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05-07-1984 Regular MeetingMay 7, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on May 7, 1984. The meeting was called to order by presiding officer Mayor Protem Jim Tolleson at 7:30 o'clock p.m. 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, Civil Defense Director Jim Farley, Librarian Doris Morris and representatives of the press. Invocation was given by Hugh Ragan, followed by the pledge to the flag. Citizens Reports: Pat Curtis of Stonecreek Road complained of recent grading at the corner of South Cobb Drive and Bank Street and said the contractor had graded all the way to the creek and did not leave any foliage. Jack Shinall said the City Marshal had been instructed to stop work and the buffer would have to be restored. The developer will be cited for these violations tomorrow morning. Jack said that later in the meeting he would make a motion the rules be suspended to suspend the variance approved for this location until the developer is in compliance. Beryl Renfroe of Falling Water Drive complained of drainage problems at his home and said the silt retainage pond no longer functions because the banks have eroded. Mr. Renfroe said he has not been able to get any response from the builder. Vic Broyles said he met with Mr. Renfroe about two weeks ago and had asked Jim Mallet for his 'recommendations. Mr. Mallet prepared a list of things that need to be done '* but they cannot get Mr. Minchew to comply. There is also a problem at Falling Waters, adjoining Afton Downs and both developers are aware of the problem. After further discussion Vic was asked to meet with Mr. Minchew this week and Jim Tolleson asked Mr. Renfroe to leave his telephone number so that we can get in touch with him later. James Williams made a motion the rules be suspended. Jim Hawkins seconded the motion which carried 6-0. Attorney Camp then read a proclamation for Municipal Clerk's Week and Jim Tolleson presented roses to Willouise Spivey and Melinda Hiatt. CONSENT AGENDA 1) Approval of minutes: April 2 & 16 2) Approval for use of construction trailer, Mill Pond Village - Charlie Jones, applicant 3) Approval to surplus equipment from Street Department: A) 1972 Western Roller Model No. R-2000 S.N. 5079 & trailer B) 1977 Quincy air compressor model #QH1500SH-00406-size 1 C) 1978 Model - 460 cu. in. V8 engine with C-6 transmission 4) Approval to surplus equipment from Emergency Management Department: A) 1 - 1973 Ford Sedan #3U53N138713 B) 1 - SCM wet process copier C) CO2 fire extinguisher bottles (5) D) 1 - wooden crate E) 4 - military type portable teletype machines F) 1 - lot steel wire shelving G) 1 - desk swivel chair with arms and wheels H) 1 - old IBM dictation equipment I) 1 - chainsaw J) 2 - VHF high band antennas K) 1 - AB Dick copy machine t5) Approval to close Doeskin Lane for block party, June 9th at 6:00 p.m. 6) Approval of $1500 to install drainage pipe at Cobb Park 7) Approval of G.M.A. dues - July 1984 to June 1985 - $3,474.46 �CY 8) Approval of quit claim deed - dead end of Barbara Lane There were no questions or comments from the audience and Max Bacon made a motion the consent agenda items be approved. Jim Hawkins seconded the motion which carried 6-0. May 7, 1984 - Continued Rezoning: M. Hogg, Bruntwood Estates, requested rezoning of the old Henderson Florist building in King Springs Plaza Shopping Center, Land Lot 528, from Neighbor hood Shopping. to General Commercial. Bob Davies of Avesta Realty represented the applicant and said they have been approached by Joe Corley to use the building for a health studio, or they may divide the building for office use. They are asking for rezoning on this building only, and have no plans to redevelop the lot. Max Bacon read the minutes of the Planning and Zoning Board meeting where they recommended the rezoning be approved. Max Bacon said he was not comfortable with making a decision tonight until the plans for use of the building were concrete and made a motion this item be tabled to the next meeting. James Williams seconded the motion which carried 6-0. Public Hearing - Charter Amendment: Attorney Camp read the proposed charter amendments as follows: By deleting present Sec. 77(9)(a) in its entirety and substituting in lieu thereof a new Sec. 77(9) (a), (b) and (c), Department Heads, as follows: Sec. 77(9) Department Head. (a) The chief of the police department, chief of the fire deparatment and all other department heads shall be subject to and serve under the provisions of the civil service act of the City of Smyrna after completion of the twelve (12) month probationary period, except in the manner of filling a vacancy for such position which shall be conducted as provided in this section. (b) In the event a vacancy shall occur in the office of chief of the fire department, chief of the police department, or the head of any other department under civil service in the City of Smyrna, Mayor and Council may appoint an acting Chief or department head who shall hold such office until the chief or department head is appointed as herein provided. (c) In the event a vacancy shall occur in the office of chief of the fire department or chief of the police department, or head of any other department under Civil Service in the City of Smyrna, the Civil Service Board shall accept and review all applications for such office, test and interview all applicants in accordance with the procedures established for filling other vacancies and thereafter submit to Mayor and Council the names, test results, and applications of all qualified eligible applicants, with all recommendations, comments, findings and minutes of the Civil Service Board as relates to each applicant; thereafter Mayor and Council may select such applicant deemed best qualified to fill such positions or request additional applications be taken by the Civil Service Board. By deleting present Sec. 77(14) in its entirety and substituting in lieu thereof — a new Sec. 77(14), Minutes and Records of Board Business, as follows: Sec. 77(14) Minutes and Records of Board Business. Said Civil Service Board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be on file in the office of the clerk of the Mayor and Council of the City of Smyrna. The clerk of the board, or his designee, shall attend all meetings of said Civil Service Board and shall keep the minutes and records of same. Jim Hawkins said that basically, the Civil Service Board, after testing and inter- viewing will turn all applications of those qualified to Mayor and Council for their selection. Also, the Civil Service Board will submit requirements for qualification to Mayor and Council for their approval. Under,the present system, the Civil Service Board submits their top three choices. Jim Hawkins said he felt this was much more fair and cuts out a lot of red tape. Jim said he felt the final decision in selecting a chief was with the people and the power of the people is in this body. Earle Cochran, chairman of the Civil Service Board spoke and said he was opposed to any changes and felt our present system was effective. Also, the newspaper advertisements were very misleading because they covered several changes not ,,mentioned tonight. Attorney Camp said that initially there was a difference of opinion as to what should be changed and it was necessary to advertise each amendment that was being considered. However, Section 77-9 and Section 77(14) are the only -� changes to be considered. Sue Brissey spoke against the charter amendment and said if there was any way to keep politics out of selecting a Chief, they should. May 7, 1984 - Continued Gardner Potter also spoke in opposition and said he helped write the Civil Service law and was the first chairman of the board. Prior to establishment of the board, politics was in the police and fire departments and he felt this would be taking a step backward. . Sam Wehunt of the Smyrna Fire Department spoke and reminded Council they had a petition signed by 100% of the police department and also signed by all but two members of the fire department, opposed to the amendment. , Wink Winkenhofer also spoke in opposition and said we have a good working board that does its job. The Civil Service Board is the only protection our chiefs have from politics. After further discussion, Jack Shinall made a motion that only Sections 77(9)Fg+ and 77(14) be considered i• -the-amendment. Hugh Ragan seconded the motion. Attorney Camp said the ad would have to continue as is even if there was a mistake in it; council could pass any part or all of what was advertised. Vote on the motion carried 6-0. (Corrected per meeting of June 4, 1984.) Jim Hawkins said he hoped this would settle any questions anyone may have about trying to remove the chiefs from Civil Service and they would still be fully protected under Civil Service law. The petition signed by policemen and firemen refers to the removal of the chiefs, and that is not the intent. Ridgeview Institute: James Williams made a motion the City accept the proposal from- .Ridgeview Institute to purchase the City's interest in the hospital for $2,070,000 cash at closing and in consideration of the unofficial opinion of the Attorney General, to authorize the Mayor or Mayor Protem to execute a deed to the same upon receipt of the sales price, and opinion of Bond Council that the sale will not affect the bond issue of Ridgeview in any way. Let the record also show that the acceptance of the sales price is based upon an approved appraisal and the review and approval thereof of two financial advisors acting on behalf of the City. Max Bacon seconded the motion which carried 6-0. Bob Fink, representing Ridgeview, thanked members of council and presented a check in the amount of $2,070,000. Jim Tolleson said the Hospital Authority would still be in effect after the sale. Rezoning: Rob Berry requested rezoning of property in Land Lot 592 located on Whit- field Street at Crumley Drive from RTD to RD-4. Mr. Berry said he was requesting the rezoning to enable him to build a more appealing building on the property but it would not change the density or size. There was no opposition from the audience and James Williams said the Planning and Zoning Board had recommended it be approved. James Williams made a motion the zoning be approved as requested. Jim Hawkins seconded the motion which carried 5-0. Jim Tolleson stated that Hugh Ragan had to leave the meeting early to go out of town on a business trip. Annexation: Marguerite Little requested annexation of property on Spring Road at Jonquil Drive in Land Lot 631, the legal description having been read and made a part of the March 12, 1984 meeting. Mrs. Little asked if council could discuss her zoning and variance requests before acting on the annexation. Mrs. Little said she would like to upgrade the property and cannot change the fact the lot is only 14,070 square feet. In addition to the rezoning from Residential to General Commercial she was requesting a variance on the lot size from 20,000 to 14,070 square feet; a 5 foot reduction on the setback on Jonquil Drive; and a reduction in required parking spaces from 17 to 15. Max Bacon told Mrs. Little her lot size would only fit under Limited Commercial and asked her if she could not use the LC zoning. Mrs. Little said she was afraid she may get an offer on the property for development that would not fit in the Limited Commercial category and would prefer to have General Commercial. Jack Shinall said the ordinance on minimum At size was developed to permit certain buildings and construction to protect the health and welfare of the community. Council also had a similar request a short time ago requesting a reduction in lot size. Jim Tolleson said this is an odd shaped piece of property and he would be in favor of granting her the variance. Mrs. Little said she would consider developing the lot herself but did not have any definite plans. After further discussion, Jim Hawkins made a motion the annexation be denied. Kathy Brooks seconded the motion which carried 4-1, with James Williams opposed. May 7, 1984 - Continued The rezoning and variance requests by Marguerite Little were not heard due to the annexation denial. Commercial Building Permits: In the absence of Inspector Larry Dunn, commercial building permits were presented by Max Bacon and recorded as follows: (1) Lincoln Properties requested a permit for construction of 312 apartment units on Lake Park Drive at a total estimated cost of $6,861,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 5-0. (2) Douglas Smith requested a building permit for construction of a new office building at 997 Cherokee Road at a total estimated cost of $128,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 5-0. (3) Halpern Enterprises requested a permit for an addition to Carters Pawn Shop at Belmont Hills Shopping Center at a total estimated cost of $20,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 5-0. (4) S. R. Phillips requested a building permit for an addition to his shopping center at 570 Cherokee Road at a total estimated cost of $36,000. Max Bacon made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 5-0. TEFRA Hearing: Attorney Camp read a letter from the Housing Authority concerning _ the issuance of multifamily housing revenue bonds for the benefit of Post Properties, Inc., addressed to the Mayor and Council. Mr. Camp said the Housing Authority held a public hearing at 6:30 this evening and were asking approval of their action tonight. Mr. Camp read a Resolution approving the issuance of $20,000,000 in bonds for construction of 494 multifamily housing units ( copy to be made a part of these minutes). James Williams made a motion the Resolution be adopted. Jim Hawkins seconded the motion which carried 5-0. Validation of Signatures: James Williams read an application for annexation of property on Spring Road 8 Madison Street 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 Lot 632 of the 17th \ District, 2nd Section of Cobb County, Georgia, being known as Lots 34, 35, and 36 of Woodland Subdivision, as per plat recorded in Plat Book 12, Page 57, Clerk's Office, Cobb County Records. 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/R. C. HALIBURTON & BILLIE B. PARRIS James Williams made a motion the signatures be validated and the public hearing set for June 4, 1984. Jack Shinall seconded the motion which carried 5-0. Validation of Signatures: Attorney Camp read an application for annexation of 8.803 acres on Atlanta Road as follows: We the undersigned, who constitute sixty percent (6070 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, 4122 413; 19712 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 629 of the 17th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: May 7, 1984 - Continued BEGINNING at a point on the northeasterly right of way line of Atlanta Road (also known as Georgia Highway #3 and having a 30 foot right of way) 601.37 feet southeast- _ erly', as measured along the northeasterly right of way line of Atlanta Road and ,J I following the curvature thereof from the intersection of the northeasterly right `•. of way line of Atlanta Road with the westerly land lot line of Land Lot 629; running thence South 58 degrees 54 minutes East along the northeasterly right of way line of Atlanta Road 881.05 feet to a point; thence North 01 degree 06 minutes West 35.46 feet to a point located on the northeasterly line of what was formerly a 30 foot trolley right of way; thence North 01 degree 06 minutes West 620.89 feet to a point located on the northeasterly line of a 66 foot railroad right of way; thence North 70 degrees 42 minutes West along said railroad right of way line 207.86 feet to a point; thence continuing along said railroad right of way line North 64 degrees 21 minutes West 200.04 feet to a point; thence continuing along said railroad right of way line North 60 degrees 01 minute West 97.04 feet to a point; thence South 34 degrees 47 minutes West 462.95 feet to a point on the northeasterly line of what was formerly the aforesaid 30 foot trolley right of way; thence South 34 degrees 47 minutes West 30.07 feet to the northeasterly right of way line of Atlanta Road and the point of BEGINNING; being 8.803 acres and shown as Tract A on the topographic survey for Mrs. A. L. Crowe by David W. Lynah, Registered Land Surveyor, dated December 10, 1980, and showing last revised February 28, 1984. 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/ARTHUR CROWE, JR. Max Bacon made a motion the signature be validated and the public hearing set for June 4, 1984. James Williams seconded the motion which carried 5-0. North Smyrna Park: Jack Shinall said that in 1976 seventy-seven acres was deeded to the City of Smyrna by the Department of Interior. The required usage is for recreation only, and if not used for recreation purposes, the property will revert to the government. Jack said the property is too valuable to lose and we need to adopt a revised utilization plan. Phase I of the plan includes picnic areas, a fitness court and jogging trail. Phase II would be either a golf course paid for by someone else under a concession agreement, or a multi purpose community center. Phase III would be for ballfield construction. Jack made a motion the revised utilization plan and the initial cost of $15,500 be approved. Jim Hawkins seconded the motion which carried 5-0. Jim Tolleson read a resolution urging the Cobb County Commissioners • to proceed as quickly as possible in constructing the East/West Connector and said the City of Powder Springs was approving the same resolution at their meeting tonight. Max Bacon made a motion the resolution be approved. James Williams seconded the motion which carried 5-0. Housing Authority: Kathy Brooks made a motion that Jean Bradley be appointed to the Housing Authority for a one year term. Max Bacon seconded the motion. Attorney Camp said the motion should not state the length of term in office because the terms will be staggered. Kathy Brooks amended the motion to appoint Jean Bradley to the Housing Authority. Jack Shinall seconded the amendment. Vote on the amendment and main motion carried 5-0. Bid Request: Jim Hawkins made a motion that bids be requested to refurbish the 1967 pumper truck from the Fire Department which, when completed, should give an additional 12 to 15 years of service. James Williams seconded the motion which carried 5-0. Max Bacon made a motion bids be requested to install the Smyrna Hill Drive sewer line, approved under the Community Development Block Grant program, to be opened May 21st. Jim Hawkins seconded the motion which carried 5-0. Ordinance Amendment: Max Bacon stated that Section 22-28 of the ordinance calls out the amount of deposit required for commercial garbage collection and made a motion this section be deleted -in its entirety and replaced with the following, to eliminate the outdated figures that are spelled out. Section 22-28 - Deposits. Any person desiring to operate a business in the City shall pay a deposit for sani- tation services. Said deposit shall be held by the City upon the closing of the business until after the rendering of the final bill due the City for services. The amount of deposit shall be set by Mayor and Council. May 7, 1984 - Continued Jack Shinall seconded the motion to approve the ordinance amendment -which carried 5-0. Committee Reports: (Library) Kathy Brooks announced the library had a dedication J� yesterday for an electronic magnifier for the low visioned. Doris Morris said this is the first library in the area to provide for low vision patrons. (Parks) Jack Shinall said there was a good turnout for the King and His Court soft- ball game and the Spring Festival and thanked the Parks and Recreation Department for their hard work. Jack Shinall said Jim David had suffered a heart attack on Saturday night and our hearts should be with him and his family. Jack Shinall made a motion 'the rules be suspended. Max Bacon seconded the motion which carried 5-0. Jack Shinall stated the builder responsible for grading at the corner of South Cobb Drive and Bank Street is definitely in violation of at least 3 parts of the zoning ordinance. When a variance was approved on the rear yard setback, the minutes state that he would agree to retain as much existing foliage and trees along the creek bank as possible. Jack made a motion the building permit and variance be temporarily suspended until vegetation along the back of the property is replaced and he has answered other violations pertaining to the soil and sedimentation ordinance. James Williams seconded the motion. Attorney Camp suggested council may want to give him the opportunity to show cause as to why the permit and variance should not be suspended. The motion and second were withdrawn. Jack Shinall then made a motion the building permit and variance be temporarily suspended until vegetation along the back of the property is replaced and he has answered other violations pertaining to the soil and seimentation ordinance. Also, if this cannot be handled before the next meeting the builder shall appear before Mayor and Council and show cause as to why the permit and variance should not be lifted. James Williams seconded the motion which carried 5-0. Jim Hawkins said the citizens committee recently appointed to study the intersection of Concord and Havilon had submitted their recommendation. They reported over 50 accidents in the past 14 years at this location which in many cases were caused from driving under the influence of alcohol or excessive speeding. They recommended that two flashing lights be installed on Concord warning of a dangerous intersection, as the present light is not effective in reducing speeding or accidents; two warning signs be installed that radar is being used and that assistance be requested from the DUI Task Force for radar assistance. Jim Hawkins also stated the pavement drops off on one side of the road and felt that was also a big factor. Chief Little stated the ingress and egress lane constructed for the new townhouse development is deceiving because it looks like an additional lane at night. Harold Thompson also spoke and said there was another bad wreck last Sunday morning involving four young men and one was in very serious condition. He stated less than 50% of the accidents have been alcohol related and youth is not the problem either; the problem is speeding. (Public Safety) Jim Hawkins thanked the Fire Department for their help during the bad storm last week and said the Civil Defense Department also did an excellent job in warning people of a possible tornado. (Sanitation) Max Bacon said we were in the first week of clean up month but the storm will put us a little behind. Max reminded everyone of the 4 locations with dumpsters where citizens can take their trash on weekends. Jim Tolleson said that Mayor Bacon was feeling much better but asked him to fill in for him tonight. Jim David is in Piedmont Hospital and we do not know the severity of his heart attack. Also, Wesley Barre, a part time employee from Public Works, had a severe heart attack Saturday night. Announcements: 1984. City auction next Saturday, May 12th; next council meeting May 21, With no further business, meeting adjourned at 9:40 p.m.