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09-21-1981 Regular MeetingContinued - September 1, 1981 with a written -report of such action listing the name of the individual, nature of.the offense and cause for such action, during which time the Mayor and Council or Chief of Police shall ha�e the right to interpose any objection to.the Court for such order.. Such sealed records shall be kept apart from the regular files of the Police Department and the:City, under lock, and shall not be a part of the records of Smy'rna Police Department and shall not be subject to review, comment or report.by the City or any,of.its Departments except upon.specific request for sealed report by criminal . justice officials.. Any-such.orde ' r,.so expunging the records of an individual who has been arrested, shall in no way constitute an adjudication of any illegal or wrongful action on the part of.the arresting officer, or..of the.City. Elbert Coalson.made a*motion this ordinance amendment be approved, seconded by Jack Shinall. Chief Little said as'long as the information would be available to the criminal justice officials, he had no problem with the ordinance. Attorney Camp said the main area where the ordinance would apply would be to'youthful offenders who*are not eligible to be tried in juvenile court. This would be for a first time, or even second time basis for a different offense. Vote on approval of the ordinance carried'5-1-1. Jim Hawkins voted against the motion and Max Bacon abstained. John Steely said he wanted the employees to understand that he wants them to have raise, and they deserve one. His only objection to it being brought up tonight is that he wants to be fair to them and if salaries are adjusted, it should be from the'bottom of the scale and not the top. Announcements: CMA-meeting September 8th at Smyrna City Hall; next council meeting September 21, 1981. With no further business, meeting adjourned at 8:37 p.m. September 21, 1981 The regular scheduled meeting of Mayor and Council was held September 21, 1981, at Smyrna 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 Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Public Works Director Jim David, Parks and Recreation Director Bill Johnston, City Attorney Charles Camp, City Clerk Willouise Spivey, Civil Defense Director Jim Farley, Building Inspector Dan Steely and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Proclamation: Mayor Johnson stated the President has declared the week of September 20-26, 1981, as National Cystic Fibrosis Week and recognized poster child Susan Abdinoor along with her parents who reside at 4282 Antler Trail in Smyrna. Mayor Johnson read a proclamation for Cystic Fibrosis Week in Smyrna and presented it to the Abdinoors along with his best wishes. Citizen Reports: Opal Bird of 705 Burbank Circle stated she and her husband supported a substantial pay increase for our policemen. Wink Winkenhofer stated he was in support of pay increases for city employees and felt if Council did not take this opportunity to increase salaries*substantially, we would lose a lot of good employees. Mr. Winkenhofer said he felt the employees needed the pay raise more than the taxpayers needed a small tax cut, and urged council to look for other ways to cut expenses. Rezoning: Reed Konigsmark requested rezoning of property on Cherokee Trail from R-15 to RD for the construction of one duplex. Elbert Coalson presented a petition, to be made a part of these minutes, signed by 27 residents of Cherokee Trail in opposition to the,rezoning. Mr. Konigsmark said he felt sure the units could be rented for $450 per month, which would attract desirable tenants, and he Continued - September 21, 1981 had not even considered the idea of later rezoning the property to a future commercial use. At the Planning and Zoning Board hearing, Mr. Konigsmark stated he would request a 30 foot front yard setback.' to be in line with other houses on the street. However, he would be willing to conform with the 35 foot setback requirement. Parking would be accommodated by a driveway on each end of the building. Mr. Konigsmark said the lot was never developed, because it was not suitable for single�family construction because it had no back yard. The lot was suitable only for duplex -type developments, or commercial use. Also, he did not anticipate any' drainage problems from the development. After discussion, Elbert Coalson made a motion the rezoning be denied. Jack Shinall seconded the motion which carried -by a 7-0 vote. Rezoning: Reed Konigsmark requested rezoning of property on Whitfield Street from R-15 to RD, for construction of two duplexes. There was no opposition, and Jerry Mills made a moiton the property be rezoned as requested. John Steely seconded the motion. These will be single -story buildings and will blend with other homes in the neighorbood. Vote on the motion carried 7-0. Variance: Max Johnson requested a side yard variance on two lots in Falling Waters Townhouse �ubdivision on Park Road. The request was that the required side yard on lot 1, Block "A" be reduced from 35 feet to 12 feet, and on lot 1, Block "B", from 35 feet to 20 feet. Jim Tolleson said he and Mr. Johnson have both talked with the homeowners at ' Farmstead and they have no objections to the variances,- and made a motion the variance request be granted * Jack Shinall seconded the motion. Max Johnson -was not present, and -following discussion, Jim Hawkins made a motion this request be tabled until he could be here to answer questions from council members. John Steely seconded the.motion to table, which carried, -by a-4-3,vote. Voting for the motion,was Jim Hawkins, John Steely, Max Bacon and Jerry Mills. .-Voting,against was Jim Tolleson, Jack Shinall and Elbert Coalson. Residential Business License: Elaine Brown of 1160 Pinehurst Drive requested a residential license allowing her to take telephone orders.for,balloon bouquets which would be delivered to birthday parties, hospitals, etc. A petition was submitted by residents on the street saying they'had*no objections. Jim Hawkins made a motion the permit be approved. John Steely seconded the motion which carried by a 7-0 vote. Transfer of Wine and Malt Beverage License: Robert S. Wing, 783 Birchwood Road, Marietta, Georgia requested a transfer of license for the sale of,wine and -malt beverages at Peking Garden Chinese Restaurant, 2526 South Cobb Drive. Mr. Wing stated he had read and understood the ordinances, and Jack Shinall made a motion the license be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. Commercial Building Permits:. Commercial building permits.were presented by Inspector Dan Steely-and.are recorded -as follows: (1) Chevron Station at Spring Road and Bell Drive requested a permit for the renovation -of the interior portion of the building and addition of self-service pumps, at a total estimated cost of $39,400. Jim Tolleson made a motion the permit be approved. John Steely seconded the motion which carried by a 7-0 vote. (2)-. Belmont HUls Shopping,Center,, 1030-7 Cherokee Road requested.a permit to install a coin operated laundry,,�at an estimated -cost of�$20,000.­Jerry Mills made a motion the permit be approved, subject to,approval by the Fire Marshal. Jim Hawkins seconded the -motion which carried by a 7-0 vote. , (3) �Abuilding permit was requested.for�2528 Spring Road for renovation of the. interior of the building at a total estimated -cost of $20,000. Jim Tolleson made a motion the permit bb approved-, seconded by Max Bacon. Vote on the motionzcarried 7-0. - - I Discussion of Tax Increase: Jim Tolleson said the State had factored the 1981 Cobb County tax digest, increasing ourtax receivables by 13%. In an effort to help our employees and the taxpayers at the same time, he would like to make a motion that all City employees, excluding department heads, receive a 7-12% cost of living increase, effective October 1, 1981, and that the millage rate be reduced by one -quarter mill. Jim Hawkins seconded the motion. Continued - September 21, 1981 John Steely said he was going to vote against the motion because he had come up from nothing, to a 5% raise, as a compromise. John said he knew the employees needed a raise, but we also need a rollback in taxes and he did not feel that one -quarter mill was enough. I I Elbert Coalson said he would like to see employees receive 10% across the,board, but would agree to.compromise at 7-1,%. Jack Shinall said he also started at nothing in the way of raises for employees although he was convinced they needed one, but felt we also had to be fair to the citizens. His proposal was for.a 5% cost of living raise and a one -mill tax rollback, hoping that..with continued growth, next year would be better. Jack said he definitely could not support a 71-,% raise and one -quarter mill rollback. Jack said his figures indicated this proposal would total $210,000 and the total tax increase to the City was $272,000, or $247,000 if it was figured a different way. It had already been agreed that this money would either go into a tax roll- back or in employee raises, and therefore could not vote for this motion.. Jerry Mills said he knew the employees needed a raise, but it had been agreed that the City would not retain any of the additional revenues. A quarter -mill rollback totaled $33,000, which was not much. He would have to vote against the motion because of the.City retaining so much of the money in its coffer.. Jim Hawkins said they seemed to be working -with a different set -of figures than what he had, and.if there was such a large surplus of money we may as well go with 10% raises. City Clerk Willouise Spivey said if millage was reduced one -quarter mil 1, which would include public utilities and personal property which also includes auto- mobile taxes, we would receive $2,167,509. When you deduct what was actually budgeted, it would leave $202,434, and a 7-12% increase equals $170,000. There was,considerable discussion concerning the accuracy of the figures, and Max Bacon asked Ms. Spivey.how much excess money we would have with a 7-12% increase and one -quarter mill rollback. -.Mayor Johnson answered that the present millage at 14 would bring in $241,841. If you rollback one -quarter mill, it reduces that figure to $202,434, leaving a difference of $40,000. Jack Shinall said he disagreed with the figures. The projected budget was $1,600,000, and the 1981 assessments times 14 mills equals $1,872,500. The actual overage at 14 mills is $247,647. Mayor Johnson said we did have a windfall of about $25,000 in the budget, from anticipated natural growth. Max Bacon stated we would be opening proposals for health insurance at the next meeting and any extra money may be needed if there is a substantial increase in our insurance rates. Jim Tolleson also mentioned that the county had increased our dump fees by $21,000, which had not been budgeted. Following a question from Jim Hawkins, Jack Shinall said his figures indicated an overage of about $70,000. Jim Hawkins said he had been working with Ms. Spivey on these figures and he believed they were correct andwould stick to them. Mayor Johnson called for a vote on -the motion to increase salaries by 7-1,%, excluding department heads, and rolling the millage rate back one -quarter mill to 13.75. Vote on the motion carried 4-3. Voting for was Jim Tolleson, Max Bacon, Jim Hawkins and Elbert Coalson. Voting against was Jack Shinall, John Steely and Jerry Mills. Jim Tolleson read a letter from Eddie Bessette stating it was now costing the City $90.37 to install one underground garbage can unit, and we are charging the builders $85.00. He suggested raising the price for one unit to $100.00. Jim Tolleson made a motion the price of these units be increased to $100.00 Max Bacon seconded the motion which carried by a 6-1 vote, with John Steely voting against. Elbert Coalson made a motion that a loan of $450,000, due September 28, 1981, be renewed for a period of 93 days. Jim Tolleson seconded the motion which carried by a 7-0 vote. ' Revenue Sharing: Mayor Johnson stated thi's was the final hearing on the Revenue Sharing budget. There were no questions or comments from the audience. Willouise Spivey read the proposed Revenue Sharing budget as follows: Continued - September 21, 1981 ADMINISTRATIVE Air Conditioner Replacement $ 7,150 LIBRARY Books, Records, File $ 16,374 -Air Conditioner Replacement $ 7,170 CIVIL DEFENSE Repairs to Rescue Truck 33-R-23 $ 1,500 POLICE 4 - 1981 Poli.ce Pursuit Vehicles $ 31,000 2 - Motorla Mobile 4-Channel Radios & Sirens $ 3,400 .2 - Whelen Strobe Light.Bars (8029) $ 11100 3 - Motorola 4-Channel Walkie Talkies Model MT500 $ 2,550 FIRE I - Automobile $ 6,000 PARKS & RECREATION 1 - Fairmont Station Wagon $ 7,500 WATER/PUBLIC WORkS Copy Machine $ 2,700 STREETS 1 � Dump Truck $ 16,000 SANITATION 1 - Garbage Truck w/Packer $ 30,000 Low Boy Trailer - 30 Ton $ 8,000 WATER 3 - Economy Pickups $ 21,000 Tapping Machine (2) $ 1,500 $162,924 TOTAL Jerry Mills made a motion the budget be approved. John Steely seconded the motion which carried by a 7-0 vote. Jerry Mills made a motion that Cliff Yeager be reappointed to the Parks and Recrea- tion Commission, representing Ward 3. John Steely seconded the moiton which carried by a 7-0 vote. John Steely made a motion that Jim Brooks be reappointed to the Parks and Recrea- tion Commission, representing Ward 7. Jim Hawkins seconded the motion which carried by a 7-0 vote. Ordinance Amendment: Jim Hawkins made a motion that section 4-29(b) of the Code of Ordinances be deleted and replaced with the following paragraph: The owner of any dog impounded may, within five (5) days after notification, reclaim such dog upon the payment of an' impounding fee as set by Mayor and Council and on file as of the date of impoundment in the office of the City Clerk, plus a boarding fee as established by Mayor and Council and filed in the office of the -City Clerk as of the date of impoundment for the number of days any,such dog is boarded, and the cost of rabies innoculation, impounding fee and board. Jim Tolleson seconded the moiton. Attorney Camp stated that anytime a fee is changed in our Code of Ordinances,*we are required to have it reprinted, upon amendment, for insertion into the book. With the ordinance being worded this way, the fee may be changed from time to time without reprinting. Vote on the motion carried 7-0. Jim Hawkins stated the fees would be set at the next council meeting. Annexation Validation of Signatures: James C. Easterday and Walter R. Wiesboeck requested annexation of 1.20 acres located in Land Lot 631 on Spring Road. The application was read as follows: Continued - September 21, 1981 "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 Land Lot 631 of the 17th 'District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING commence at an iron pin placed at the intersection of the southerly right of way line of Spring Street (being a 40 foot right of,way) with the easterly right of way line of.Jonquil Drive Cbein'g"a 30 fdcit-`rigft'of way), thence running south 89 degrees, 57 minutes 20 seconds east 85.0 feet to an iron pin placed and being the TRUE POINT OF BEGINNING; thence running south 89 degrees, 50 minutes east 255_0 feet along the southerly right of way line of Spring Street to an iron'pin found; thence running south 00 degrees, 04 minutes 40 seconds east 170.3 feet to an iron pin placed; thence running southwesterly 157.7 feet along the north- westerly right of way line of Spring Road bein.g s'ubten'd6`d.by a.6hord haying, a bearing of south 59 degrees, 52 minutes 50 seconds� west'and a distance of 157.67 feet to an iron pin placed; thence running nortC89�'degrees, 46 minutes 20 seconds west 33.5 feet to an iron pin placed; thence running north OO'degrees', 04,.minutes 40 sec"onds west 70.0 feet to an iron pin found; thence running north'89 degrees; 57 minutes 20 seconds west 85.0 feet to an iron pin placed,; thence running north 00 degrees, 04 minutes 40 seconds west 180.0 feet to an iron pin placed on the southerly right of way line of Spring Street and being the TRUE POINT OF BEGINNING; said property containing 1.20 acres as per that certain Plat of Survey dated December 4, 1974, revised September 10, 1981, made for Walter R. Wiesboeck and James C. Easterday by Delta Engineers & Surveyors, Inc., Smyrna, Georgia. 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/JAMES C. EASTERDAY s/WALTER R. WIESBOECK 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/WILLIAM R. GIBSON" Attorney Camp stated the wrong form had been used for this annexation request and there are no electors resident on this property. Mr. Easterday and Mr. Wiesboeck are the property owners. Jim Tolleson made a motion the signatures be validated and the public hearing be held October 19, 1981. Jerry Mills seconded the motion which carried by a 7-0 vote. Committee Reports: Jim Tolleson made -a motion that item 6 be brought off table, since Max Johnson had arrived at the meeting. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson told Mr. Johnson he had earlier made a motion to grant his variances, but there were some questions by members of council and it was decided to table. Jim Hawkins asked Mr. Johnson basically, why he'needed the variances, and what he had discussed with homeowners at Farmstead. Mr. Johnson said these two buildings would be outside the development since they border Farmstead Condominiums on one side and Jonquil Park on the other. The homeowners association at Farmstead has agreed to the variance from 35 to 12 feet, which would leave about a 200-foot open space between their nearest building and his property. Mr. Johnson said he had a letter from the president of the association stating they had no objections. Also, there will be about 60 feet open space on the other unit bordering the park which will probably be used for basketball courts. Vote on the motion to grant these variances carried 6-1, with John Steely opposed. (Sanitation) Jim Tolleson read a letter from Complete Refuse Removal, Inc., stating 'they had no choice but to increase their rates due.to the new Cobb County landfill Continued - September 21, 1981 rate schedule. The increase will be 25 cents per apartment unit, and all other accounts will increase by 10 percent, effective September 1, 1981. This will result in a total increase to the City of $11,182.40. Jim said he would be meeting with his committee to decide what action to take. Max Bacon said he had an estimate from Public Works for sidewalking King Springs Road from Kingstowne Apartments to South Cobb Drive of $550.00. Max said he would turn this over to the Public Works Committee for their recommendation, to be brought up at the next meeting. Jerry Mills said he had no problem with the $550.00 request to sidewalk King Springs Road and was ready to take action on it tonight. Jerry Mills made a motion that $550.00 be approved from State Grants to sidewalk King Springs Road, from Kings- towne Apartments to South Cobb Drive. Max Bacon seconded the motion which carried by a 7-0 vote. Jack Shinall­581i'd*that since the Revenue Sharing budget.had been,approVed, he would like to make a motion that bids be requested on a small copy machine for the Public Works Department. Elbert Coalson'seconded the motion which calrried by a 7-0 vote. These bids will be opened at the Odtober 5th meeting. Jack Shinal 1 stated at the last Co6b Municipal Association meeting a representative from the aviation adthority made a.presehtation concerning the new runway needed at-Hartsfi-eld Inte�natl*onal Airport. Jack read a resolution in support of this new ruri�ay a's fo!Tbws:"- WHEREAS, Hartsfield International Airport is a vital component of,the economic structure of Atlanta and the State"of Georgia,"and WHEREAS, Atlanta is the unquestioned transportation hub of the southeastern United States with direct world-wide airline service, and WHEREAS, Hartsfield Airport provides employment to thousands of Georgians being the largest employer in Georgia's private sector, and WHEREAS, Hartsfield Airport pays its own way, being.completely operated at no cost to the taxpayers, and WHEREAS, the 4th parallel runway and other runway extension projects have been a part of the airport master plan since 1968, and WHEREAS, scheduled maintenance will soon require the complete shut -down of one of the three existing runways ans thus cause a drastic cutback of nearly 50% of Hartsfield's current service for about half a year -unless a 4th runway is constructed, and WHEREAS, new and quieter aircraft are presently replacing older noisey jets and new technology and even quieter aircraft are nearing completion with delivery to Atlanta'a airlines scheduled only two years hence; NOW, THEREFORE BE IT RESOLVED THAT the City of Smyrna recommends irhmediate commencement of the planned runway expansion program at Hartsfield International Airport. Jack Shinall made a motion this res6lution be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. Jack Shinall said he had been requested by the Street Department to make the two- way stop sign at Timberland and Parkwood a four-way stop. Jack asked council to take a look at the intersection and see if they felt it was needed, and it would be brought up at the next meeting for action. Elbert Coalson asked Jim David to check the timer on.the traffic light at Cherokee and Ward Street. Jack Shinall also asked him to check Powder Springs at South Cobb. (Police) Elbert Coalson asked that bids be sent out for four new police cars, from the 1982 Revenue' Sharing budget. Mayor Johnson asked Mr. Coalson to hold off on ordering cars now, until Ms. Spivey could work up a quarterly schedule for expenditure of these funds. Ms. Spivey asked all department heads to meet with her Wednesday at 10:00 a.m. to work out the schedule. tinued - SeDtember 21. 1981 John Steely said he did appreciate getting the sidewalks approved tonight for King Springs Road. Announcements: Next council meeting October 5, 1981; last day to register to vote in the City election is October 5, 1981.- With no further business, meeting adjourned at 8:50 p.m. �R NK B. J NK B. JOHNSM—,�lW'(OR WILLOUISE C. SPIVE I TY Cr ES E. TO N, WARD 1 MAX BACON, WARD 2 . I --'7-7 TO THE HONORABIE MAYOR AND COUNCIL OF THE CITY OF SMYINA: We, the undersigned, respectfully petition the mayor and Council ofl.the City of Smyrna to deny the request for rezoning the vacant lot on Cherokee Trail from R-15, single family, to multiple family, for the following reasons: 1. In 1955 and 1956 when the houses on Cherokee Trail were constructed, the land on which rezoning is now requested was ruled an "out -lot" by the City as, due to the topography and size, the property was unsuitable for a residence. The average size of the houses on Cherokee Trail is only 1200 sq. ft., and if it were feasible to build a house of that size on this property it would have been built at that time. 2. The residents of Cherokee Trail were informed by a letter received September 7, 1981, that it was proposed to build a duplex on this property, and that each side would be rented for between $450 and $500 to attract "desirable people." In order to obtain rent in that amount each unit of the duplex would have to contain at least 1800 sq. ft. or more, so both units would be at least 3600 sq. ft. If the City considered the property as unsuitable for 1200 sq. ft. how could it now be suitable for 3600 sq. ft. The topography of the property has not changed, nor has it grown an inch more of usable land. 3. It is doubtful that tenants could be found to pay $450 to $500 for a duplex on Cherokee Trail, and if not the rent would be dropped to $350 to $400; if it could not be rented for $350 to $400 to "desirable people" the rent would be less. 4. We are of the opinion that the true purpose of the request to change the zoning on this property is that it would be easier at a later date to have this property and the property adjacent on the southwest rezoned for business.if it were not in the R-15 classification. Cherokee Trail is a short, dead-end street, and we are proud of our well -kept homes. We feel that the residents and property owners have gone through too much harassment from individuals or groups trying to change our street for their own I profit, and respectfully request that the rezoning be denied. QUM WRIMM-1 F, I F� MR. - I - - - - I XMIO 1ORM-AMMIr 'd llavlt,�o /q 47vA-,yu1 7/s m p pp'PW . -p— /Y) o� yj NO -MA Iry YA 9M mill 011 1?9.s CVA-',I. It alt NAYIE ADDRESS �29AZJ �& C) 9�2 Cl sq.s