03-04-1985 Regular Meeting (2)r
March 4, 1985
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on March 4, 1985 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 Attorney Charles E. Camp, City Clerk Willouise
Spivey, Police Chief R. E. Little, Fire Chief Larry Williams, Public Works Director
Vic Broyles, Assistant City Clerk Melinda Dameron, Parks & Recreation Director
Sherry Reavis, Emergency Management Director Jim Farley, Building Inspector Scott
Stokes, Librarian Doris Morris and representatives of the press.
Invocation was given by Kathy Brooks, followed by the pledge to the flag.
Certification of Election: Election Superintendent Sarah Monsour stated a special
election had been held on Tuesday, February 19, 1985 to fill the unexpired term
of Jim Tolleson. There were 292 votes cast, with Bob Davis receiving 159 and Pinky
Gilbert receiving 138. Mayor Bacon said that Bob Davis had minor surgery on his
throat last week and everything was fine, but he did not feel like being here
tonight. Bob will be sworn in one day this week. Jack Shinall made a motion the
election results be approved. James Williams seconded the motion which carried
6-0.
Citizens Reports: Sue Brissey stated there were quite a few businesses on South
Cobb Drive using banners, which was against the City ordinance. She also asked
about the number of signs allowed in front of multi -family housing developments
and said there were four signs in front of the Mill Pond Subdivision on South
Cobb Drive. Ms. Brissey also said the Morgan Homes buildings at the corner of
South Cobb and Church appear to be too close to the street. Ms. Brissey asked
Mr. Camp about Concord Road progress. Mr. Camp said we have identified some problem
areas and are in the process of sending out notices and will take further action
if we have no response.
Charter Amendment: Jack Shinall said the amendment to Section 78 of the Charter
pertaining to Homestead Exemption has been read twice. This special exemption
is for people over 65 years of age and the amendment takes away the 3 year waiting
period to qualify. There were no questions or comments from the audience and Jack
Shinall made a motion the Charter amendment be approved, as read at the last meeting.
Max Bacon seconded the motion which carried 6-0.
Approval to Advertise Charter Amendment: Attorney Camp stated this Charter amendment
will delete Article II (Corporate Limits) in its entirety and also delete Section
6(c) of Article III (Ward Descriptions) and replace with a new Section 6(c). This
amendment will re -describe the actual ward boundaries of the City by metes and
bounds as they now exist. This amendment will eliminate the piecemeal descriptions
by parcel and consolidate the ward descriptions. Jack Shinall made a motion the
amendment be advertised. James Williams seconded the motion which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation for
Bonnelle C. Bowie at 3399 Pinetree Drive as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and 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 Lot 597 of the 17th District,
2nd Section, Cobb County, Georgia, being Lot 1 of Subdivision of Frank M. Collier,
Jr., as per plat recorded in Plat Book 17, Page 192, Cobb County, Georgia Records
and being more particularly described as follows:
BEGINNING at a point on the east side of Pine Tree Drive where the south line
of Land Lot 597 intersects the east side of Pine Tree Drive; running thence easterly,
along the south line of Land Lot 597, a distance of 323.7 feet to a point; running
thence northerly 105.4 feet to a point; running thence northwesterly along the
line dividing Lot 1 and Lot 2 of said subdivision 328 feet to a point located
on the east side of Pine Tree Drive; running thence southerly along the east side
of Pine Tree Drive 139 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.
0.
March 4, 1985 - Continued
Witness the signature of 60% of the electors resident in the area described below:
s/BONNELLE C. BOWIE
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/BONNELLE C. BOWIE, HORACE BOWIE
Max Bacon made a motion the signatures be validated and the public hearing set
for April lst. Hugh Ragan seconded the motion which carried 6-0.
Hugh Ragan introduced Larry Williams, the new Fire Chief for the City.
Bid Opening: Bids for a new car for the Fire Chief were opened, read and recorded
as follows:
Bleakley Ford $11,133.01
Wade Ford $11,084.81
Days Chevrolet $10,299.00 (100 amp alternator not available)
Hugh Ragan made a motion the bids be turned over to the Public Safety Committee
for evaluation with authority to purchase the low bid. James Williams seconded
the motion which carried 6-0.
Bid Opening: Bids for an Emergency Management vehicle were opened, read and recorded �I
as follows:
General GMC
$12,352.00
$13,723.00
(with
options)
Boomershine
$13,794.00
Camp Chevrolet
$13,531.63
$14,823.06
(with
options)
Nally Chevrolet
$13,061.37
$13,841.67
(with
options)
John Smith Chevrolet
$13,108.00
$14,349.58
(with
options)
Hugh Ragan made a motion the bids be turned over to the Public Safety Committee
for evaluation with authority to purchase low bid and report back at the next
meeting. James Williams seconded the motion which carried 6-0.
Report on Bid Award: Hugh Ragan said that only one bid was received for installation
of the Emergency Outdoor Warning System installation and it seemed to be out of
line. Hugh Ragan made a motion the bid be rejected and Jim Farley be authorized
to negotiate the installation on a time and material basis, not to exceed the
budgeted amount of $1,550. James Williams seconded the motion which carried 6-0.
Report on Bid Award: Hugh Ragan made a motion the hazardous materials response
equipment be purchased from the low bidders on a line item basis. Jack Shinall
seconded the motion which carried 6-0.
Report on Bid Award: Jim Hawkins made a motion the pool chemicals be awarded
to Dixie Chemicals, the low bidder at $3,814.05. Max Bacon seconded the motion
which carried 6-0.
Report on Bid Award: Jim Hawkins said the Parks Committee recommends the second
low bid of $8,497.00 be accepted from Strother Ford. The actual low bid was from
Days Chevrolet but the Ford station wagon provides additional needed room. Jim
Hawkins made a motion the bid be awarded to Strother Ford. Jack Shinall seconded
the motion which carried 6-0.
Request for Bids: Jack Shinall made a motion bids be requested for workmans compen-
sation insurance, to be returned at the next meeting. Jim Hawkins seconded the
motion which carried 6-0.
Amendment to Fire Code: Hugh Ragan said this proposed amendment is to clarify
Section 28.20 since some of the builders had questions about it pertaining to
single family dwellings. Hugh Ragan made a motion that Section 28.20 Chimney Chases
be amended by adding the following:
Section 28.20 subsection C.'(8) I
Chimney Chases. This section shall apply to all chimney chases for single family,'
one and two family, and multi -family dwellings and other applicable buildings\
as designated by the City Building Inspector or the City Fire Marshal.
Hugh Ragan made a motion the amendment be approved. Kathy Brooks seconded the
motion which carried 6-0.
March 4, 1985 - Continued
Commercial Building Permits: Commercial building permits were presented by Inspector
�--, Scott Stokes and recorded as follows:
1) Quality Tape and Label requested a permit for new construction at 3515 No.
Cooper Lake Road at a total estimated cost of $180,000. Hugh Ragan made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
James Williams seconded the motion which carried 6-0.
2) Pizza Hut requested a building permit for tenant space at 1525 Spring Road
at a total estimated cost of $30,000. Jack Shinall made a motion the permit be
approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks
seconded the motion which carried 6-0.
3) Smyrna Hospital requested a permit for remodeling at a total estimated cost
of $17,000. Jim Hawkins made a motion the permit be approved subject to approval
of the City Engineer and Fire Marshal. James Williams seconded the motion which
carried 6-0.
4) Ridgeview Institute requested a building permit to connect cottages C and
D at a total estimated cost of $145,000. Jim Hawkins made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon
seconded the motion which carried 6-0.
5) Cobb Center Mall requested a permit for remodeling at 2122 South Cobb Drive
at a total estimated cost of $340,000. Kathy Brooks made a motion the permit be
approved subject to approval of the City Engineer and Fire Marshal. James Williams
seconded the motion which carried 6-0.
Variance Moratorium: Jack Shinall stated the information he gathered during the
moratorium on variances revealed that our setbacks, buffer requirements, etc.
are almost identical to surrounding cities and counties. The one big difference
was the matter of fees and variance application requirements. There was also some
discussion on what actually defines a hardship and Mr. Camp is working on this
which we should have by the next meeting. Jack Shinall made a motion the moratorium
on variances be lifted with the following changes to application procedures:
1) Fees for all variances located within new- developments; residential, commercial,
townhouses, condominiums, etc. be set at $250.
2) Variances appurtenant to existing single family residential structures require
a $50 fee.
In addition, all requests for variances within new developments must be accompanied
by a detailed description of the hardship created by building within code require-
ments and why they need the variance. In addition to that all applications on
new developments must be accompanied by an engineers drawing indicating the existing
situation; i.e., as built to our code and outlining how the new structure will
be placed on the lot or outlining any movement of the structure on the particular
lot. Any development appurtenant to residential single family structures should
only contain a sketch of the construction. Jack said if we have any variances
at the next meeting we will have the hardship definition for comparison. The $250
variance fee will also apply to all commercial, existing as well as new construction.
Max Bacon seconded the motion which carried 6-0.
Ordinance: Attorney Camp said that several years ago, the Atlanta Regional Com-
mission undertook to give sample ordinances to cities in this area in connection
with the Chattahoochee River Tributary Protection Ordinance which falls under
their jurisdiction. This ordinance is to protect the water quality of the Chatta-
hoochee River by creating vegetation buffers adjacent to tributary streams in
the drainage area of the Chattahooche Corridor and to minimize land disturbing
activities within such buffer areas. Mr. Camp said the City would enforce and
regulate this ordinance. Hugh Ragan made a motion the ordinance be approved to
become effective March 5, 1985. Max Bacon seconded the motion which carried 6-0.
Wastewater TreatmentAgreements: City Engineer Mike Hutchinson said the EPA has
now mandated that industries pre -treat their wastewater to a domestic level and
the Interjurisdictional Pretreatment Agreement between Cobb County and the City
of Smyrna is to ensure compliance. Since the County owns and operates the wastewater
treatment system utilized by the City of Smyrna, the County will take care of
all sampling, metering, etc. and the City must agree to allow Cobb County access
and authority to operate this program. The High Strength Wastewater Surcharge
Agreement is for industries who elect not to pre -treat, or where treatment levels
March 4, 1985 - Continued
exceed domestic levels. This agreement would also require the City of Smyrna to
be responsible for billing and collection of the surcharge. James Williams made
a motion the Interjurisdictional Pretreatment Agreement and the High Strength
Wastewater Surcharge Agreement be approved. Jim Hawkins seconded the motion which I
carried 6-0. (Copy to be made a part of these minutes.)
Approval of Minutes: ' Jim Hawkins made a motion the minutes of February 4, .1985
be approved as submitted. James Williams seconded the motion which carried 6-0.
Max Bacon made a motion the minutes of February 18, 1985 be approved as submitted.
Jack Shinall seconded the motion which carried 6-0.
Approval of Golf Course Plans: Jim Hawkins presented plans of the golf course
for North Smyrna Park. This will be a par 61 and should open by August, 1985.
Jim said this land was deeded to the City by the Federal government with the stipula-
tion that it be used only for parks. The course will be built through a concession
agreement with Mr. Gene Jerrell at no cost to the City. Jim Hawkins made a motion
the plans be approved and approval also be given for a construction trailer for
12 months. Kathy Brooks seconded the motion which carried 6-0.
Vic Broyles said Welker & Associates is working on the plans for the extension
of Cherokee Road and we still do not know what will be required by the City. The
Department of Transportation is talking about letting bids in April or June and
approval of the engineering plans for utilities will be approved at a later date
when we know more about what is needed. �p
I ,
Committee Reports: Max Bacon thanked the Smyrna Kiwanis for adopting the area
in front of Belmont Hills as their clean up project through the Clean City Committee.
Max also thanked Barbara Hollingsworth and her Girl Scout troop for adopting the
swing area on Bank Street at Atlanta Road. Max commended the Clean City Committee
for getting these projects off the ground.
(Water) James Williams said that according to Welker & Associates we are now
ready to advertise for bids for Phase I of the sewer rehabilitation. James made
a motion the rules be suspended. Hugh Ragan seconded the motion which carried
6-0.
James Williams made a motion bids be received no later than 2:00 p.m. on March
28, 1985 for Phase I which is the Belmont Hills area. Bids will be received at
City Hall and specifications can be picked up at Welker's office. Bids will be
opened on March 28th with the committee and Welker & Associates. Jim Hawkins seconded
the motion which carried 6-0.
James Williams said we have had a good response from the letters sent to water
customers with about 20 to 25 stating they were already connected to sewerage.
These people were added to the March billing. James said the other responses were
about 50/50.
Jim Hawkins wished Bob Davis a speedy recovery from surgery.
(Finance) Jack Shinall stated we had received about 150 applications for the
City Administrator's job and the committee is doing some preliminary screening.
Al -so, preliminary budget figures will be ready soon.
(Library) Kathy Brooks made a motion the rules be suspended. Hugh Ragan seconded
the motion which carried 6-0.
Kathy Brooks made a motion the bid for the ceiling the replacement at the library
be awarded to R&R Interiors at $3,750, with $2,400 to be paid from Contingecy.
Kathy said that Mrs. Morris had had some unfortunate problems in maintenance this
year and had spent more than she anticipated. Max Bacon seconded the motion which
carried 6-0.
Doris Morris reported on library activities and said that tax forms are available.
(Public Safety) Larry Williams stated he was happy to be on board and looked
forward to a good working relationship.
Announcements: CMA dinner meeting at Aunt Fanny's Cabin on March 12th; next council
meeting March 18th.
Mayor Bacon said that Clarence Brooks had been in the hospital but was now at
home recovering and wanted him to know everyone was thinking about him.
With no further business, meeting adjourned at 8:55 p.m.