11-16-1981 Regular MeetingContinued - November 2, 1981
Mayor Johnson said that Cobb County has just received word that they will be
eligible for block grants next year and council needs to meet before November 15th
to decide whether or not the City of Smyrna will enter into joint application with
other cities in Cobb County. The other option would be to apply separately, in
competition with all other cities of our size throughout the State.
Wendell Dean of Smyrna Cable TV said the election returns would be broadcast
live tomorrow night, from City Hall.
With no further business, meeting adjourned at 8:14 p.m.
************************
November 16, 1981
The regular scheduled meeting of Mayor and Council was held November 16, 1981, at
Smyrna City Hall. The meeting was called to order by presiding officer Mayor
Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present
was City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief R. E.
Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Bill
Johnston, Public Works Director Jim David, Civil Defense Director Jim Farley,
Building Inspector Dan Steely and representatives of the press.
Invocation was given by John Steely, followed by the pledge to the flag.
Proclamation: Mayor Johnson recognized Alton Curtis with the Smyrna Optimist Club
who introduced Laura Casey, Clint Bridges and Paula Markevich, recipients of the
Youth -Appreciation Week awards from their respective schools. Mayor Johnson read
a proclamation in recognition -of -Youth Appreciation Week and presented it to Mr.
Curtis.
Certification of Election: Dusty Bennett,
results of the November 3, 1981 election,
Jim Tolleson made a motion the results be
which carried by a 7-0 vote.
There were no citizen reports.
Superintendent of Elections, read the
a copy to be made a part of these minutes.
approved. Max Bacon seconded the motion
Variance: Kentucky Fried Chicken on South Cobb Drive requested 'a variance to build
to within 30 feet of the right of way. This request was tabled from the last
meeting, at which time they requested a variance to build to within 20 feet of the'
right of way. Elbert Coalson said a letter had been received from the State High-
way Department stating the decision would be left to Mayor and Council. Mr. Coalson
said he felt the new building would enhance the area and understood the existing
structure was about to be condemned by the Fire Department, and made a motion the
30 foot setback be approved. Jack Shinall seconded the motion which carried by a
7-0 vote.
Rezoning: Mr. Gene Barnes requested rezoning of property on the south side of Pat
Mell Road in Land Lot 348, from R-15 to Residential Duplex. The rezoning was
unanimously recommended for approval by the Planning and Zoning Board.
Mrs. Sara F. Watkins, 562 Pat Mell Road said she was under the impression that
the development would be for multi -family dwellings and would oppose a development
of this type. Mrs. Watkins said traffic on Pat Mell Road.was already a problem
and residents in the area have very low water pressure. Mayor Johnson said there
would be only one building on the site, containing two units.
Mrs. Davis of 524 Pat Mell Road asked how water and sewer service would be
supplied. Jim David said the county lines would be used. Mrs. Davis said it would
be difficult to tie onto the existing lines because they are too high. John
Steely said any problems such as this would be worked out prior to the building
permits being issued.
Christine Spiker of 572 Pat Mell Road objected due to the existing traffic problem
and the need for improved water and sewer service in the area.
After further discussion, Elbert Coalson made a motion the rezoning request be
approved. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Continued - November 16, 1981
Variance: Smyrna Auto Parts on Concord Road requested a variance to add onto the
existing building and come within 12 feet of the.rear property line. A letter
was presented from the adjoining property owner stating he had no objections, as
follows: "I, Robert E. Joiner am in noway opposed to Smyrna Auto Parts extending
the building to within 12 feet of my property line. I do further certify that
I am the owner of the property located at 1060 Dell Avenue which is directly
behind Smyrna Auto Parts." Mr. Bryant said the addition would be used for parts
storage. Jim Hawkins said the Code calls for a 10 foot buffer but if Mr. Joiner
had not requested the buffer, he did not think the City would require it.
A resident of Dunn Street stated he was opposed to the variance and felt it would
set a precedent for others; variances such as this are causing too much of an
encroachment into the residential sections.
Jim Hawkins said that Mr. Bryant was one of the few business owners on Concord
Road who had complied with the original requirements set forth when the street
was rezoned several years ago. Jim said he fought the rezonings then as a private
citizen, but because Mr. Bryant had complied with these requirements, would make
a motion the variance be granted. Jim Tolleson seconded the motion which carried
by a 7-0 vote.
Variance: James Lee of 2551 Carolyn Drive requested a side yard variance from
10 to 5 feet for a garage. Jim Tolleson said that Mr. Lee had informed him prior
to the meeting that he would like to withdraw the -request and reduce the size of
the building to comply with the Code.
Variance: Tumo Construction requested a variance for a building on Lot 17, Block
A at Hawthorne Village. Mr. Roy Moates with Tumo Construction Company said this
building was 33.5 feet from the building line on the front which is 12 feet off,
and they did not realize it until the building was completed. Jim Tolleson read
a letter from the Building Inspector stating the survey of the lot showed an
encroachment of 2 feet from the required 35 foot front building line. The encroach-
ment was brought to Tumo's attention after the footing inspections. A stop -
work order was not issued then because he was assured the problem would be corrected.
The lot was measured again during the framing inspection and at that time were
notified that they would have to be granted a variance before a certificate of
occupancy could be issued. Inspector Steely said he first became aware of.the
encroachment on April-9th and the second time on June 5th, during the framing
inspection. Dan Steely said Mr. Moates was not on the job site at the time it
was discovered, but the superintendent measured the line with him and agreed that
it was 2 feet over. Mr. Moates said his superintendent always kept him informed
of any problems but he was never notified of this. He was unaware, until tonight,
that the superintendent was previously notified of the problem. Mayor Johnson
said council was somewhat limited in any action they could take. A variance could
be granted without a fine, Tumo Construction could be cited into court and fined
a maximum of $300 for the Code violation, or the variance could be denied, which
would require the tearing down of the building. John Steely said he could not
believe a building superintendent could be aware of a problem such as this, and
not notify his boss. This was a mistake that could have been corrected with very
little trouble in the beginning. After further discussion Jim Hawkins made a
motion the variance be denied. John Steely seconded the motion. Jack Shinall
said that Tumo has built 100 units in this development and felt it placed an undue
hardship on them to deny the variance, just because he had trouble with one employee.
Jack said he felt they should be fined, just as we have done in the past, but
approve the variance. After discussion, Jack Shinall made a motion the variance
be tabled until a reasonable fine could be agreed upon. Jerry Mills seconded the
motion which failed by a 3-4 vote. Voting for was Elbert Coalson, Jack Shinall
and Jerry Mills. Voting against was Jim Tolleson, Jim Hawkins, John Steely and
Max Bacon. Vote on the main motion to deny the variance carried by a 4-3 vote.
Voting for was Jim Tolleson, Jim Hawkins, Max Bacon and John Steely. Voting against
was Jack Shinall, Jerry Mills and Elbert Coalson. Mayor Johnson said that he
would veto the motion to deny the variance and would have the letter of notification
to council within the required period of time.
There were no commercial building permits to bring before council.
Liquor, Beer & Wine Pouring License: Iris Johnson applied for a liquor, beer and
wine pouring license for Cumberland Crossing in the new shopping center on Hargrove
Road. There was no opposition and Jim Tolleson made a motion the license be granted.
Max Bacon seconded the motion which carried 7-0.
Continued - November 16, 1981
Jerry Mills made a motion the following vehicles be surplused from the Street
Department:
- 1967 Ford, ID# F60CCA48261 Dump Truck
- 1973 Ford F700, ID# F70DUP72049 Dump Truck
Max Bacon seconded the motion which carried by a 7-0 vote.
Request for Bids: (1) John Steely said that several months ago, lighting fixtures
had been purchased for Cobb Park. The bids opened for installation were too high,
and all bids were rejected. John made a motion the installation be re -bid for
fixtures in stock. If the fixtures are returned we will be charged a 30% restocking
fee and also; the warranty began the day they were delivered. Max Bacon seconded
the motion which carried 7-0.
(2) Jerry Mills made a motion that bids be requested for traffic signals for
Atlanta Road at Hawthorne, Atlanta Road at Cherokee, and Atlanta Road at Spring.
Jack Shinall seconded the motion which carried 7-0.
(3) Max Bacon said we had a roof leak at the fire station on Concord Road and
made a motion we request bids for the repair, to be opened at the next regular
meeting. Jim Hawkins seconded the motion which carried by a 7-0 vote.
Jim Tolleson made a motion that section 22721 of the Code of Ordinances be amended
by adding one sentence to the end of the paragraph as follows: "In all cases,
every owner, occupant, tenant or lessee of any home, building or commercial
business shall pay at least a minimum charge for garbage pickup." Attorney Camp
suggested that the following Be added to the amendment: "....as adopted by City
Council and on record with the City Clerk." Jack Shinall seconded the motion
which carried by a 7-0 vote.
Max Bacon read the estimated yearly cost of insurance rates from all companies
submitting a bid as follows:
Estimated
Yearly Cost
American National
$227,029.68
Prudential
$2111,846.56 ✓
GMA BC/BS Plan II
$214,028.64
Liberty Mutual_
$233,014.32
GMA BC/BS Plan I
$245,009.76
State Mutual
$267,805.20
Equitable
$234,537.36
DENTAL (EMP. & DEP. COVERAGE)
American National
$ 30,317.28
State Mutual
$ 45,016.56
Equitable
$ 30,888.48
Max said the Employee's Insurance Committee had met and they recommended to the
Employee's Benefit Committee that the low bid of $211,846.56 from Prudential be
accepted. Max made a motion the bid from Prudential be accepted with the stipulation
that when it comes up for renewal again in one year, the City pay only 85% on the
dependent coverage. At the present time, employees pay only $2.00 per week for
dependents and the City has experienced 30% increases over the last 2 years for
this coverage. Jim Tolleson seconded the motion. Max said that $189,000 was
budgeted for insurance and amended his original motion for the overage of approxi-
mately $22,000 to be paid from the Contingency Fund. John Steely seconded the
amendment. Vote on the amendment and main motion carried 7-0.
Jim Tolleson said we were out of underground garbage cans and made a motion that
100 underground cans, 100 lids and 500 liners be purchased at a cost of $12,215,
to be paid from E&C Fund. John Steely seconded the motion which carried 7-0.
Committee Reports: (Parks) John Steely said the Senior Citizens Anniversary
party would be Wednesday at 11:00 a.m. and invited everyone to attend. John said
we had two Smyrna Athletic Association teams going to the Cobb County Superbowl
and the cheerleaders also won first place.
Continued - November 16, 1981
(Police) Elbert Coalson said the police department was almost out of traffic
ticket books and there are only two companies that do this type printing. Of
the two, Barfield Printing offered the lowest price of $1,820 for 1,000 books
and Mr. Coalson madea motion this expenditure be approved. Jack Shinall seconded
the motion which carried 7-0.
Elbert Coalson made a motion the salaries of the City Attorney and Recorder's Court
Judge be increased by $50 per month, effective January 1, 1982. John Steely
seconded the motion which carried 7-0. This increase will pl.ace the salary of
Judge at $250 per month, and City Attorney at $150.
Jack Shinall made a motion that caution lights be approved for the intersections
of Bank Street and Fraser Street and Birch at Powder Springs Street, at a cost of
$1,075 each, to be paid from State Grants. Jim Tolleson said he.was going to vote
against the motion, because he had no confidence in the blinking caution lights.
John Steely said he also had one in his ward which was totally ignored by motorists.
Jerry Mills seconded the motion which carried by a 5-2 vote. Voting for was Max
Bacon, Jerry Mills, Jack Shinall, Jim Hawkins and Elbert Coalson. Opposed was
John Steely and Jim Tolleson.
(Library) Jim Hawkins said at the last meeting bids were opened for the replace-
ment of heating and air conditioning at the Library. Jim said the bid was awarded
to the low dollar bidder, Cobb Heating & Air, at a cost of $5,929.
(Fire) Hubert Cochran said Smyrna Fire Department was participating.in an experi-
ment with Cobb County and Fulton County on a low cost sprinkler system for homes.
The experiment will be conducted in a house located behind Campbell's Restaurant
on Wednesday at 9:00 a.m. and Hubert invited everyone to attend.
Max Bacon asked Jim David and Chief Little to give him a report on the feasibility
of using 3-way stop signs at the intersections of Dunn Street and Legion Drive
and Elizabeth Street at Spring Road. Max said he has received several requests
from citizens for the-3-way stops at these locations.
(Sanitation) Jim Tolleson said pinestraw and leaves will not be picked up on the
street unless they are bagged. The only exceptions will be for elderly persons
or someone who is disabled, and they should make arrangements with the Public
Works Department. Anyone else will be sent a letter explaining that the City
does not have the manpower or equipment to pick up unbagged ,leaves.'
Jim Tolleson said he had discussed the possibility of the police department issuing
warning tickets for parking violations with members of council and Chief Little.
Chief Little said he would be willing to try it and Jim made a motion the tickets
be printed and issued by our police officers on a trial basis. Jim said we have
too many diangerous situations on residential streets where people are parking side
by side or obstructing traffic. John Steely seconded the motion which carried by
a 7-0 vote.
Mayor Johnson said he was going to be out of town a couple of days, and authorized
Willouise Spivey power.of attorney to sign his signature to a letter indicating
his veto on the denial of Tumo Construction's variance request, the reason being
that denial would bring undue harm to the applicant.
Mayor Johnson reminded everyone of the run-off election tomorrow and encouraged
everyone to vote; the Jonquil Breakfast at Fair's Restaurant on November 18th.
With no further business, meeting adjourned at 8:56 p.m.
************************
November 30, 1981
A Special Called meeting of Mayor and Council was held November 30, 1981 in City
Hall, Smyrna, Georgia. The meeting was called for the purpose of discussing the
veto by Mayor Frank Johnson in the denial of a variance to Tumo Construction
Company, on Lot 17, Block A of Hawthorne Village.
Mayor Frank Johnson called the meeting to order at 5:30 p.m. All Council members
were present except Jerry Mills. Also present was City Attorney Charles Camp,