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02-06-1984 Regular MeetingFebruary 6, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter f on February 6, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 lo o'clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. 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 Far- ley, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizens Reports: B. C. Castellaw represented the Smyrna Lions Club and expressed their appreciation to the City for the most successful fund raising campaign they have ever had, selling the Game of Smyrna. Mr. Castellaw said the Lions Club raised over $8,000 on this project and presented a framed picture of the Game of Smyrna to hang in City Hall. Mayor Bacon said the National League of Cities would be held March 3-6 and some of our council members will be attending. Jim Tolleson made a motion the rules be suspended to make a motion. Max Bacon seconded the motion which carried 7-0. Jim Tolleson made a motion the first meeting in March be changed from March 5th to -March 12th. Jack Shinall seconded the motion which carried 7-0. Residential Business License: Reginald Wanza requested a residential business lic- ense for 1955 Spring Road. Jim Tolleson said Mr. Wanza had been successful in ob- taining all the names required on his petition and asked again what type business he would be conducting. Mr. Wanza said he would be using one room of the house as a studio for his art work and he understood there could not be any additional traffic at his home or any signs posted outside. There was no opposition, and Jim Tolleson made a motion the permit be approved. James Williams seconded the motion which car- ried 7-0. Variance: Television Entertainment Network requested a variance on the height of a tower for cable television installation at Sundance Apartments. Attorney Bob Morgan represented the applicant, _Clifford Goldberg. Mr. Morgan said their antenna was 35 feet, but they wanted to place it on top of one of the buildings, which would add another 18 to 20 feet in height. Jim Tolleson said one question that was raised at the last meeting was the possi- bility this may be an infringement on our franchise with Smyrna Cable TV. Mr. Camp said he did not think it would be because they are not using the City right of ways. However, if they go outside the boundaries of this property they would be in viola- tion. Jim Tolleson asked about their city business license and Mr. Camp said they would have one, but Mr. Golden has not been able to find the proper category to place them in. Jack Shinall said this property was owned by Johnstown Properties and asked if they should not have been the ones to apply for the variance. Mr. Camp said that tech- nically, the variance should be at the request of the property owner to avoid any future problems. Jim Tolleson asked about the existing 100 foot tower on the prop- erty. Mr. Goldberg said they had discussed with the owners the possibility of taking it down but there is still a question of ownership and he could not promise that he would be able to remove it. However, if the owners felt .they had clear title and wanted it removed, then his company would do it. There was some discussion about the service they offered, and Jack Shinall stated he felt this was in direct competition with the revenue producing franchise of the City and felt we should have something from Johnstown Properties requesting the variance. After further discussion, Jim Tolleson made a motion a 20 foot variance be approved and the present 100 foot tower removed. Jim Hawkins seconded the motion with an amendment that it be approved subject to a letter from Johnstown Properties saying they are in agreement with the variance. Jim Tolleson seconded the amendment. After �. discussion, the motion and amendment were withdrawn. Jim Tolleson then made a motion the 20 foot variance be approved, subject to the 100 foot tower being removed and a letter from Johnstown Properties giving their February 6, 1984 - Continued permission. Jim Hawkins seconded the motion which failed by a 2-5 vote. Voting for the motion was Jim Tolleson and Jim Hawkins. Opposed was Hugh Ragan, Kathy Brooks, Jack Shinall, James Williams and Max Bacon. Variance: Billy Howard requested a variance on the front and side yard setbacks \ for a wrecker service and body shop at 2465 Ventura Place. Shirley Davis was in opposition and was sworn in with Mr. Howard by Attorney Camp. Mr. Howard presented plans of the proposed 50 x 75 foot building and said he had a letter from Reeves Garden Shop granting the variance on the right side, to build about 5 feet from their property. The variance on the front was for approximately 13 feet which would put the new building in line with Reeves Garden Shop and offer better visibility. Originally he needed a variance on both sides but they have re -arranged the building on the lot so the only variance needed is adjoining Mr. Reeves property. The Fire Marshal has inspected the plans and said the distance between the two buildings would be adequate. Mr. Howard said originally, he would have required a variance from Ms. Davis, but since changing their plans, this variance is not required. Also, he has ordered 40 red tip photinias to be planted around the back side of the pro- perty. Someone from the audience questioned the parking and asked if he would be parking on the street. Mr. Howard said he would. have adequate parking on his lot but could not guarantee that he would not occasionally have a wrecker parked on the street. However, this is a 100 foot street and he was not the only one guilty of parking on the street. Mr. Camp said before the building permit could be issued, a parking plan must be submitted, and he would need 25 paved and marked parking spaces for the size of the building. Ms. Davis said she did not object to the building as long as he had adequate parking and not near her property line. After further discussion, Kathy Brooks made a motion the two variances be approved. Jack Shinall seconded the motion which carried 7-0. Variance: Richard.Denny represented -Post Properties in their request for a reduction in number of parking spaces for their new development, The Gardens of Post Village. Mr. Denny said our ordinance requires 2 spaces per unit and they requested a reduc- tion to 1.7 spaces per unit which would be adequate due to the number of 1 bedroom units. This will not interfere with emergency vehicles because adequate lanes are provided. Jim Tolleson made a motion the variance be approved. James Williams seconded the motion which carried 7-0. Commercial Building Permits: Commercial building permits were presented by Inspec- tor Larry Dunn, and upon his recommendation the following approved: (1) Lincoln Properties requested a building permit for construction of a new office building at 2251 Lake Park Drive at a total estimated cost of $1,921,500. Jim Tol- leson made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. (2) National Bank of Georgia requested a permit for remodeling at 2890 Atlanta Road at a total estimated cost of $30,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Tolleson seconded the motion which carried 7-0. (3) Billy Howard requested a building permit for construction of a body shop and office at 2465 Ventura Place at a total estimated cost of $94,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. Bid Opening: Bids for a heavy duty trailer for Parks and Recreation were opened, read and recorded as follows: (1) Coxwell Tractor - $825 - 1 to 10 day delivery (2) No name on bid received - $1,295 (3) Cobb County Tractor Company - $1,075 i Jack Shinall made a motion the low bid be accepted, provided the' equipment meets all specifications. Jim Hawkins.seconded the motion which carried 7-0. February 6, 1984 - Continued 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 f area by acreage of the area described below, which is unincorporated and contiguous it 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 457, 480 and 481 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly des- cribed as follows: BEGINNING at an iron pin located at the southeast corner of Land Lot 457 and running thence along the south line of Land Lot 457 North 87 degrees 50 minutes 44 seconds west, a distance of 487.47 feet to a point located on the northeasterly right of way line of Gann Road (50 foot right of way); run thence northwesterly, northerly and northeasterly along the meandering northeasterly, easterly and southeasterly right of way line of Gann Road the following courses and distances: North 55 degrees 35 minutes 00 seconds west 92.65 feet.to an iron pin; north 53 degrees 14 minutes 29 seconds west 60.26 feet to an iron pin; north 36 degrees 40 minutes 41 seconds west 105.03 feet to an iron pin; north 26 degrees 42 minutes 32 seconds west 60.88 feet to an iron pin; north 14 degrees 14 minutes 44 seconds west 85.11 feet to an iron pin; north 14 degrees 31 minutes 58 seconds west 59.28 feet to an iron pin; north 34 degrees 24 minutes 23 seconds west 54.55 feet to an iron pin; north 52 degrees 48 minutes 35 seconds west 131.48 feet to an iron pin; north 40 degrees 04 minutes 21 seconds west 67.38 feet to an iron pin; north 27 degrees 24 minutes O1 seconds west 211.05 feet to an iron pin; north 25 degrees 05 minutes 59 seconds west 125.42 feet to an iron pin; north 21 degrees 18 minutes 36 seconds west 125.36 feet to an iron pin; north 08 degrees 29 minutes 28 seconds west 89.54 feet to an iron pin; north 12 degrees 17 minutes 10 seconds east b7.13 feet to an iron pin; north 21 degrees 32 minutes 35 seconds east 97.33 feet to an iron pin; north 28 degrees 06 minutes 05 seconds east 82.91 feet to an iron pin; north 30 degrees 34 minutes 10 seconds east 60.77 feet to an iron pin located on the north line of Land Lot 457; thence leaving the southeasterly right of way line of Gann Road and running along the north line of Land Lot 457 south 88 degrees 25 minutes 22 seconds east 210.62 feet to an iron pin; continuing thence along the north line of Land Lot 457 south 88 degrees 25 minutes 32 seconds east, a distance of 808.60 feet to an iron pin located at the common corner of Land Lots 456, 457, 480 and 481, said District, Section and County; running thence along the west line of Land Lot 481 north 01 degrees 22 minutes 08 seconds east 1,302.24 feet to an iron pin located at the common corner of Land Lots 481, 482, 455 and 456, said District, Section and County; run thence along the north line of Land Lot 481 north 89 degrees 54 minutes 38 seconds east a distance of 630.50 feet to an iron pin; thence south 01 degrees 12 minutes 22 seconds east 50.09 feet to an iron pin; thence north 89 degrees 48 minutes 42 seconds west 185.0 feet to an iron pin; thence south 02 degrees 32 minutes 52 seconds east 651.39 feet to an iron pin; thence north 48 degrees 05 minutes 34 seconds east 757.62 feet to an iron pin located on the southwesterly right of way line of South Cobb Drive (200 foot right of way); run thence south 39 degrees 30 minutes 32 seconds east along said southwesterly right of way line of South Cobb Drive, a distance of 359.1 feet to an iron pin; thence leaving said southwesterly right of way line of South Cobb Drive and run thence south 50 degrees 36 minutes 32 seconds west 80.28 feet to an iron pin; thence south 39 degrees 28 minutes 05 seconds east 42.05 feet to an iron pin; thence south 50 degrees 31 minutes 42 seconds west 297.94 feet to an iron pin; thence south 42 degrees 01 minutes 07 seconds west 88.97 feet to an iron pin; thence south 28 degrees 47 minutes 09 seconds west 82.44 feet to an iron pin; thence south 38 degrees 59 minutes 36 seconds east 315.7 feet to an iron pin; thence north 50 degrees 48 minutes 43 seconds east 212.10 feet to an iron pin located on the line dividing Land Lots 481 and 528 of said District, Section and County; running thence along the line dividing Land Lots 481 and 528 south 03 degrees 49 minutes 14 seconds west 311.69 feet to an axel found at the common corner of Land Lots 480, 481, 528 and 529 said District, Section and County; thence along the line dividing Land Lots 480 and 529 south 01 degrees 35 minutes 26 seconds east 319.22 feet to an iron pin; thence south 75 degrees 25 minutes 16 seconds west 1,315.74 feet to an iron pin located on the east line of Land Lot 457; thence along the east line of Land Lot 457 south 01 degrees 11 minutes 33 seconds .east 637.56 feet to the POINT OF BEGINNING, being depicted as 69.495 acres on survey for Georgia Assoc- iated Services, Inc., dated July 8, 1983, prepared by Louis S. Matthews, Jr., Reg- istered Land Surveyor. 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/CHARLES J. JONES February 6, 1984 - Continued Hugh Ragan said this had been a very controversial piece of property but it has been zoned by the County and there will not be any requests for change of zoning. Hugh Ragan made a motion the signature be validated and the public hearing set for March 12, 1984. Jim Hawkins seconded the motion. Max Bacon said there had also been some discussion concerning the sewer line on this property but we should have a report soon on the condition of that line to be sure it will handle the develop- ment. Vote on the motion carried 7-0. Surplus Equipment: Jim Hawkins made a motion a Savin 780 copier be declared surplus from the Police Department which will actually be used as a trade in on a new copier. James Williams seconded the motion which carried 7-0. Max Bacon made a motion that two vehicles from the Sanitation Department be sur- plused, #27 a 1974 Ford F700 and #15, a 1972 Chevrolet pickup. Max said there were also some garbage containers to surplus, but we do not know how many and would hold off until the next meeting. Jack Shinall seconded the motion to surplus the two vehicles which carried 7-0. Max said we would be having another auction when the weather was warmer and these vehicles would be sold at auction. Ordinance Amendment: Max Bacon said the engineering department had requested that we amend our ordinance to upgrade materials to be used for water mains and service lines and read the proposed ordinance as follows: Section 6-82: Type of material to be installed for water mains and service lines. 1. Water Mains 6" and above water mains shall be dedutile iron pipe, Class 51. 2Z" shall be PVC,200 PSI. s 2. Water Service Lines Material shall be 1" type K copper tubing (flare type) for townhouses, duplexes, or residences consisting of 1200 square feet or less, two (2) bathrooms or less. This will serve two (2) units. Other townhouses, duplexes, or residences with more than 1200 square feet shall be required to install 3/4" type K copper tubing (flare type) for each unit or residence. The owner of the property shall be held responsible to locate the water service lines when water meters are to be installed by the City. Upon completion of construction, meter boxes, and meters shall be visible in order to be read monthly by meter readers. Meters shall be no deeper than depth of meter boxes. Main water line and hydrant valve boxes shall be located over all valves and visible upon completion of construction. Non compliance of above could result in a $50.00 penalty, plus a delay in issuance of Certificates of Occupancy. Max said we have had problems in the past with plastic pipes for service lines which cannot be thawed when they freeze. Also, they cannot be located with a metal detec- tor. Also• with new construction, some meter boxes have been buried 3 to 5 feet in the ground after landscaping. Max Bacon made a motion the ordinance amendment be approved. Jim Tolleson seconded the motion which carried 7-0. Request for Bids: Jack Shinall made a motion that bids be requested for a new filter system for Church Street Pool, a thermal/solar blanket for King Springs Pool and also a bonded wind screen for King Springs Pool to be opened March 12th. Jack said these were all budgeted items. Max Bacon seconded the motion which carried 7-0. Jim Tolleson made a motion bids be requested for a new backhoe for Public Works, specifically a John Deere 310B, to be opened at the February 20th meeting. Jim said this was not a budgeted item, but it could probably be paid out of State Grants. The backhoe they are using needs extensive repairs and they need the new equipment before warm weather. James Williams seconded the motion which carried 7-0. Jim Hawkins made a motion that bids be requested for 4 new police cars to be opened at the March 12th meeting. Max Bacon seconded the motion which carried 7-0. February 6, 1984 - Continued Jim Tolleson made a motion the City Attorney be authorized to take legal action against the curbing machine company for cost plus damages. Jim Hawkins seconded the motion.. Mr. Camp said he would like the authority to employ, on behalf of the City, an expert witness to look at the machine and report back to him before proceeding. Jim Tolleson amended his motion to also allow Mr. Camp to employ an expert witness. Jim Hawkins seconded the amendment. Vote on the amendment and main motion carried 7-0. Community Development Block Grant: Willouise Spivey read the priority list for re -allocation of the Community Development Block Grant funds as follows: 1) Powder Springs sidewalk on north side from Atlanta Road to Wills High School 2) Stephens Street Sewer line 3) Powder Springs Culvert replacement (between Birch Street and South Cobb Drive) 4) Spring Street curb, gutter and drainage 5) Smyrna Hills/Sherwood Road sewer line 6) Roswell Street sidewalk and gutter James Williams made a motion the list be approved for re -allocation of funds. Jim Hawkins seconded the motion which carried 7-0. Approval of Minutes: Jack Shinall made a motion the minutes of January 3, 1984 be approved as submitted. Hugh Ragan seconded the motion which carried 7-0. Max Bacon made a motion the minutes of January 23, 1984 be approved as submitted. James Williams seconded the motion which carried 7-0. Committee Reports: Hugh Ragan reminded everyone that the City does have a leash law and said he has had quite a few calls lately. (Library) Doris Morris reported on library activities. (Parks) In reference to the earlier approval to request bids for the new filter system for Church Street Pool, a thermal/solar blanket and bonded wind screen for King Springs Pool, Sherry Reavis stated the bids should be received no later than the February 20th meeting to allow enough time to make these repairs before they open for the season. Jack Shinall made a motion the rules be suspended. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall then made a motion the bids for these three items be returned for the February 20th meeting. Jim Hawkins seconded the motion which carried 7-0. Jack Shinall said he had been getting a lot of calls about trash on the sides of the roads. Jack said we do not have the manpower to keep it cleaned up and asked for Chief Little's cooperation in enforcing our litter ordinance. (Water) Max Bacon said the next water bills will reflect the rate increases. The Cobb -Marietta Water Authority raised the water rates, and Cobb County increased sewer rates. Max said we have no control over that, and we have to pass the increases on to our customers. There will also be an increase in sanitation service. Max said we have ordered a new garbage truck and when it is in service, they can pick up all trash as well as garbage on their regular twice a week routes. (Streets) Jim Tolleson said the City was aware that the roads are crumbling but it is a result of the bad weather. Jim asked everyone to be patient until repairs could be made. Mayor Bacon reminded everyone of the meeting February 7th with Welker & Associates 1 to get a report on the Sewer System Evaluation Study. Mayor Bacon asked Sherry Reavis to check and see how many of the plants along Atlanta Road had been killed so that we could see about replacing them. Mayor Bacon asked Hugh Ragan to check into the workload in the Inspections Department now that Spring is approaching to see if we may need additional help. February 6, 1984 - Continued Mayor Bacon said that Saturday he was at Belmont Hills Shopping Center and observed numerous cars parked in the fire lanes. The Police Deparatment told him that they have a lot of tickets unpaid and do not have the manpower to followup on them. Mayor Bacon said he felt we should put one of our policemen on overtime to issue citations on these past due .parking tickets. Chief Little said it was his intention to hire an additional man as a contempt officer to work these and contempt of 'court cases also. With no further business, meeting adjourned at 8:50 p.m.