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03-19-1984 Regular MeetingMarch 19, 1984 The regular scheduled meeting of Mayor and Council was held March 19, 1984 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Tolleson. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Assistant Public Works Director Vic Broyles, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry Reavis, Civil Defense Director Jim Farley, Assistant City Clerk Melinda Hiatt, Building Inspector Larry Dunn, Librarian Doris Morris and representaztives of the press. Invocation was given by James Williams, followed by the pledge to the flag. Max Bacon reported that Mayor Bacon was now out of Intensive Care and feeling much better since his surgery on March 14th. There were no citizens reports. Residential Business License: Daniel T. Power requested a residential business license for his home at 908 Magnolia Drive. There was no opposition from the aud- ience. Mr. Power said the name of his business was Comspec and they wire residential homes for video systems, cable TV and audio systems. They have other offices in Clayton County and Douglas County but the license for his home would be to enable him to make telephone sales. Mr. Power said he has one pickup truck that will be parked in his driveway, as it is now. Mr. Power said he has an enclosed garage that would .be used for storage of equipment and he realized there could be no outside advertisement or retail sales made from his home. Mr. Power also had a petiton signed by neighbors living within a 300 foot radius stating they had no objection. After further discussion, Jim Hawkins made a motion the license be approved. James Williams seconded the motion which carried 6-0. Variance: Michael Wright represented Circuit City in their request for a variance from 50 feet to 30 feet on the rear setback line. Max Bacon said since this was tabled at the last meeting, a letter had been submitted from Glen Properties, the adjoining property owner, stating they had no objection to the variance and made a motion it be approved. Jim Hawkins seconded the motion which carried 6-0. Variance: Jerry Hester represented Mr. Louie Bentley in his request for a variance on reduction of lot size for Dye -Co Fastlube, 2249 South Cobb Drive. Mr. Hester said they were requesting council approval to sell 50 feet from the rear portion of the property to Mr. Harold A. Benson who owns the property to the rear of Dye -Co. The lot is now 100 x 200 which meets the minimum lot size required for General Commercial zoning; however, the 50 feet on the back portion is not being utilized and is of no benefit. Mr. Hester said that Mr. Benson has indicated he would like to develop his property at some time in the future and could use the additional 50 feet. Kathy Brooks said council would be setting a precedent in granting a variance of this nature and read Section 506 of the ordinance which states that no lot shall be reduced in size so that other requirements of the ordinance are not maintained. Mr. Hester said this property has been developed to its fullest and felt that Mr. Bentley had shown a need for the variance as provided in our Code. Also, Mr. Bensons property cannot be developed to its highest and best use unless he is able to acquire the additional property from Mr. Bentley. Mr. Hester said that the setbacks on the Dye -Co property would still be in compliance with our ordinance if the variance was granted. Attorney Camp said this is a platted lot and it would have to be re -platted if the variance is granted. Jack Shinall stated the minimum lot size does not mean the entire lot has to be utilized; rather it is for aesthetic values. After further discussion, Kathy Brooks made a motion the variance be denied. Hugh Ragan seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspector Larry Dunn and recorded as follows: (1) Enplas U.S.A. requested a building permit for new construction at 2000 Windy Hill Road at a total estimated cost of $2,700,000. James Williams 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. (2) B. Wilmont Williams requested a building permit for construction of a new office building at 1800 Lake Park Drive at a total estimated cost of $1,361,920. 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. March 19, 1984 - Continued (3) Wesley Moran requested a building permit for construction of the first develop- ment in Highlands Park at a total estimated cost of $1,090,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jim Hawkins seconded the motion which carried 6-0. Bid Opening: Bids for equipment for the fire ladder truck were opened, read and recorded as follows: Charles Harry American McLarty Harless Safety 30b' - 50' Sectionp w%fiwi'sC Lock End - Elec. Cord 300.00 225.00 336.00 400' - 3" Hose Lightweight Coup. 800 Lb. Test - White 1,080.00 720.00 116.00 1600 Lb. Test) 1 - Generator - 3000 Watt K-300 640.00 .630.00 635.00 1 - Set Air Horns 24" Sottertown 200.00 160.00 262.00 2 - Salvage Covers 12 x 14' 124.00 113.00 135.00 3 - 500 "Watt' Circle D Lights 500 Watts - 150 Floodlight 285.00 247.50 280.00 600' - 12'' Hose Lightweight Coup. 800 Lb. Test - White 780.00 708.00 725.00 2 - Nozzles - 1i' Turbo Jet Akron 1715 500.00 475.00 499.00 2 - Nozzles - 11' Turbo Jet Akron 1710 460.00 440.00 475.00 Jim Hawkins made a motion the bids be turned over to the Public Safety Committee with their recommendation back to full council at the next meeting. Jack Shinall seconded the motion which carried 6-0. Bid Award: Jim Hawkins said the Public Safety Committee recommended Wade Ford be awarded the bid for four new police cars at $9,817.22 each, and made a motion the bid be accepted. Cody Chevrolet was the actual low bid but we would like to maintain Fords in our fleet. Jack Shinall seconded the motion which carried 6-0. Clean City Committee: Appointments to the Clean City Committee were made as follows, to be effective until December 31, 1985. Ward 1: Elsie Rape Ward 2: Patsy Elrod Ward 3: Deferred to next meeting Ward 4: Judy Hawkins Ward 5: Deferred to next meeting Ward 6: Lester Weathers Ward 7: Mary Ann Lasseter Max Bacon made a motion the appointments be approved. Kathy Brooks seconded the motion which carried 6-0. Approval of Resolutions: Attorney Camp read a resolution (copy attached) urging Governor Harris to sign H.B. 1139 to assure improved cash flow for municipalities and counties under the new statewide insurance premiums act. Max Bacon made a motion the resolution be approved. James Williams seconded the motion which carried 6-0. Attorney Camp read another resolution urging the Governor to sign H.B. 1206 (copy attached) which would give some relief to the requests received by the City for refunds of insurance premiums taxes for the years 1981, 1982 and 1983, thusfar total- ing $177,293.65. Jack Shinall made a motion the resolution be approved. James Wil- liams seconded the motion which carried 6-0. March 19, 1984 - Continued Committee Reports: James Williams made a motion the rules be suspended to vote -� on two items not on the agenda. Jim Hawkins seconded the motion which carried 6-0. James Williams said that under the Community Development Block Grant program, the City could now participate in a 3 month program during the summer which would enable us to hire high school and college students of low income. This is similar to the Ceta program and the only cost to us will be FICA and workmans compensation. James Williams made a motion we hire 20 students for a 3 month period under the CDBG pro- gram. Following a question from Jack Shinall, Willouise Spivey said the students would have to apply and be cleared through the Labor Department and An turn, they will send us a list of eligible applicants. Jack Shinall seconded the motion which carried 6-0. James Williams made a motion the rules be suspended to allow him to make another motion. Max Bacon seconded the motion which carried 6-0. James Williams said the City has optioned to purchase the James Benton property at the corner of King and Bank Streets for $69,900, to be used for a parking lot until a greater need is established. James made a motion the City purchase the Benton property for $69,900, to be paid from short term General Fund Certificates of Dep- osit. Hugh Ragan seconded the motion. Jack Shinall said when the property is used for parking he would like to have some type fence around the, lot, with no .ingress or egress from Bank Street. Max Bacon said he also felt we should stand by the agree- ment that was made when Mr. Benton had the property rezoned. Jack Shinall amended the original motion to state that a fence be erected around the property with no ingress or egress from Bank Street. Mayor Protem Jim Tolleson ruled the amendment out of order since it has nothing to do with the motion to pur- chase the property. Vote on the motion to purchase the property carried 6-0. Jack Shinall then made a motion that if the property is used for parking, a 6 foot opaque fence be established on the rear portion adjacent to the residential side. Jim Hawkins seconded the motion which carried 6-0. Jack Shinall thanked Chief Little and his officers for their help in putting a stop to loitering from patrons of Red Baron's Game Room. (Library) Doris Morris reported on library activities. Kathy Brooks said this Saturday the Special Olympics would be held at Walton High School and urged everyone to attend. Hugh Ragan said there had been another serious accident on Concord Road at Havilon Way and the consensus of opinion from concerned residents in the area is that speed- ing is the cause of these accidents. Hugh reminded everyone to keep their cars within the speed limits and said he would talk to Chief Little and ask that the area be patroled more closely. Jim Tolleson said he had received two calls over the weekend and Mayor Bacon had recently received two letters concerning speeding on Village Parkway. Also, he had one report today about speeding in Falling Waters, and it has become quite a problem. Announcements: Jonquil Breakfast March 21st and next council meeting April 2nd. Max Bacon read a letter from a citizen commending Vic Broyles, Ike Thornton and Tom Collier for their prompt response in handling a sewer problem. Willouise Spivey reported that tomorrow, budget worksheets would be given out to all Department Heads. With no further business, meeting adjourned at 8:35 P•m• March 19, 1984 - Continued ARTHUR T. BACON, MAYOR WILLOUISE C. SPIVEY, C Y CLE A' S E. TOLLESO A D 1 MAX BACON, WARD 2 JA E iLAMS,IWARD� /J� JMES M. HAWKINS, WARD 4 / �!m�������� THY BBrS , WARD 6 HUGH RAGAN', WARD 7 dye cam,, 114� ct _Mjn4cz6_ twIN a� MOR UAk.— V-11 a /0- '6A c-3— --j ,rce 40 RESOLUTION Resolved by the Mayor and Council of the City of Smyrna WHEREAS, the 1984 General Assembly of Georgia has acted favorably in the passage of House Bill 1206; and, WHEREAS, the City of Smyrna has received requests for refunds of insurance premiums taxes paid by insurers for the years 1981, 1982 & 1983 in the total amount of $ 177,293.65 ; and, WHEREAS, refund of this traditional municipal revenue source would result in higher uronerty taxes for property owners in the City of Smyrna and, WHEREAS, House Bill 1206 is designed to avoid any unjust enrichment for any insurer which may be entitledto a refund; and, WHEREAS, said bill would aid local governments seeking relief from such claims. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Smyrna that the Honorable Joe Frank Harris, Governor of Georgia, is hereby requested to act expeditiously in signing House Bill 1206 into law. BE IT FURTHER RESOLVED that a copy of this Resolution T be forwarded by the city clerk to Governor Harris and to the fL Georgia Municipal Association. RESOLVED this 19thday of March , 198 4 ayor Protem ATTEST: City Clerk RESOLUTION Be it resolved by the Mayor and Council of the City of Smyrna WHEREAS, the 1984 Georgia General Assembly has approved House Bill 1139; and, WHEREAS, House Bill 1139 would assure improved cash flow for municipalities and counties under the new statewide insurance premiums tax act; and, WHEREAS, the establishment of administrative procedures to assure an efficient implementation of this bill is critical; and, WHEREAS, the Georgia Insurance Department has been assigned the responsibility for collecting and distributing said tax on behalf of cities and counties; and, WHEREAS, the Department is in need of the maximum time allowable to enable the establishment of an appropriate administrative mechanism to assure the tax is collected and distributed to cities in accordance with the dates specified in the bill. NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Smyrna request the Honorable Joe Frank Harris, Governor of the State of Georgia affix his signature to this bill at the very earliest opportunity so that implemen- tation can begin. BE IT FURTHER RESOLVED that the city clerk is hereby directed to send a copy of this Resolution to Governor Harris and to the Georgia Municipal Association. RESOLVED this 19th day of March 198 4 ayor rote ATTEST: City Clerk