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May 2/16, 1983 Council Meeting May 2 , 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Char- ter on May 2, 1983 at Smyrna City Hall. The meeting was called to order by presid- ing officer Mayor Protem Elbert Coalson in the absence of Mayor Bacon who was in Washington. All councilmen were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks & Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Librarian Doris Morris, and representatives of the press. Invocation was given by Max Bacon followed by the pledge to the flag. Sarah Jones read a proclamation for Respect for Law Week, May 1-7, 1983. Sarah also presented a cake to Chief Little in celebration of his 70th birthday and told everyone that cake and punch would be served after the meeting. There were five pOlice officers in the audience who were recognized and Chief Little thanked Mayor and Council and praised the department. There were no citizen reports. Privile e License: James Garland Peek requested a beer and wine pouring license for s Pizza, 2410 Atlanta Road. Attorney John Karazoulas represented Mr. Peek, who could not be present. There was no opposition from the audience, and Jack Halpern, owner of Belmont Hills Shopping Center spoke and said he felt this would be a first class restaurant, and an asset to the community. The restaurant will be located in the building which was fOI'merly Commercial Bank and will be renovated inside and out. Jim Hawkins read the letter from Chief Little stating the police investigation was favorable and stated the applicant met all the ordi- nance requirements. Jim Hawkins made a motion the license be approved, seconded by Sarah Jones. Vote on the motion carried 6-0. Ottis E. Cheatham requested a residential business license for 5 Reed Street. Mr. Cheatham said he would be selling aluminum and vinyl siding by telephone and there would be no outside storage or signs. There was no opposition and Jim Hawkins made a motion the permit be approved. Max Bacon seconded the motion which carried 6-0. Sarah Jones stated the Fire Committee had met and recommended the aerial fire truck be awarded to Emergency One. The truck will be ob- tained through a lease-purchase agreement for 5 years, with a $50,000 down payment and the balance of the down payment be paid from interest on Certificates of Deposit. The delivery date will be 90 to 120 days from date of order. Sarah made a motion the truck be purchased from EmergencY One. James Williams seconded the motion which carried 6-0. TEFRA Hearing: Attorney Camp stated that this was a public hearing which had been discussed at the last meeting and properly advertised in the newspaper to see if there was anyone for or against the Cobb County Housing Authority issuing revenue financing bonds to finance mUlti-family housing rental facilities in the City of Smyrna for The Hills of Post Village. There were no comments from the audience and the pUblic hearing was closed. Jack Shinall made a motion the Resolution, read by Attorney Charles Camp, author- izing the Housing Auth y of Cobb County to issues its revenue bonds for the purpose of' f'inanci residential rental f'acilities for low and mod- erate income families located within the City of' Smyrna, to The Hills of' Post Vill Ltd.. be approved. Jim Tolleson seconded the motion which carried 6- O. of Resolution to be made a part of' these minutes.) James Williams then made a motion the following the need for a housing authority in the City of the motion which carried 6-0. Resolution be read to Smyrna. Jim Tolleson declare seconded A RESOLUTION TO DECLARE THE NEED FOR THE ACTIVATION AUTHORITY TO FUNCTION IN THE CITY OF , PURSUANT TO THE PROVISIONS OF THE RITIES LAW: TO APPOINT THE COMMIS- SAID AUTHORITY: TO AUTHORIZE SAID AUTHORITY TO EXERCISE THE POWERS CONTAINED IN THE HOUSING AUTHORITIES LAW: TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES: May 2, 1983 - Continued WIT N E SSE T H: WHEREAS, it has been that exists an Smyrna, Georgia; and determined by the Mayor urgent need to provide and Council additional of the City of housing in the Smyrna, Ci ty of WHER4~S, it has been determined by the Mayor and Council that of safe or sanitary dwelling accommodations in the City of persons of low income at rentals they can afford; and there is a shortage Smyrna available to WHEREAS, the Housing Authorities Law (O.C.G.A., Section 8-3-1, et seq., as amend- ed) (the "Act"), enacted by the General Assembly of the State of Georgia, creates for municipality in the State of Georgia a public body corporate and politic to be as the "Housing Authority" of such municipality, which shall conist of a.board of seven Commissioners to be appointed by resolution of the governing body such municipality for initial terms of one, two, three, four and five years and thereafter for staggered terms of five years; and WHEREAS, the Mayor and Council have determined that there is a need for a Housing Authority to function in the City .of Smyrna to help finance the cost of providing an adequate supply of housing for the people of the City of Smyrna; and Mayor and Council, after thorough investigation, it desirable and necessary that a Housing Authority be the City of Smyrna with all the powers granted it by the to issue revenue bonds for the purpose of providing in order to fulfill the present needs expressed herein; determined to func including to finance BE IT and as RESOLVED, that Commissioners shall be appointed by Mayor to serve for the aforementioned terms of office, by Resolution adopted practical and convenient. BE RESOLVED, that in the event that a Commissioner at any time ceases to sident of the City of Smyrna; his eligibility to serve as a Commissioner shall C.aase, and his term of office shall end. BE FURTHER RESOLVED, that the Commissioners elected shall organize, carry out their duties and responsibilities and exercise their powers and prerogatives in accordance with the terms and provisions of the Act as it now exists and as it might hereafter be amended or modified. BE RESOLVED, that resolution shall become effective May 31, 1983, and and after such date the Authority shall be deemed to be duly created and activated and shall have perpetual existence. BE IT FURTHER RESOLVED, that any and all resolutions in conflict with this resol- ution be and the same are hereby repealed. Jack made a motion the resolution be approved. Jim Tolleson seconded the motion which carried by a 6-0 vote. The next item on the agenda, appointment of board members to serve on the Housing Authority, was tabled to the next m.aeting. Commercial Building Permits: Commercial building permits were presented by Assis- tant PuJ::>Iic Works Director Vic Broyles and upon hj_s recommendation the following approved: a requested a permit to renovate the existing building at 2480 Spring 7-11 store at a total estimated cost of $51,000. James Williams made permi t be approved, subj ect to approval of the Fire Marshal. Max the motion which carried 6-0. Jim Hawkins stated that on January 3, 1983, a proposed was read, properly advertised and approved February 7, 1983, which RM-16 classification. Jim said he felt council had acted hastily in approving the ordinance and made a motion the RM-16 classification be deleted in entirety. James Williams seconded the motion which carried by a 6-0 vote. May 2, 1983 - Continued Approval of be approved O. Minutes: Jack as submitted. Shinall made a James Williams motion seconded minutes motion of April 4, 1983 which carried 6- the the Jim Hawkins made a motion the minutes of April 18, 1983 be approved as submitted. Sarah Jones seconded the motion which carried 6-0. Committee Reports: (Finance) Jim Tolleson called for a Finance Co~nittee meeting Thursday at 5: 30 and said the budgets were well under way. Also, the 1% Local Option Sales Tax may be on the referendum this September. (Inspections) James Williams reported that Gene Golden had passed his examination and was now the Assistant Building Inspector for the City. (Library) Doris Morris reported on library activities for the summer. (Water) Jack Shinall said the sewer study is well underway. The preliminary re- port shows that there are 12 minor problems that can be corrected very cheaply but will result in a three-quarter million dollar savings from infiltration into the sewer lines. Jack Shinall stated we are still having problems with barking dogs, and recently a case was dismissed by our Recorder' s Court Judge. Jack asked Attorney Camp to review our ordinance concerning noises and have a report ready for the next meeting as to whether or not it can be properly enforced. (Fire) Sarah Jones made a motion the rules be suspended to allow a motion to be placed on the floor. Jim Tolleson seconded the motion which carried 6-0. Sarah an emergency situation occurred at the main fire station yesterday when t found 't];;e compressor in the air conditioning unit was burned out and needed replacing. Two proposals were received; one from Dayco Ser- vices at $1,417 and the from Cobb Heating & Air. Their bid was $1,484 to replace the compressor and $1,693 to repair. After discussion, Sarah made a motion that bids be requested, to be received within a 24-hour period and the committee be authorized to award the 10N bi'i. James Williams seconded the motion which car- ried 6-0. Sarah Jones reminded everyone that tomorrow would be a State-wide election and no alcoholic beverages could be sold before 8:00 p.m. Sarah Jones said that Highland Park Road would begin this month through the new 1,000 acre industrial "park and with that in mind, would like to set in motion the annexation of South Cobb Drive from Ridge Road to Highland Park. This would enable our police department to have complete jurisdiction of the roadway when they travel to and from the park to patrol there. (Parks) Sherry Reavis reported on the success of the Spring Festival and thanked everyone involved. With no further business, meeting adjourned at 8:20 p.m. ************************ May 16, ]_983 and ing and scheduled meeting of Mayor and Council was held May 16, at Smyrna The meeting was called to order by presiding officer Arthur T. : 30 o' clock p.m. All Council members were present. Also present was Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Fire Chief Hubert Cochran, Publ ic Works Director Jim David, Parks Director Sherry Assistant City Clerk Melinda Hiatt, Build- Larry Dunn, Civil Director Jim Farley, Librarian Doris Morris representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. read a proclamation recognizing the month of June as Recreation Month Director Sherry Reavis he would present it to her after the meeting. Sue Brissey complained of illegal signs in the and she had removed over the weekend. Mrs. Brissey said she was the Marietta Daily JOUrnal was distributing yard sale signs. showed disap- Rose requested rezoning of property in Land Lot 452, 1009 and from R-15 to Commercial. There was no opposition from Rose said if the property was rezoned he would lease the two that would compatible with the L. C. zoning. Jim Hawkins City has with the Limited zonings on asked if he was familiar with the ordinances, Section 901 which deal s with paved parking required and buffer Mr. Rose familiar with the and agreed to comply with them. Jim one of the houses rented and asked Mr. Camp if they would vacate the house it is rezoned. Mr. Camp said the present remain, but the house could not be re-rented after the zoning was Jim Hawkins made a motion the zoning be approved. Jim Tolleson seconded which carried by a 7-0 vote. S. Cochran 807 from Mr. Cochran like to leave there. They are re;z,oning of approximately 3-3 acres in Land Commercial to RM-16. There was no opposition said he also owned 2 ~ acres on Highway General Commercial and would have negotiating with Sunday House, but; have Cochran presented proposed plans of the 50% of the units would have to be one will be from a paved road which was 5 years ago on the north of the bought and renovated future access through their development read the minutes from the Planning recommended for approval. Jim Hawkins voted unanimously to the RM-16 the last zoning approved Williams Elbert Coalson seconded which c as yet. he understood units. The specificationS 4 Johnstown Properties and they have also loan is paid me""ting where the last meeting , and this would the rezoning be with ,Jim Hawkins opposed. Penny Jackson COley requested a transfer of the beer package Gallon, Inc., 2254 Atlanta Road. There was no Jim Ms. Coley if she understood the ordinances concerning sale of alcoholic beverages and if she abide by said ordinances, and the answer was Jim HaWkins read the report by the Police Department which was and made a motion the license be approved. Sarah Jones seconded the motion which carried 7-0. a William requested a beer and wine package license 2482 Carson was sworn in by Camp along in Carson said they wanted to mov"" their store the same Spring Road for about to the re- Oil Station next door, which was only 50 or feet away. them to sell gas at their store, which is the reason for Carson said building would probably be with the contract no alcoholic beverages could at the Hawkins asked Mr. Carson if he was familiar ordinances to abide by and the answer was yes. Mr. the the police invest which was favorable. Jim that does not requirements from DeVille Mr. Donegan, had submitted a the dist- which is only or 4 feet short. Max Mr. Carson remodel according the survey, Which shows on the and report the side of the building and Mr. Carson said he was not sure, he had not looked at the survey that closely. Connie Paine represented a group of concerned mothers living at Chateau DeVille Apartments and read and presented a petition signed by them. Ms. Paine said they felt the store would be too much of an enticement for the children and it was dangerous for them to cross the street. During discussion Ms. Paine said she was under the impression if the license was denied, the store would close completely but still objected to the license being issued. Ms. Paine said there was a conven- ience store next door to the apartments that the children could safely go to. Jim Hawkins said it had always been his policy to not vote for a there was some question as to the distance requirements and made license be denied. Jack Shinall seconded the motion which carried 7-0. license where a motion the Privilege License: William Bannister requested a beer and wine pouring license for the Sizzler Family Steak House at 2731 South Cobb Drive. There was no opposi- tion. Mr. Bannister said they would not have a bar, but would like to be able to serve beer and wine to their customers who wanted it with their meals. Mr. Bannister said he understood the ordinances and agreed to abide by them and also presented a letter from Our Savior Luther Church which is located across the street stating they had no objections to the license being issued. Jim Hawkins stat;ed the police investigation was favorable and made a motion the license be approved. Sarah Jones seconded the motion which carried by a 7-0 vote. Variance: Jack Shinall read a letter from Mr. & Mrs. G. B. Stoner of 1135 Bank Street requesting permission to build a garage apartment at the rear of their house for Mrs. Stoner's mother. Jack said he had been advised by our city attorney that the only way this could be granted would be through a land use permit. Attor- ney Camp said this is a hardship situation and is entirely different from the case ve pending Also, a land use permit has to be renewed peri- o r further on, Jack Shinall made a motion a land use perIni t be granted to Mr. and Mrs. Stoner to allow the construction of a garage apartment. Jim Hawkins seconded the motion which carried 6-1, with Max Bacon opposed. Jack Shinall stated the Stoner's also had a petition signed by the immediate neighbors stating they had no objections. Variance: Stacy Davis requested a variance on seven lots in Green Forest Subdi- vision on front setback requirements. Mr. Davis said these were the last seven lots on Green Valley Drive and they fall at about a 450 angle and to meet the setback requirements he would not be able to tie onto the sewer 1.ine. Also, there is a rock ledge on the back of the lots and Mr. Davis said it would cost him more to correct these problems than he could afford. Sarah Jones said she felt the lots were basically unbuildable and it could be a potential hazard to try and build on them. Mr. Davis said the lots were desirable to some people and the final plat of the subdivision did not indicate the lots were unbuildable. Mr. Davis said it was possible he could build on them as they now exist, but he would not want to. Sarah said if the variance was granted, we would need a letter from him relieving the City from any liability should anyone working or living there suffer from any accident or harm. After further discussion, Sarah Jones made a motion the variance be tabled to the next meeting and asked all the other council members to look at the lots and give their opinion. Elbert Coalson seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Larry Dunn and upon his recommendation, the following approved: (1) Brawner's, 3180 Atlanta Road, requested a permit for addition of a 2-story building a total estimated cost of $280,000. James Williams made a motion the permit b proved subject to approval of the Fire Marshal. Elbert Coalson seconded the motion which carried 7-0. Lots legal 1983. Land the 18, Shinall made a motion the O. B. & J. D. be annexed into the City to become ng been read and made a part of the seconded the motion which carried 7-0. Logan property in a part of Ward 5, minutes of April Jack 342 and description Elbert Coalson Validation of Signatures: Atto:t"'ney Camp read an application for annexation of property in Land Lots 306, 307, 342 and 343, as follows: We the undersigned, who constitute sixty percent (60%) of the land area by acreage of the area described below, which the owners of is unincorpor- May 16, 1983 - Continued and contiguous to the City of Smyrna, hereby apply to have said area into the City of Smyrna under the provisions of the Cc>de of Georgia Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 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 Lots and 343, 17th District, 2nd Section, Cobb County, Georgia more particularly described as follows: 306, and 307, being BEGINNING at the intersection of the northwesterly right of Church Road and the centerline of a branch of Smyrna Creek; runntng south 86 degrees 29 minutes west.adistance of 890 feet to a pointgn the easterly right of way of Old COI1GC>:l:'ci; thence northerly along the easterly right way of Old Concord Road a distance of 424 feet, more or less, to the of Smyrna Creek; thence westerly along the centerline of said Creek, and fOllowing the meanderings thereof, a distance of 465 more or less, to a thence north 22 degrees 30 minutes west distance of 1152 feet to an iron pin on the north land lot line of Land 307; continuing thence degrees 30 minutes west a distance 708 feet to a point; 89 degrees 23 minutes east a distance feet to a point; east a distance of 307.16 feet to a located on the right of way of Old Concord Road; thence along the right of way of Old Concord Road a distance feet to a point; north 69 degrees 28 minutes west a dis- 513.8 feet to thence southeasterly a distance of 468 point; thence south 88 degrees 30 minutes west a distance of to a point; thence 9 degrees 49 minutes 38 seconds east of 189.28 feet to point; thence south 63 degrees 35 minutes a distance of 175. a point; thence southeasterly a distance feet to a point the easterly right of WaY of Old Concord Rpad; thence northerly easterly right of way of Old Concord Road a distance of 580 feet iron pin; thence south 84 degrees 40 minutes east a distance of 200 to a point; thence north 00 degrees 30 minutes west a distance of 100 feet to a point; thence south 84 degrees 45 minutes a distance of 200 feet to an iron pin; thence south 84 degrees 20 east a distance of. 540 feet, to an iron pin; thence south 1 degree east a distance of 254 feet to a point; thence southwesterly of 175 feet to the centerline of Smyrna Creek; thence south- along the centerline of Smyrna Creek, and fOllowing the meander- thereof, a distance of 613 feet, more or less, to the intersection Creek and a branch of Smyrna Creek; thence southeasterly along centerline of the branch of Smyrna Creek a distance Of feet, more to the northwesterly right of way of Church Road and the point BEGINNING. of 1021.3 of to a feet or THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. the signature of the record title holders legal representattYe, of 60% of the land s/OPAL W. JONES & E. P. LOGAN of the fee area above simple title, described by made a motion the signatures be 20, 1983. James Williams seconded validated and the Public hearing the motion which carried by a 7-0 approved to following Mayor Bacon said at the need for a housing were presented to serve on the meeting in the Ward 1: 2: 3 : 4: Ward 5: Ward 6: Ward 7: Jack Hamlim (4 years) Appointment next meeting (5 years) Stan Sullivan Darlene Davidson Paul Griggs (3 Appointment to next meeting (1 year) Martha Akin (2 Jack Shinall made a motion the appointments be approved. Jim Tolleson seconded the motion which carried by a 7-0 vote. May 16, 1983 - Continued Appointment to Planning & Zoning had served on this board for the they were moving out of the City. ted to fill the unexpired term. a 7-0 vote. Board: Jim Tolleson stated that Charlie McCoy past 4 or 5 years and was now resigning because Jim made a motion that Marion Wilhelm be appoin- Max Bacon seconded the motion which carried by Jim Tolleson made be heard June 6, vote. a motion that the 1983. James Williams Recorder' s Court appeal by David seconded the motion which carried Bostwick by a 7-0 Jack Shinall made a motion that Sanford Place be made one-way north, immediately after school is out June 3rd, for the remainder of baseball season. Jim Tolleson seconded the motion which carried 7-0. Max Bacon made a motion that Cedar Ridge Court be closed May 28th between the hours of 5; 00 to 11: 00 p.m. f'or a block party. Jim Tolleson seconded the motion which carried 7-0. Willowbrook Sewer Line: Mayor Bacon said the bid price to install the Willowbrook sewer line was $95,000 and prior to the work starting it was necessary to get approval from the railroad to bore under their tracks. During the boring process, the contractor hit pilings and found it impossible to bore all the way through. Mayor Bacon said our engineer met with the County engineer and the railroad engin- eer and they agreed there was about a 20 to 30% chance of boring all the way. If it is necessary to tunnel and bore it will run considerably more. Mayor Bacon said the contractor, D&H Construction, had now guaranteed to complete the bore for a lump sum price of $150,000. Sarah Jones made a motion the addendum to the contract to D&H Construction be approved for a lump sum price of $150,000, seconded by Max Bacon. Jack Shinall said he would not support the motion because even though the cost could be much more than it is at this point, the contract did call for a second bore, which they are not doing and this is almost double the cost of what was approved for line. Also, we could have asked for developer parti- cipat as the and we may have gotten some financial help that way. Sarah d we quite a bit of money invested in this project that will have to be paid and we need to complete the line as quiCkly as possible to keep the Environmental Protection Agency off our backs about overflowing sewer lines. After further discussion, vote on the motion carried 6-1, with Jack Shinall opposed. Woodland Arms Lift Stat:ion; Jack Shinall said the plans for the Woodland Arms sewer line should be ready by next Monday. Council has already given approval to request bids but we had to wait for the plans and were also held up by the Federal government concerning wages and minority participat:ion. Jack made a motion the bids be reviewed June 13th with the contractors present, with the bid awarded June 20, 1983. Max Bacon seconded the motion which carried 7-0. Elbert Coalson said the Insurance Committee met and upon their recommendation, made a motion the workmans compensation remain with the current carrier, Morrison Assurance Agency, with Northwest Insurance Agency. Jim Tolleson seconded the motion which carried by a 7-0 vote. Committee Reports; Elbert Coalson Springs Street was holding too long, said the light on South Cobb Drive at and asked Jim David to have it checked. Powder (Parks) Elbert Coalson read a letter f'rom Parks cerning vandalism at our parks. Mr. Coalson said very costly to the City and asked anyone who might to notify the park ranger. Superintendent Bruce Bates con- this is a serious problem and see any vandalism taking place Sherry Reavis stated that June 4th would be the Super Family Field Day; Father/Son and Mother/Daughter Tennis TouX'nament, and the pools would all be open for the summer. Mr. Coalson asked Mr. Camp if he could report Camp said it is complicated, but he is doing have something ready by the June 6th meeting. on the barking dog ordinance. Mr. some research and wouJ_d hopefully (Water) Jack Shinall said we weX'e continuing with the Sewer System Evaluation Study and were also working on proposals for contracting garbage pickup. The com- mittee has alreadY met with several major companies and outlined what we will May 16, 1983 - Continued expect and they will meet again not know if a decision would be is a lOt to consider. full Mayor and Council. Jack said he did before the new budget year because there (Libra+,y) Doris Morris reported on library activities. (Fin""Dce) Jim Tolleson reminded everyone of the budget meeting Mayl9th at 5:30 with all department heads. Jim s""id the Department of Transportation had certain requirements to be met before we could begin the beautification program on Atlanta Road and asked Jim David to check with them. Next council meeting June 6, 1983. would the last day of the SeSquicentennial and homecoming and will be contacting SOme people within Mayor Bacon said October 1st they are trying to set up a the next few days. With further business, meeting adjourned at 9,10 p.m. K I, Roland Williams do solemnly swear that I will well and truly demean myself as Civil Service Board member 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 Civil Service Board member act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 18th day of July, 1983 Arthur T. Bacon, Mayor ;::j ;j:O an ;l TfDunCO ;:roK~ at:p .~ & SSQtq 11," (~S) . ptU?t{ A. 'Ivas )