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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. .V.4J�✓_J.J..1.J.J.J. J. J_.t. J_.V J. J..1..4 J. J..4 .4 J. 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.