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08-16-1982 Regular Meeting1 I August 2, 1982 - Continued Mayor Bacon called for a 5 minute recess. Business License: Rita Forscher applied for a business license for an.hourly- rate babysitting service, "Time for Children" to be located at -Cumberland Crossing Shopping Center on Hargrove Road. Mrs. Forscher said she had been notified by letter from the State that they do not consider this a child care facility and this type service would not fall under their present regulations. Mrs. Forscher said this service would benefit parents who are going to be usi.ng the shopping and entertainment facilities in the area and felt it would be a vital service to the community. Jim Tolleson said the City Code of Ordinances does not have a category for babysitting services such as this and made a motion the license be granted as a child care facility. Sarah Jones seconded the motion which carried by a 7-0 vote. Mayor Bacon recognized Mr. Roy Orr, Administrator of Smyrna Hospital and thanked him and hi's staff for their efforts in the emergdncy treatment and convalescence of Mrs. Etheredge. There were no commercial building permits to being before council. Jim Tolleson said the City was continuing in its efforts to do away with all pumping stations and `upon Jim David's recommendation, made a motion the station at Rolling - view Drive and Barbara Lane be replaced with gravity flow sewer lines. Max Bacon seconded the motion which carried by a 770 vote. Max Bacon made.a motion that stop signs be erected on Dunn Street at Legion Drive and also Shawnee Trail at Creat Trail. Jim David had recommended these signs be installed and felt it would slow traffic on these streets. Jim Hawkins seconded the motion which carried by a 7-0 vote. d' Approval of Minutes: Jim Hawkins made a motion the minutes of July 6, 1982 be approved as submitted. Elbert Coalson seconded the motion which carried by a 6-0 vote, with Jack Shinall abstaining. James Williams made a motion the minutes of July 19, 1982 be approved as submitted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Committee Reports: (Water) Jim Tolleson said he and Mayor Bacon had met with the County today and will meet again Wednesday night at 6:00 with all council members, concerning the water and sewer boundary line agreement. (Streets) Max Bacon said the new street lights had been installed in the down- town area. (Library) Doris Morris gave a report of summer programs taking place in the library. (Privilege License) Jack Shinall said there"was some concern tonight about the legality of the liquor pouring license issued and he would be in touch with Mr. Camp tomorrow to be sure we are in compliance with our local ordinance and State law, and would advise Ms. Spivey if there was any problem. (Parks) Sherry Reavis said Smyrna won the swimming and diving championship and several members of the swim team will advance to the State finals. Announcements: Mayor Bacon asked everyone to be present for the meeting on Wednesday night; next council meeting will be August 16, 1982. With no further business, meeting adjourned at 8:18 p.m. August 16, 1982 The regular scheduled meeting of Mayor and Council was held August 16, 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, Librarian Doris Morris, Building 4 Inspector Larry Dunn, Civil Defense Director Jim Farley and representatives of the press. August 16, 1982 - Continued Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. Citizen Reports: Thomas Williams of Carolyn Drive thanked Mayor Bacon and Council for their extra efforts in controlling the dogs in his neighborhood and said there has been a remarkable change. Sue Brissey said the signs on right of ways were decreasing and asked Mayor Bacon what progress we were making in eliminating them all. Mayor Bacon said we had hired an assistant to Larry Dunn, and his main job will be to enforce the sign ordinance and remove any that are illegal. Earle Cochran, Chairman of the Civil Service Board presented a letter of recommen- dation to Mayor and Council with the names of three candidates to fill the position of Fire Chief. The names submitted were: Jen (Pete) Paulsen, Sam Kenneth Gosa and Lt. Donn Milton Fleming. Elbert Coalson made a motion the names be turned over to the Public Safety Committee for their consideration, with a recommendation back to full council. Jim Hawkins seconded the motion which carried by a 7-0 vote. Mayor Bacon said the variance request by Plantation Lighting would be moved down on the agenda because Mr. Dave Caplan had not arrived. Variance: Mr. Bobby Cole requested a variance of 16.7 feet on the rear yard set- back for new construction of Smyrna Frame & Art Shop, at 1154 Concord Road. Mr. Y, Cole said he had two letters stating this his property is suitably zoned under Limited Commercial for his business. Jim Hawkins said that Limited Commercial does not allow for retail sales and felt this would be a retail sales store. Attorney Camp said our ordinance does not have a classification for art and frame shops but this could fall under office sales, which would be allowed under Limited Commercial. Mr. Cole said this would be a very attractive building and his plans were to have the entrance from Concord Road and exit onto King Springs Road. Jim Hawkins said we have had very serious drainage problems at this location and Mr. Cole said Jim Mallett has arranged for proper water -runoff. There was no opposition from the audience and Mr. Cole said he also owns the home adjoining this lot and has a letter from the property owner to the rear stating he has no objections. Jim Hawkins said he felt Mr. Cole should apply for rezoning on the property and made a motion the variance be denied, seconded by Jim Tolleson. Mr. Cole said he had not applied for a rezoning because he was told the property was properly zoned for his business. Mr. Camp said it was a matter of interpretation of the ordinance, whether or not the business could be classified as office sales. After further discussion, Jim Tolleson withdrew the second, and the motion to deny died for lack of a second. Max Bacon then made a motion the variance be approved, seconded by Elbert Coalson. Vote on the motion carried 5-2, with Jim Hawkins and James Williams opposed. Variance: Mr. Dave Caplan of Plantation Lighting requested a variance of 14 feet on the side yard to allow him to add onto the existing building. There was no opposition, and Max Bacon made a motion the variance be approved. Sarah Jones seconded the motion which carried by a 7-0 vote. Variance: H&M Transmission, 2310 Atlanta Road requested a variance on their required number of parking spaces from 20 to 15. Mr. Edward Mock represented the builder and said that should an overflow of parking occur, cars could be parked in the rear of the building, where approximately 4,000 square feet was paved with gravel. There was no opposition, and Elbert Coalson made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. Variance: Mr. Nick Kipreos requested a variance at 860 Concord. Raod for construction of a new restaurant. The ordinance requires a 20,000 square foot lot under General Commercial zoning and Mr. Kipreos said his lot contains approximately 18,000 square feet. Mr. Kipreos said he could comply with the front, side and rear yard set- backs and the parking would be combined with Fat Boy Restaurant, which he also owns. There was no opposition and Jim Hawkins made a motion the variance be approved. James Williams seconded the motion which carried by a 7-0 vote. Residential Business License: John A. Rape applied for a residential permit to operate a mobile auto maintenance service from his home at 1513 Roswell Street. Mr. Rape said his business would be conducted by telephone and he would go to people's home or business to service their vehicle. There will not be any work conducted at his home, and no storage. James Williams made a motion the license be granted, seconded by Jim Tolleson. Vote on the motion carried 7-0. August 16, 1982 - Continued Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and recorded as follows: (1) Woodland Apartments requested a permit for construction of 332 units at a total estimated cost of $3,800,000. Jim Tolleson made a motion the permit be approved subject to approval of Jim Mallett. Max Bacon seconded the motion which carried 7-0. (2) Smyrna Frame & Art Shop requested a permit for new construction at 1154 Concord Road at a total estimated cost of $50,000. Max Bacon made a motion to approve the permit, subject to approval of the Fire Marshal. Vote on the motion carried 5-2,'with Jim Hawkins and James Williams opposed. Sarah Jones made a motion that $4,550 be approved from the General Fund to pay the City's portion of the Wells Fargo Grant for the physical fitness gamefield at North Smyrna Park, to be paid in installments. Jim Tolleson seconded the motion which carried by a 7-0 vote. Sarah Jones made a motion that $16,704 be approved from the General Fund to pay the City's portion for the fence at North Smyrna Park. The,bids for the fence were requested and awarded by Cobb County. James Williams seconded the motion. Jack Shinall said he would have to vote against the motion because it was his understanding that the County would pay the full amount. Vote on the motion carried 6-1, with Jack Shinall opposed. Bid Opening: Bids for two air packs for the Civil Defense Department were opened, read and recorded as follows: Mine Safety Appliances Co. 5330 Snapfinger Woods Dr. Decatur, Georgia Firefighters Equipment, Inc. P. 0. Box 60189 Jacksonville, Fla. Harold's Sales & Service Co. 978 Industrial Park Dr. Marietta, Georgia Charles L. McLarty Co. 2579 Lawrenceville Hwy. Decatur, Ga. Counts Rescue Equipment, Inc. P.-O. Box 903 Ballentine, S.C. $2,370.00 $1,980.00 (Alternate to bids specified) $2,140.00 $2,254.00 (Alternate bid) $1,938.0o James Williams made a motion the bids be referred to committee with their recommen- dation back to full council. Jim Hawkins seconded the motion which carried by a 7-0 vote. $1,450 was budgeted for this equipment, and Willouise Spivey said the remainder could be paid from the General Fund. Request for Bids_: Jim Tolleson made a motion that bids be accepted for installation of gravity flow sewer lines to eliminate the Willowbrook pumping station, to be opened the second meeting in September. Two bids will be requested; one to bore under the railroad tracks, and the other to run lines through a culvert owned by the railroad. We have requested approval from the railroad to run the lines through the culvert, but have not received approval as yet. Sarah Jones seconded the motion which carried by a 7-0 vote. James Williams made a motion a recording system be purchased from Motorola for the Police Department rather than request bids, since Motorola is the only company that makes a recorder compatible with their existing system. The total price of the recorder is $25,811, to be obtained on a lease -purchase agreement, with pay- ments spread over a 5-year period. This recorder was approved in the 1982-83 Revenue Sharing budget. Jack Shinall seconded the motion which carried by a 7-0 vote. Attorney Camp stated that this council could only approve a contract for the duration of its administration. James Williams amended his motion to state that the contract be approved for the duration of this administration with a recommendation that the next administration continue the lease. August 16, 1982 - Continued Approval of Millage Rate: Jim Hawkins said the State had factored our tax digest and increased property assessments by 9%, and made a.motion the millage rate for 1982-83 be reduced from 13.75 to 13.25 which was the recommendation of the Finance Committee. Jack Shinall said he would vote against this motion because it would be voting for a tax increase. Max Bacon said he was also opposed and felt we could lower taxes one mill and still have enough in excess funds for unbudgeted items which will have to be paid from this budget. Jim Hawkins said with the new tax rate, taxes on a $60,000 home would increase $10.00 per year and felt the one-half mill rollback was justifiable. The excess funds are needed for future growth and expansion and will also be used to give a 5% pay increase to all city employees, which is well deserved. Jack Shinall said he felt we had not budgeted correctly and according to his figures we could approve a one mill rollback and still have $200,000 in unbudgeted funds. Also, he would not vote -for a 5% increase in pay because city employees have received a,172% increase over the last 2 years. After further discussion, Jim Tolleson seconded the motion to reduce the millage from 13.75 to 13.25 which carried by a 5-2 vote, with Max Bacon and Jack Shinall opposed. Jim Hawkins made a motion that all employees including department heads receive a salary increase of 5%, seconded by James Williams. Max Bacon said he would rather have the Finance Committee study the salary scale to see if it can be adjusted to still allow merit increases for,employees at the top of their range. Jack Shinall said it was time we had the scale.readjusted and would like to compare salaries with other cities before'approving an increase. Following discussion, vote on the motion carried 5-2, with Max Bacon and Jack Shinall opposed. Jim Tolleson made a motion that the hearing of the appeal of recorder's court by Ronald H. Cook be set for the first meeting in September. Jack Shinall seconded the motion which carried by a 7-0 vote. Mayor Bacon said that in June, the City adopted a resolution regarding the availability of single family mortgage loans under the Housing Authority of Cobb County. The ordinance has been resubmitted for approval. Willouise Spivey explained that the only difference in this ordinance and the one previously approved was in the first paragraph. The original ordinance called out the amount of the bond issue and this one calls for one or more series of bonds. Jim Tolleson made a motion the Mayor be authorized to sign the resolution. Jim Hawkins seconded the motion which carried by a 7-0 vote. Mayor Bacon stated the first Monday in September would be Labor Day and we would need to change the meeting date. Elbert Coalson made a motion the first meeting in September be set for Tuesday, September 7th. Jack Shinall seconded the motion which carried by a 7-0 vote. Sarah Jones made a motion a parade permit be issued for Smyrna Athletic Association for their opening day activities on August 21st. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports: (Streets) Elbert Coalson read a letter from Vic Broyles listing several paving projects requiring approval, and said they would be on the agenda for the next meeting. (Library) Doris Morris said the summer reading program had ended, with 37 contest entries which were all on display at the Library. (Privilege License) Jack Shinall stated that all business licenses for alcoholic beverages have been paid for the year. (Inspections) Max Bacon said that Mr. Gene Golden had been hired in the Inspections Department and hopefully within the next few weeks we will see a great improvement in the enforcement of our ordinances. Max Bacon said there are several businesses in Smyrna now that do not have paved parking, including entrances and exits, and would like for all these to be required to have their parking lots paved. Max Bacon recognized Commissioner Harvey Paschal present in the audience. (Sanitation) Jim Tolleson said the supplier of our underground garbage can units has gone up on their prices again. We are selling the units for $100 now, and are paying $112.93 for them. This will be brought up at the next meeting to increase rates to our customers. Also, he has received questions from citizens about our August 16, 1982 - Continued sanitation department workers leaving their liners upside down. Jim said when this happens, it means the liner is worn out and they should come to City Hall to purchase a new one. Announcements: Mayor Bacon reminded everyone of the Jonquil Breakfast on Wednesday and the next council meeting on September 7th. With no further business, meeting adjourned at 8:55 p.m. A THUR T. BACON, MAYOR WILLOUISE SPIVEY, CITY CLERK JA, S) E. TOLLESON, WARD 1 MAX BACON, WARD 2 AE WILLIAMS, WARD 3 AMM.'HAWKINS'�,WARD SHINALL, WARD 5 SA H JONES, WA 7 ELBERT R. COALSON, WARD 6 z BUILDING INSPECTOR I, Carlton Eugene Golden , do solemnly swear that I will well and truly demean myself as Building Inspector of the City of Smyrna for the ensuing term, and that l will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as BUILDING INSPECTOR act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 9th day of August, 1982. Building Inspec r Seal CITY MARSHAL I, Carlton Eugene Golden , do solemnly swear that I will well and truly demean myself as City Marshal of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY MARSHAL act as I believe for the best interest of the said City. So help me God. t City Marshal Sea Subscribed and sworn to before me this 9th day of August, 1982.