03-15-1982 Regular MeetingContinued - March 8, 1982
Mayor Bacon said he was sorry Jack Shinall could not be present tonight, but he
was at home on medication and would be going back to the hospital tomorrow for
further tests.
Mayor Bacon said this was clean up month and the City will do its best to pick
up all trash that is put out.
Mr. Randall Courtney had some questions concerning the tattoo ordinance approved
tonight and was told to contact Mayor Bacon the next day.
With no further business, meeting adjourned at 9:45 p.m.
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March 15, 1982
The regular scheduled meeting of Mayor and Council was held March 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, Public Works Director Jim David,
Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley,
Building Inspector Dan Steely and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
James Williams made a motion that the discussion to establish the criteria for
filling the position of Fire Chief be tabled again. Jim Hawkins seconded the motion
which carried by a 7-0 vote.
Bid Openings: (1) Bids for a garbage truck were opened, read and recorded as
follows:
Tri-State Tractor $47,675.00
880 Glenwood Ave.
Atlanta, Ga.
Garbage Systems & Equip. $54,987.12
P. 0. Box 655
Austell, Ga.
Jack Shinall made a motion the bids be turned over to committee, with their
recommendation back to full Council at the next meeting. Jim Hawkins seconded
the motion which carried 7-0.
(2) Bids for a pickup truck were opened, read and recorded as follows:
Capital Ford Truck Sales, Inc. $7,323.71 (1983 Ranger)
290 University Avenue $7,268.60 (1982 Courier)
Atlanta, Ga.
(cannot meet 30 day delivery'date)
Wade Ford
3860 South Cobb Drive
Smyrna, Ga.
Fouts..Brothers Datsun
2158 Atlanta St.
Smyrna, Ga.
Day's Chevrolet
4461 S. Main St.
Acworth, Ga.
Strother Ford
810 Cobb Pkwy.
Marietta, Ga.
$6,948.61 (1983 Ranger)
$7,013.00 (1982)
$7,413.13 (1982)
$7,099.00 (1982)
Continued - March 15, 1982
John Smith Chevrolet $7,155.96
2155 Cobb Pkwy. 375.00 Rebate if ordered
Smyrna, Ga. ,7 0.9 before 3/31/82
Jack Shinall made a motion the bids be turned over to committee with their recommen-
dation back to full Council at the next meeting. Jim Hawkins seconded the motion
which carried by a 7-0 vote.
Jim Hawkins made a motion the bid for street striping be awarded to Peak Paving
and Marking in Columbus, Georgia, the low bidder at $10,713.31. Max Bacon seconded
the motion which carried by a 7-0 vote.
Max Bacon made a motion the bid for replacement of the filtering system at Jonquil
Pool be awarded to Irwin & Mahaffey Construction Company in Watkinsville, Georgia,
subject to a letter of bondedness from their company. They were the low bidder
at $11,600 for bid items #1 and #2. James Williams seconded the motion. Max
Bacon amended the motion to state the bid price was $12,000, with the additional
$400 to be used for decking repairs. James Williams seconded the amendment. Vote
on the amendment and main motion carried 7-0.
James Williams made a motion that bids be requested for police and fire department
uniforms, to be opened the first meeting in April. Max Bacon seconded the motion
which carried by a 7-0 vote.
Max Bacon made a motion a 1974 Ford station wagon from the Parks Department be
declared surplus. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Ordinance Amendment: Sarah Jones made a motion that Section 3-26 of the Alcoholic
Beverage Ordinance be amended by adding sub -paragraph (15) as follows:
That any corporate applicant is not registered or domesticated with the
Corporations Commissioner of the office of the Secretary of State of the
State of Georgia.
Elbert Coalson seconded the motion which carried by a 7-0 vote.
Jack Shinall said that a previous meeting, $1500 had been approved for the cost
of a water and sewer study conducted by Wallace Pate and the total cost in a bill
submitted by Mr. Pate was for $4,380. Jack made a motion the additional $2,880
be approved for payment, seconded by Elbert Coalson. Vote on the motion carried
6-1, with Max Bacon opposed.
Jack Shinall said that Sanford Place was a very narrow street, with only one home
fronting on it, and they were considering making the street one-way permanently.
Jack said he would talk with the residents there prior to the next meeting, and
made a motion that,the,request to_make Sanford--Pl:ace=a one -way -street during'
baseball season be tabled to the next meeting until this decision could be made.
Max Bacon seconded the motion which carried 7-0.
Jim Tolleson said that Homeland Properties is trying to buy 17 acres fronting on
Spring Road and backing into Teasley Drive. Max Johnson with Homeland Properties
has contacted the homeowners involved asking their approval of closing Teasley
Drive, once Pasadena Boulevard is completed and the new road extended into
Pasadena. Jim made a motion the following resolution be approved:
That a proper notice and advertisement be given to close and abandon
Teasley Drive to the point designated on a plat on file with the City
Clerk, to Pasadena Boulevard, said closing to become effective upon
completion of Hester Park Drive and Pasadena Boulevard, and a public
hearing to be held before Mayor and Council at a public meeting on
April 19, 1982.
Jack Shinall seconded the motion which carried by a 7-0 vote.
Ridgeview Institute: Mr. Robert Fink, representing Ridgeview Institute, stated
that Ridgeview was a private, non-profit hospital funded by tax exempt bonds
issued approximately 6 years ago. These bonds will retire in 17 years, at which
time the ownership of the hospital will revert to the City of Smyrna. Mr. Fink
proposed the following transactions to facilitate their financing and transfer
ownership to the City at the time the transaction is consummated, rather than
waiting 17 years. Their proposal was that the City of Smyrna create a Smyrna
Continued - March 15, 1982
Hospital Authority, and the City to lease the facility to the Authority. The
Authority would, in turn, lease it back to the present operations of Ridgeview
Institute for 30 years. In return for the entire transaction, Ridgeview would
pay the Authority sufficient rent to cover the bonds, trustee expenses and a
payment to the City of Smyrna. The total compensation to the City would be a
payment of $500,000 at the time title is transferred; a payment during the next .
10 years of $35,000; years-11 through 17, $45,000; years 1$ through 30, $50,000
plus 2% of gross revenues in excess of $10 million. Based upon their projections,
the rent would be $100,000 per year. By taking title now, the City would receive
a total of $500,000 now and approximately $2 million over the next 30 years. Mr.
Fink said this would strictly be a financial restructuring and would not affect
the operations of the hospital.
Jim Tolleson made a motion the Mayor be authorized to consummate the Resolution
with Ridgeview, seconded by Jim Hawkins. James Williams said he may have some
reservations, since he is an employee of Physicians & Surgeons Hospital, owned
by Health Group, Inc., and felt this may be a conflict of interest for him. Vote
on the motion carried 6-0, with James Williams abstaining. Jim Hawkins also
stated the City Attorney would represent the City in this transaction, to protect
our interest. Also, all costs involved would be paid by the hospital.
Max Bacon stated the Street Department had recommended the present yield sign
on Spring Street at,Roswell,,at the railroad crossing, be replaced with a stop
sign. Max made a motion the stop sign be installed for a 60-day trial period tc
determine if it will help the flow of traffic. Jim Tolleson seconded the motion
which carried by a 7-0 vote.
Residential Business License: Mr. Lee Penny requested approval of a residential
business license for his home at 2176 Old Spring Road for a lawn maintenance
service. Mr. Penny said as 16ng as he has lived there he has kept his business
equipment in the back yard and due to some concern of the neighbors, it was
brought to his attention that he should obtain a license. Mr. Coalson said he
had -received some calls from people in the area, and also commended Mr. Penny
for the good job he has done in upgrading the property. However, he has been
operating a business from his home and the necessary petition from the surrounding
neighbors did not have all the signatures, with some stating they did object to
the business. Mr. Penny said he kept two trucks parked in the back yard with
all his equipment on the trucks, and in the future plans to install a 10-foot
wooden fence around the back yard. After further discussion, Elbert Coalson
made a motion the license be denied, seconded by Jack Shinall. Mayor Bacon
suggested this request be tabled to give Mr. Penny an opportunity to talk to his
neighbors and obtain the other signatures required on the petition. Jim Hawkins
made a motion this request be tabled, seconded by James Williams. Vote on the
motion to -table carried 6-1, with Elbert Coalson opposed.
Validation of Signatures: Drs. Dellinger and Israel requested annexation of
property in Land Lots 228 and 277 on Pat Me]] Road. The application was read
as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of
the land area by acreage of the area described below, which is unincor-
porated and contiguous to the City of Smyrna, hereby apply to have said
area annexed into 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, 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 228 and 277
of the 17th District, 2nd Section, Cobb County, Georgia, and being more
particularly described as follows:
BEGINNING at an iron pin on the north side of Pat Mell Road 200 feet west
as measured along the north side of Pat Mell Road from the northwest
corner of the intersection of Pat Mell Road and Mills Lane; said point of
beginning being at the southwest corner of Lot 17 of Block D of Spring
Valley Subdivision, Unit Two, a subdivision plat of which is recorded in
Plat Book 16, Page 198, Cobb County records; thence west along the north
side of Pat Mell Road 367 feet to a point in the center line of a creek;
thence northeasterly, northerly and northwesterly as measured along the
center line of said creek and following its curvature 665 feet to a point;
Continued - March 15, 1982
thence easterly, slightly south of east 35 feet to an iron pin; running
thence and continuing easterly in the same direction 51 feet to an iron
pin on the west line of said Land Lot 277; running thence and continuing
in the same easterly direction 186.3,feet to an iron pin; running thence
and continuing in an easterly direction, slightly more southerly than the
last mentioned call, 74.4 feet to an iron pin at the northwest corner of
Lot 11 of said block, unit and subdivision; running thence southwesterly,
southerly, and southeasterly along the rear of Lots 11, 12, 13 and 14 of
said block, unit and subdivision, 447.2 feet to an iron pin at the
northern most corner of said Lot 17 of said block, unit and subdivision;
thence southwesterly along the northwest line of Lot 17, 40 feet to an
ir6n pin; thence southerly along the western side of said Lot 17, 165
feet to an iron pin on the northern side of Pat Mell Road and 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/RAY E. DELLINGER PHILIP Z. ISRAEL
Jack Shinall made a motion the signatures be validated and the date -of -publ-ic'
hearing set for April 5, 1982. Elbert Coalson seconded the motion which carried
by a 7-0 vote.
There were no commercial building permits to present before Council.
Committee Reports: Jim Tolleson said the Georgia Power franchise check in the
amount of $32 ,000 was received last week.
Jim Tolleson asked Attorney Camp if there was any way the City could require
tenants in rental houses to maintain the property. Mr.'Camp said no, because
you would run into the problem of who is to judge if the property looks nice or
not.
Sherry Reavis said the tennis court reservation system went into effect today,
and invited everyone to the Super Family Field'Day on April 4th at King Springs
Park.
Max Bacon said this is clean-up month and the Sanitation Department employees
have worked the last few Saturdays, but cannot seem to get caught up. Max said
he thought Council should give serious consideration to reopening the City land-
fill which was closed several years ago. Our employees are spending more time
driving back and forth to the county dump than they are picking up trash, and
we are also paying the county dumping fees.
Jack Shinall said the initial minimum cost to reopen the dump would be $25,000
for two employees; one to operate the tractor and another to operate the gate.
A front-end loader would have to be left there, and the City only has one at
this time. Jack said he agreed that the biggest majority of time was spent
carrying trash to the county dump and it was a problem. For the next two week-
ends we will be using extra trucks and are using all available employees from the
Street Department to work on Saturdays.
Sarah Jones invited everyone to a reception at the Library on March 21st from
3:00 to 5:00, honoring Kathryn Jones who is retiring as Librarian.
Mayor Bacon saiid there has been a considerable amount of discussion over the last
few weeks concerning our sign ordinance. Mayor Bacon said he was going to meet
with several owners of sign companies along with the City Inspector to be sure
there were no misunderstandings about the ordinance, which will be properly enforced.
Also, we will begin a stricter enforcement of our leash law.
With no further business, meeting adjourned at 8:30 p.m.