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06-01-1981 Regular MeetingJune 1 . 1981 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 1, 1981, at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Frank B. Johnson. All Council members were present except for Jerry Mills, who was out of town. 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 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. Mayor Johnson stated a small reception had been held earlier this evening, honoring retiring Fire Chief Don Atkinson and presented Chief Atkinson with a plaque from Mayor and Council in appreciation of his 26 years of service to the City. There were no citizen reports. Jim Hawkins made a motion the zoning ordinance amendments adding sections 707.1 and 707.2 be tabled to the next meeting. Jack Shinall seconded the motion which carried by a 6-0 vote. Rezoning: Attorney Ken Nix representing Post Villages Northwest requested rezoning of property located in Land Lots 707, 708, 734 and 737 as follows: Parcel 1, 6.21 acres from General Commercial to RM-12; Parcel,2, 12.9 acres from Light Industrial to RM-12; and Parcel 3, 21.58 acres from RM-12 to Office & Institutional. Mayor Johnson stated the Planning and Zoning Board had unanimously agreed that the re - zonings be granted, and there was no opposition. Jim Tolleson made a motion the rezoning request be approved. Jim Hawkins seconded the motion which carried by a 6-0 vote. Variance: Rem Bennett requested a front yard setback variance of 3 feet on Lot 12, Unit 2, Cumberland Corners, due to the engineering firm moving.one of the stakes on the lot. Elbert Coalson made a motion the variance be granted. Jack Shinall seconded the motion which carried by a 6-0 vote. Bid.Openings: (1) Bids on the installation of lighting at Jonquil Park were opened, read and recorded as follows: Ask -Kay Electric $3,250 AAA Electrical Cont. & Eng. $2,020 Lynn Lighting Co. $2,500 L&L Lighting Maintenance $1,550 John Steely made a motion the installation of lighting be awarded to L&L Lighting, being the low bidder. Max Bacon seconded the motion which carried by a 6-0 vote. (2) Bids for two lease cars for the Parks Department were opened, read and recorded as follows: 1980 Ford Fairmont 1981 Ford Fairmont Beaudry Ford $5,400 ea. Wade Ford not available $5,400 ea. John Steely made a motion these bids be turned over to committee with a recommendation back to full council. Elbert Coalson seconded the motion which carried by a 6-0 vote. (3) Bids for two 1981 F800 Ford dumptrucks were opened, read and recorded as follows: Alternate Bids: Harry, White Ford, Inc. $16,595.00 ea. Municipal,Sales $16,849.34 ea. $16,499.34 ea. (Fontaine body) Capitol Ford Truck.Sales $16,568.96 ea. $17,543.04 $16,924.97 Wade Ford $16,264.34 ea. John Steely made a motion these bids be turned over to committee, for a recommen- dation'back to full council. Jim Hawkins seconded the motion which carried by a 6-0 vote. Continued - June], 198:1 (4) Elbert Coalson made a motion that bids received at the May 18, 1981 council meeting for painting the courtroom be tabled again until roofing repairs can be made. Jack Shinall seconded the motion. Mayor Johnson stated that Chuck Holmes has looked at the building and is trying to locate a set of plans to help him determine how the building was built structurally. Vote on the motion to table these bids carried 6-0. Resolution: Mayor Johnson read a resolution supporting the 1% Local Option Sales Tax referendum on June 23rd as follows: "WHEREAS: The governing body of Cobb County has called for a 1% Local Option Sales Tax referendum to be held June 23, 1981; and WHEREAS: Local Option is a replacement tax, and would help relieve the burden on property owners of operating our county and city government by dispersing this responsibility to citizens of surrounding areas and tourists as well; and WHEREAS: Proceeds derived from said tax revenues will allow both the City of Smyrna and Cobb County to substantially reduce its millage rate for real and ad valorem property taxes to its citizens; and WHEREAS: The Mayor and Council of the City of Smyrna believe that the implementation of said sales tax revenues and resulting property tax reduction will be advantageous to the great majority of the City residents; now THEREFORE: Be it resolved that the Mayor and Council of the City of Smyrna hereby unanimously approve a 1% Local Option Sales Tax proposal and will call a town meeting to discuss and answer questions on the issues presented." Jim Hawkins made a motion the resolution be adopted. Jack Shinall seconded the motion which carried by a 6-0 vote. The date and time for a town meeting will be established later. Jim Tolleson made a motion that council be authorized to sign an agreement between the City of Smyrna and Homeland Properties for the purpose of dedicating Park Drive as a public thoroughfare. John Steely seconded the motion. Jim Tolleson amended the motion to state the street would be dedicated as per plat dated May 15, 1981, having a 45-foot width. John Steely seconded the amendment. Vote on the amendment carried by a 6-0 vote. Vote on the main motion carried 6-0. John Steely stated an emergency situation had arisen at the tennis courts at King Springs Park where some of the lighting ballasts needed replacement. The work was done by Lynn Lighting Company at a cost of $709.90, and John made a motion this payment be approved. Jim Tolleson seconded the motion which carried 6-0. Mayor Johnson stated he had been approached by Public Service Displays Company about placing advertising benches throughout the City, and introduced John Thomas and David Jones and asked them to explain their proposal. They stated it was their understanding there had been a problem with the former owners of this company, by placing too many benches in the City. They were willing to resolve that and work with the City by allowing council to tell them where they wanted the benches placed, and controlling the type of ads that would be used. They are insured, and the City would be held harmless in case of any injuries. They would like to place the benches in transit areas, parks, etc. Initially, public service messages would be placed on both sides until such time as advertising space is sold; then the commer- cial advertising would go on the front, with public service messages remaining on the back. John Steely said he thought it would be illegal to place these benches on the right of ways, he did not think we should commercialize our parks and we would also have to charge a permit fee for each one. Jack Shinall stated we have franchised every other company in our city utilizing the right of ways and felt we should do the same in this case. Attorney Camp said we could establish a non- exclusive franchise for this service, and a classification would need to be estab- lished in the Code of Ordinances by the Planning and Zoning Board. Mayor Johnson asked the Inspections Committee to get together with Mr. Thomas and Mr. Jones for further study of their request. Continued - June 1, 1981 Elbert Coalson made a motion that the request by Steven A. Sandmann to appeal the decision of Recorder's Court be heard at the June 15, 1981 council meeting. Max Bacon seconded the motion which carried 6-0. Mayor Johnson said he had received a request from Barry Teague of Post Properties to close the dead-end of Corn Road. People have been going through the dead-end and it has caused some problems at their apartment complex on Spring Road. Mayor Johnson said the area was inspected by the Fire Inspector and Police Chief, and they could see no reason why the road should not be closed off. Jim Tolleson made a motion that Corn Road be closed at the dead end, and that Post Properties be allowed to erect a swinging gate with proper reflectors. Max Bacon seconded the motion which carried by a 6-0 vote. Quit Claim Deed: Jim Tolleson made a motion that the City quit claim that strip of property which joins the property of Raymond C. Parks of 2614 Spring Drive and John E. Bailey of 2598 Spring Drive and Brenda Lane dead end, abutting Post Properties. A letter has been received from Post Properties, stating they have no objections. This strip of property is 150' x 150.8', described in a special purpose drawing by Trenholm Baker, PA dated May 20, 1981, and is to become a part of these minutes. Mr. Parks and Mr. Bailey will share the property equally, and will share the cost of filing the deeds, title search, attorney fees, surveys, and any other related cost pertaining to the quit claim deed. Jack Shinall seconded the motion which carried by a 6-0 vote. Quit Claim Deed: Jim Tolleson made a motion that a piece of city -owner property 50' x 150' and joining the property of James E. Lenahan of 2492 Spring Drive and James Toops of 2474 Spring Drive, and described in a special drawing dated June 1, 1981, be quit claimed equally to Mr. Lenahan and Mr. Toops. This property abuts Post Properties and a letter was received from Post -Properties stating they had.no objections. Further, Mr. Lenahan and Mr: Toops will share the cost of all filings, deed search, attorney fees, surveys, and any other related cost pertaining to the quit claim deeding of this property. Max Bacon seconded the motion which carried by a 6-0 vote. Commercial Building Permits: Lincoln Properties requested a permit to construct a 4-story office building at a.total estimated cost of $3,160,000. Plans have been reviewed by the Building Inspector but because of an error on the way they were stamped, Dan Steely recommended the permit be approved subject to a corrected copy of the plans being submitted, and approved by the Fire Marshal. Jim Hawkins made a motion the building permit be approved, subject to plan correction and approval by the Fire Marshal. Jack Shinall seconded the motion which carried by a 6-0 vote. Jim Hawkins made a -motion the minutes of May 4, 1981-be approved as submitted. John Steely seconded the motion which -'carried by a 6-0 vote. Jim Tolleson,made a motion the minutes of May 18, 1981 be approved as submitted. Jim Hawkins seconded the motion which carried by a 5-0 vote, with Max Bacon abstaining. Committee Reports: (Parks) John Steely stated the lighting at Cobb Park needed replacing and for the last 3 years we have been overpaying on the utility bills at this park: The City recently received a reimbursement check for $12,000 on the overpayment, which went into the General Fund. These utility"bills and overpayments were paid from the Parks and Recreation budget. John made a'motion that $7,000 of this money be allocated for material and installation for the relighting of Cobb Park baseball field. Jack Shinall seconded the motion which carried by a 5-0 vote. Jim Tolleson was out of the room when the vote was -taken. John Steely made a motion that two separate bids be requested to purchase these fixtures and install them; to be opened at the July 6th council meeting. Jack Shinall seconded the motion which carried by a 6-0 vote. John Steely expressed his appreciation to Jim David and Dan Steely for correcting the mud problem on Reed Road and King Springs Road. (Civil Defense) Elbert Coalson read a letter from Jim Farley stating the rescue truck was in'the,city garage needed replacing. The cost of'rebuilding the existing engine would be as much as buying another rebuilt engine. There is one company that specializes in this type vehicle and their recommendation was that it be replaced with a Chevrolet 6-cylinder 250 cubic inch pickup truck engine, at a cost of approxi- mately $1500. Civil Defense estimated they -would have approximately $543 left in their 1980-81 budget and requested approval to expend this, plus additional funds from another source to make these repairs. Elbert Coalson recommended the request be set aside to the next meeting to give council time to discuss it. Continued - June 1, 1981 Elbert Coalson read another letter from Jim Farley requesting that the Civil Defense Department be permitted to maintain a $25 petty cash fund which would eliminate the need for approximately 50% of the purchase orders normally issued to them. Elbert made a motion a $25 petty cash fund be approved for Civil Defense. Jim Tolleson seconded the motion which carried by a 6-0 vote. (Police) Elbert Coalson said the new police cars had been delivered and were in Atlanta. Elbert Coalson made a motion that $5,000 be allocated to begin repairs on the police station, until such time that a report and estimate of actual cost of all repairs is received from Chuck Holmes. Jack Shinall seconded the motion. Attorney Camp stated that repairs could be made to the building without requesting bids on the job, only in case of an emergency situation. Chief Little said this was an emergency; the building is leaking so badly it will eventually cause considerable damage to other parts. Jack Shinall said the $5,000 allocation needed to be approved, because the Police Department does not have money appropriated for building repairs. Jim Tolleson suggested we wait for a report from Chuck Holmes and then call a special meeting to allocate the necessary funds. Vote on the motion to allocate $5,000 to begin repairs failed by a 2-4 vote. Voting for the motion was Jack Shinall and Elbert Coalson. Voting against was John Steely, Jim Hawkins, Max Bacon and Jim Tolleson. (Finance) Elbert Coalson said we needed to order new checks and it was also time to rotate all the city's bank accounts. Willouise Spivey stated we are using old checks for Water Revenue and there are just a few checks left for General Fund. It will take approximately one month to receive them after they are ordered. Jim Tolleson said he would rather not make a hasty decision on the rotation of accounts without knowing who had the accounts last time. Jack Shinall said Water Revenue, Sinking Funds and E & C are at First Bank & Trust now, General Fund and Payroll at Trust Company and Revenue Sharing and State Grants at Cobb Bank & Trust. Generally we have been rotating the Water Revenue, General and Payroll Funds. After discussion, it was decided to wait until the June 15th council meeting to make a decision on the rotation of these funds. (Inspections) Jim Hawkins requested a meeting with Attorney Camp, Dan Steely and the Inspections Committee after adjournment for the purpose of meeting with Mr. Thomas and Mr. Jones from Public Service Displays. Jim Hawkins said he voted against the appropriation of $5,000 for repairs to the police station because he did not think it would remedy the situation and not because he was against making the repairs. Jim said if the plans were not received within the next 2 or 3 days, -he would request that the Mayor call a special meeting for the purpose of declaring the situation an emergency so that work can begin. (Fire) Max Bacon said that today was Don Atkinson's last day, and Assistant Chief Hubert Cochran would assume the duties of Chief of the Fire Department. Jim Tolleson made a motion a 3-way stop sign be placed at the corner of Spring Drive and Barbara Lane. There are several large trees which cause a blind spot at the intersection, small children playing in the area, and the road itself lends to speeding. There are numerous cars being parked on the street and Jim said he had received requests from several of the citizens in the area for the sign. Max Bacon seconded the motion which carried by a 6-0 vote. Attorney Camp stated he was working ,o.n,the new ordinance for modeling agencies and it was one of the most difficult he had ever tried to draft. By approving this ordinance, we will be attempting to regulate very lawful businesses in'.addition to regulating the influx of unlawful activity. He has asked for assistance from other cities attempting to do the same thing, and hopefully it will be ready for the next council meeting. Attorney Camp said lately we have had many requests for quit claim deeds on right of ways of old roads and dead-end streets. He has four in his office now, and the old plats that were furnished are not adequate for that purpose. Chuck said we need to adopt a policy in the future that a recent survey, dated within the last 90 days, be required on all such requests. The cost of the survey and drafting of the quit claim deed to be paid by the property owner requesting the deed. With no further business, meeting adjourned at 9:07 p.m. ************************