02-01-1982 Regular MeetingZ
February 1, 1982
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on February 1, 1982 at Smyrna City Hall. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor Arthur Bacon. A11 Council members were
present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey,
Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director
Jim David, Civil Defense Director Jim Farley, Acting Parks & Recreation Director
Sherry Reavis, Building Inspector Dan Steely and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
Plat Approval: Inspector Dan Steely presented a plat for the dedication of Lake
Park Drive to the City, which extends from Pasadena Boulevard to U.S. Hwy. 41.
The plat was approved by the City Engineer and Planning and Zoning Department and
Jim Tolleson made a motion it be approved. Jack Shinall seconded the motion which
carried by a 7-0 vote.
Speed Zone Ordinance: James Williams stated this ordinance was the same one
approved in December, 1976, with several revisions as follows: (Copy of entire
ordinance to be made a part of these minutes)
1) Cobb County: That segment of road on SR 3 beginning at the South City
Limit of Smyrna (100 ft. north of Creatwood Trail) and continuing northerly
on SR 3 to the intersection with Concord Road/New Spring Road a distance of
1.02 miles to be speed zoned for 45 miles per hour.
2) That segment of roadway on SR 3E (US 41) beginning at Spring Road and
continuing northerly on SR 3E (US 41) to the North City Limit of Smyrna (2170
feet north of Hargrove Road, 70 feet north of Plumtree Parkway) a distance
of .776 miles to be speed zoned for 45 miles per hour.
3) That segment of roadway on Concord Road beginning at SR 280 and continuing
easterly on Concord Road to the intersection with SR 3 a distance of 1.226
miles to be speed zoned for 40 miles per hour.
4) That segment of roadway on N. Cooper Lake Road beginning at Thomas Lane
and continuing northerly on N. Cooper Lake Road to the intersection with
Concord Road a distance of 1.026 miles to be speed zoned for 35 miles per hour.
Jack Shinall said that Old Concord Road is posted at 35 MPH and this ordinance
recommends a speed zone of 40 MPH. Mayor Bacon said the ordinance of 1976 approved
a speed -'zone of 40 MPH and apparently the signs were posted incorrectly. Jack
Shinall said that several children had been hit by cars in that area of Old Concord
Road and he would like for it to remain at 35 MPH.
The other revision to the ordinance was in the school zone on Spring Road as
follows:
That segment of roadway on Spring Road beginning at the intersection with 30
feet east of Carolyn Drive and continuing easterly on Spring Road to the
intersection with Woodruff Drive a distance of .254 miles to be speed zoned
for 30 miles per hour 'when flashing."
Mr. Williams said this revision was verbally approved by Cliff Harden with the
Department of Transportation.
Jim Tolleson said that when the ordinance in 1976 was approved, Spring Road from
SR 280 to U.S. 41 was deleted and this time it will be approved at the recommended
speed zone of 45 MPH, which will allow our police department to use radar. Jim
said he had asked the State to waive the 45 MPH requirement and let us use radar
in the 40 MPH zone, without success. Jim said radar would be used at every avail-
able opportunity and speeding would be stopped on Spring Road.
Jack Shinall made a motion the ordinance be approved in its entirety, with the
deletion of the following: -
That segment of roadway on Old Concord Road beginning at Hickory Acres
Drive and continuing northerly on Old Concord Road to the intersection with
SR 280 a distance of .723 miles to be speed zoned for 40 miles per hour.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
Continued - February 1, 1982
Jim Hawkins'said that many of our streets need restriping and neither the County
or State will be able to offer any financial assistance. The streets recommended
for striping are: Spring Road, beginning at Hargrove to Atlanta Road; Concord
Road from Atlanta Road to Highview Drive; McCauley Street from South Cobb Drive
to Concord Road; Church Street from South Cobb to Atlanta Road; Cherokee Road;
North Cooper Lake Road from Concord to Reed Street. The striping will also
include reflector beads in the center lane. Jim made a motion bids be requested
for restriping of these streets to be opened at the next council meeting, and
funded from State Grants. Jack Shinall seconded the motion for discussion and
asked if this would be an overall program with several streets to be restriped
periodically. Jim said it was, but their main concern now was to work on the
main thoroughfare streets. Vote on the motion carried 7-0.
Elbert Coalson made a motion the first meeting of March be changed to March 8, 1982
due to the National League of Cities conference in Washington. Jim Hawkins seconded
the motion which carried 7-0.
Max Bacon made a motion that Sherry Reavis be appointed Director of Parks and
Recreation upon the recommendation of the Parks & Recreation Commission and Parks
& Recreation Committee. Jim Hawkins seconded the motion which carried by a 7-0
vote.
Jim Tolleson made a motion the minutes of January 4th, 18th and 25th be approved
as submitted. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Commercial building permits were presented by Inspector Dan Steely and recorded
as follows:
1) Georgia Federal Savings & Loan requested a permit for construction at 3261
South Cobb Drive at a total estimated cost of $162,000. Site plan has been
approved by the Engineering Department and Inspector Steely recommended the permit
be approved subject to approval by the Fire Marshal. Elbert Coalson made a motion
the permit be approved, seconded by Jim Hawkins. Vote on the motion carried 7-0.
2) Tajico-Emerson Center requested a building permit for construction at 2800
Spring Road at a total estimated cost of $425,000. Site plan has been approved
by the Engineering Department and Inspector Steely recommended the permit be
granted, subject to approval by the Fire Marshal. Jim Tolleson made a motion
the permit be approved, seconded by James Williams. Vote on the motion carried 7-0.
3) Zayres requested a permit for improvements to the existing building at 2500
South Cobb Drive at a total estimated cost of $135,000. Plans have been approved
by the Fire Marshal and Inspections Department. Jack Shinall made a motion the
permit be granted. Sarah Jones seconded the motion which carried by a 7-0 vote.
Committee Reports: Jim Tolleson said the Cobb Municipal Association officers
and Mayors had met at Marietta City Hall to discuss the water and sewer increases
to the cities of Cobb. Resulting from that meeting was a resolution which Jim
read as follows:
Whereas, Cobb County has once again unilaterally raised the rate on a service
paid for by member cities, without business courtesy of due notice and without
rhyme or reason; and
Whereas, the instant case is a sewage treatment increase of 33% on two (2)
days notice; and
Whereas this action can cause irreparable harm to the fiscal condition of
the various municipal utilities and create serious financial burdens upon
the customers, especially those large industrial and institutional retail
customers who must price their product or service based upon reasonable cost
projections, and not to ignore the residents on fixed and low incomes; and
Whereas, the integrity, recognition of confidence and stability of the
various utilities is threatened by such precipitous and unexpected actions
by Cobb County; and
Whereas, the appearance is given that the purpose of the almost instantaneous `
sewer rate increase, and previous actions of this sort, is something other
than to serve the fiscal soundness of the Cobb County operation receiving
the additional revenue.
Continued - February 1, 1982
NOW, THEREFORE BE IT RESOLVED that each Cobb Municipal Association member
City is called upon to resolve to not consider this increase until the bill
is received for service rendered for the period beginning March 1, 1982, and
i
not to pay until after April 1, 1982; and
To not pay this rate increase for the months of January and February 1982;
and
To petition the Cobb County Commissioners to amend the sewer contract or
instrument of agreement to allow for ninety (90) days written notice in the
event Cobb County can not get its costs under control and seeks to raise
the sewer rate again in the future, and that within a reasonable time after
delivery of the notice, Cobb County shall schedule and hold one or more
Show Cause Hearings for the wholesale customers including the Cobb Municipal
Association Member Cities, at which time relevant facts relating to the cost
of sewage treatment may be presented and considered, well before the imple-
mentation of another sewage rate increase, if any.
Jim Tolleson made a motion the resolution be adopted, seconded by Max Bacon. Jack
Shinall said he would not support the resolution because he felt we would be placing
ourselves in jeopardy of paying penalties which could amount to approximately
$50,000. Max Bacon said he felt it was time that the cities let the county know
that these short notices of increase would have to stop, and we need to have more
justification when rates are increased this much. Elbert Coalson said he felt
— the cities should meet with county officials first to see if a compromise could
` be reached. Attorney Camp said he had not had the opportunity to review the contract
to see if rates could be raised without any prior warning. Mr. Camp said there
may be a problem with them billing the City for 30 days and giving a notice of an
increase in the middle of the period; that is a retroactive action. After further
discussion, vote on the motion carried 5-2, with Jack Shinall and Elbert Coalson
opposed.
Jim Tolleson made a motion the following policy be adopted:
Any item to be considered at any regularly scheduled council meeting shall
be presented to the City Clerk or Assistant City Clerk no later than 6:00
p.m. on Friday preceding a Monday meeting.
Max Bacon seconded the motion. Jack Shinall said he felt this was taking away
his right as a councilman to represent his people by not being able to take
immediate action on a problem that may be presented by a citizen. Jim Tolleson
said there had been too many hasty votes taken over the past few years and this
motion would benefit everyone by not having to consider something on the spur of
the moment. We.have to stay within the budget, and this is one way to curb
expenses.
Jack Shinall made a motion the policy be tabled since it was not presented at the
agenda meeting and not placed on the agenda. Vote on the motion to table failed
'•� 2-5. Voting for was Jack Shinall and Elbert Coalson. Opposed was Jim Tolleson,
Max Bacon, James Williams, Jim Hawkins and Sarah Jones.
Jim Tolleson amended the original motion to make the effective date February 15,
1982. Max Bacon seconded the amendment. Jack Shinall asked Attorney Camp for a
ruling on the constitutionality of the policy. Mr. Camp said he felt it would be
constitutional as a rule of the body, if adopted. After further discussion Jim
Tolleson amended the original motion again to read as follows:
No action shall be taken on any item to be considered at any regularly
scheduled council meeting unless the same shall be presented to the City
Clerk or'Assistant City Clerk no later than 6:00 p.m. on Friday preceding
a Monday meeting. For any item not presented in that time frame to be
considered, it would take a simple majority vote of council.
Attorney Camp said this policy.would not,restrict any discussion of an item, only
the final action. Max Bacon seconded the amendment. Vote on the amendments and
main motion carried 5-1-1, with Jack Shinall opposed and Elbert Coalson abstaining.
Committee Reports: (Parks) Max Bacon said the City had been considering closing
City Hall Annex for several months. The total operating cost last year was
approximately $6,000 which did not include any repairs to the building. Max said
he felt repairs would have to be made soon to the leaky roof, and heating and
air conditioning system. Space is available in City Hal-l.f.or the_Par.ks-staff and -hope-
fully this can be discussed further at the next meeting.
Continued - February 1, 1982
Max Bacon said there would be a meeting tomorrow night,at City Hall at 7:30 to
discuss the vacant 40 acres of land surrounding Creatwood, Cedar Cliffs and Hickory
Hills subdivisions. The property is zoned R-20 for homes and this is what the
developer plans to build. The question is where the roads will be cut.
Max said at the last meeting a resident on Ridge Road presented a complaint to
council and it has been worked out, hopefully to his satisfaction.
(Streets) Jim Hawkins made a motion bids be requested on two surplused dump trucks
to be opened at the next council meeting. Jim Tolleson seconded the motion which
carried by a 7-0 vote.
Jim Hawkins read a letter from the Department of Transportation addressed to Mayor
Johnson stating they had completed a traffic signal plan for upgrading existing
signals at the intersection of SR 3 at Concord Road/Spring Road in Smyrna. Due
to the small amount of work to be accomplished they will be unable to contract,
and would like the City to install the equipment under a negotiated contract, and
implementing the work either with our forces or sub -contractors. They requested
we review the plans and cost estimates and give our concurrence. Jim said the
cost estimates were $14,076.70, and made a motion that Jim David be authorized
to negotiate a contract with a signal installation company, not to exceed the
amount of the State reimbursement. Sarah Jones seconded-the*motion:which'tarrfed by a
6-1 vote, with Max Bacon opposed.
Jim Hawkins said we have had a problem in the past with paper and debris along
the right of ways. He has met with Jim David and Vic Broyles and they recommended
a separate crew be formed of part-time employees, with their main function to
keep the right of ways cleaned up.
Max Bacon said he would like the Sanitation Committee to designate a particular
month as clean-up month in the City.
Jim Hawkins read a letter from Vic Broyles requesting permission to do some work
for First Baptist Church on their new parking lot on King Street, with the cost
being in excess of $300. This request was being made as a result of the Grand
Jury investigation and recommendations made several months ago concerning our
Public Works Department and employees working part-time jobs. The work will be
done by Mr. Broyles with his own personal equipment, after regular hours. Jim
said when the church had the parking lot built they donated the excess dirt to
the City and dumped it at King Springs Park, at no cost to us. Now they will need
additional dirt to cover the piping they had not originally intended to put in
and Jim said he felt the City should give them the dirt needed for this. This
dirt will be hauled back by Mr. Broyles equipment, and city equipment will never
be used. Jim Hawkins made a motion Mr. Broyles be allowed to do this work, under
the terms set forth. Max Bacon seconded the motion. Jack Shinall asked if this
would be required of all employees and said it would place a lot of our police
officers in a bind, since most of them work part-time jobs. Jim Hawkins said he
felt the only approval needed in their case would be from their Chief. Jim
said he did not feel that any employee should have to get approval for jobs
contracted outside the City, and this was brought up tonight simply so that there
would be no misunderstandings and no questions asked. Vote on the motion carried 7-0.
(Water & Sanitation) Jack Shinall read a letter from Eddie Bessette requesting
approval for the purchase of 100 underground cans @ $6,995; 100 lids @ $715;
100 steps @ $480 for a total of $7,790. Also, they requested approval to order
two 4-yard dumpsters at $450 each. Jack said these expenditures are recoverable,
and made a motion it be approved. Jim Hawkins seconded the motion which carried
by a 7-0 vote.
Jack Shinall read a proposed policy which would allow a discount on water meters
and sewer tap fees for residential developments of 50 or more units. Jack asked
everyone to study the proposal and said it would be brought up at the next meeting
for a vote. Jack said adoption of this policy would bring money into the coffers
that the City Is beginning to need more and more. When new construction begins,
water capacity has to be increased to that particular area, which may take 2 or
3 years to reach completion. With the meters and tap fees paid in advance it would
make funds available to increase the capacity, without any loss to the City.
Jack Shinall said as Chairman of the Water and Sewer Committee, he would be willing t
to discuss any problem with any member of council or any citizen. Jack said he
would appreciate the courtesy, if a motion was to be made concerning water and
sewerage, that it be discussed with the committee prior to the motion being made.
Continued - February 1, 1982
Jim Tolleson distributed financial reports to council and asked everyone to study
it. If they see any excessive expenditures, they should go to the department
head and have it stopped. Jim said Ms. Spivey and the computer department had
done an outstanding job putting it together, and the figures are accurate.
Elbert Coalson made a motion the annual contribution to the Cobb County Chamber
of Commerce of $600 be approved for payment. Jack Shinall seconded the motion
which carried 7-0.
Upon the recommendation of Mayor Bacon, Jim Tolleson made a motion that Melinda
Hiatt be appointed Assistant City Clerk. Sarah Jones seconded the motion which
carried by a 7-0 vote.
With no further business, meeting adjourned at 8:45 p.m.
February 15, 1982
The regular scheduled meeting of Mayor and Council was held February 15, 1982 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur'T. Bacon. All council members were present. Also present
was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E.
Little, Acting Fire Chief Hubert Cochran', Parks and Recreation Director Sherry
Reavis, Public Works Director Jim David, Civil Defense Director Jim Farley, Building
Inspector Dan Steely, and representatives of the press. -
Mayor Bacon read the proclamation honoring Terri Myers Day, February 4th., and said
the original proclamation would be presented to the Myers family. Also, he requested
that in future years her memory be honored on this day with a moment of silent
prayer.
Invocation was given by Reverend Harris Fennell followed by the pledge to the flag.
Citizen Reports: Melissa Hayes of Mohawk Place presented a petition to council
protesting the proposed development of 45 acres adjacent to Creatwood Forest sub-
division. Attorney Camp said he had done some research and there was some question
as to the method used in closing the dead-end streets in Creatwood. However, without
a proposal from the property owner as to the use, it would be almost impossible
to provide an answer as to the legality of opening or closing these roads. Mr.
Camp said at this time, the City should not take any overt action on the opening
or closing of these streets.
Rezoning: Ted Jones, et al requested rezoning of property in Land Lot 631, Corn
Road at Emory Road, Parcel 1 from Residential to General Commercial and Parcel II
' from General Commercial to Light Industrial. Mr. Bob Crim was the spokesman for
the rezoning and said an office retail distribution building would be built on
Parcel I, fronting on Spring Road, with some retail sales. Parcel If of the property
would be used for self -storage units. Mr. Larry Stephens and Carl Hambrick expressed
opposition to the rezoning. Following discussion, Jim Tolleson made a motion the
rezoning be approved, which was also the recommendation of the Planning and Zoning
Board. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Package License: Mr. Steve W. Odom requested a malt beverage and wine package
license for Big Star #5789 located at 2784 Hargrove Road. Sarah Jones made a
motion the request be tabled until additional needed information on the application
could be obtained. Jack Shinall seconded the motion which carried by a 7-0 vote.
Package License Transfer: Mr. Steve W. Odom requested a transfer of malt beverage
and wine package licenses for Big Star #734 located at 3787 South Cobb Drive. Sarah
Jones made a motion the transfer be approved. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Pouring License Transfer: Mr. James E. Burnham requested a transfer of the malt
beverage, wine and liquor pouring license for Barfield's, 2361 South Cobb Drive.
Following a question from Sarah Jones, Mr. Burnham stated he was not a resident
of the City of Smyrna. Mrs. Jones said our ordinance states that a license holder
for malt beverage and wine pouring must be a resident of the City of Smyrna. Elbert