Loading...
10-19-1981 Regular Meeting (2)Continued - October 5, 1981 Commissioner Wit Carson was in the audience and following a question from Max Bacon, said he did not think it was possible to merge these two departments by January 1, 1982. Jim Hawkins said he hoped we would hold off on negotiations with the county until after the first of the year, with the new administration because this was something that would affect the City for many years. Jim said he did not think a lame duck Mayor and Council should handle this; he thought it was being handled propery through committee and should stay there. Commissioner Carson said this had caught him by surprise. His understanding was that Mr. Bacon was repre- senting the City and Mr. Paschal the County, in negotiations, and felt this action tonight might be a little premature. Following further discussion, vote on the motion failed 3-4. Voting for was Jerry Mills, Jack Shinall and Elbert Coalson. Opposed was Jim Tolleson, Jim Hawkins, Max Bacon and John Steely. Attorney Camp stated that legally, he did not think we could simply give up our fire department and tell the County it was up to them to provide protection for our citizens. Jim Tolleson said the grading on Pasadena Blvd. had begun, thanks to the efforts of a lot of people. (Sanitation) Jim Tolleson said that when garbage cans were left sitting out, it was because the can had a hole in it and trash would not be picked up until a new liner was purchased. Mayor Johnson said that 21 city streets were being resurfaced by the State under , the LARP program. The Fall Festival will be October loth, and the next council meeting on October 19th. With no further business, meeting adjourned at 8:55 p.m. ************************ October 19, 1981 The regular scheduled meeting of Mayor and Council was held October 19, 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 City Attorney Charles Camp, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Bill Johnston, Water Department Supervisor Larry Dunn, Building Inspector Dan Steely, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by John Steely, followed by the pledge to the flag. Citizen Reports: (1) Randall Courtney, owner of the'Jean Rustlers at 570 Cherokee Road was present representing a group of other business owners on Cherokee Road to call attention to an establishment recently opened on Cherokee Road called the Tattoo Parlor. Their complaints consisted of the nature of the business which., serves no significant benefit to the public, operating hours of the business; with people waiting outside for the owner to come in. There is loud talking and laughing, with other shopping center patrons being unwillingly exposed to the noise. There are also excessive signs and blinking lights giving the store an adult bookstore admosphere, with pictures of nude persons located in the front part of the business.' Mr. Courtney asked council to revoke the license of this establishment. Jerry Mills said the Police Department and Inspections Department should check the business concerning the nude pictures and report back to council with their recommendation if it was disorderly. Attorney Camp said we could not deny a person a legitimate business license and this has the cloak of legitimacy until proven otherwise. A license cannot be revoked without first having a show cause hearing and giving the owner an opportunity to be heard. Mr. Camp said the issuance of the license was proper, but as far as the nude photos are concerned, that is something that we will have to check out. Mr. Coalson said this was in his ward and he was unaware there was a tattoo parlor there. Also, he was surprised that Mr. Phillips would rent a building to someone having a business such as this. Mayor Johnson said our business license schedule did not have a specific category for a tattoo parlor and anytime a person applied for a license in the absence of a specific category, they were issued a -license under a general commercial category. Continued - October 19, 1981 (2) Sue Brissey of Havilon Way asked how many acres of land had been annexed into the City during the last four years and said she was under the impression that the purpose of annexation was to broaden the tax base. Ms. Brissey said her taxes have increased 91.14% during that period of -time and wanted to know how much money this land has paid to the City. Jim Tolleson said we expected to receive approxi- mately one-half million dollars from the Post Properties development alone, within the next 3 or 4 years, but it can't be done overnight. John Steely said if we were able to annex property that was already developed we would be able to see immediate results, dollar wise. It is much earier to annex raw land before development begins, because it is cheaper to develop in Smyrna. Annexation: Jim Tolleson made a motion that 1.20 acres located in Land Lot 631 on Spring Street, the legal description.having been read and made a part of the minutes of September 21, 1981, be annexed and made a part of Ward 1. John Steely seconded the motion which carried by a 7-0 vote. Rezoning: Elbert Coalson made a motion the rezoning request.by Gene Barnes for property located on Pat Mell Road be tabled to the November 2nd meeting, until such time as the property can be posted and readvertised. Jack Shinall seconded the motion which carried by a 7-0 vote. Variance: Concord Square Shopping Center requested a variance -on the required number of parking spaces, from 352 to 323, due to the configuration of the land and necessary site grading. Mr. David Rowe of Akin, Flanders & Rowe,represented the builder. r Jim Hawkins said when the property was originally zoned in 1979 for Mr. Donald Plunkett, he had agreed to several things; number one that a buffer zone be placed between the property and the street at Brown School to hide the back of the shopping center, and number two that no tractor -trailer trucks be allowed on Brown Circle. Mr. Rowe said that on his site plan they had eliminated the curb cut in the back and would allow right hand turns only so that traffic can come off Concord Road and turn right into the shopping center.. When they unload, they will make another right hand turn onto Brown Circle back to South Cobb Drive. Jim Hawkins said he had originally voted against the rezoning and thought it would be inconsistent of him to now vote for this variance. Jim Tolleson made a motion the variance be granted. Jerry Mills seconded the motion which carried by a 6-1 vote, with Jim Hawkins opposed. Variance: Mr. Leon Bizzell of 1185 Pinehurst Drive requested a rear yard variance for construction of a carport. There were several people in the audience opposed to the variance. Mr. Bizzell said he was building the carport to get his cars off the street, and did not have any plans for a business there. His request was to vary from the 5 foot requirement to within approximately one foot of the property line. Mr. Bizzell did not have a letter from the adjoining property owners stating they had no objections. Mr. Bizzell said the carport had been started months and months ago, and at that time his neighbors had no objections. The reason for putting it at that particular spot was due to the slope of his lot and any other location would require a good bit of grading. Attorney Camp said he felt sure the Smyrna Heights Subdivision had protective covenants which would restrict a building that close to the property line. Those restrictions, whatever the council decided, would prevent him from building there. Attorney Camp said Council'should consider the covenants on property in zonings, or in granting variances. Haze Edwards of 1175 Pinehurst Drive.objected, stating this construction would close a ditch that drains water all the way from Concord Circle to the rear of Mr. Bizzell's property. Mr. Edwards said to his knowledge, the variance was never posted; he read about it in the paper. Mr. W. L. Beavers said he owned property adjoining Mr. Bizzell and he had no objection to the construction, but felt he should comply with our building code. Jim Hawkins told Mr. Bizzell it was the normal course of action for council in granting a variance to take into consideration the feelings of the neighbors who would be`� affected, and they are not obligated to grant variances from the Code. In this case there were objections, and Jim made a motion the variance be denied. After further discussion Jim Tolleson seconded the motion which carried by a 7-0 vote. Residential Business License: Mr. Leon Bizzell of 1185 Pinehurst Drive requested a residential business license for an aerial photography business. There were several opposed. Mr. Bizzell said he needed to operate or direct his business out of his home, which would be strictly telephone work. There would be no signs, no noise or traffic. Mr. Bizzell said his business had been slow, and he wanted to close the Atlanta office. He has another office at the airport and all mapping or drafting work would be done at that location. Continued - October 19, 1981 Mr. T. C. Ledbetter of Pinehurst Drive said the paper stated the business license was for a photography studio which he would object to. He, and the others present were' here for that reason. Mr. Ledbetter said he had no objections, as long as there was no traffic or outside activity. Attorney Camp said the home occupation license ordinance itself prohibits any home occupation from having any traffic or outside advertising, signs, or retail sales. This ordinance was written to protect the other homeowners, and felt it would in this case. Mr. Bizzell also had a letter from 14 of his neighbors stating they had no objection to the residential license. After further discussion Jim Hawkins made a motion the license be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. Commercial Building Permits: (1) Smyrna Tire Company, 2690 South Cobb Drive requested a permit for expansion, at a total estimated. cost of $55,000. Plans have been approved by the Fire.Marshal and Inspections Department and Jack Shinall made' a motion the permit be approved. John Steely seconded the motion which carried 7-0. (2) Munich West requested a building permit for new construction on Spring Street, for property annexed tonight for a car repair service. The total estimated cost of construction is $140,000. Plans have been approved by the Fire Marshal and Inspec- tions Department and Jerry Mills made a motion the permit be approved. Jim Tolleson seconded the motion which carried 7-0. i (3) Construction Steel, 1772 Corn Road requested a building permit for an addition at a total estimated cost of $50,000. Plans have been approved by the Fire Marshal and Inspections Department and Jim Tolleson made a motion the permit be granted. John Steely seconded the motion which carried 7-0. (4) Humdico, Inc. requested a permit for construction of a medical center on South Cobb Drive, between Sexton Tire and Potter Realty Company, at a total estimated cost of $250,000. Plans have been approved by the Fire Marshal and Inspections Department and Jim Hawkins made a motion the permit be approved. Jerry Mills seconded the motion which carried 7-0. (5) Ellman's Inc. requested a permit for construction of a new office building on Lake Park Drive at a total estimated cost of $1,400,000. Jim Tolleson made a motion the permit be approved, subject to approval by the State Fire Marshal. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins made a motion that the impounding fees, in accordance with Section 4-29 of the Code of Ordinances, be set at $25.00 with a $4.00 per day boarding fee. These fees are the same as Cobb County's. Jim Tolleson seconded -the motion which carried by a 7-0 vote. Jim Hawkins made a motion that bids be requested for replacement of the heating and air conditioning at the Library, to be paid from Revenue Sharing funds and opened at the next council meeting. Jack Shinall seconded the motion which carried 7-0. Committee Reports: (Sanitation) Jim Tolleson made a motion that $4,000 be appro- priated for the purchase of 100 underground trash units. Jim Hawkins seconded the motion which carried 7-0. (Insurance) Max Bacon said the committee had reviewed the bids on the employee's health insurance but had not yet made a decision on which policy they will recommend for adoption. (Inspections) Jim Hawkins asked for a meeting with Inspector Dan Steely and the Inspections Committee following adjournment. (Public Works) Jack Shinall made a motion the low bid of $2195 from American Photocopy be accepted for purchase of a copy machine for Public Works Department, to be paid from Revenue Sharing. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said that Mary Garrett, a'resident in his ward, had requested a red light be placed at Fraser Street and Bank Street. The study by the Street Depart- ment indicated that it was just not possible to place alight there and she has now asked for a flashing caution light at the same intersection. Jack asked the Street Department to study the intersection and see if a caution light was warranted. Continued - October 19, 1981 Jack Shinall said several months ago the State had made some recommendations concerning the crossing light at the school on Concord Road, as well as recommen- dations for Birch Street at Powder Springs. Jack asked the Street Department to take another look at their recommendations and see if they would still be feasible. (Police) Elbert Coalson read a letter from Chief Little requesting authorization to purchase four (4) vehicles,.either under the State contract or by requesting bids. These vehicles have already been approved in the 1981-82 Revenue Sharing budget. Mr. Coalson made a motion we request bids on four vehicles and also get the State contract prices. Jack Shinall seconded the motion which carried 7-0. Elbert Coalson said that beginning October 1,.1981, the City of Smyrna would have the highest paid starting salaries for policemen and firemen in the County, with our starting salary now being over $11,000. (Civil Defense) Jim Farley said the new batteries for the emergency generator have been purchased and were in place. The City should receive matching funds for the cost. Mr. Coalson said the police station and court room had been painted, and looked good. (Parks) John Steely reminded everyone of the annual Halloween Carnival at Cobb Center October 31st. (Streets) Jerry Mills said we were having a speeding problem on South Cobb Drive near King Springs Road, causing a problem with people trying to get in and out of Smyrna Towers, Smyrna Hospital and Ridgeview. Jerry said he would like to ask the State to drop the speed limit from 55 to 45 in that area, and asked if anyone objected. Mayor Johnson said he had recently attended a meeting with officials from the State Department of Safety along with one county commissioner and some people from that area, and they had received a negative response. The problem is that people are using the north -bound turn lane as a through lane, creating three north -bound lanes. Jerry restated his request to ask the State to study the inter- section and give any recommendations they may have. With no further business, meeting adjourned at 8:45 p.m. i N B. JOHNSON", MAYOR WILLOUISE C. SPIVEY, CITY C K ,AMES E. TOLLESON, WARD 1 MAX BACON, WARD 2 Y /AAKS M. HAW KINS, WARD 4 JOHN STEELY, WARD 7 CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION 9,128 REGISTERED HELD THIS TUESDAY, NOVEMBER 3, 1981 3,704 VOTING We, the duly appointed election Managers to conduct this election, declare the following results: FOR MAYOR COUNCILMAN WARD #4 ARTHUR T. BACON 1,823 JIM HAWKINS 320 EUGENE A. DEAL 64 COUNCILMAN WARD #5 JERRY MILLS 1,031 JACK SHINALL 256 HAROLD SMITH 762 WILSON VENNEL 64 COUNCILMAN WARD #1 COUNCILMAN WARD #6 CAROL BRISTOL 117 ELBERT R. COALSON 221 JIM TOLLESON 311 COUNCILMAN WARD #7 COUNCILMAN WARD #2 DANIEL M. ACKER 120 MAX BACON 655 MARCY M. EISENBURG, JR. 316 DR. JERRY RICHMAN 144 KITTY FARMER 208 COUNCILMAN WARD #3 SARAH M. JONES 295 S. W. "COTTON" PIERCE 238 JAMES WILLIAMS 245 We, therefore, certify to the Mayor and Council of the City of Smyrna, the election of: and run-off: MAYOR Run-off required between Arthur T. Bacon and Jerry Mills COUNCILMAN WARD #1 Jim Tolleson COUNCILMAN WARD #2 Max Bacon COUNCILMAN WARD #3 James Williams COUNCILMAN WARD #4 Jim Hawkins COUNCILMAN WARD #5 Jack Shinall COUNCILMAN WARD #6 Elbert R. Coalson COUNCILMAN WARD #7 Run-off required between Marcy M. Eisenburg, Jr. and Sarah M. Jones They have received a majority of the votes cast. e (ATTEST) SUPERINT 1 OF ELECTION WI LOUISE SPIVEY,"CITY CLrOK /���( DATE 9,128 REGISTERED 3,031 VOTING CERTIFIED ELECTION RETURNS OF SMYRNA, GEORGIA CITY ELECTION GENERAL ELECTION RUNOFF HELD THIS TUESDAY, NOVEMBER 17, 1981 We, the duly appointed election Managers to conduct this election, declare the following results: FOR MAYOR ARTHUR T. BACON 1,997 JERRY MILLS 1,034 COUNCILPERSON WARD #7 MARCY M. EISENBURG, JR. 421 SARAH M. JONES 430 We, therefore, certify to the Mayor and Council of the City of Smyrna, the election of: MAYOR ARTHUR T. BACON COUNCILPERSON WARD #7 SARAH M. JONES They have received a majority of the votes cast. i , 179,1, rn1E�F ELECTION Ward Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 0 ATTEST) LLOUISE SPIVEY,- CIYY CLE '71 (DATE