14.410.00 a motion the bid be awarded to Sam McCullough, provided he can map within the neXt> 60 days, and if not, to be awarded to the next Jim Tolleson seconded the motion which carried 7-0. made a motion bids be accepted far replacement of the air conditioning Hall, to be opened at the next meeting. Max Bacon seconded the motion carried by a 7-0 vote. Jim the mot made a motion bids be accepted far a 14-faot dump truck, approved in budget, to be opened at the next meeting. Jack Shinall seconded the ich <;;srried 7-0. mati authorized to sign an to the sa i d we have been havi ng problems with sewer , which is a health hazard.and has cost the If the grant is approved, it will cover up stations with a gravity flaw line. Jim carfted by a 7-0 vote. a sewer lowing iderable amount of the of replac the motion which said the grant application could not be submitted wi and made amotion that $8, 784.36 be .app raved for eng the Wi I lawbroak, Htghview and Deerwood sewer lines. ion which carried by a 7-0 vote. Attorney Camp sai housi ng authority bond lable at an interest Cobb ty. These loans to raved by Mayor and read the resolution (a copy to it be approved. Elbert Coalson r had signed a bill issue which wi 11 make loans an of 13.5% or less, handled th be regUlar loans, far first-time homeowners. Ie within the City of Smyrna,a resolution izing them to do sa. Jack Shinall part of these mi nutes) and made a mot ion the motion which carried by a 7-0 vote. Continued - May 17, 1982 Max Bacon made a motion the following streets be closed temporarily (1) Dunn Street from Legion Drive to Hunter Street - May 22nd. rain date May 23rd - from 3:00 p.m. to 11:00 p.m. (2) Shawnee Trai I from Cedar Ridge Drive to cul-de-sac - May 29th - from 2:00 p.m. to 11:00 p.m. (3) Creat Trail from Creatwood Trail to Tecumseh - June 6th - from 2:00 p.m. to 11:00 p.m. Sarah Jones seconded the motion which carried 7-0. departments would be notified by letter. Max said the police and fire (Finance) Jim Tolleson said the tax bills far the first half 11 go out tomorrow, and the second billing will go aut in September. meeting for Saturday, May 22nd at 9:00 a.m. to go aver the budgets. Jim Tolleson asked Attorney Camp about the status of the trailer case on Spring Drive. Mr. Camp said they were still waiting; the Case is pending on appeal and to his knowledge, the court recorder has not yet sent the record to the Supreme Court. Mr. Camp advised that nothing be done until the case is settled. (Public Safety) James Williams read a letter from Georgia Municipal Association regarding H.B. 1587 providing that municipalities with a papulation of less than 45.000 may adopt and enforce the State Minimum Fire Safety Standards. Municipal ities are authorized to retain the fees charged for review and approval of ans and issuance of Certificates of Occupancy. Once the responsibility it c ransferred back to the Safety Fire Commissioner. James the as follows: The City of Smyrna hereby adopts the State Minimum Fire Safety Standards under authority granted under House Bill 734 and amended as Hause Bill 1587 of the of Representatives and hereby elects to enforce the Same, pr Wever where any conflict in the existing City Fire Code shall appear, the more restrictive application shall be in effect. Schedule of fees far Plan Checking and Occupancy Certificates shall be signed by the Mayor and Fi re Marshall after approval by Caunci I and fi led in the Office of City Clerk showing effective date thereon. seconded the not foresee any additional liability an resolution. James Williams said the Fire d be sent to the State if the ordinance rules be suspended to vote on the ordinance. arried 7-0. the part of Department is is not adopted. Max Bacon Fire Marshal Jim Tidwell inspections except chec ow' adop said that currently, our fire department is doing all tals, with the State receiving the fees for plan James Williams made a motion the ordinance be an seconded the motion which carried 7-0. (Streets) Jim Hawkins made a motion the rules be suspended to allow him to place a motion on the floor to install a push control button on the light at Spring and Park Road. Jim Tolleson seconded the motion which carried 7-0. Jim Hawkins made a motion that $550 be approved from State Grants for a traffic control push button to be installed at the Fire Station an Spring Road. Jack Shinall seconded the motion which carried 7-0. Jim Hawkins said he had received quite a few calls concerning zanings an Concord Road between Atlanta Road and South Cobb Drive. There seems to be same question as to what can and cannot be enforced in the way of yard requirements. Jim said that under General Commercial and Limited Commercial zonlngs, you cannot prohibit paving in front of the building, but we can require a IO-foat buffer off the street right-of-way to be maintained in grass. Jim said the Building Inspector has assured him that the buffer strip requirement will be enfOrced. Jack Shinall said the committee had discussed improving the water line in , wh i ch is a 2" 1 to Brawn Schoo I. It will be the i r recommendat ion next meeting that bi be requested an improving the water line on Brawn Continued - May 17, 1982 Jack been decis that one year cutback in Federal appl I ed for a sewer study funds, but hopefully we wi that had a final El said he had received a letter from someone in his ward concerning in the paper that Marietta had received $4,421.000 in Federal funds 1975 and wanted to know if Smyrna was receiving their share. Mr. Coalson said Cherokee R.aad is in worse condition and the pavement extremely roug h Elbert Ci tree and Mr. will be Coalson said a child had recently been hurt crossing the bridge from Glendale Belmont Hills School, and the bridge is in bad need of repair. Also. a about to fall aver the brIdge. The bridge is owned by the School Board Coalson asked Ms. Spivey to notify them of the needed repairs. The tree removed by the City. (L i b rary) Doris Morris reported an activities taking place in the Library. said he had recei a train derailment~ able to contact area. calls from citizens in Ward 1 on Saturday corn and soybeans were strewn and beginning lraad officials today and they are in the process (Parks) Sherry Reavis said the City pools would officially open an Saturday, June 5th. Admission faT 4-years and older will be $1.00. Jim David there was st ill some question concern i ng on bids Just opened. Jim Hawkins made a motion the to the Finance Committee with a recommendation back to full seconded the motion which carried 7-0. Jonquil Breakfast; on May 19th; Chamber of Commerce Barbecue at 24th; next council meeting an June 7th. With no further business. meeting adjourned at 8:55 p.m. ER.K ACTIVATION ITY OF F THE OF IZE ON- DE OF RESOLUTION; ER PURPOSES: determined by the Mayor and Council that there exists an urgent proper public health facilities the City of Smyrna; and Authorities Law 1964, Code Ann. 8 88-1801, et seq.), 1 Authorities Law"), which was of Georgia, creates for any hin the State a public body corporate the "Hospital Authority" of such a board of ore than nine members to be appointed of such municipal corporation; and and Council of the City of Smyrna, that there is a need a Hospital n the City of Smyrna in order to proper health care of the City of Smyrna; and City of Smyrna, have determined that ary that the Hospital Authority of activated immediately to with the powers granted to it 1 e de ; th s c as .. i tal he there there ta Sherry Marks 2 s Jack Hembrough 2 s y (3) Stanley P. Sullivan 3 3 2 Cecil B 2 Martha Akins 3 ce l l .lec for is re E:-::S '" er l the SOIl. r all 1 of the Hospital Authority at its next of the three persons named in lieu of such selection, shall fallow the by Section 88--1803 of the Hospital to filling any vacancy an such Board. BE IT FURT D, that the Board of the Hospital ority herei carry out and exercise its powers and the terms and provisions of the Hosp ies Law as it now exists and as it migh thereafter of Smyrna that the City Clerk of the City immediately to the Department of Human Resources of a certified copy of this resolution in with the mandate set forth in Section 88-1803 of Authorities Law. BE IT that this resolution shall be effective immediately upon its adoption by the Mayor and Council of the City of Smyrna and from and after such adoption the Hospital Au ity of the City of Smyrna, Georgia shall be deemed to be duly created and activated. BE IT FURTHER RESOLVED, that any and aLL resolutions in conflict with this resolution be and the same are hereby repealed. 3rd day of Nay 1982. MAYOR M~D COUNCIL OF THE CITY OF SMYRNA, GEORGIA BY o :lna i f e f c p sage p