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06-15-1981 Regular MeetingJune 15, 1981 The regular scheduled meeting of Mayor and Council was held June 15, 1981 in City Hall, Smyrna, Georgia. The meeting was called to order by presiding officer Mayor Frank Johnson. 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, Building Inspector Dan Steely, Public Works Director James David, Civil Defense Director Jim Farley, Parks and Recreation Director Bill Johnston and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. There were no citizen reports. Elbert Coalson made a motion the date to hear the appeal of the decision of Recorder's Court made by'�Steven A. Sandmann, be rescheduled to be heard on July 6, 1981. Jack Shinall :seconded the motion which carried by a 7-0 vote. Annexation: Jim Tolleson made a motion the A. P. Dodd property, 10 acres located in Land Lot 707, be annexed into the City of Smyrna and become a part of Ward 1. Jim Hawkins seconded the motion which carried by a 7-0 vote. Zoning: A. P. Dodd requested the rezoning of 10 acres located in Land Lot 707 from R20 to RM12. There was no opposition and the Planning and Zoning Board had recommended the property be rezoned as requested. Jim Tolleson made a motion the 10 acres be re- zoned from R20 to RM12. Jim Hawkins seconded the motion which carried by a 7-0 vote. Pawn Shop Business License: Thelma Carter requested a business license to operate a pawn shop at 2540-C Atlanta Street (Belmont Hills). Mrs. Carter stated she had read and understood the pawn shop ordinance. Frank Johnson read a letter from Police Chief Little stating that investigation by his department did not reflect any factors that would bar the applicant from obtaining the license applied for. Jerry Mills made a motion a business license to operate a pawn shop be approved for Thelma Carter at 2540-C Atlanta Street. Jim Tolleson seconded the motion which carried by a 7-0 vote. Malt Beverage License Request: Ruben Gardner McMullan requested a retail package beer and wine license for his business, the Chevron Gas & Grocery Store located at 2517 Spring Road in Smyrna. Jim Tolleson stated this request had been advertised and signs posted. There was no opposition. .Jerry Mills asked.Chief Little if all records were complete. Chief Little stated the report from the Federal agency was still pending, as they now place these requests on low priority and it would take months to receive the report. Mayor Johnson said that if the report did come back and the applicant had a record, the license could and would be pulled. Jerry Mills said he would have to vote against this request since it was so close to the apartment com- plex. Jim Tolleson made a motion a retail package beer and wine license be approved for Ruben Gardner McMullan at 2517 Spring Road. Jack Shinall seconded the motion which carried by a 5-2 vote. Jim Tolleson, Max Bacon, Jim Hawkins, Elbert Coalson and Jack Shinall voted for. Jerry Mills and John Steely voted against. Bid Opening: Bids for unit prices on garage items were opened, read and recorded as follows: Jonauil Tire Sexton Tire Howard's Fina PASSENGER TIRES & PICKUP TRUCKS HR 70 x 15 Police Special 44.05 101.00 46.61 H 70 x 14 White Letter (Detective) 47.41 46.09 LR 78 x 15 Polysteel Whitewall 61.82 63.20 58.05 7:50 x 16 LT Hiway 33.33-38.95 56.99 39.68 7:50 x 16 Off the�Road 37.15-42.52 59.91 61.12 G 78 x 14 Hiway Poly Tire 24.02 29.70 30.70 H 78 x 15 Hiway Poly Tire 26.43 31.83 33.10 7:00 x 15 LT Off the Road 32.38 49.72 51.52 HR 70 x 15 Polysteel 40.84 59.11 51.53 8:25 x 20 Hiway 66.55 97.11 92.95 8:25 x 20 Off the Road 78.42 118.13 118.28 9:00 x 20 Hiway 83.40 113.33 111.44 9:00 x 20 Off the Road 89.51 137.81 132.33 10:00 x 20 Hiway 100.39 147.06 148.04 10:00 x 20 Off the Road 115.58 178.91 171:83 JOHN DEERE BACKHOE Front 14.5/75 - 16.1, 10 Ply Rating 82.38 150.68 Rear 18.4 x 28, 12 Ply Rating 395.28 393.86 Continued - June 15, 1981 Jonquil Tire Sexton Tire Howard's Fina FORD BACKHOE Front 11L x 16, 8 Ply Rating 46.50 49.18 Rear 16.9 x 24, 10 Ply Rating 302.22 273.88 2000 FORD TRACTORS Front 6:00 x 16 Farm Tire 24.96 26.40 Rear 13.6 x 24 Farm Tire 118.37 117.96 WHITE TRACTOR Front 11.22.5 Hiway 122.69 285.80 162.12 Rear 11R-22.5 Off the Road 114.21 220.30-283.89 162.12 285.76-300.13 LOWBOY TRAILER 10:00 R15TR 114.66-130.70 254.39 184.12 The following bids for unit prices on labor and repair charges were also read: Jonquil Tire Sexton Tire Howard's Fina Jimmy's Gulf LABOR TO REPAIR TRUCK TIRES Front 1000x20, 900x20; 825x20 MO 12.00 12.50 Rear 9.00 12.00 12.50 LABOR TO MOUNT TRUCK TIRES Front 1000x20, 900x2O, 825x20 9.00 12.00 10:00 Rear " if 9.00 12.00 10.00 LABOR TO MOUNT & BALANCE PASSENGER TIRES & PICKUP TRUCKS 7.50 auto 7.00 4.50 2.00 chg. tire 4.00 off each 2.00 chg. tire for more than & mount 1 each time) 2.50 balance LABOR TO REPAIR BACKHOE TIRES Front 7.50 8.00 10.00 Rear 17.50 18.00 10.00 LABOR TO REPAIR FORD TRACTOR TIRES Front 7.50 8.00 10.00 Rear 14.50 18.00 10.00 LABOR TO REPAIR WHITE TRACTOR TIRES y Front 12.50 8.00 10.00 Rear 12.50 12.00 10.00 LABOR TO REPAIR LOWBOY TIRES 12.50 12.00 10.00 SERVICE CALL CHARGE TO REPAIR ITEMS (1) THROUGH (7) 8.00 18.00 (4 thru 7) CHARGES HOURLY TO REPAIR AIR CONDITIONERS, CARS & PICKUPS, PLUS PARTS 12.00 20.00 15.00 15.00 Jack Shinall made a motion the bids be turned over to the garage committee for further study and interview with bidders. Elbert Coalson seconded the motion which carried by a 7-0 vote. Ordinance Amendment: Jim Hawkins said the proposed additions to the zoning ordi- nance had been advertised in the newspapers and made a motion the Residential Duplex District classification be approved as follows: Continued - June 15, 1981 9 ✓ Article VI, Section 601 of the Zoning Ordinances of the City of Smyrna shall hereby be amended to add a district known and designated as RD (Residential Duplex) District containing two (2) dwelling units per lot, and RD-4 con- taining Triplexes or Quadriplexes. Article VIII, Area, Yard and -Height Requirements, Section 801 shall be amended to add a designation for RD Residential Duplex District with a minimum lot area total of 12,500 square feet; maximum two (2) units per lot; minimum floor area of 850 feet per unit; minimum lot width of 75 feet with a maximum height of two (2) stories of 35 feet; maximum lot coverage of 35%; minimum rear yard of 30 feet; minimum side yard of 7.5 feet; and with minimum front yard setback requirements adjacent to a major throughfare of 50 feet, minor throughfare 40 feet, and other throughfares 35 feet. v Article VIII, Area, Yard and Height Requirements, Section 801 shall be amended to add a designation for RD-4 Residential Triplexes or Quadriplexes) with a minimum lot area total of 17,000 square feet; maximum four (4) units per lot; minimum floor area of 700 feet per unit; minimum lot width of 100 feet with a maximum height of two (2) stories or 35 feet. Maximum lot coverage of 35%; minimum rear yard of 30 feet; minimum side yard of 10 feet and with a front yard setback requirement adjacent to a major throughfare of 50 feet, minor 40 feet, and other throughfares 35 feet. Article VII shall be amended by adding Section 707.1 to read, Section 707.1, RD Residential Duplex Districts) and RD-4 Residential Triplexes or Quadriplexes). d The intention of this section in establishing the RD District is to promote and provide for the development of two (2) family dwellings at a low density and within any RD District the following uses shall be permitted: (707.1.1) All uses permitted in the RAD residential district.(Ord. of 12/29/77) (707.1.2) Two-family and multi -family dwellings. (Ord. of 12/29/77) (707.1.3) Residential group projects in accordance with the provisions of Article X, Section 1013. (Ord. of 12/29/77) (707.1.4) Community unit plans in accordance with the provisions of Article X, Section 1014. (Ord. of 12/29/77) Jerry-Mills;seconded the motion to -add the Residential Duplex.District classification to the zoning ordinances, which carried by a 7-0 vote. Jim Hawkins made a.motion the addition of the Residential Townhouse District classi- fication be approved as follows: The Zoning Ordinances of the City of Smyrna shall be amended so as to add District,TD (Residential Townhouse District) which shall permit a maximum of ten (10) dwelling units per acre. Article VIII, Section 8 shall be amended so as to add a designation for TD Residential Townhouse District) with a minimum lot area per unit in square feet of 80,000; maximum six (6).units in a row; minimum floor area -of 900 square feet per unit; minimum lot width of 20 feet, 30 feet for an end unit, with a maximum height of 2.1/2 stories or 35 feet; maximum lot coverage of 30%; minimum rear yard of 40 feet outside development and 30 feet inside development; minimum side yard of 35 feet outside development and 10 feet inside development (except if building contains no more than two units, then the side yard may be reduced to 8 feet inside the development), with 0 feet for attached units; minimum front yard setback requirements from a major throughfare of 75 feet, 50 feet to a minor throughfare, 50 feet other roads and 25 feet inside development. Article VII, Use Provisions, shall be amended so.as to add Section 707.2, TO Multi -Family Residential Districts). The intent of this section in establishing TD districts is to promote and provide for development of single-family attached dwellings in a row or group; each house separated from adjoining houses in a row or group by architectural style, changing of facade, offsets, and by fire - walls or fire separations where ownership of each dwelling unit is in fee simple. Within any TD Residential District, the following uses shall be permitted: (707.2.1) All uses permitted in the RAD residential district. (Ord. of 12/29/77) Continued - June 15, 1981 (707.2.2) Two-family and..multi-family dwellings. (Ord. of 12/29/77) (707.2.3) Residential group projects in accordance with the provisions of Article X, Section 1013. (Ord. of 12/29/77) (707.2.4) :Community unit plans in accordance with the provisions of Article X, Section 1014. (Ord. of 12/29/77) Jim Tolleson seconded the motion to approve the addition of the Residential.Town- house District classification to the zoning ordinance. Vote on the motion carried 7-0. Award of Bids: (1) John Steely said the Parks Committee had recommended that the bid from Stadiums Unlimited for $3,756 be approved for the purchase of bleachers. $3,500 was approved in the Revenue Sharing budget and the committee further recommen- ded that the remaining $256 be paid from Revenue Sharing funds remaining from the lighting.at Jonquil Park. John made a motion the bid from Stadiums Unlimited be accepted. Max Bacon seconded the motion which carried by a 7-0 vote. (2) John Steely said the Parks Committee recommended that the bid.from Wade Ford be accepted for the purchase of two lease vehicles at $5,400 each, and made a motion the bid be accepted. Max Bacon seconded the motion which carried by a 7-0 vote. (3) Jerry Mills said Wade Ford was the low bidder on two dump trucks for the Street Department at $16,264.34 each and made a motion the bid be accepted, to be paid from State Grants and Revenue Sharing. Jim Hawkins seconded the motion which carried by a 7-0 vote. Validation of Signatures: Walter B. Hendry requested annexation of property located in Land Lot 381, Concord Road at Sherwood 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 unincorporated and contiguous to the City of Smyrna, do 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 381 of the 17th District, 2nd Section of'Cobb County, Georgia and being more particularly. described as follows: BEGINNING at an iron pin at the intersection of the southeasterly right;of way line of Concord Road with the northeasterly right of way line of Sherwood Road and running thence in a southerly direction along the northeasterly right of way line of Sherwood Road and following the curvature thereof for a dis- tance of 267.5 feet to an iron pin at the intersection of the northeasterly right of way line of Smyrna Hill Drive; running thence in an easterly direction along the northerly right of way line of Smyrna Hill Drive for a distance of 187.30 feet to an iron pin; running thence north 20 degrees 26 minutes for a distance of 323.21 feet to an iron pin on the southeasterly right of way line of Concord Road; running thence south 64 degrees 58 minutes west along the southeasterly right of way line of Concord Road for a distance of 160.5 feet to the iron pin at the intersection of the southeasterly right of way line of Concord Road with the northeasterly right of way line of Sherwood Road and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED 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/W. B. HENDRY" Jerry Mills made a motion the signature be validated and the date of public hearing be set for July 6, 1981. John Steely seconded the motion which carried by a 7-0 vote. Elbert Coalson stated a loan of $450,000 was due June 30, 1981, and made a motion it be renewed. Jack Shinall seconded the motion which carried by a 7-0 vote. Continued - June 15, 1981 Budget Approval: Elbert Coalson said a 1981-82 budget of $5,957,940 had been pre- pared and thanked the City Clerk, Budget Committee and department heads for their hard work. Elbert made a motion the 1981-82 budget of $5,957,940,!1which does not include Revenue Sharing, be approved. Jack Shinall seconded the motion. Following a question from Jerry Mills, John Steely said the Parks budget would be hard to live with.after making so many cuts in that department. If they should have any emergen- cies such as replacing a pump at one of the pools, the money would have to come from someone else's budget to make the repairs. The cuts made in parks maintenance means they will not be able to plant any.grass or fertilize. Jerry Mills said more money had actually been spent on maintenance last year than what they are requesting this year, and it was not realistic to make cuts on maintenance and repairs for facilities where the City has several million dollars invested. Jerry said this was not a budget, when you know ahead of time the money you request will not be sufficient and felt it should be studied further. John said they were not making cuts in places where they knew additional funds would have to.be approved at a later date; it was the only places where they knew to cut. In addition to maintenance, they also made cuts in their programs and hosted activities. Jim Tolleson said Bill Johnston had made the cuts in his,budget and felt he,had done an admirable job. Jim also stated the items which had been cut were non -essential and he felt council should go along with it. Jerry. Mills asked Bill Johnston if he could maintain the parks on the money he had requested. John Steely said he would answer for Bill, and the answer was no. Jerry said he thought the budgets were good, but he hated to vote for a budget that he knew would not be adequate. Elbert Coalson said he hoped the City employees could receive, a cost of living raise before the next budget, because we are losing a lot of good employees because of low salaries. Jack Shinall stated that if any department head had submitted a budget knowing they would need to request additional funds at a later date, he would like for them to withdraw their budget request at this time. Jim Hawkins said the department heads had had ample time to prepare their budgets and study them, and he was in favor of supporting the budget as sub- mitted. Mayor Johnson said there was no more money to be distributed, and.if the budget was reworked it would have to be within the amounts of money already requested. Jerry said this was an election year, and everyone knew that if 25 or 50 citizens showed up at a meeting protesting the lack of maintenance on parks that council would find a way to approve the money. Elbert Coalson said he did not care if it was an election year -- he had an obligation to the. City and would vote his convictions regardless of how it hurt him politically. Jerry -said $40,000 a year was spent for park rangers and if possible, maybe these jobs could be cut and the money allocated for maintenance. Elbert Coalson said Bill Johnston was the professional hired to run the parks department, and felt he would be more knowledgeable in where to make cuts than anyone else. After further discussion, Mayor Johnson called for a vote on the motion. Jerry Mills said he would like to make an amendment. Mayor Johnson said he had already called the question and asked for a vote. Vote on the motion to approve the 1981-82 budget carried 5-2. Jim Tolleson, Max Bacon,.Jim Hawkins, Jack Shinall and Elbert Coalson voted for. ;Jerry Mills and John Steely voted against. Rotation of Accounts: Elbert Coalson said at the present time the Water Revenue, E&C and Sinking funds were at First Bank and Trust; the General Fund and Payroll fund at Trust Company; State Grants and Revenue Sharing at Cobb Bank and Trust. Elbert made a motion the funds not be rotated at this time and remain as is. Jack Shinall seconded the motion which carried by a 7-0 vote. Commercial Building Permits: ADE Church Builders requested a permit to make an addition to the front entrance of Trust Company Bank on South Cobb Drive by installing an automatic teller. Plans have been approved by the Fire Marshal and Inspections Department -and Dan Steely recommended it be approved: Jim Hawkins made a'motion the.permit be approved, seconded by.Max Bacon. Vote on the motion carried 7-0. Committee Reports: Jim Tolleson said it had been brought to his attention that the salaries of the Civil Service Board members was less than that of the Planning and Zoning Board members. Jim made a motion to raise the salaries of.the Civil Service Board members from $15 to $20 per meeting. Jim Hawkins seconded the motion. Willouise Spivey said there was $500 in the City Council budget which could be transferred. Jim amended his motion to state that $500 be transferred from the City Council budget to the Civil Service Board for salaries. Vote on the motion carried 7-0. Max Bacon said he had been receiving complaints from residents on Roswell Street concerning the speed limit. With a recommendation from Jim David, Max made a motion the speed limit on Roswell Street from Crumley Drive all the way to the railroad tracks be reduced from 35 to 25 miles per hour. John Steely seconded the motion which carried by a 7-0 vote. Continued - June 15, 1981 (Streets) Jerry Mills made a motion that bids be requested for curbing on Lee Street, due to shortage of manpower in our street department. After discussion, Jerry withdrew the motion and made a motion that bids be requested for unit pri.ces for curbing, which would be good for the remainder of the year. John Steely seconded the motion which carried by a 7-0 vote. (Inspections) Jim Hawkins read a proposed amendment to the ordinance by adding Section 1001'(M) #6, as'follows: "The Building Inspectors certification that documents containing agreements of all easements, including sewer, water, 'right of way lines, and any areas to be reserved by deed covenant for common use of all property owners are on file in the Inspections Department and Engineering Department -of the City of Smyrna..". Jim said a'copy had been furnished to all council members and it would be -brought up at the _next meeting to be.voted on. (Water) Jack'Shinall explained that 'the county was charging us about 20% more for sewage treatment than we are charging for a gallon of water, which explains the increase in the Water Revenue budget. Total billing for water and sewerage is running about $75,000 per month. . Jack Shinall made a motion that the dedication of sewer easement as drawn and presented to the City be accepted and that the Mayor be authorized to execute the letter along' fwith exhibits attached to 'the ow'ners of the concerned 'property along the easement, to insure them of the City's acceptance and intentions with regard to the use of the easements and pipes contained therein. This 'easement is through Plumtree Apartments and property belonging"to Felix Cochran.Jim Tolleson seconded the motion for the.Mayor to sign these documents after review. by, the City Attorney. Attorney Charles Camp explained the easement and stated that most of the items contained in it were things the City normally does in the course of installation and maintenance. Vote on the motion carried 7-0. (Police) Elbert Coalson read a letter from Architect Chuck Holmes listing the minimum repairs required to maintain the structure and use of the police department building as follows: 1. Reroof building - $4,500 2. Repair metal flashing - $500. 3. Recaulk windows and weatherstrip joints - $2,000 4. Install air conditioning in basement area - $8,000 5. Paint interior walls - $6,000 6. Install new carpet - $4,00.0 7. Update for compliance with fire codes - $3,000 8. Miscellaneous repairs - $2,000 The total of these repairs is $30,000. The letter further stated that these repairs would be a'stop-gap measure and.a more in-depth study should be made of problems affecting the structure. Jim Hawkins said he would like to declare items 1, 2 and 3 an emergency so that work can commence and then request bids on the remaining items. Mayor Johnson stated we had.five proposals on reroofing which had not been opened,' since we have never officially ,requested bids. Bids have already been opened on. -the painting. Jim Hawkins made a motion that the reroofing, repair of metal flashing, recaulking of the windows and weatherstrips be declared an emergency and that the Police Committee be given the authority to contract prices and award the work to whomever they feel is best qualified. Jerry Mills seconded the motion. Jack Shinall moved the original motion be amended to include.items 5 and 7, painting and.updating for compliance with the fire code, for a total of $16,000 which is in their budget. John Steely seconded the amendment. Vote on the amendment and main motion carried 7-0. Bids on four (4) cameras for the jail were opened, read and recorded as follows: Northside Electronics $325 each $55 additional for wide-angle lens $50 trade-in for old cameras Motorola $1,796 total $2,096 including installation Elbert Coalson made a motion the cameras be purchased from Northside Electronics, the low bidder. Jerry Mills seconded the motion which carried by a 7-0 vote. Continued - June 15, 1981 John Steely said a citizen in his ward had asked about installing a barbed-wire fence to keep kids out of the yard. John said he was not in favor of it, and read Section 22 of the City Charter which says the Mayor and Council shall have the right to exercise authority regarding the placing of barbed wire fencing within the City. John Steely said the air conditioning had gone out at the Senior Citizens Center and he had one bid on replacement. John said he would like to declare this an emergency, and accept the bid of $9,347 from Cobb Heating and Air. The existing unit can be rebuilt for $4,204 and would be guaranteed for one year. John said the Parks budget had $9,940 unexpended from 1980-81 and made a motion the bid from Cobb Heating & Air for $9,347 be accepted to replace the unit. Jim Tolleson seconded the motion. Max Bacon said he agreed we needed to do something, but felt we should have at least one other bid. After discussion, the motion and second was withdrawn. John Steely then made a motion that the replacement of the air conditioning unit be declared an emergency and the Parks Committee authorized to secure bids and take such steps as necessary to repair the emergency. Jim Tolleson seconded the motion which carried by a 7-0 vote. John Steely read the schedule for the 4th of July festivities at King Springs Park. Mayor Johnson reminded everyone of the referendum for 1% Local Option Sales Tax on June 23rd and urged them to vote. There will be a town meeting tomorrow night at 7:00 p.m. where the Mayor and Council will attempt to answer any questions the citizens may have about the sales tax. Elbert Coalson made a motion that Jack Shinall be appointed as the voting delegate for the GMA Convention in Savannah, with Jim Hawkins the alternate. Jerry Mills seconded the motion which carried by a 5-0 vote, with Jack Shinall and Jim Hawkins abstaining. Meeting adjourned at 9:15 p.m. ES E. TOLLESO , WARD 1 ��' WILLOUISE C. SPIVEY, CITY LERK MAX BACON, WARD 2 ':2�_ 2W Ala, ,��,JAKES M . HA KI S , WARD 4