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04-06-1981 Regular Meeting (2)April 6, 1981 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 6, 1981 at City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief { Everett Little, Assistant Fire Chief ':ubert Cochran, Public Works Director Jim David, Civil Defense Director Jim Farley, Building Inspector Dan Steely, Parks and Recrea- tion Director Bill Johnston, Jim Tidwell from the Bureau of Fire Prevention, and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. There were no citizens reports. Bid opening: Bids for four (4) new police cars were opened, read and are recorded as follows: Hub Ford $7,961.62 ea. Carey Paul Ford 8,468.01 ea. Beaudry Ford 8,460.87 ea. Wade Ford 7,976.59 ea. Nalley Chevrolet NO BID Allen Russell Ford 7,962.35 ea. Neal Pope Ford 7,926.73 ea. Harry White Ford 8,206.51 ea. Days Chevrolet NO BID Elbert Coalson made a motion the bids be turned over to the Police Committee for their recommendation back to full Council at a called meeting, at which time the bid would be awarded. Jim Hawkins seconded the motion which carried by a 7-0 vote. Annexation: John Steely made a motion that the Nations' property, approximately 30 acres located in Land Lot 529, the,ilegal description being read and recorded in the minutes of•Mar.ch 16, 1981, be annexed into the City of Smyrna and made a part of Ward 7. Jerry Mills seconded the motion which carried by a 7-0 vote. Validation of Signatures: R. B. Bennett, Sr., requested annexation of 13.49 acres of property located in Land Lot 264 and the legal description 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 unincorporated 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 Lot 264 of the 17th District, 2nd Section of Cobb County, Georgia, and being more parti- cularly described as follows: BEGINNING at an iron pin located at the southeast corner of said Land Lot 264; thence running north 88.degrees 58 minutes 20 seconds west along the south line of said Land Lot 264, six hundred twenty-eight and three hundredths (628.03) feet to an iron pin; thence north 0 degrees 07 minutes 25 seconds east, one hundred eight and ninety-seven hundredths (108.97) feet to,an iron pin;:_then-ce north,0 degrees 10 minutes 19-seconds east, two hundred seventy-seven and seventy-eight hundredths (277.78) feet to an iron pin; thence north 0 degrees 23 minutes 53 seconds east, one hundred sixty-two and sixty-seven hundredths (162.67) feet to an iron pin, thence north 0 degrees 18 minutes 44 seconds east, -two hundred twenty five and six hundredths (225.06) feet.to an iron pin; thence north fifty (50) feet to an iron:pin; thence north O degrees 13 minutes-12 seconds east, one hundred sixty-six and sixteen hundredths (166.16) feet to an iron pin; thence south 78 degrees 14 minutes 44 seconds east, six hundred forty-six and seventy eight hundredths (646.78) feet to an iron pi.n located on the east line of the above mentioned Land Lot 264; thence running south 0 degrees 35 minutes 03 seconds west along the east line of said Land Lot 264, five hundred fifty-one and sixty- one -hundredths (551:.61) feet to an iron pin; thence continuing south 0 degrees 40 minutes 12 seconds west along the' east line of said Land Lot: 264, three hundred eighteen and fifty-eight hundredths (318.58) feet to the iron pin located at 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. Continued - April 6, 1981 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/R. B. BENNETT, SR." John Steely made a motion the signatures be validated and the public hearing set for May 4, 1981. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mayor Johnson recognized R. B. Bennett, Sr., Rem Bennett and Roy Free, principals \ f of Bennett Realty Company and congratulated them on their significant contribution in the development of our city. Rezoning: George E. and James O..Nations requested rezoning of approximately 30 acres located in Land Lot 529, from R-20 to RHR and FC. There was no opposition to the rezoning, and the Planning and Zoning Board had unanimously recommended it be approved. Jerry Mills made a motion the rezoning be approved. John Steely seconded the motion which carried by a 6-0 vote. Max Bacon abstained. Variance Requests: (1) Reed Konigsmark requested a front yard setback line variance of 29 feet instead of the 35 feet required by ordinance on Lot 8, Cumberland Corners, 1601 Walker Street. There was no opposition to the variance request. Mr. Konigsmark explained that the duplex he is building is approximately 50% complete and when he started construction he could not locate the pins, so he used the curb as a reference point for the setback and later found that the street is not in the center of the right-of-way. Also, the framer made an error in squaring the batter board strings. His was the first structure on that side of the street so he did not have any comparisons to indicate that he'was too close to the street. Jerry Mills made a motion that Mr. Konigsmark be fined $100 for violation of Section 801 of the Building Code, to insure that he will be more careful in the future. Max Bacon seconded the motion which carried by a 7-0 vote. (2) Tom Yeager of Cumberland Crossing Shopping Center requested a variance from Section 906.19 which requires 5.5 parking spaces per 1,000 square feet of gross floor area, to 5.05 spaces per 1,000 square feet of gross floor area. This would reduce the number of parking spaces from 368 to 338. Mr. Yeager explained there is a Georgia Power easement behind his property and he had moved the building as near to the easement as possible; you cannot go under the easement with any building at all. In working around these constraints, it had cut them down on their parking area. Jim Tolleson made a motion the variance be approved. Jim Hawkins seconded the motion which carried by a 7-0 vote. (3) Lincoln Properties requested three variances for their new construction, Lake Park Project, on U.S. 41, as follows: (a) Section 802 requires a maximum height of buildings of 35 feet, and they requested a variance to allow a height of 63 feet. (b) Section 901 requires 180 square feet per parking space, and they requested a variance to allow 153 square feet per parking space, with a two -foot overhang. (c) Section 906.3 requires one parking space per 250 feet of gross floor area. Lincoln Properties requested a variance to one space per 292 square feet, or 360 spaces instead of the 420 required by ordinance. Jim Tolleson read the letter from Lincoln Properties requesting these variances which he felt was self-explanatory, and made a motion the variances be granted. Elbert Coalson seconded the motion which carried by a 7-0 vote. (4) Larry Cohran, 2569 Spring Drive, requested a variance from Section 801 of the Building Code, to allow him to build a 30 x 40 garage within three feet six inches on the side lot line. At the last council meeting, Mr. Cohran had a similar request which was denied. Mr. Cohran has appealed that decision, but came tonight asking Mayor and Council to reconsider his request. Mr. Cohran had a letter from Trish Moore, the adjoining property owner at 2579 Spring Drive stating she had no objection td him building to within 3 feet of the property line. Following discussion, Jim Tolleson made a motion the hearing be continued until the next meeting for further study. John Steely seconded the motion. Mr. Cohran said he was asking Council to consider only the variance request brought before them tonight, and not for action on the first request. Vote on the motion to continue the hearing carried by a 6-1 vote, with Jack Shinall voting against. Mr. Cohran asked that Jim Tolleson be disqualified from any decision made by Council as he had a law suit against him now, and felt he should be disqualified as a matter of law. Mayor Johnson said he could not do that, and certainly would Continued - April 6, 1981 not deny him the opportunity to represent his people. As a.point of clarification, Jim.Tolleson said h"is motion to continue the hearing applied to the variance. request which was on the agenda tonight and did not pertain to Mr. Cohran's first request. However, his appeal of the first variance request and the one on the agenda tonight are so similar,,they might as well be discussed at the same meeting. Jack Shinall said some of the.terms of the Planning and Zoning Appeals Board members had expired, and he felt it was imperative that we re-establish this Board as a working body. Chief David Hilton of the Cobb County Fire Department was present to discuss the possibility of the City of, Smyrna.Fire Department merging with the Cobb County Fire Department in accordance with a recommendation.by the Grand Jury. Also present was Commissioner Harvey Paschal. Chief.Hilton said he could not speak for the Cobb County Board of Commissioners or the Cobb County Civil Service Board tonight, but he wanted to lay out the plan up.to this point involving,personnel and logistics, should the merger take place. The 52 Smyrna fire employees would be merged within the county system with pay raises for many of them, since the county has a higher pay scale. They would be merged on,a year-by-year,,basis, meaning no loss of service time. If the merger takes place, it will hopefully be done without the:,firefighters realizing any change. The only difference would be that they would report to Chief Hilton, and he in turn would report to the Board of Commissioners. Another portion of the merger would be the giving up of the fire equipment, fire stations, and any portion of the fire service we have in the City, Ata previous meeting, it was suggested that the City keep one of the buildings, and that again would be left up to the Board of Commissioners and the Mayor and Council,. Max -Bacon asked if any new equipment would be brought into this area. Chief Hilton said fire equipment would be replaced as needed on a periodic basis, just as the county does now.. They run their apparatus between 15 and 18 years before replacement, but there would have to be some logistic changes made, such as moving an aerial ladder into the City. He has received unofficial notification that the City's fire rating would be raised to 5 after the merger, as is the rest of the county. It is expected that the response time would be quicker, especially in areas such as Cobb Center. Also, highly populated areas such as Smyrna are the ones the fire departments are most concerned with. Elbert Coalson said the citizens of this.town.had a lot invested, through their tax dollars, in the Fire Department and it has always been one of the better services we had to,offer. He felt there were a lot of things to consider before going through with a merger. Chief Hilton said there was still a lot of research to be done before a decision could be made, by either the City or County. Jim Tolleson asked if services would be improved in.the City and Chief Hilton said the response time would probably improve in some areas, and also additional equipment and personnel would be available on first alarm response. It would definitely eliminate the confusion of whether or not the City or County should respond to a fire near the city limit lines which now separates jurisdiction. Mayor Johnson said a merger would benefit. -our citizens in that we could cut our tax rate by 3:6.mills, which is the percentage paid for fire district tax. Also, he felt it would upgrade the fire departments through improvement of the type vehicles; and quantity of vehicles available to,.respond. It"would also.•benefit the employees by giving them an automatic increase in pay when they transfer to the county pay scale, without loss of seniority. Mayor Johnson thanked Chief Hilton for coming and explaining the proposed merger. Commercial Building Permits:-. (1) Southern Bell requested a permit for additional remodeling at an estimated cost of $30,000. Plans have been reviewed by the Inspections Department and Fire Marshal and Inspector Dan Steely recommended the permit be approved. John Steely made a motion the permit be approved,.seconded by Jack Shinall. Vote on the motions.carried 6-0, with Jim Tolleson abstaining. (2) Food Giant, 2370 South Cobb Drive, requested a permit to change the existing refrigeration fixtures at a total estimated cost of $40,000. Plans have been reviewed by the Fire Marshal and Inspections Department and Inspector"Steely recommended they be approved. John Steely made a motion .the. permit be approved, seconded by Jim Tolleson. Vote on the motion carried 7-0. (3) -West Lumber Company requested a.building permit for 2600 South Cobb Drive for a new construction at a total estimated cost.of $360,000, Plans have been reviewed by the Fire Marshal and Inspections Department and Inspector Steely recommended they be approved. James Pressley is the owner of.the property -and was present. Jack Shinall asked Mr. Pressley about the buffer, and he said there would be a 20-foot buffer which is more than required by ordinance. He has also talked with the vice-president of West Lumber Company and was advised they never operate after 8:00 p.m.; their hours are 8:00 a.m. to 8:00 p.m. There is Continued - April 6, 1981 also a chain -link fence on the back of the property, with shrubbery on the out- side. Jack Shinall made a motion the building permit be approved. Max Bacon seconded the motion which carried by a 7-0vote. Jack Shinall said he had noticed we had a liquor store on South Cobb Drive that has gone into the nursery business, and asked Inspector Steely to check into it. Elbert Coalson said all the Council members had received a copy of the proposed Internal Controls System which refers to general.matters of City Hall and all other city departments, as to how they will be run. Elbert made a motion the Internal Controls System be adopted. Jim Tolleson seconded the motion which carried by a.7-0 vote. Jerry Mills made a motion the minutes from March 9, 1981 be approved as submitted. Max Bacon seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the minutes of March 16, 1981 be approved as submitted. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports:.. Max Bacon thanked Chief Hilton and Commissioner Harvey Paschal for coming tonight. Max said Chief Atkinson would be in the hospital for 3 or 4 days for some tests. (Streets) Jerry Mills read a request from the Parks and Recreation Department asking permission to block Bank Street from Atlanta Road to King Street from 9:00 a.m. to 6:00 p.m. on Saturday, April 25th for the Arts & Crafts Festival. Also, that a banner be hung on the corner of Spring Street and Atlanta Road in front of Smyrna Cable TV to advertise the festival. Jerry made a motion these requests be approved. Max Bacon seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion the following projects be approved, and paid from State Grants funds: (1) Ward 5: 379 feet of curbing on Powder Springs Street, plus seed and fertilizer for a total cost of $825. (2) Ward 4: Overlay of a portion of Church Street and curbing, at a total cost of $2,250. (3) Ward 2: Curbing both sides of Lee Street at a total cost of $4,490.50. Jim Hawkins seconded the motion which carried by a 7-0 vote. Jerry said he had not received a request from Elbert Coalson, and Mr. Coalson said he would like to have approximately 20 feet of sidewalk on Cherokee Road in front of the Post Office. Mayor Johnson.said.he had written the Board of Education concerning this request, and recommended we wait several weeks to hear from them. (Water) Jack Shinall said he had an engineering agreement, grant application form and resolution authorizing the Mayor to sign and apply for necessary funds to perform the sewer system evaluation study. Jack read the resolution and made a motion the Mayor be authorized to sign these documents, subject to legal counsel review before being signed. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jack said one area of the City had already been studied, and was included in the original bid price, so Welker and Associates has lowered their original bid by $16,000. (Police) Elbert Coalson said on January 7, 1981, Officer John Everett of the Smyrna Police Department fell at his home and injured his back. The Jaycees held a fund raising barbecue for him about 2 weeks ago, to help with his expenses. Officer Everett has used all his accumulated sick leave and vacation and is still in bad shape. Elbert made a motion that he be given 2 weeks additional sick leave, to be made up when he is able to return to work. Jim Tolleson seconded the motion which carried by a 7-0 vote. Elbert Coalson commended the Smyrna Police Department, Cobb County Sheriff's (� office and Marietta Police Department for the good work they have been doing in recent drug arrests. (Parks) John Steely said the Parks Department has put together a brochure out- lining our facilities and programs available. This brochure can be picked up at the Parks and Recreation office. Continued - April 6, 1981 John Steely said each year the City sponsors two girl's softball teams, the Smyrna Kiwanis and Jonquil City Kiwanis. The sponsorship fee is $150 per team, and John made a motion funds be approved to sponsor these two teams for the 1981 season. Jack Shinall seconded the motion which carried by a 7-0 vote. John said the Parks Department will begin their afternoon movie program again, with one on April 14th and another on April 16th, beginning at 1:00 p.m. John expressed appreciation on behalf of himself and the Parks and Recreation Commission to Wit Carson and the other county commissioners for the 250 feet of pipe being put in at Jonquil Park. John said the Cystic Fibrosis Foundation would have their tennis tournament beginning April loth. Announcements: Next Council meeting April 20, 1981. With no further business, meeting adjourned at 9:16 p.m. ************************ April 7, 1981 A special called meeting of Mayor and Council was held April 7, 1981 in the Mayor's office at City Hall for the purpose of awarding bids opened April 6, 1981 for four (4) police cars. Mayor Johnson called the meeting to order at 5:30 o'clock p.m. All Councilmen were present except Jim Tolleson. Elbert Coalson stated the Police Committee had recommended that only Wade Ford and Cody Chevrolet, the winner of the State contract, be considered. Wade Ford's bid for four (4) LTD police package cars was $7,976.69 each. Cody Chevrolet's bid for four Chevrolet police package vehicles was $7,708.00 each. Mr. Coalson said he would like to buy from Wade Ford but it would cost the City an additional $1,074.36. It was brought out that Wade Ford was the only large dealer in the City, they pay taxes, and that we should deal with them. After further discussion Elbert Coalson made a motion the bid be awarded to Wade Ford for a total cost of $31,906.36. Jack Shinall seconded the motion which carried by a 6-0 vote. Meeting adjourned. ************************ April 20, 1981 The regular scheduled meeting of Mayor and Council was held April 20, 1981 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Frank Johnson. All Council members were present except for Jim Tolleson who was out of town. —Also present was City Attorney Charles E.-Camp, City Clerk Willouise Spivey, Police Chief Everett Little, Assistant Fire Chief Hubert Cochran, Fire Prevention Captain Jim Tidwell, Parks and Recreation Director Bill Johnston, Water Department Supervisor Larry Dunn, Building Inspector Dan Steely, Civil Defense Director Jim Farley, and representatives of the press. Invocation was given by Councilman John Steely, followed by the pledge to the flag. Citizens Reports: (1) Sandy Brown, 2551 Spring Drive, read and presented a petition to Mayor and Council bearing the signatures of 29 residents of the area, opposing the variance request by Larry Cohran on the agenda for tonight. (2) Jimmy Henson with Cobb County Parks and Recreation requested a parade permit for Rhyne Park Recreation Club for Saturday, April 25th from 9:00 a.m. to 11:00 a.m. Jack Shinall made a motion the permit be approved. John Steely seconded the motion which carried by a 6-0 vote.