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10-03-1983 Regular MeetingOctober 3, 1983 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on October 3, 1983 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 except Elbert Coalson who was recovering from surgery. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Librarian Doris Morris, Assistant City Clerk Melinda Hiatt and representatives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Citizen Reports: Jack Halpern of Belmont Hills Shopping Center expressed his appre- ciation for the City responding so quickly in correcting a problem he had with dump- sters behind the shopping center. Dot Mathis and her attorney, Cal Long, complained that she was being treated unfairly by city officials. Ms. Mathis owns the Spring Road fruit and produce stand and said she had received a letter from Mr. Golden stating that she must have at least 3 paved parking spaces to be in compliance with our ordinance. She had already spent $600 to have her building moved back from the right of way and she was later told by Mr. Golden that she would have to move the building back another 50 feet. Ms. Mathis said she was being treated unfairly, and felt it was because Jim Tolleson did not want her business in his neighborhood. Mary Stewart, a resident of Camp Highland Road said after the last council meeting she had called Chief Little about the construction noise from the Highlands Indus- trial Park late at night and thanked him for putting a stop to it. Presentation: or the quarter Department. Harold Hobbs of the Smyrna Lions Club presented the first Employee award to Gene McIntyre, Aquatics Director of the Parks & Recreation Attorney Camp read a proclamation for World Lions Service Day, October 8, 1983, and presented it to Mr. Hobbs. Privilege License: Munford, Inc. requested a beer package license for a new Majik Market at 1338 Concord Road. There was no opposition from the audience. William Henry Carson, applicant, said this would be a self-service Amoco station and Majik Market which should be an asset to this location. Jim Hawkins stated a letter was submitted from James Andrews, a resident living within the 200 foot radius, waiving the distance requirement. The two other houses also within the 200 foot radius are zoned Future Commercial' and not within the restriction of the distance requirements. Max Bacon made a motion the license be approved. James Williams seconded the motion which carried 4-2, with Jim Hawkins and Jack Shinall opposed. Rezoning: Henry G. Kalb requested rezoning of property in Land Lots 607 & 618 from Residential to Light Industry. Mr. Kalb and Wylie Wall, in opposition, were sworn 'in by Attorney Camp. Mayor Bacon said at the last meeting there was some question about the possible weight restriction of vehicles on Camp Highland Road. Since that meeting, he had called the County engineering department and found that there was no specific restriction on weight or size of vehicles. Mr. Kalb said since the last meeting he had been contacted by a man who owned property near his, and was told that his was zoned Heavy Industry. Mr. Kalb said he then checked the county records and found that a very small portion of his property was also zoned Heavy Industry and most of the surrounding property was also zoned Heavy dr Light Industry. Mr. Wall said he objected for the same reasons. as before; this was his home and he wanted to stay there. Mr. Kalb said he had no immediate plans to develop the property; they were still trying to settle his mother's estate and get an appraisal. After further discussion, Sarah Jones made a motion the zoning be approved. Jim Tolleson seconded the motion. Jack Shinall said he would not support the motion because the property was so narrow he felt it would be difficult to develop. Voting for the motion was Sarah Jones, Jim Tolleson and James Williams. Opposed was Max Bacon, Jack Shinall and Jim Hawkins. Mayor Bacon voted in the affirmative to break the tie and approve the zoning. Annexation: Raymond D. Moon requested annexation of 43.4 acres in Land Lots 671, 672 and 698, the legal description having been read and made a part of the minutes of the September 6, 1983 meeting. There was no opposition from the audience. Mr. Moon said that along with the annexation, he would also require a variance on the front setback for 9 lots, from 40 feet to 30 feet, due to the terrain of the prop- October 3, 1983 - Continued erty. This will be another phase of Cedar Cliffs Subdivision, with homes priced from $110,000 up. Max Bacon made a motion the property be annexed to become a part of Ward 2 and the variances approved as requested. James Williams seconded the motion which carried 6-0. Max Bacon made a motion the rules be suspended to place a motion on the floor. Jim Hawkins seconded the motion which carried 6-0. Max Bacon made a motion that Raymond D. Moon Builders be given approval for use of a construction trailer at their new development for a one year period. James Williams seconded the motion which carried 6-0. Variance: Terry Abney and Wayne King requested a variance for construction of a new Hardee's at Dickson Shopping Center. Two variances were requested; one for the side yard setbacks on both sides of the building and the other to use a 6 foot monu- ment type sign. There was no opposition and Jim Hawkins made a motion the variance be approved. Jack Shinall seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Sarah Jones and recorded as follows: (1) Pizza Hut, 2542 Atlanta Road requested a permit for an addition at a total estimated cost of $14,000. Sarah Jones made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Jim Hawkins seconded the motion which carried 6-0. (2) Hardees requested a permit for new construction at 3212 South Cobb Drive at a total estimated cost of $199,000. Sarah Jones made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. Residential Business License: Betty Chartier reques Best Choice Enterprises, 4246 Antler Trail. There wa; said she located apartments in need of renovation of business telephone in her home. She understood the also had a petition from her neighbors within a 300 no objections. Sarah Jones made a motion the license onded the motion which carried 6-0. red a residential license for no opposition. Mrs. Chartier repair and wanted to have a home occupation ordinance and foot radius stating they had be approved. Jim Tolleson sec - Validation of Signatures: Attorney Camp read an application for annexation by Hobart Early and George Artress 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, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69904 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: PARCEL 1 All that tract or parcel of land lying and being in Land Lot 549 and 548 of the 17th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey for Hobart Early made by Mayes, Sudderth and Etheredge, Inc., dated September 6, 1968, and being more particularly described as follows: BEGINNING at an iron pin at the point of intersection of the southwest side of Cooper Lake Road with the west land lot line of Land Lot 549; running thence southerly along the west land lot lines of Land Lot 549 and 548 a distance of 1637.63 feet to an iron pin on the north side of Seaboard Airline Railroad right of way; running thence easterly along the north side of Seaboard Airline Railroad right of way 232.12 feet to an iron pin; thence north 17 degrees 18 minutes 40 seconds east 95 feet to a point; thence south 72 degrees 41 minutes 20 seconds east 153 feet more or less to the centerline of a creek; thence running in a generally northerly direction along the centerline of said creek and following the meanderings thereof 2,083 feet more or less to the south side of Cooper Lake Road; running thence westerly and northwesterly along the south and southwest side of Cooper Lake Road 853.34 feet more or less to the iron and the point of BEGINNING. PARCEL 2 All that tract or parcel of land lying and being in Land Lots 547, 548 and 549 of the 17th District, 2nd Section, Cobb County, Georgia, being more parti- cularly described as follows: BEGINNING at the point of intersection of the east line of Land Lot 547 with the October 3, 1983 - Continued northeast line of right of way of the Seaboard Airline Railway, said right of way being 170 feet in width at the point of beginning; running thence north 74 degrees 10 minutes west along the right of way of the Seaboard Airline Railway 832.3 feet; thence north 15 degrees 50 minutes east 95 feet; thence north 74 degrees 10 minutes west 150 feet, more or less, to the center of a creek; thence northeasterly along the centerline of said creek and following the meanderings thereof 1,043 feet, more or less, to the junction of the centerline of said creek with the centerline of a tributary branch; thence northeasterly along the centerline of said branch and following the meanderings thereof 918 feet, more or less, to the east line of Land Lot 549; thence south 1 degree 4 minutes east along the east line of Land Lots 549, 548 and 547, a distance of 1,611 feet, more or less, 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/MILDRED E. EARLY, DAVID LOGEL & MARY L. ARTRESS Sarah Jones made a motion the signatures be validated and the public hearing set for November 7, 1983. Jack Shinall seconded the motion which tied 3-3. Voting for was Sarah Jones, Jack Shinall and Jim Hawkins. Opposed was James Williams, Max Bacon and Jim Tolleson. Mayor Bacon voted in the affirmative to break the tie and carry the motion. Validation of Signatures: Attorney Camp read an application for annexation by Paul J. Chastain 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, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69904 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 Original Land Lot No. 349 of the 17th District, 2nd Section, Cobb County, Georgia, as shown by plat dated Sep- tember 19, 1983, made by Paul Lee Consulting Engineering Associates, Inc., being more particularly described as follows: BEGINNING at an iron pin located on the northerly right of way of Pat Mell Road (said road having a 40 foot right of way) 274.9 feet east of the intersection of the northerly right of way of Pat Mell Road with the old right of way line of Old Concord Road (as it existed in 1967 which was a 30 foot right of way), said POINT OF BEGINNING also being the southeast corner of property now or formerly owned by William M. Watson and Ernest W. Barrett; running thence north 01 degrees 51 minutes 36 seconds east 465.70 feet to an iron pin; running thence south 67 degrees 48 minutes 50 seconds east 175.70 feet to an iron pin; running thence south 03 degrees 11 minutes 39 seconds west 406.80 feet to an iron pin located on the northerly right of way of Pat Mell Road; running thence north 87 degrees 23 minutes 39 seconds west along and following the curvature of the northerly right of way of Pat Mell Road 155.3 feet to the iron pin located at 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/PAUL J. CHASTAIN Jim Hawkins made a motion the signature be validated and the public hearing set for November 7, 1983. Jack Shinall seconded the motion which carried 6-0. Validation of Signatures: Attorney Camp read an application for annexation by Mar- guerite D. Little 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, 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 October 3, 1983 - Continued 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: BEGINNING at a concrete monument on the west right of way of Jonquil Drive, 581.4 feet south of Old Spring Road; thence southeasterly along the west right of way of Jonquil Drive 99.5 feet to a point; thence north 86 degrees, 44 minutes 13 seconds west a distance of 170.00 feet to a point; thence north 3 degrees, 46 minutes 15 seconds east a distance of 44.14 feet to the south right of way of Spring Road; thence north 60 degrees, 23 minutes 35 seconds east a distance of 132.57 feet along the south right of way of Spring Road to a point; thence south 61 degrees, 48 minutes 06 seconds east a distance of 43.63 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/MAR- GUERITE D. LITTLE Max Bacon made a motion the signature be validated and the public hearing set for November 7, 1983. James Williams seconded the motion which carried 6-0. Bid Opening: Bids for the re -roofing of three city buildings were opened, read and recorded as follows: Tri-County Roofing Main Fire Station - $1,220 City Hall Annex - $7,220 Fire Station #3 - $7,860 Better Industries Fire Station #3 - $5,540 Main Fire Station - $2,360 City Hall Annex - $5,040 A&R Building Maintenance City Hall Annex - $10,314 Fire Station #3 - $13,550 Main Fire Station - $2,100 Jim Hawkins made a motion the bids be turned over to the Finance Committee with authority to award the low bid. Jim Tolleson seconded the motion which carried 6-0. Bid Opening: Bids for three (3) pickup trucks for the Water Department were opened, read and recorded as follows: Neal Pope Ford $8,085.31 ea. (V8 with air conditioning & radio) $7,104.46 ea. (6 cylinder) Wade Ford $8,150.00 ea. (V8 with air conditioning & radio) $7,237.00 (6 cylinder) Capital Ford Truck Sales $8,646.91 ea. (V8 with air conditioning & radio) $7,717.28 ea. (6 cylinder) Jim Tolleson made a motion the bids be turned over to committee with authority to act on the low bid, seconded by James Williams. Jack Shinall said there was a very small difference in the bid from Wade Ford and the one from Neal Pope and would like to award the bid to Wade Ford since they are located in the City. After discussion, the motion and second were withdrawn. Jim Tolleson then made a motion the bids be turned over to committee with authority to act on the lowest reasonable bid that meets specifications. James Williams seconded the motion which carried 5-1, with Max Bacon opposed. Jim Hawkins said the curbing bids for McLinden, McCauley and Medlin Streets have not been mailed due to the red tape involved in the Block Grant program and made October 4, 1983 - Continued a motion this item be removed from the agenda. Jack Shinall seconded the motion which carried 6-0. Jim Tolleson said that bids were opened September 6th for the repair or removal of the water tower. The lowest bid received was from Rumsey Steeplejacks at $19,325 to repair, and $7,950 to remove. Jim David had recommended the tower be removed due to deterioration and the possibility that stagnant water may get into our water supply. Jim Tolleson made a motion Rumsey Steeplejacks be awarded the bid to remove the water tower. Jim Hawkins seconded the motion which carried 6-0. Jim Tolleson said the committee had recommended the bid for a garbage truck be award- ed to Commercial Equipment at $49,984.27. This was not the lowest bid submitted, but it was closer to meeting our specifications. This truck has a larger capacity and will save on trips made to the dump. Jim Tolleson made a motion the bid be award- ed to Commercial Equipment. Max Bacon seconded the motion which carried 6-0. Approval of Minutes: Jim Hawkins made a motion the minutes of September 6, 1983 be approved as submitted. James Williams seconded the motion which carried 6-0. James Williams made a motion the minutes of September 19, 1983 be approved as sub- mitted. Jim Hawkins seconded the motion which carried 6-0. Jim Tolleson said Jim David had been asked to contact the State about signalization of traffic lights at Spring Street and Village Parkway. Jim said the light is needed now, and traffic is picking up every day. A bid was received from A&P Signal Company for $12,900 and $500 to upgrade the light on Spring at Glenroy. These two lights would be synchronized to not cause any delay. Jim Tolleson made a motion that $13,400 be approved to install these lights, to be paid from State Grants. James Williams seconded the motion which carried 6-0. Jim Tolleson made a motion the Mayor be authorized to sign a contract with Complete Refuse Removal to handle all commercial and apartment customers. Also included in the contract"is a rate increase for these customers. Jim said the changeover would go into effect November 1, 1983. Max Bacon seconded the motion which carried 6-0. Committee Reports: Jack Shinall said at the last meeting he had asked about the timing on the trafflc lights on South Cobb Drive at Church, Cherokee and Powder Springs Street and asked Vic Broyles for a report. Vic said they had requested the State to check into this and were waiting for a report from them. Jim Hawkins said he had been trying for a long time to get curbing approved for McLinden, McCauley and Medlin Streets and wanted to assure the people living there that he was not giving up and we will get bids out. Jim Tolleson said Dot Mathis at the Spring Road fruit stand had been given a letter stating that today was the deadline for her to bring her business in compliance with our ordinance and asked Mr. Camp what action we should take. Mr. Camp said we could either have a show cause hearing as to why her license should not be revoked or handle as a nuisance complaint and filed in Superior Court. Mr. Camp suggested they wait to give him another chance to talk to Ms. Mathis' lawyer again before taking any action. (Library) Doris Morris reported on library activities and said that Smyrna Cable TV was now televising their pre-school storytime on Wednesdays. Mayor Bacon read a letter from Dr. Bennie Norton requesting that Fawn Lane be re- opened and the cul-de-sac extended to allow the construction of 8 homes in his new development. This street was closed in 1974 but was not posted or advertised as it should have been. Mr. Camp said before the street is re -opened it should be prop- erly posted and advertised. Sarah Jones then made a motion the rules be suspended to place a motion on the floor. Jim Hawkins seconded the motion which carried 5-1, with Max Bacon opposed. Jim Hawkins made a motion the re -opening of Fawn Lane be posted and advertised for a public hearing to be held October 17, 1983, seconded by Sarah Jones. Max Bacon said he felt they were acting too quickly in setting the hearing for the next meeting without knowing more about their plans. After discussion, Jack Shinall made a motion this be tabled to the next meeting, seconded by Max Bacon. Vote on the motion tied 3-3, with James Williams, Max Bacon and Jack Shinall for; Sarah Jones, Jim Tolleson and Jim Hawkins against. Mayor Bacon voted against the motion to table, and break the tie. I October 3, 1983 - Continued Jim Hawkins then made a motion a public hearing be set for October 17th to consider the re -opening of this street. Sarah Jones seconded the motion which. carried 4-2, with Max Bacon and Jack Shinall opposed. ` ^ With no further business, meeting adjourned at 9:26 p.m. October 17, 1983 The regular scheduled meeting of Mayor and Council was held October 17, 1983 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 except James Williams who was out of town. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. Citizen Reports: Morris Howell, owner of Park and Pawn on South Cobb Drive complained of vandalism in the shopping center where his business is located. Mr. Howell said his personal car had been damaged with a hammer and two months ago, four vehicles that had been pawned had received broken windows and punctured tires.- Chief Little said his people had been working on this and would like to meet with Mr. Howell later to see what could be worked out. Mac Reeves, owner of McArthur Park next door said Mr. Howell had some harsh words to say to him after these incidents occurred but he had done everything he knew to make his business safer and had also made a number of improvements to the outside. Mac said they also had been having problems and wanted to do what they could to re- solve them. Mayor Bacon suggested the two men meet together and try to work out their differences. Max Bacon stated that Bob Arnold had served the City for 10 years on the Parks and Recreation Commission, and was Chairman the last 4 years with unquestionable leader- ship. Max read a proclamation for Bob Arnold Day, October 17th. Max also presented Mr. Arnold with the traditional crystal jonquil. Mayor Bacon recognized members of Boy Scout Troop 732 who attended the meeting to receive credit toward their communication merit badge. Max Bacon made a motion that Charles Cook be appointed to the Parks and Recreation Commission to fill the unexpired term of Bob Arnold, representing Ward 2. Jim Tolleson seconded the motion which carried 6-0. Fawn Lane Opening: Mayor Bacon said we had received a request from Dr. Bennie Norton to extend the dead-end of Fawn Lane approximately 200 feet for construction of 8 or 9 homes at the end of a cul-de-sac. This street was closed by council action in 1972, but was not properly advertised. Dr. Norton said at the present time, the lots where the homes are to be built are in the county but they would probably be annexed into the City. The re -opening of the street was posted and advertised for 2 weeks in the newspaper, and there was no opposition from the audience. Jim Tolleson said if the homes are built the City would actually be making first reponse calls for police or fire protection and felt we should annex the property before taking any action on the street. Max Bacon said he had talked to Dr. Norton and felt the property would be annexed. After further discussion, Sarah Jones made a motion the street be re -opened for the construction of these homes. Elbert Coalson seconded the motion which carried 6-0. Residential Business License: Randy Place requested a residential business license for Musicade, 1021 Church Street, apartment A-5. There was no opposition and Mr. Place had a letter from the apartment management stating they had no objection. Mr. Place said he will be placing bands and musicians by telephone and they would not be coming to and from the apartment. Jack Shinall made a motion the license be approv- ed. Max Bacon seconded the motion which carried 6-0.