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06-04-1984 Regular MeetingJune 4, 1984 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on June 4, 1984. 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 except Jim Tolleson who was out of town. 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, Assistant Librarian Moni Myers, and representatives of the press. Invocation was given by Max Bacon, followed by the pledge to the flag. Citizens Reports: Walt Hendry officially requested that he be placed on the agenda for the next meeting for council to consider condemnation of property adjoining his at Hickory Mill Subdivision, to allow him to tie onto the sewer line. Mr. Hendry said he was told Friday at noon that council did not have sufficient information to hear his request tonight. Mr. Hendry said he had furnished council with percolation test results for the back yard, a proposed drawing of the easement requested and letters from neighbors indicating a desire to tap onto the line and said it was his understanding the only other thing he would need was percolation test results from the front yard. Mayor Bacon said if council had all the information they needed, he would be placed on the next agenda. Sue Brissey complained of yard sale signs in the City and said she had a copy of a new Supreme Court ruling that gives cities the right to ban all signs. Rezoning: Ted Jones represented M. Hogg of Bruntwood Estates in their request for rezoning of the former Henderson Florist building at King Springs Plaza Shopping Center from Neighborhood Shopping to General Commercial. Mr. Jones said when they tried to lease the building they were confronted by a karate studio and another person who wanted to lease office space, neither of which is allowed in Neighborhood Shop- ping. At the present time they are negotiating with the karate studio and a chiroprac- tor about leasing office space. Also, everything else along South Cobb Drive is zoned General Commercial and the only Neighborhood Shopping is King Springs Plaza. Hugh Ragan said he understood when the property was zoned Neighborhood Shopping it was approved due to the existing homes in the neighborhood, and he had some problem with other things that would be allowed in GC if it was rezoned. After further discussion Max Bacon made a motion the rezoning be approved. Jack Shinall seconded the motion which carried 5-1, with Hugh Ragan opposed. Annexation: R. C. Haliburton and Billie B. Parris requested annexation of property on Spring Road at Madison Street in Land Lot 632, the legal description having been read and made a part of the May 7, 1984 minutes. There was no opposition from the audience and James Williams made a motion the annexation be approved, to become a part of Ward 3. Jim Hawkins seconded the motion which carried 6-0. Annexation: Arthur Crowe requested annexation of 8.803 acres on Atlanta Road in Land Lot 629, the legal description having been read and made a part of the May 7, 1984 minutes. Max Bacon made a motion the property be annexed to become a part of Ward 2. James Williams seconded the motion which carried 6-0. Max Bacon said this property is between Bills Tire Company and the old Crowe estate and was zoned RTD-8 by the county in 1983. Variance: Jim Bechtel represented Post Properties in their request for an internal setback from 60 feet required to 50 feet on one building in the Gardens of Post Vil- lage. Mr. Bechtel said they were asking that the corner of building 4 be pivoted closer to the parking lot by 10 feet and allow them to get a little further off the road. This would place building 4 closer to building 3 than is allowed, but would allow more room for landscaping along the main entry road. James Williams asked if this had been approved by their architectural review board as they have done in the past. Mr. Bechtel said he was a member of that board and there was no objection. Hubert Cochran said there would be no problem with the variance as long as there was room for fire trucks to get in. James Williams made a motion the variance be approved. Max Bacon seconded the motion which carried 6-0. 71- A lady from the audience asked that she be allowed to read a letter and Mayor Bacon called for a 10 minute recess. There were no commercial building permits. Public Hearing - Charter Amendment: Jim Hawkins read the proposed Civil Service charter amendment as follows: June 4, 1984 - Continued Section 77(9)(a) Department Head Vacancy (a) In the event a Chief of the Police vice in the City of ment head who shall as herein provided. vacancy shall occur in the office of Chief of the Fire Department, Department, or the head of any other department under Civil Ser- Smyrna, Mayor and Council may appoint an acting chief or depart - hold such office until the chief or department head is appointed (b) 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 applica- tions for such office, test and interview all applicants in accordance with the pro- cedures established for filling other vacancies and thereafter submit to Mayor and Council the names, test results, and applications of all qualified eligible appli- cants, 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 appli- cations be taken by the Civil Service Board. Section 77(14) Minutes and Records of Board Business Said Civil Service Board shall keep minutes of their meetings and records of all business transacated 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. There were no questions or comments from the audience and Jim Hawkins made a motion the amendment be approved, seconded by Kathy Brooks. Jack Shinall said he felt sure the Civil Service Board would prepare qualifications for these positions very shortly and present them to Mayor and Council for approval. Vote on the motion to approve the amendment carried 6-0. Validation of Signatures: Attorney Camp read an application for annexation of 9.87 acres on Atlanta Road in Land Lot 595 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 595 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located on the southern right of way of the L&N railroad, said point being 558 feet northwest of the east line of said Land Lot No. 595, go thence north 48 degrees 13 minutes 35 seconds west, 502.00 feet to an iron pin on said railroad right of way, thence south 43 degrees 52 minutes 21 seconds west 692.25 feet to an iron pin on the north right of way of Atlanta Road (Georgia Hwy. 3), thence south 53 degrees 12 minutes 13 seconds east, 797.15 feet along said highway right of way to an iron pin; thence north 18 degrees 34 minutes 44 seconds east, 677.37 feet to an iron pin and the point of BEGINNING. Said tract contains 9.87 acres and being shown on plat by Paul Lee, RLS #1715 dated 2/28/84. 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/DONALD L. FOLSOM, EXECUTOR OF ESTATE OF EVELYN W. MULKEY Max Bacon made a motion the signature be validated and the public hearing set for July 2, 1984, seconded by James Williams. Max Bacon said this property lies between Trinity Baptist Church and Atlanta Terrace. The owners have applied for rezoning M to the county and were denied. The property is currently zoned R-20 and Max said they have talked to him about building condominiums, but have not made a formal re- quest for rezoning. Vote on the motion to hold the public hearing carried 6-0. June 4, 1984 - Continued In the absence of Jim Tolleson, Max Bacon stated the Public Works Department had recommended a vehicle approaching signal flasher be installed on Village Parkway at the entrance of Woodlands Apartments, with the developer to bear the entire cost of $2,800. Max Bacon made a motion approval be given to have the signal installed at the owners expense. Jim Hawkins seconded the motion which carried 6-0. Approval of Easement: Rob Berry requested a drainage easement across one corner l of Whitfield Park for his development, Windy Oaks. Vic Broyles said he has talked to Mr. Berry and did not see how this could hurt our city park. It will be piped all the way and will be about 25 feet inside the park area across one corner. Mr. Berry was not present and James Williams made a motion this request be tabled to the next meeting. Jim Hawkins seconded the motion which carried 6-0. Bid Opening: Bids were opened for equipment for Phase I of North Smyrna Park and recorded as follows: One Two Ten Two $5,000 Pavilion Grills Tables Trash Playground Cans Equipment Dominica Recreation --- --- --- --- --- Hunter-Knepshield 5,999.00 172.70 1,801.00 214.50 4,849.57 I Miracle Recreation 6,500.00 180.00 2,150.00 190.00 4,915.00 Leisure Lines 5,888.10 225.11 1,787.50 173.91 4,797.66 Childscapes 4,195.00 190.00 2,000.00 200.00 3,800.00 TOTAL $11,939.00 $13,036.77 $13,935.00 $13,460.38 $10,385.00 Play Systems 5,933.00 138.00 1,580.00 120.00 3,134.00 $12,585.00 Jack Shinall stated he would like to turn the bids over to Ms. Reavis for her review and award the bid under committee reports later tonight. Bid Award: Upon the recommendation of Jim Mallett and the City Engineer, Max Bacon made a motion the low bid of $31,138.15 by D&H Construction be awarded for construction of the Smyrna Hill Drive sewer line. Max said there was a discrepancy in their bid for rock excavation but it has been reduced to $60.00. Hugh Ragan seconded the motion which carried 6-0. Max said construction of this line would be paid under the Community Development Block Grant program. Bid Award: Jim Hawkins said at the last meeting bids were opened to refurbish a 1967 fire truck. The bid from Charles McLarty was to purchase a new chassis for $72,760 and it was their recommendation that we do so. Since then, the committee has been in contact with the Mack truck people who manufacture bodies for engines. Jim said we can purchase the new chassis direct from the manufacturer for $56,971.00 and the old pumper could be taken off and installed on the new chassis for about $8,000. By doing this, we would have basically a new truck for about $64,000 to $65,000. The Mack truck representative has also said they would stand behind the chassis if alterations were made to it, and it will be certified. The pump. - certification can be done by our own fire department. They will require a purchase order now, but there is a 6 month delivery date which would allow us to put this expenditure in the 198485 budget. The truck now is in bad repair and by doing the work ourselves, can have it running in 6 to 8 weeks for about $500 to $1,000 for limited use until the new chassis is delivered. Jim said it was the decision of the Fire Committee that bids on refurbishment be rejected and go with the proposal from Mack and made a motion the bids be rejected. James Williams seconded the motion which carried 6-0. Jim Hawkins then made a motion the city send a purchase order to Mack trucks to pur- chase a MC series pumper for $56,971.00, to be paid upon delivery. James Williams seconded the motion which carried 6-0. -Max Bacon made a motion approval be given to purchase 500 liners, 100 cans, 100 lids and 100 steps for the Sanitation Department. James Williams seconded the motion which carried 6-0. Approval of Minutes: Jim Hawkins made a motion the minutes of May 7, 1984 be approved as submitted. James Williams seconded the motion. Jack Shinall stated there was an June 4, 1984 - Continued error in the May 7th minutes concerning a motion he made during the Civil Service =\ charter amendment. The motion and second were withdrawn and Jack Shinall made a motion the minutes of May 7th be tabled to the next meeting. Hugh Ragan seconded the motion which carried 6-0. Jack Shinall made a motion the minutes of May 21, 1984 be approved as submitted. Jim Hawkins seconded the motion which carried 5-0, with Max Bacon abstaining. Bid Award: Jack Shinall made a motion the low bid of $10,385 be awarded to Child- scapes for equipment for North Smyrna Park. Kathy Brooks seconded the motion which carried 6-0. Committee Reports: (Library) Moni Myers reported on library activities and said registration for the summer reading program has started. (Parks) Sherry Reavis reported on parks activities and said that today is the loth anniversary of the City of Smyrna Parks Department. Jim Hawkins read a letter from Bob Arnold commending Park Ranger John Vlad for his quick response in administering CPR to his sister in law who suffered a heart attack. Max Bacon read a letter from Mike Turner with Afton Downs addressed to Vic Broyles letting the City know of their plans to improve the retention pond in that develop- ment. Jack Shinall asked Vic Broyles for a report on King Springs Village construction �- since Jim Mallett submitted his recommendations on drainage problems. Max Bacon said he has received calls recently about speeding on Campbell Road and has talked to Chief Little about patrolling the road more frequently. Chief Little said there are several streets in the City that we have requested approval for the use of radar and Campbell Road is one of them. Max Bacon also said something must be done about the Dominos Pizza delivery cars because he has observed them driving recklessly and at high rates of speed. Max Bacon said in a recent court order, Judge Brantley had ordered that stop signs and speed breakers be installed in the Vinings North Subdivision and asked Vic Broyles to see that this is done. Mayor Bacon recognized Tom McNeal, candidate for Board of Education in the audience. Mayor Bacon also said he was very happy to be back at work. With no further business, meeting adjourned at 8:50 p.m.