03-09-1991 Regular MeetingMarch 9. 1981
The regular scheduled meeting of Mayor and.Council was held pursuant to the Charter
on March 9, 1981 at Smyrna City Hall. The meeting was called to order at 7:30
o'clock p.m. by presiding officer Mayor Frank Johnson. All council members were
present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey,
Police Chief Everett Little, Fire Chief Don Atkinson, Public Works Director Jim
David, Parks and Recreation Director Bill Johnston, Building Inspector Dan Steely,
Civil Defense Director Jim Farley and representatives of the press.
Invocation was given by Councilman Jim Tolleson, followed by the pledge to the flag.
Citizen Reports: (1) Karen Walters requested a road race permit for April llth
to benefit the Cystic Fibrosis foundation. One race would begin at McDonald's on
Spring Road to Atlanta Road; another race would be held going from Eastfield Road
to Bank Street to Stonecreek Road and back down Timberland, for bicycle riders.
Jim Hawkins made a motion the permit be approved. Jack Shinall seconded the motion
which carried by a 7-0 vote.
(2) Martin Quirk, an attorney representing Smyrna Pawnbrokers on Cherokee Road
questioned the new ordinance recently approved concerning precious metal dealers;
sections 14A-59 and 14A-60 in particular. He understood that they would be re-
quired to conform with this ordinance for any buying or selling of precious metals
they do in their shop, whereas for the pawning, they would be required to comply
with the pawnbrokers ordinance. Jim Hawkins said that under section 14A-41 (C),
there were several exclusions listed, and at first it was the intention to exempt
pawnbrokers. After consultation with the Police Chief he recommended pawnbrokers
` be included in this section. Mr. Quirk had several other questions concerning the
' ordinance and Mayor Johnson asked that he submit his questions in writing and be
placed on the agenda for the meeting of March.16th for further.discussion.
Variance: Lamar Dickson requested a rear yard variance at 695 Cherokee Road to
build within 21 feet of the property line. A letter was presented from Mr. William
Merritt and Mr. Paul Howard, the adjoining property owners, stating they had no
objections to the construction. Elbert Coalson made a motion the.variance be granted.
John Steely seconded the motion which carried by a 7-0 vote.
Variance: Mr. Larry Cohran requested a side and rear yard variance for 2569 Spring
Drive in order to construct a garage. Jim Tolleson made a motion this request be
tabled. Jack Shinall seconded the motion which carried by a 7-0 vote.'
Commercial Building Permits: Plumtree.Apartments requested a building permit for
the reconstruction of ten units destroyed by fire, at.a.total.estimated cost of
$200,000. The contractor is Diamond and Kay Properties. Plans have been reviewed
by the Inspections Department and Fire Marshal, and Inspector Dan Steely recommended
they be approved. Jim Tolleson made a motion the permit be approved. Elbert
Coalson seconded the motion which carried by a 7-0 vote.
Mr. Peter D. Dean, Technical Director of S.D. Acoustics, Inc., presented a proposal
to Council to solar heat King Springs Pool. There is a 100% Demonstrative Federal
Grant program available and they would like to apply for a $50,000 grant, with the
City being the co -applicant. The project would include design and.actual construc-
tion of a demonstration project at the pool. The estimates say that 100% of the
pool heating could be accomplished through solar means for months of March through
October. Later on, they are looking at the possibility of being open year-round
with 50% solar heating and supplemented by 50% boiler, or gas heat. The initial
cost savings to the City would be about $6,000. The way the account is set up,
Mr. Dean would handle all the accounting, ordering, actual bid taking, and would
be responsible for Federal audits. Mayor Johnson said Mr. Dean was just an
interested citizen who wanted to do this as a private project, and as a service
to our city. John Steely said the building at King Springs was set up for solar
panels on the roof and at one time, was to be a part of the initial.construction.
John made a motion the Mayor be authorized to enter the City as co -applicant on
this grant application, after proper study and consideration by the City Attorney.
Max Bacon seconded the motion which carried by a 7-0 vote.
Annexation:. An application for annexation of property.located in Land Lot 529
at King Springs Road and South Cobb Drive was read as follows:
"We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (60%) of the owners
of the land.area by acreage of the area described below, which is unincorporated
and contiguous.to the City of Smyrna, hereby apply to hay.e.said area annexed into
the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections
Continued - March 9, 1981
69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413;
1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described
as follows, to wit:
PARCEL 1
All that tract or parcel of land lying and being in Land Lot 529 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly described
as follows:
BEGINNING at an iron pin found at the common corner of Land Lots 529, 480,
481 and 528; thence south 89 degrees 27 minutes 55 seconds east along the
land lot line common to Land Lots 528 and 529 a distance of 708.88 feet to
an iron pin set; thence south 38 degrees 57 minutes 41 seconds east a distance
of 14.28 feet to an iron pin set on the northwesterly intersection of South
Cobb Drive and King Springs Road; thence south 34 degrees 51 minutes 37
seconds west a distance of 519.15 feet to an iron pin; thence southwesterly
along the arc of a 692.09 foot radius curve an arc distance of 605.43 feet
to an iron pin set (said arc being subtended by a chord which lies to the
east of said arc and which has a bearing of south 9 degrees 47 minutes 58
seconds west a distance of 586.31 feet); thence south 89 degrees 08 minutes
28 seconds west a distance of 301.21 feet to an iron pin found on the land
lot line common to Land Lots 529 and 480; thence north 1 degree 07 minutes
26 seconds west along the land lot line common to Land Lots 480 and 529
a distance of 1026.18 feet to the point of BEGINNING.
The above described property contains 9.918 acres according to Plat of Survey
prepared for Mary Owen Nations Estate, as prepared by J. S. Ross & Associates,
Registered Land Surveyors, dated March 9, 1979.
PARCEL 2
All that tract or parcel of land lying and being in Land Lot 529 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly described
as follows:
BEGINNING at an iron pin found at the common corner of Land Lots 529, 552,
551 and 530; run thence north 89 degrees 33 minutes 41 seconds west along the
land lot line common to Land Lots 529 and 530 a distance of 885.55 feet to
an iron pin set on the easterly right-of-way of King Springs Road; thence
northwesterly, northerly and northeasterly along the northeasterly, easterly
and southeasterly right-of-way of King Springs Road the following courses
and distances: north 22 degrees 31 minutes 42 seconds west a distance of
222.49 feet to an iron pin; northeasterly along the arc of a 642.09 foot
radius curve an arc distance of 643.13 feet to an iron pin (said arc being
subtended by a chord which lies to the east of said arc and which has a
bearing of north 6 degrees 09 minutes 58 seconds east a distance of 616.58
feet); north 34 degrees 51 minutes 37 seconds east a distance of 481.74
feet to an iron pin set; thence south 38 degrees 57 minutes 41 seconds east
a distance of 68.39 feet to an iron pin set; north 51 degrees 02 minutes
19 seconds east a distance of 22.0 feet to an iron pin set on the south-
westerly right-of-way of South Cobb Drive (having a 200-foot right-of-way);
thence along the southwesterly right-of-way of South Cobb Drive, south 38
degrees 57 minutes 41 seconds east a distance of 899.69 feet to an iron
pin set on the land lot line common to Land Lots 529 and 552; thence south
0 degrees 23 minutes 59 seconds east along said land lot line a distance of
481.69 feet to an iron pin and the point of BEGINNING.
The above described property contains 20.182 acres according to Plat of Survey
prepared for Mary Owen Nations Estate, as prepared by J. S. Ross & Associates,
Registered Land Surveyors, dated March 9, 1979.
PARCEL 3
All that tract or parcel of land lying and being in Land Lot 529 of the 17th
District, 2nd Section, Cobb County, Georgia, and being shown as King Springs Road
on that certain Plat of Survey prepared for Mary Owen Nations Estate, prepared
by J. S. Ross & Associates, Registered Land Surveyors, dated March 9, 1979, and
being more particularly described as follows:
BEGINNING at an iron pin at the intersection of the westerly right-of-way
of King Springs Road and the land lot line common to Land Lots 529 and
Continued - March 9, 1981
530; thence northwesterly, northerly and northeasterly along said right-of-
way of King Springs Road the following distances and courses: north 22
degrees"31 minutes 42 seconds west a distance of 215.70 feet to an iron pin
found; thence north 18 degrees 10 minutes 56 seconds west a distance of
73.35 feet to an iron pin set; thence northeasterly along the arc of a 692.09
foot radius curve an arc distance of 605.43 feet to an iron p,in set (said
arc being subtended by a chord which lies to the east of said arc and which
has a bearing of north 9 degrees 57 minutes 58 seconds east a distance of
586.31 feet); thence north 34 degrees 51 minutes 37 seconds east a distance
of 519.15 feet to an iron pin set at the southwesterly intersection of
South Cobb Drive (having a 200-foot right-of-way); thence south 18 degrees
20 minutes 01 seconds east a distance of 62.45 feet to an iron pin set on
the southeasterly right-of-way of King Springs Road; thence southwesterly,
southerly and southeasterly along the.southeasterly, easterly and north-
easterly right-of-way the following courses and distances: south 34 degrees
51 minutes 37 seconds west a distance of 481.74 feet to an iron pin; thence
southwesterly along the arc of a 642.09 foot. radius curve an arc distance
of 643.13 feet to an iron pin set (said arc being subtended by a chord
which lies to the east of said arc and which has a bearing of south 6
degrees 09 minutes 58 seconds west a distance of 616.58 feet); south 22
degrees 31 minutes 42 seconds east a distance of 222.49 feet to an iron
pin set located on the land lot line common to Land Lots 529 and 530;
thence north 89 degrees 33 minutes 41 seconds west a distance of 54.30
feet.to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or
his legal representative, of 60% of the land area above described by acreage:
s/George E. Nations s/James 0. Nations"
John Steely made a motion the signatures be validated and the date for public
hearing be set for April 6, 1981. Jerry Mills seconded the motion which carried
by a 7-0 vote.
Resolution: Mayor Johnson read a resolution from the Local Government Energy
Management Program which is a State-wide function of the Georgia Municipal Associa-
tion, supporting American Energy Week, March 15-21., 1981. Jack Shinall made a
motion the resolution be approved. 'Jim Tolleson seconded the motion which
carried by a 7-0 vote.
Jim Hawkins made a motion the minutes of February 2, 1981 be approved as submitted.
Jim Tolleson seconded the motion which carried by a 7-0 vote.
Elbert Coalson made a motionthe minutes of February 16, .1981 be approved as sub-
mitted. Jack Shinall seconded the motion which carried by a 7-0 vote.
Max Bacon said that Navaho Trail dead ends near a new subdivision being built
behind Creatwood Subdivision, and that portion of the street will never be opened
up as was originally planned.. Max made a motion that the 50 or 60 foot right-of-
way at the dead end of Navaho Trail be quit claimed to Mr. William Ferrell
Bentley, owner of Parcel 9, Land Lot 627 and Ernest E. Williams, owner of Parcel
10 .in Land Lot 670. The, City. Attorney will draw the deed and the cost will be
shared by Mr. Bentley and Mr. Williams. Elbert Coalson seconded the motion.which
carried by a 7-0 vote.
Mayor Johnson recognized John Collar, Mayor Protem from Austell who has served
their city for 9 terms. Mr. Collar presented Mayor Johnson with a letter opener
bearing the City of Austell logo.
Committee Reports: Jim Tolleson said about 3 weeks ago he, John Steely, Bill
Johnston and the Mayor met with Homeland Properties concerning the purchase of
30 acres of 1 and. lying. behind Jonquil Park. The property. i s .1 an.dl ocked. and
Homeland Properties submitted a proposal to. the City ta.make improvements to Park
Drive which would give access to their property, where they plan to build .fee-
-- simple townhouses. Jim read the letter of agreement as follows, and made a
i
motion this agreement be approved.
"The City of Smyrna agrees to.al.low the.upgrading of the public. road located
in Jonquil: Park as a means of thoroughfare to the adjoining property con-
sisting of 30 acres presently owned by Smyrna Associates Limited, under
Continued - March 9, 1981
contract to purchase by Homeland Communities Properties, Inc. As stated
in a meeting of March 4; 1981, both parties will agree to certain provisions
as follows:
1). The City of Smyrna will provide machinery and manpower for the grading
of a parking lot approximately 120' by 215'.
2) The City of Smyrna will provide grading for a service road to connect
,the existing public road to the parking lot.
3) The City will provide the necessary culvert so as the service road
will cross the existing creek.
Under the agreement, Homeland Communities, Inc., will provide to the City
of Smyrna:
1) All cost in the widening of said public road to 28'.
2) A 5' concrete sidewalk adjoining the curb from Spring Road the length
of Jonquil Park.
3) One.service entrance gate at an agreed upon location.
4) Extend the existing retaining wall as to stabilize the hill below
Jonquil Pool. +
5) Will provide a minimum 3' stone base and minimum 12"-asphalt paving
for said road and parking lot, or as needed.
6) Will provide a 4-foot chain link closed knuckle fence to run from
Homeland Communities Property to the public parking lot in front of the
swimming pool.
7) Will provide from the new parking lot, two sidewalks to tie into the
existing walkways.
It is further agreed that the expense of placing street signal lights at
Spring Road will be shared 50/50 by the City of Smyrna and Homeland
Communities Properties, Inc., up to a cost not to exceed $4,000."
John Steely seconded the motion. On a suggestion from Attorney Camp, Jim Hawkins
made a motion to amend the original motion to state that Homeland Properties, Inc.
be required to post a performance bond, adequate insurance, and submit the plans
and specifications for the engineering on the portion of work being done on city
property. Jerry Mills seconded the amendment which carried by a 7-0 vote. Jim
Tolleson said that Homeland Properties had assured him the work would be complete
before softball season began, around the first of May. Vote on the main motion
carried by a 6-1 vote, with Jerry Mills opposing.
(Fire) Max Bacon said the Grand Jury had recommended the Smyrna and Austell Fire
Departments be consolidated with the county. Max said he had met with the Public
Safety Committee and felt the recommendation, as a whole, had some merit to it.
Max said he wanted to assure the citizens they were in no danger of losing their
fire protection and he thought our fire department now covered the City well.
His concern is whether or not the consolidation would benefit the citizens of
Smyrna as compared to benefiting the citizens of Cobb County. Max said our
equipment was adequate now, but as we continue to develop we would have to update
the fire equipment at a considerable cost.
(Streets) Jerry Mills said each councilman needed to draw up their own priority
list of streets to be resurfaced and turn it over to Jim David for consolidation.
Jerry Mills said Mrs. Leila Long at 1195 Stephens Street was having sewer problems
and had sent a letter signed by 5 other residents on the street requesting sewerage.
Mrs. Long had also received a letter from the Cobb County Health Department stating
the leakage of her septic tank to the surface of the ground was causing a potential
health problem to the community and was given 15 days to correct the problem. Mrs.
Long said she was desperate to get something done with such a short notice from
the county and had asked several contractors to install new lines, but they
refused the work because of the difficulty in getting to the back of her property.
The tank is not stopped up, the problem is in the pipes. Jim Hawkins said he
would like to see this referred back to committee and also get a recommendation
Continued - March 9, 1981
from the City Attorney as to what type precedent we may be setting by providing
sewerage. Chuck Camp said we were not legally obligated to provide sewerage
but thought there was a provision whereby the City could share the cost with
residents to tap on. Jack Shinall asked.Jim David to have a cost proposal ready
for the next council meeting and also to have the City contact the county health
department to advise them we were looking into.providing city sewera.ge to these
�J residents.
Jerry Mills said he did not understand all the costs involved in the new communi-
cation system for police and fire and asked for some explanation on how much
money was involved. Jim Tolleson said his original motion was a cost of $1200.
Jerry said he was in disagreement with Jim handling this and.thought some other
councilman should be in charge,,and recommended the Mayor make this change. Jerry
said Jim worked for Southern Bell, selling the 911 systems, and this is what our
new telephone system is leading up to. Max Bacon said he.thought Jim was the most
qualified person in the room.to handle this project. Mayor Johnson explained we
will have one emergency number listed in the telephone directory for the City
and that is as far as we have gone at this point. We' will not go beyond that
point until the full council understands everything we are doing in the way of
shifting personnel and dispatching. Jim Tolleson said the 911 system is a tran-
sition that has to be made in the central office and takes almost a year to
implement. Smyrna has not made this transition, nor has it been requested, but
said maybe someone else should handle the project. Jim Hawkins thanked Jim
Tolleson for the work and personal time he had put into it, including getting
donations of some of the equipment.
' Jim Hawkins asked to meet with the License Committee, Police Chief and City
Attorney immediately following the meeting.
(Water) Jack Shinall said there was a 50 foot road easement at the end of Hickory
Acres Drive in Land Lots 304 and 305, from Evergreen Trail to the city limits
line, -and made a motion this property be'quit claimed to'Howard and Betty Henson,
2690 Evergreen Trail. Mr. and -Mrs. Henson will bear all costs of the deed. John
Steely seconded the motion. This is a closed street and lies within the flood
plain. Vote on the motion carried by a 6-1 vote, with Jim Tolleson voting against.
Jack said at the -last meeting we passed an increase in water meter and sewer tap
charges. Jack said he had met with most developers in the area, and in Hawthorne
Village and Cumberland Corners there were approximately 70 pre -sold units. Jack
made a motion that for pre -sold homes prior to adoption of.the new sewer tap fees,
which can be verified by their sales contract, the sewer tap fee be waived for
a period of 6 months. If they do.not build on the.lots within.the 6-month period,
they will have to pay the tap fee. Elbert'Coaison seconded the motion which
carried by a 7-0 vote.
Jack said he had a letter from Jim David regarding Green Forest Subdivision, Unit
9. When Merlin Burt began construction in Unit 9 he removed a pump station and
laid a complete new outfall line, through an agreement with the City, resulting
in a savings to the City of $10,000. Mr. Burt paid $55,000 to accommodate his
lots and the City of Smyrna. Jim David recommended that sewer tap fees for 22
lots in Unit 9 be waived for a period of 12 months, and the water meters sold
to Mr. Burt at a cost of $100 each and Jack Shinall made a motion this be approved.
John Steely seconded the motion which carried by a 7-0 vote.
Jack said some businesses and Welcome All Baptist Church have complained of low
water pressure. Jim David said there was a 2" main on Bourne Drive which was
about 30 years old and there was no pressure at all. The cost to lay a 6" line,
coming from Old Concord Road would be $2450.85, including 400 feet of pipe, fire
hydrant and all other necessary equipment. Jack made a motion this expense be
approved, to be charged from the E&C Fund. Elbert Coalson seconded the motion
which carried by a 7-0 vote.
Jack Shinall made a motion the Mayor be authorized to sign an agreement with
Plumtree Apartments in consideration of their dedication of a sewer easement
for the outfall line in that area, and in the agreement the City will maintain
all the City sewer lines involved. Jerry Mills seconded the motion. Chuck Camp
said we had been negotiating with P1'umtree for an easement, taking over their
main outfall line, in order to acquire the right to tap into it for other develop-
ment going on in the City. Their attorney is of the opinion that for the City
to agree to maintain a line it would take official action of the Mayor and Council.
The line was never formally dedicated in the development of Plumtree and has never
been officially dedicated in the City and therefore has never been accepted. For
that reason we have never agreed to maintain it although if they had trouble with
Continued - March 9, 1981
the main line we would probably repair it. This agreement is to ensure owners
of Plumtree Apartments that we will make the repairs if anything goes wrong with
the line, in exchange for the easement rights. Vote on the motion carried.7-0.
(Finance) Elbert Coalson said•the Georgia Power franchise tax check this year
was for $297,700. This money was used to pay off.a note for. $200,000 and the
balance of the loan on the computer. '
Elbert Coalson complimented Chief Little and his people for the good job they did
at the auction. All the items were sold and they were just 40� shy of raising
$4,000.
Elbert said $28,000 had been appropriated in the budget for the purchase of four
new police cars, and they had been waiting for the award of the State contract
before purchasing these vehicles. The contract was awarded to Chevrolet .and
the cost of the vehicles now will be $30,832. Elbert made a motion four vehicles
be purchased on the State contract at a cost of $30,832. Jerry Mills seconded
the motion. John Steely asked if we requested bids on the cars if we could
possibly •beat the State contract price. Chief Little said it had been his exper-
ience in the past that no one could beat the prices'on a State contract. Ford
bid on the contract but did not meet the specifications. The cars we are buying
will be 4-door Impalas, regular police package. John said he didn't like the
idea of buying four automobiles at one set price without taking bids from other
dealers. Chief Little said the delivery date'on these cars would be 60 to 90
days. Vote on the motion carried 6-1, with John Steely opposed.
(Parks) John Steely read a request from Pete Wood for a parade permit for.the
Smyrna Little League Baseball Association for April 18th. John made a motion
the permit be approved. Jack Shinall seconded the motion which carried by a 7-0
vote.
John said the Parks and Recreation Commission was charged with the responsibility
of assisting the Parks Director in accomplishing goals for that department. One
of their goals listed was to name the baseball field at Ward.Park "Clarence 0.
Canada Field" in honor of the late Mr. Canada. John read the remainder of the
goals of the commission and expressed his appreciation to them. He congratulated
Bob Arnold on the fine job he has done as Chairman of the Parks and Recreation
Commission.
Announcements: Save Old Smyrna meeting March loth at 7:30, and the next council
meeting will be March 16th.
With no further business, meeting adjourned at 9:07 p.m.
March 16, 1981
The regular scheduled meeting of Mayor and Council was held March 16, 1981, at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Frank Johnson. All council members were present. Also present was
City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief Everett Little,
Public Works Director Jim David, Parks and Recreation Director Bill Johnston,
Building Inspector Dan Steely, Civil Defense Director Jim Farley, and representatives
of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the
flag.
Citizens Reports: Martin Quirk of the Smyrna Jaycees said the Jaycees would be
sponsoring a barbecue at Belmont Hills on March 21st and requested permission to
ask for donations on the street. The proceeds will go to Smyrna Policeman John
Everett who has aiback injury. Mr. Quirk was advised to let the Police Department
know of their plans. el,�
Zoning: Mr. James Benton requested rezoning of property located at 2824 King
Street from R-15 to Limited Commercial, for office and storage. There were several
in the audience in opposition to the rezoning. Mr. Benton said he wanted to have an