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07-20-1981 Regular Meeting (2)Continued - July 6. 1981 Ordinance Amendment: Jim Hawkins made a motion..that the Code of Ordinances of the City be amended by adding a section to be.numbered 1001 M (6).as read.into the minutes of June 15, 1981. Jack Shinall seconded the motion which carried by a 7-0 vote. Jim Hawkins made a motion the minutes of June 1, 1981 be approved as submitted. Jim Tolleson seconded the motion which carried by a 7-O.vote.. Elbert Coalson made a motion the.minutes of June 15, 1981 be approved.as'submitted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Commercial Building Permits: Atlanta Commercial Builders requested a permit for the construction of office and warehouse space for Walter Hendry on Concord Road at Sherwood, at a total estimated cost of $266,000. Plans had -been approved by the Fire Marshal and Inspections Department. Max Bacon made a motion the permit be approved. Jerry Mills seconded the motion which carried by a 7-0 vote. Committee Reports: John Steely said that when Plaza Drive was repaved, a big dip was left in the road and all the water coming from Sherwood Road is going into one of the residents yard on Plaza. Vic Broyles estimated it could cost $800 to correct the problem and John made a motion that $800 be approved from State Grants to correct.the drainage problem. Jerry Mills seconded the motion which carried by a 7-0 vote. Elbert _Coalson said he enjoyed the 4th of July festivities at King Springs Park and the fireworks at Wade Ford and commended the police department for the good job they did. Jack Shinall said he had been out of town, and the garage committee would be getting together this week to go over the unit prices. Jack Shinall said there was a dead-end line on Highview Terrace and it is causing quite a few problems with the homeowners at the end of the street. It will cost $2800.to change the water line and Jack made a motion that $2800 be approved from E&C fund to correct this problem. Jerry Mills seconded the motion which carried by a 7-O.vote. Max Bacon asked when the curbing on Lee Street would begin and Vic Broyles said it would probably be.next week, with good weather. Max Bacon said about 3.months ago we had approved a rezoning and construction,at the corner of Concord Road and Lee Street with the stipulation that there be no curb cuts onto Lee Street. .The developer has paved the parking area all the way to the curb and Max said he has received complaints from several residents about curs going in and out from Lee Street. After discussion, Attorney Camp advised the building inspector to work with the property owners to see if they could reach some agreement. With no further business, -meeting adjourned at 10:24 p.m. ************************ July 20, 1981 The regular scheduled meeting of Mayor and Council was held July 20, 1981 at City Hall. The meeting was called to order at 7:30 o'clock p.m. 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, Lt. Jim Tidwell of the Fire Prevention Bureau, 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 Jerry Woodridge from Welcome All Baptist Church, followed by the pledge to the flag. Citizen Reports: Bogey Stoner, owner of Smyrna Dairy Queen, had some questions concerning the new construction by West Lumber Company in back of his business. Mr. Stoner said the driveway which was approved in their plans had already been leased to him by Mr. James Pressley and he was concerned as to where the driveway for West Lumber would be located. Inspector Day Steely stated that the construction would not comply with the ordinance, without proper ingress and egress to South Continued - July 20, 1981 Cobb Drive, and West Lumber Company would have to submit another set of plans to be approved by the Inspections Department and Engineering Department. Following discussion, Attorney Camp said the proper course of action would be for West Lumber Company to show cause to Council as to why their construction should not be stopped. Jack Shinall made a motion that West Lumber Company be notified that a show cause hearing would be held August 3, 1981, due to incorrect plans regarding the ingress and egress. Jerry Mills seconded the motion. If the building permit should be withdrawn, the dispute over the lease would be a civil matter between Mr. Stoner and Mr. Pressley. Vote on the motion carried 7-0. Variances: (1) The request for a variance on height and copy area of a sign for West Lumber Company was tabled to August 3, 1981, on a motion from Jack Shinall. Elbert Coa'lson seconded the motion which carried by a 7-0 vote. (2) The request from King Springs Village for a variance of the City Fire Preven- tion Code, Section 2819-A & B, 2820-B, was withdrawn from the agenda. Elbert Coalson made a motion the following equipment be declared surplus and sold at the auction to be held August 22, 1981: 11 Arm Chairs, Metal 1 Large Arm Chair, Wood 1 Executive Chair, Metal 1 Loveseat, Metal 1 Rocker (damaged) 5 Metal Ashtrays Shampoo Attachments for Hoover Cleaner 1 Apeco Copying Machine #1200 1 Apeco Copying Machine 1 Infant Bathinette 1 1954 Jeager Air Compressor #RC-22138 1 1968 Chevrolet Green Stake Body Truck, 6-cylinder, 3/4 ton #C5298A109205 Jack Shinall seconded the motion which carried by a 7-0 vote. Annexation:: Mayor Johnson said the:A. P. Dodd property which had previously been annexed was being re -validated tonight, due to failure to secure the signatures of several people living on the property who were registered voters. The applica- tion was re -read as follows: "We the undersigned,,who constitute sixty percent (60%) of the electors resident in the area described below and 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 the southwest corner of Land Lot 707,,17th District, 2nd Section of Cobb County, Georgia, containing 10 acres, more or less, and being more particularly described as follows: BEGINNING at the southwest corner of said Land Lot 707 and running thence north along the west boundary of said land lot a distance of 663 feet to a stake; thence east through said lot a distance of 663 feet to a rock corner; thence south through said lot parallel with the west line thereof for a distance of 663 feet to a stake on south line of said land lot; thence west along the south line of said land lot, 663 feet�to 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 60% of the electors resident in the area described below: s/SARAN K. WALLS, 2355 Atkins Road; LEONARD P. NORRIS, JR., 2355 Atkins Road;:DENiSE N. & RICHARD H. TURNER, 2335 Atkins Road. 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/A. P. DODD" Jim Tolleson made a motion the signatures be validated and the date of public hearing'be'set for August 3, 1981. Max -Bacon seconded the motion which carried by a 7-0 vote. Annexation: M. Eugene Barnes requested annexation of property located on Pat ; Mell Road, Land'Lot 348. The application was read as.follows: . "We the undersigned, who constitute sixty percent;_(_ the owners of the Continued - July 20, 1981 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 348, 17th District, Cobb County, Georgia, as shown on plat recorded in Plat Book 33, Page 12, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the southerly side of Pat Mell Road 552 feet easterly from the intersection of the southerly side of Pat Mel) Road and the easterly side of Kennesaw Way as measured along the southerly side of Pat Mell Road; running thence southerly 161.4 feet to a point; thence westerly 70 feet to a point; thence southerly 116.8 feet to a point; thence northeasterly 102.9 feet to a point; thence continuing northeasterly 62 feet to a point; thence continuing northeasterly 43.4 feet to a point; thence northerly 202 feet to a point on the southerly side of Pat Mell Road; thence westerly along the southerly side of Pat Mell Road 94 feet to 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/M. EUGENE BARNES" Elbert Coalson made a motion the signature be validated and the date of public hearing set for August 3, 1981. Jerry Mills seconded the motion which carried by a 7-0 vote. Hearing: Janice N. Edgar was present to appeal the decision of Recorder's Court where she was found guilty of speeding, 55 MPH in a 40 MPH zone. Ms. Edgar and arresting officer Marvin Houston were sworn by Attorney Camp. Ms. Edgar said when she was stopped, Officer Houston told her she was doing 63 in a 30 mile zone. She said she had not been in any 30 mile zone; she had just left her home on Cherrydale Lane, went out Concord to Spring Road where she was stopped at Hargrove Road. She was in 9:00 a.m. traffic and said it was simply a case of mistaken identity; the gray Impala he saw speeding was not hers. Officer Houston told her the. Impala was improperly registered and asked if she owned a 1981 Ford. She said she did not; they owned three cars but none of them were Fords. Shortly after being stopped, another police car arrived and parked in front of her car. She said she had been detained for about 30 minutes and told the officer that if she needed to be fined to go ahead and do it, because she needed to get to work. Ms. Edgar said she had never had a traffic violation and the only reason she came was to ask Council to be fair and refund her $30 and remove the violation from record, because she did not think she should take blame for something she didn't do. Also, when she went to court the judge did not give her the opportunity to speak and explain her side of the story. Officer Houston said when he stopped at the light on Spring Road at Campbell Road there was a silver Chevrolet directly in front of him and when the light turned green, he began to routinely clock the vehicle. Ms. Edgar was clocked at 55 to 58 MPH. He stopped her at Spring and Hargrove and explained why she had been stopped, and also told her there was a problem with the registration on the vehicle, which came back as being registered to a Ford. Officer Houston said there was no delay and the log would verify that he spent 9 minutes on the call. Ms. Edgar's tag was a National Guard tag and a lot of times there are problems with these tags because they transfer with the owner. He told her the registration problem was really not that serious and it was probably a computer error. The other police car that arrived was the zone car and he pulled up for probably one minute to ask if everything was okay, which is routine. Officer Houston said he was directly behind Ms. Edgar but she probably did not realize it was a police car because he had the blue light on the dash instead of light bars on top of the car. Following discussion, Elbert Coalson made a motion the decision of Recorder's Court be upheld. Jim Hawkins seconded the motion which carried by a 6-1 vote. Max Bacon voted against. Committee Reports: (Fire) Max Bacon said another fireman had resigned, and we needed to be thinking about filling some of the vacancies in that department. (Employee Benefits) Max Bacon said it was about time to bid the employee's Continued - July 20, 1981 health insurance and suggested we form an employee's insurance committee. This would be one employee from each department and they would sit in with the Benefits Committee to help them decide what type insurance we want for next year. Max made a motion that an employee's insurance committee be formed. John Steely seconded the motion which carried by a 7-0 vote. (Water) Jack Shinall said there have been several incidents lately where by-pass valves have been turned off on some of the large water meters and it is possible that millions of gallons of water have gone through without being billed. Jack asked Attorney Camp if an ordinance could be established allowing us to convict anyone illegally turning off these by-pass valves. Jack asked Attorney Camp to review Section 22-7 of the Code of Ordinances pertaining to customers illegally turning water on after service has been terminated to see if it would be sufficient for this situation, and to re -write the ordinance if necessary. Jack Shinall said there would be a Garage Committee meeting Monday at 5:00 p.m. to review the bids on tires and service. Jerry Mills asked when the Parks budget would be reviewed again and was told by John Steely that it would be ready by next Council meeting. Mayor Johnson reminded Council of the meeting Wednesday at 5:30 to review the Revenue Sharing budget. Meeting adjourned at 8:21 p.m. NK�B.OHNSON.. MAYOR WILLOUISE C. SPIVEY, C TY,A/ ERK ES E. TOLLESON, WARD 1 MAX BACON, WARD 2 x�- ERRY LLS, WARD 3 AMES M. HAWKINS, WARD 4 SHINALL, W RD '��;��ECBERT R. COALSON, WARD N S EL WARD 7 AAK .an xtP�D�R'Dr!¢�m�3oAxAtxxxxr�aEnRoderaaasox 1120 Murrary Circle,SW,Marietta,Georgia 30064 July 22, 1981 Mayor and City Council City Hill Smyrna, Georgia 30080 I would like to express, on behalf of the family, our appreciation for dedicating Ward Park in Clarence's memory. The unanimous vote to rededicate this field was gesture in itself from men and a city that spoke for itself. Clarence thoroughly enjoyed each and every year that he served on city council. He felt his responsibility to serve was a treasured privilege. Public service meant a great deal to him and his help in creating a Parks Department was something he 1 asked no recognition. He was proud to be a part of Smyrna's growth and development and enjoyed the associations with the past and present council members. Ward Park was a place that Clarence spent many of his leisure hours, whether it was coaching, working on the field or just as a spectator. Thank you again for all those people responsible for this kind gesture. Clarence would be very proud of this honor, because I know that we are. God Bless you all. Your ery truly, 1 Ruth M. Canada RMC:j