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11-21-1983 Regular Meeting (2)November 7, 1983 - Continued carpet be replaced. Sarah Jones seconded the motion which carried 7-0. Jack Shinall made a motion the minutes of October 3, 1983 be approved as submitted. Jim Hawkins seconded the motion which carried 6-0, with Elbert Coalson abstaining. James Williams made a motion the. minutes of October 17, 1983 be approved as submit- ted. Elbert Coalson seconded the motion which carried 7-0. Committee Reports: (Library) Monika Myers invited everyone to Children's Week, November 14-20. Also, Smyrna Cable TV continues to televise storytime on Saturday mornings. (Streets) Jack Shinall asked Vic Broyles about the timing of traffic lights on South Cobb Drive and the paving under the LARP program. Vic said he was still waiting for a report from the State on the lights and he had called Stewart Brothers today about the paving. Attorney Camp stated he was working on the problem with the curbing machine. (Finance) Jim Hawkins reminded everyone that November 14th is the last day to pay taxes without a penalty and also reminded everyone to vote tomorrow. (Water) Jim Tolleson reported the water tower has been removed and asked for a short meeting with the Water & Sewer committee following adjournment. With no further business, meeting adjourned at 9:10 p.m. November 21, 1983 The regular scheduled meeting of Mayor and Council was held November 21, 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. Also present was City Attor- ney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Assistant Public Works Director Vic Broyles, Acting Fire Chief Hubert Cochran, Parks and Recrea- tion Director Sherry Reavis, Civil Defense Director Jim .Farley, Building Inspector Larry Dunn, Assistant City Clerk Melinda Hiatt, Librarian Doris Morris, and represen- tatives of the press. Invocation was given by Jack Shinall, followed by the pledge to the flag. There were no citizens reports. Presentation: Charlie McCann presented the 1983 Georgia Recreation and Parks Society Lay Awards to Max Bacon and Bob Arnold for their outstanding leadership and contributions to parks and recreation. Rezoning: Jim Perry requested rezoning of 5.1 acres on Church Road & Aline Wolfe Drive from Residential to RM-10 (Condominiums). There was no opposition, and Mr. Perry was sworn in by Attorney Camp. Mr. Perry said their plans were to build 48 units, controlled by a homeowners association, to sell from $50,000 to $60,000. The property is currently surrounded by commercial, multi -family or churches. The house on the property belongs to Castellaw Funeral Home and is used for student housing, but Mr. Perry said it would probably be torn down. There was some discussion as to whether or not Aline Wolfe Drive was a private or dedicated street and Jim Hawkins said the Mayor and Council in 1973 agreed to pave the street with the stipulation that anyone tying onto the road would share in the cost of paving. Mr. Camp said he understood that was the meeting of February 19, 1973 and was told that Gene Reeves would grade the road and the City furnish the asphalt for paving, so the cost would have been for the paving. Jack Shinall asked Mr. Perry if he would be willing to upgrade the road to meet city specifications as part of his share. Vic Broyles said the street already meets speci- fications; it is 26 feet wide, curbed and paved. Jim Hawkins asked Mr. Perry if he could agree to a lower density. Mr. Perry said the way the units were designed he felt there would be plenty of room and would like to November 21, 1983 - Continued have approval to build 48 unitsas planned.- Also; he has been working with our city engineer to be sure he complies with our ordinance. Jim Hawkins said the cost of paving in 1973 was $5,200 and suggested that $1,000 would be_a reasonable rate for his -share. Jim Hawkins made a motion the zoning be approved with Mr. Perry to pay $1,000 to the City's State Grant fund as his share of the paving. Jack Shinall seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and upon his -recommendation the following approved- (1) Brawner's Institute, 3180 Atlanta Road requested a permit for a pool and enclosure at a total estimated cost of .$90,000. 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 7-0. _ ? 1 (2) Fred Shope, owner of Auto Cool at 1680 Spring Road requested a building permit to add on to the existing building at a total estimated cost of $80,000. Sarah Jones made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Elbert Coalson seconded'.the motion which carried.7-0.' Cable TV Franchise: Max Bacon read the following resolution pertaining to the Cable TV franchise: �i WHEREAS, Cable Holdings of Georgia, Inc. (the "Company") is the Franchise Holder for the City for Cable TV Services under contract 'dated April.4, 1966; and WHEREAS, the Company desires to assign a "Segment" of it's licensed distribution system serving the city to a third -party; and WHEREAS, the above -mentioned Franchise shall remain in full force and effect in all its respects and particularly with respect to all of the Company's obligations thereunder, including but not limited to its obligation to pay franchise fees as provided therein and its obligation to operate and maintain the present system as a whole, without the Franchise becoming fractionalized in any manner, and the company shall remain answerable to the city for any default or defect in said operation; and WHEREAS, the assignment of such "Segment" shall not become assignment of the Franchise as a whole by this approval or otherwise; now THEREFORE, be it resolved, that such assignment shall not be considered a violation of the franchise agreement as provided in Section XVIII of said Franchise. Attorney Camp said this was a method of obtaining funds to upgrade portions of the system. Also, he has been assured by the corporate counsel in New York that they will continue to maintain the franchise and will continue to operate the system as a whole. Smyrna Cable TV will continue to be the operating entity. Max Bacon made a motion the resolution be approved. James Williams seconded the motion which carried 7-0. James Williams made a motion the approval of the General Court Docket be tabled to the next meeting. Max Bacon seconded the motion which carried 7-0. Bid Award: Upon the recommendation of the Public Safety Committee, James Williams made a motion the custodial service for the Police Station be awarded to Executive Housekeeping, Inc.. at $495 per month. This was the second lowest bid received. Jim Hawkins seconded the motion which carried 7-0. Bid Opening: Bids for carpeting the Detective division of the Police Station were opened, read and recorded as follows: B&M Carpet & Flooring, Inc. $1,635.42 1672 Spring Street Martell's Carpet $3,200.00 1801 Austell Road Hugh Tucker $3,350.00 Marietta, Georgia November 21, 1983 - Continued Cochran Floor Covering $2,900.00 843 Concord Road James Williams made a motion the bids be turned over to the Public Safety committee for review with a recommendation back to full Council on December 5th. Sarah Jones seconded the motion which carried 7-0. Public Hearing: A public hearing was held to consider the redivision of the City's boundary ward lines. Sarah Jones said these came about due to a Georgia law passed in 1982 which requires that all boundary lines be visible to the eye, or found on Department of Transportation maps. The intent of the changes is so that our boundary lines will conform with census tract lines. All wards except for 4 and 7 had some minor changes and the population balance stayed within the guidelines of the reappor- tionment. Also, the polling place for Ward 3 will be moved from the Smyrna Police Station to Hawthorne Elementary School. These changes, to become effective January 1, 1984, have been properly advertised and public hearing notices posted throughout each ward. There were no comments from the audience and Sarah Jones made a.motion the changes be approved, effective January 1, 1984, pending approval by the Justice Department. Jim Hawkins seconded the motion which carried 7-0. Jim Tolleson said we received notice from the Cobb -Marietta Water Authority in July that water rates would increase 110 per thousand gallons, effective January 1, 1984. Sewer rates will increase also, but we don't know how much. Jim said the total increse would probably be about 210 per thousand. Also, garbage collection rates will probably be increased the first of the year by $2.00 per month. Jim said the suppliers are increasing cost to us, and we have to pass it on to the customers. Jack Shinall said our contract with the Cobb -Marietta Water Authority states they should notify us of the justification for rate increases. Jim Tolleson said we received a letter stating they had performed a cost study and the increase was necessary, but this was not acceptable. Jim said we would have a meeting with Cal Simmons. next week and would probably invite the other cities. Appointment: Jack Shinall said that Eddie Eldridge has served on the.Parks and Recrea- tion Commission for one year and made a motion he be reappointed for a 2 year term. Max Bacon seconded the motion which carried 7-0. Validation of Signatures: Attorney Camp read an application for annexation to the City 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 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 Lots 846 and 881 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point formed by the intersection of the east right of way line of Hargrove Road and the north right of way line of Curtis 'Drive; thence running in a northerly direction along the east right of way line of Hargrove Road a distance of 124.44 feet to a railroad spike found; thence running in a northeasterly direction, north 53 degrees 02 minutes 30 seconds east a distance of 68.31 feet to an iron pin set; thence running in a southeasterly direction, south 80 degrees 08 minutes 05 seconds east a distance of 19.84 feet to an.iron pin found; thence south 69 degrees 25 minutes 35 seconds east a distance of '383.16 feet to an iron pin set, said pin being on the north right of way of Curtis Drive; thence running in a westerly direction along the north right of way line of Curtis Drive and following the curvature thereof a distance of 407.20 feet to an iron pin found at the intersection of the east right of way line of Hargrove Road and the north right of way line of Curtis Drive, and 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. November 21, 1983 - Continued Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land are above described by acreage:s/JAMES F. CRIST, DIRECTOR OF DEVELOPMENT Jim Tolleson made a motion the signature be validated and the public hearing set for December 19, 1983. Jack Shinall seconded the motion which carried 7-0. Jim Tolleson also read a letter from Mr. Crist with Tajico Emerson Center explaining their plans to construct a 7 story Days Inn hotel at this site. Validation of Signatures: Attorney Camp read an application for annexation 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 1011, 1012, said property to beannexed being described as follows, to wit: All that tract or parcel of land lying and --being in Land Lot 753 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as folows: BEGINNING at a point on the south side of Oak Drive at the northwest corner of the Gulf Oil Corporation property; running thence southerly along the Gulf property 145 feet ± to a point; running thence westerly along the Gulf property 56 feet more or less to a point; running thence southerly along the Gulf property 100 feet more or less to a point at the- southwest corner of the Gulf property; continuing thence southerly 241 feet more or less to a point on the southerly land lot line of Land Lot 7.53;;running thence westerly along the land lot line 100 feet to a point; running thence••northerly 485-feet ;more,or.-lessto the south side of Oak Drive; running thence easterly along the south side of Oak Drive 160 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/HENRY C. FUQUA & Z. C. HAYES Sarah Jones made a motion the signatures be validated and the public hearing set for December 19, 1983. Jim Tolleson seconded the motion which carried 7-0. Max. Bacon stated there were some emergency repairs that needed to be made to the electrical system in the annex building and they had received a letter from the Fire Marshal stating repairs should be made. Two of the smaller items have already been corrected and bids were requested on the electrical work. Max said they wanted to make these repairs during Thanksgiving holidays because the power would have to be off until the job was completed. Proposals .were received from Ask -Kay Electrical at $1,918.00; B. L. Cosey Electrician at $1,166.00 and Heaton Electric at $1,100.00. Max Bacon made a motion that $1,100 be approved for the repairs to be paid from the Contingency Fund. Jim Hawkins seconded the motion which carried 7-0. Mayor Bacon stated that during the Sewer System Evaluation Study being performed by Welker & Associates they found an 18" sewer line in the Ward 7 area that was full of roots. He had received a proposal from Video Pipe Grouting to remove the roots and televise the line which is approximately 2000 feet. This method will allow them to determine whether or not the line should actually be replaced. Their charge to clean and televise the line would be $2.65 per lineal foot, or $5,300.00. Mayor Bacon said Welker & Associates had recommended the work be done. Jack Shinall and Jim Tol- leson both felt it might be better to ask for bids on replacing the line. Vic Broyles said this line was full of roots 7 years ago. By cleaning the line and televising it they can determine if the line actually needs replacing. Vic said the line would be adequate if it was cleaned out, but as it is now the capacity is reduced to that of an 8" or 10" line. After further discussion, Sarah Jones made a motion the proposal from Video Pipe Grouting be accepted, to be paid from Water Revenue. Jim Tolleson seconded the motion which carried 7-0. Committee Reports: (Water) Jim Tolleson stated the Water Department is now placing locks on all meters that have been cut off, and last week the City made its first November 21, 1983 - Continued case for theft of services. Jim Tolleson said he had received a very high water bill last month and they found a leak inside his house that he did not know about. Jim explained how to locate leaks if you think you may have a problem. Max Bacon made a motion the rules be suspended to approve an item not on the agenda. Jim Hawkins seconded the motion which carried 7-0. Max Bacon stated that Lee Street was very narrow and we have had problems with cars parking on the side of the road. Max made a motion that no parking signs be placed on Lee Street from Quarles Avenue to the city limits, on both sides of the street. Jim Hawkins seconded the motion. After discussion, the motion and second were with- drawn. Max then made a motion no parking signs be placed on Lee Street from Quarles Avenue to the city limits on both sides of the street for a 90 day period. Jim Hawkins seconded the motion which carried 7-0. (Public Safety) James Williams said four of our officers had just graduated from the Police Academy and he wanted to congratulate them. (Streets) Jack Shinall said a report had been received from the State on the timing for the traffic lights on South Cobb Drive at Church Road, Powder Springs Street and Cherokee Road, but they were not satisfied. They said the traffic count had been done at different hours and the timing is adjusted to different times, depending on the heaviest traffic. Jack said he would continue to look into the situation. Jack Shinall said they had contacted the people we purchased the curbing machine from and they have promised action within a very short period of time. Vic Broyles said that paving under the LARP program had been awarded to Stewart Bro- thers but since the State awarded the contract he•could not pressure them to complete our paving. (Library) Doris Morris made a report from the Library. Announcements: Mayor Bacon said City Hall would be closed this Thursday and Friday for Thanksgiving. Also, the first Monday in January is a holiday and that meeting date will have to be changed, probably to January 3rd. With no further business, meeting adjourned at 8:28 p.m. November 28, 1983 A special called meeting of Mayor and Council was held November 28, 1983 at Smyrna City Hall. The meeting was called to order at 6:10 p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, Assistant City Clerk Melinda Hiatt and Building Inspector Larry Dunn. Mayor Bacon explained the purpose of this meeting was to discuss construction problems at Cumberland Townhomes on Spring Road. Darrell Vaughn with Homeland Communities represented Cumberland Townhomes. Mr. Vaughn said that Ryan Homes began the project but they were dissatisfied with the work and decided to complete the project themselves. The plans were originally submitted in September and resubmitted about 3 weeks ago. In reviewing their plans, Jim Mallett found the error on the minimum lot width. The City ordinance requires a 20 foot lot width and their plans were for 18 foot lot widths. Mr. Vaughn said this was an honest mistake; they had built townhomes in Gwinnett County which has a 16 foot minimum. Also, DeKalb County has no minimum lot width and Marietta has an 18 foot minimum. When their plans were drawn, they were unawre of the 20 foot minimum. Mr. Vaughn said that Gene Golden had issued a verbal stop work order but they had already ordered concrete to pour the footings. The concrete was already paid for and rather than dump it, they went ahead and poured the footings. The third truckload of concrete was poured without authorization. Mr. Vaughn said he actually thought the 18 foot units provided greater utilization, and it would not change the square footage or density. It also provides for more open