Loading...
November 7/21/28, 1983 Council Meeting and Council was held pursuant to the Charter was called to order at 7:30 o'clock p.m. by presiding All council members were present. Also present was ty Clerk Willouise Spivey, Police Chief R. E. Little, , Assistant Public Works Director Vic Broyles, Parks Reavis, Assistant City Clerk Melinda Hiatt, Building Librarian Monika Myers, Civil Defense Deputy Director of the press. followed by the pledge to the flag. "Youth Appreciation Week" and presented it to Optimist Club. plaque to KathY Barton and the Smyrna achieve re-certification under the .Jaycettes Certified presented by Wallace Pate. Mr. as compared to a deficit been a big turn around for im- a motion the audit be approved. D. Little, property in Land Lot 631 on Spring ion that 1.13 acres a part of Ward 4, tes of October 3, was no opposition to on Lake Drive, Land Lot 412 the legal description having 1983. .James Williams seconded the annexation request. annexation of property on Pat Mell Road in Land aving been read and made a part of the minutes of :inquired about the present zoning of the property :Mr. Chastain would derive from being annexed into oning had been turned down by the County. Mr. Chas- zoned FST-J.O in the County and he would be build- of the traffic on Pat Mell Road and felt this accident rate. the property be annexed, to become a part of Ward 6. ion which carried 7-0. variance on the front yard setback from 50 feet Pat Mell Road. Mr. Chastain said he was donating which he would widen and pave, but in doing so feet and needed the variance to prevent them from a motion the variance be approved. Jim TollesOll O. annexation of' 40 acres in Land scription having been read and There was a large group in opposition their comments for the zon:ing hearing. Sarah to becomli;' a part of Ward 7. Jim Hawkins Max Bacon and James Williams opposed. requested rli;'zoning of' property just annexed Residential Townhouse District. Dave Logel and were sworn in with Don McQueen and ^Dar- tion. Mr. Logel said he was the president of ding in East Cobb for about 5 years. Mr. Logel requested RTD at 8 units per acre. After es of s homeowuers association they equesting approval of 195 units e family detached units on Cooper to exceed 3 units per acre. 5t units per acre and m:i homeowners association. Also> November 7, 1983 Continued they will plant a buffer of Red Tip Photinias on Cooper Lake Road. They had also agreed to a homeowners association with dues requirements to maintain the exterior of the units. Mr. Logel said this would qualify as a residential group project under the Smyrna zoning ordinance and they would accept that as an alternative to RTD. The only thing they could not accept is that 20% of the property be dedicated for recreational type use. Mr. Logel said they bad also agreed to a maximum of 2 units per building for the townhouses and they would also provide an ingress and egress lane on Cooper Lake Road. In addition, they would retain as many of the trees as possible. Mr. Logel said they would be will:ing to work with the county to add a lane at the bridge when they acquire the land needed. Water and sewer lines are available to the property with the county. Darlene Davidson and Don McQueen of the Smyrna Homeowners Association spoke and said they had been involved in the zoning of this property since July, which had already been turned down by the County. They did meet with Mr. Logel and agreed to the compro- mise as presented by him. After further discussion, Sarah .Jones made a motion the property be rezoned as a Planned Unit Development with the following stipulations: a total of 195 units; single family detached un:i ts on Cooper Lake Road not to exceed 3 units per acre and minimum floor size of 1400 square feet; balance of the property built as townhouses at 51> units per acre and minimum floor size of 1200 square feet; buffer of Red Tip Photinias along Cooper Lake Road and required homeowners association to ma:intain exterior of units; townhouse development to be limited to 2 uuits per building. Jim Tolleson seconded the motion which carried 4-3 , with Sarah Jones, .Jim Tolleson, .Jim Hawkins and Elbert Coalson for; .Jack Shinall, JVIax Bacon and .James Wil- liams opposed. Mayor Bacon called for a 5 minute recess. Attorney Camp read a legal description for the annexation of South Cobb south to the :industrial park. After di'scussion, Jack Shinall made a motion this be tabled to the next meeting until we receive written approval from the State Department of Transportation. .Jim Tolleson seconded the motion which carried 6-1, with Jim Hawkins opposed. Validation of Signatures: Attorney Camp read an application for annexation by Charles G. West of property on Elmwood Drive as follows: We the undersigned, who constitute sixty pe it (60%) of the owners of the land area by acreage of the area described below, wh h is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed illtO the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 41l, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed be:ing described as follows, to wit: All that tract or parcel of land lying and being in original, Land Lot 666 of the 17tl: District, 2nd Section of Cobb County, Georgia, and being a portion of subdivided Lots Nos. 21 and 22, which is shown by a plat of the East Smyrna Subdivision made by Gordon Nalley, Surveyor, dated .June l5, 1940, recorded in Plat Book 4, page l25, Cobb County Records, being more particularly described as follows: BEGINNING at a point on the West side of Line Street (Elmwood Drive) whj.ch is 200 feet South of the Northeast corner of subd:ivided Lot No. 22 as shown on said plat; thence running South along the West side of' said street for a distance of 100 feet to a point and corner; thence West through subdiv:ided Lots No. 22 and 2l along a line which runs parallel to Spring Street for a distance of 200 feet to the West line of Lot No. 21; thence North along the West line of Lot No. 21 for a distance of 100 feet to a point which is 200 feet South of the Northwest corner of subdivided Lot No. 21; thence East along a line parallel to and 200 feet South of Sprillg Street for a distance of 200 feet through said lots to the East side of Line Street ( Elmwood Drive) and point of BEGINNING, Elmwood Drive being a 40 foot street which has been laid out through the West sides of subdivided Lots Nos. 23 and 28 as shown in said plat. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Wi'tness the signature legal representative, G. WEST of of the 60% record of the title land holders of the fee area above described simple title, or his by acreage: s/CHARLES motion the signature be validated and the public hearing set for Jim Hawk:ins seconded the motion which carried 7-0. Lincoln inance on bui office building. be approved. Jim requested a variance from Section 802 of the zoning from 35 feet to 52 feet for new construction of an opposition and Jim TolleSOn made a motj,on the variance the motion which carried 7-0. ordinanc eliminate made a motion that section 802 of the zoning building structures of 5 storj.es or 55 feet, to lliams seconded the motiOn which carried 7-0. be suspended to approve an item not on the agen- ch carried 7-0. Lincoln Properties also be given a variance on the 180 squa:pe feet to 153 square feet. Max Bacon secon- Bacon read a letter from Mac Orange requesting a variaHce on lot a house from 132 Concord Road to a vacant lot on Harold Lane at Pat ange said he was not able to meet the time limit on buying the house e only on the lot size for construction of' a amp stated that this lot is recorded on an ex- to adoption of our existing ordinance. There- d a variance not required. cial building permits were presented by Inspector ion, the following approved: a permit for construction of a new office building estimated cost of $3,500,000. Sarah Jones made subject to approval of the City Engineer and Fire he motion which carried 7-0. tbe interior of' the building at 2200 Atlanta $370,000. Sarah JOnes made a motion the permit be City Engineer' and F:ire Marshal. Elbert Coalson permit for new construction h Jones made a motion gineer and Fire Marshal. at 412 Lake Drive at a the permit be approved Elbert Coalson seconded South Cobb Drive requested a permit for an cost of $61,000. Sarah Jones made proval of the City Engineer and Fire b carried 7-0. addition a motiOn Marshal. requested a permit for an addition cost of $165,000. Jack Shinall made to approval of t;he Ci'ty Engineer and Fire n which carried 7-0. sted a business license for Sister Christine, Road. Elbert Coalson said he had not had time or location and made a mot:ion this be tabled. carried 7-0. Gadd:is requested a residential permit for Belmont he had lived at this locat:ion for 6 the permit to do estimating work by would be kept at the Atlanta office the only obj ection he had was that other place to operate their business. Also, he n of some of the neighbors living near his the petition except for two people. After otion the license be denied. Jack Shinall Voting for the motioll was Elbert Coalson, Jack Sarah Jones, JVIax Bacon, Jim Tolleson and James Williams. Jim Tolleson made a motion the license be approved. Max Bacon seconded the motion which carried 4-3. Voting for the motion was Jim Tolleson. Max Bacon, Sarah Jones and James Williams. Opposed was .Jack Shinall, Elbert Coalson and .Jim Hawkins. Dusty Bennett presented copies of the results Wards 5 and 7. Jim Hawkins made a motion the Williams seconded the motion which carried 7-0. of the November 1st election results be elect:ion held in certified. James James Williams made a motion the approval to adopt a General Court docket be tabled to the next meeting to give him time to talk with Judge Reeves. Jack Shinall seconded the motion which carr:ied 7-0. Approval of Pay Scale Revisions: Jim Hawkins said our pay scale had been studied closely and compared with other cities aI1d the most deficient areas seemed to be in police and fire officers while entry level salaries were comparable. We have no pro- blem in hiring policemen and firemen, the problem is in retaining them. Jim said the FiI1ance Committee had recommended the fOllowing revisions: PO~ICE DEPARTMENT: Corporal from Range 15 to 18 Detective from Range 15 to 17 Sergeant from Range 17 to 19 Lieutenant from Range 18 to 21 Captain from Range 20 to 23 All Clerks to Range 10 & 11 All Patrolmen from Range 14 to 15 FIRE DEPARTMENT: Engineer from Range 15 to l7 Lieutenant from Range 17 to 19 Captain from Range 19 to 22 All firefighters from Range 14 to l5 Jim HaWkins said it was not the intent to give raises at this time to patrolmen and firefighter's. but this revision would allow for 2 addit:ional steps on the end of their range. The total cost for the remainder of the budget year to raise salaries of police and fire officers is $54,046. Jim Hawkins made a motion the revisons be approved, to be paid from the Contingency Fund. James Williams seconded the motion. Jim Tolleson said he thought this was a great step, and long overdue. Jack Shinall said he hoped that everyone understood this is an attempt to equalize the problems we have had and it was almost an impossible task to consider overall seniority involved. James Wil- liams said he hoped the employees realize this has been a long hard task. There are still some inequities regarding longevity and seniority but we will continue to work on these and make improvements as finances will allow. After some discussion concerning the effective date, the motion and second were with- drawn. Jim Hawkins then made a motion tbe revisions and new scale be approved, effective November 16, 1983. James Williams seconded the motion which carried 7-0. James Williams said it was time to renew the D.U.I. TaskForce agreement. The City has been reimbursed for 75% of the cost to date. The DUI fines have totaled $39,230, with 37 cases still outstanding. James Williams made a motion approval be given to continue the City's praticipation. Jim Hawkins seconded the motion. James Williams said he felt there has been some harrassment and entrapment used ,and he hoped the Task Force would correct some of these areas. Vote on the motion carried 7-0. .Jim Tolleson said the sketches for the greenbelt around Belmont Hills had been com- pleted and approved by the State. They had received a bid of $9800 for curbing but the committee decided that was too much to spend at this time. Jim Tolleson made a motion that $3,500 be approved to order and plant Red Tip Photinias on Atlanta Road from Cherokee to the old depot. Post Properties has agreed to order the pl&ltS for us, which they can get at cost. Max Bacon seconded the motion. Jim said this money would be in addition to the $1,200 already approved and $500 donated by ]VIr. Halpern. James Williams said he could not support the motion because ]VIr. Walker from Smyrna CleanerS has been willing to donate a tree for that area and we have not given him an answer. Jim Tolleson said he would be happy to accept the trees and would give him a call soon. Vote on the motioI1 carr:ied 6-1, with James Williams opposed. James Williams made a motion that bids be requested for Civil Defense to be opened the first meeting in the motion which carried 7-0. for an emergency rescue truck December. Jim Hawkins seconded James Williams made a mot:ion that bids be requested to recarpet the Detective bureau. which is badly needed. We have also had recommendations from the Grand .Jury that the 1983 - Continued Jones seconded the motion which carried 7-0. 1 made a seconded minutes of October 3, 1983 be approved as submitted. which carried 6-0, with Elbert Coalson abstaining. James Williams made ted. Elbert Coalson e minutes of October 17, 1983 be approved as submit- motion which carried 7-0. Monika Cable TV Myers invited everyone to Children's Week, continues to televise story time on Saturday c Broyles about the timing of traffic lights on South the LARP program. Vic said he was still waiting for lights and he had called Stewart Brothers today about on the problem with the curbing machine. everyone that November 14th :is the last day to pay reminded everyone to vote tomorrow. Tolleson I' the Water & the water tower has been committee following adjour ved and asked for a short t. further business, adjourned at 9:10 p.m. ************************ Mayor and Council was held November 21, 1983 at Smyrna to order at 7:30 o'clock p.m. by presiding officer members were present. Also present was City Attor- louise Spivey, Police Chief R. E. Little, Assistant Acting Fire Chief Hubert Cochran, Parks and Recrea- Defense Director Jim Parley, Building Inspector Melinda Hiatt, Librarian Doris Morris, and represen- followed by the pledge to the flag. ted the 1983 Georgia Recreation and Parks Society Arnold for their outstanding leadership and acres on Church Road & Aline Wolfe There was no opposition, and Mr. Perry y said their plans were to build 48 units, to sell from $50,000 to $60,000. The property mul ti-family or churches. The house on the Home and is used for student housing, but Mr. be torn down. There was some discussion as to whether Drive was a private or dedicated street and Jim Hawkins said the agreed to pave the street with the stipulation that anyone share in the cost of paving. Mr. Camp said he understood 19, 1973 and was told that Gene Reeves would grade asphal t for paving, so the cost would have been be willing to upgrade the road to meet city Broyles said the street already meets spec:i- paved. to a lower density. Mr. Perry said the be plenty of room and would like to build 48 units he complies and suggested he has been . Jim Hawkins said be a reasonable rate our city cost of paving his share. motion the fund as his with Mr. the pav:ing. Jack Perry to pay $1,000 Shinall seconded the to the motion Larry permits were presented by Inspector approved: a permit for a pool and enclosure Jones made a motion the permit be approved Fire Marshal. Jack Shinall seconded the (2) to add made a Spring Road requested a building permit estimated cost of $80,009. Sarah Jones to approval of the Fire Marshal and City which carried 7~0. Max Bacon resolution pertaining to the Cable TV WHEREAS the City "Company" ) dated April is 4, the 1966; Holder for serving desires to to a ..third party; " of it's licensed distribution system its and the in full force and effect in all to all of the Company's obligations obligation t:;o pay franchise fees as and maintain the system as ized in any the company default or defect in said and a whole, shall WHEREAS as a such or shall not become assignment of the Franchise now of the it resolved, that agreement as ~hall not be a violation XVIII of said Franchise. obtaining funds to corporate counsel in New continue to operate the ing entity. of the they will system as a whole. Max which a motion the 7-0. approved. James Williams seconded the motion a motion of the General Court Docket be tabled to which carr:ied 7-0. Public Police was the Safety Station second J ames Williams to Executive received. Jim Detective division of the Station were , Inc. Carpet Road 00 00 - Continued Covering 843 Concord Road $2,900.00 bids n back 7-0. be to turned over to the Public full Council on December Safety committee 5th. Sarah Jones hearing was held to consider the redi vision of the City's said these came about due to a Georgia law passed boundary lines be visible to the eye, or found on The intent of the changes is so that our boundary ract lines. All wards except for 4 and 7 had some he population balance stayed within the guidelines of the reapPor- p place for Ward 3 will be moved from the Smyrna Police thorne ary School. These changes, to become effective January been properly advertised and public hearing notices posted throughout comments from the audience and Sarah Jones effective January 1, 1984. pending approval seconded the motion which carried 7-0. made a motion by the Justice the changes Department. notice from the Cobb-Marietta Water Authority in July increase ll~ per thousand gallons, effective January 1, 1984. increase also, but we dOn't know how much. Jim said the total increse about 2:lJt per thousand. Also, garbage collection rates will probably the first of the year by $2.00 per month. Jim said the suppliers are cost to us, and we have to pass it on to the customers. Jack Shinall should a let thi and the Cobb-l\Tarietta Water Authority states they ion for rate increases. Jim Tolleson said we received ed a cost study and the increase was necessary, but said we would have a meeting with Cal Simmons next week other cities. that Eddie Eldridge has served on the Parks and Recrea- made a motion he be reappointed for a 2 year term. h carried 7-0. Attorney Camp read an application for annexation to the sixty percent (60%) of the owners of the land area below, which is unincorporated and contiguous to to have said area annexed into the City of Smyrna Georgia Annotated, Sections 69-904 through 69-9l2 4l0, 411, 412, 413; 1971, 399; 1976, Pages 1011, being described as follows, to wit: of land lying and being in Land Lots 846 and 881 of the 17th County, Georgia, being more particularly described as of the east right of way line of' of Curtis Drive; thence running :in a of way line of Hargrove Road a distance of' running :in a northeast;erly direct:ion, a distance of 68. 3:L feet to an iron pin dj.rection, south 80 degrees 08 minutes 05 an iron pin found; thence south 69 degrees 383.16 feet to an :iron pin set, said pin of way of Curtis Drive; thence running in a westerly di~~ection :line of Curtis Drive and fOllowing the curvature thereof iron pin found at the intersection of' the east right tbe north right of' way line of Curtis Drive, and AND SEALS, AND THEREBY MAKE SAID CRIST, of the of' 60% of OF DEVELOPMENT holders of the fee are above described by his F. mot:ion the . .Jack Shinall be validated and the public motion which carried 7-0. set for Crist with Taj ico Emerson Center explaining Inn hotel at this site. an application for annexation as follows: who const area described hereby apply of the Code 1966, Pages to be annexed (60%) of the owners of the land area is unincorporated and contiguous to area annexed j.nto the City of Smyrna Annotated, Sections 69-904 through 69-912 411, 412, 413; 1971, 399; 1976, Pages lOll, as follows, to wit: All 2n.d or parcel of land Cobb County, being in Land Lot 753 oftne 17th District, more particularly described as folows: more or less tnence .westerly 485 feet more or the south side of Oak Drive at the the soutberly along 145 along the Gulf or along the Gulf property more or of the Gulf property; thence the southerly land lot line of Land lot line 100 feet to a point; running the south side of Oak Drive; running thence 160 feet more or less to the point of on the property; running thence WHEREFORE, THE UNDERSIGNED APPLICATION FOR ANNEXATION TO THE THEIR HANDS AND SEALS, AND THEREBY MAKE SAID SMYRNA. of of the 60% by title, acreage: or his s/HENRY of holders of area above the fee described Sarah a .motion the . .Ii!!) Tolleson be validated and the pUblic hearing set for motion which carried 7-0. repairs that needed made to the they had received a letter from the Fire Two of tbe smaller items have already been electrical work. Max said they wanted to because the power would have to be were received Ask-Kay Electrical at 166.00 and Heaton Electric at $1,100.00. for the repairs to be paid from the motion which carried 7-0. Study performed by in the Ward 7 was full Pipe Grouting to the roots 2000 feet. This method will allow them actuallY be replaced. Their charge to per lineal foot, or ,300.00. Mayor Bacon work be done. Jack and Jim Tol- bids on replacing Broyles :sy cleaning needs replacing. line would is now the capaCity is reduced to that , Sarah Jones made a motion the proposal paid from Water Revenue. Jim Tolleson that stated the Water and last week now placing :its first Continued he had received a very high water bill last month and they found house that he did not know about. .Jim explained how to locate leaks have a problem. the rules be suspended to approve an item not on the agenda. motion which carried 7-0. that Lee Street was very narrow and we have had problems with cars of the road. Max made a motion that no parking signs be placed arles Avenue to the city lim:its, on both sides of the street. the motion. After discussion> the motion and second were wi th- a moti parking signs be placed on Lee Street from Quarles limits sides of the street for a 90 day period. Jim llawkins tion which carried 7-0. James and he said four of our officers had just graduated from to congratulate them. (Streets) Jack Shinall said a report had been received from the State on the timing for the traffic lights on So Drive at Church Road, Powder Springs Street and Che Road, but they were ed. They said the traffic count had been done at hours and the timing is adjusted to different times, depeuding on the heaviest traffic. Jack said he would continue to look into the situation. Jack Shinall said they had contacted the people we purchased the curbing machine from and they have promised action within a very short period of time. Vic Broyles said that paving under the LARP program had been awarded to Stewart Bro- thers but s:ince the State awarded the contract he could not pressure them to complete our paVing. (Library) Doris Morris made a report from the Library. Mayor Also, o be changed, Ci ty Hall w01.11d be t Monday in January probably to January 3rd. closed is a this Thursday and Friday holiday and that meeting With no fUrther business, meeting adjourned at 8:28 p.m. ************************ meeting of Mayor and Council was held November 28, 1983 at Smyrna was to order at 6: lO p.m. by presiding officer Mayor Co members were present. Also present was City Attorney stant City Clerk Melinda Hiatt and Building Inspector Larry Dunn. the purpose of this meeting was to discuss construction problems on Spring Road. Mr. Vaughn dissatisfied with the work and originallY submitted in Jim Mallett a 20 foot lot was an honest foot minimum. has an l8 foot minimum. foot minimum. Mr. Vaughn said but they had already ordered was already paid for and rather than dump The third truckload of concrete was poured provided greater utilization, It also provides for more open There Cam.P close to in the variances so it does not have fined other builders who were would prObably be better to discuss a them to maintain continuity of the City Engineer determine how many units per unit. Mr. Vaughn said there were have already been poured. Max other be Vote a motion a be fine of $25.0Q be Jim Hawkins that this is and Zoning Board ion as to whether the only one reviewed for the each unit motion and case .. of should ours. With , meeting at 6:40 p.m. MAX BACON, WARD 2