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12-16-1985 Regular MeetingDecember 2, 1985 - Continued (E) Branski Ice Crem store Brooks made a Engineer and 7-0. Construction requested a building at Cobb Center Mall at a total estimated motion the permit be approved subject t Fire Marhsal. James Williams seconded th cost of $12,000. Kathy o approval of the City e motion which carried (F) Dr. William Cabot requested a building permit for tenant finish at 3903 South Cobb Drive, Suite 104 at a total estimated cost of $25,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of minutes of November 4 & 18, 1985. Jim Hawkins made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT: Jim Hawkins reminded everyone of the Christmas Tree lighting on December 5th. Also the Parks Department is having Santa is Calling again this year and parents should contact the Parks Department before December 9th. Bob Davis said that Spring Road looks good and commended Vic Broyles for a good job. Jim Hawkins said that Memorial Place and Church Street would be closed for a short time on the evening of December 5th for the tree lighting. With no further business, meeting adjourned at 9:28 p.m. The Council meeting of December 2, 1985 was reconvened at 9:35 p.m. to correct the awarding of the bid for the turnout gear for the Fire Department. A motion and second was made and carried to withdraw the bid award made earlier in this meeting. Hugh Ragan said Charles L. McLarty was the low bidder for coats and pants for $4,228 and that Harolds Sales and Service was the low bidder for boots in the amount of $1,274, and made a motion the low bidders be awarded the bid. Jim Hawkins seconded the motion which carried 7-0. Meeting adjourned at 9:38 p.m. ************************ December 16, 1985 The regular scheduled meeting of Mayor and Council was held December 16, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Max Bacon. All council members were present. Also present was City Clerk Willouise Spivey, City Attorney Charles E. Camp, City Administrator John Patterson, Assistant City Clerk Melinda Dameron, Fire Chief Larry Williams, Public Works Director Vic Broyles and representatives of the press. Invocation was given by York Chambliss, pastor of Trinity Baptist Church, followed by the pledge to the flag. DEPARTMENT REPORTS: (A) John Patterson said that 42% of the budget year has passed .and 577- of the anticipated revenues from General Fund have been collected, with 39% expended. In the utility fund 46% of revenues have been collected and 37% spent. The Revenue Sharing fund has collected 49% of revenues and spent 10%. Overall, the City is in good financial shape to date. (B) Fire Chief Larry Williams stated that November was not a busy month for them with only 46 total calls received. Of those, 4 were for structural fires at a dollar value loss of $525. Mutual aid assistance was provided to calls in the county and 1,261 hours was spent on training during the month. Chief Williams said he has received good cooperation from the citizens by obtaining December 16, 1985 - Continued burn permits and stated the only complaints they receive are from people who want to burn leaves on Sunday, because permits are not issued on Sunday. (C) Vic Broyles reported on the Public Works Department and said we now have a complete list of the 335 streets in the City categorized by length, condition, right of way width, etc. Twenty-four streets have been turned in to the State for paving under the LARP program. Vic said that overall, the condition of our streets is good compared to other municipalities and some of the county streets. Vic also reminded everyone that any trash items to be picked up by the City weighing over 75 pounds or more than 6 feet in length must be handled through special pickup and could not be picked up on normal routes. PUBLIC HEARINGS: (A) Rezoning request by Billy Askea for 0.5523 acre tract on Ask -Kay Drive from Office/Distribution to General Commercial. There was no opposition and John Patterson said this tract is directly behind the Taylor Tool rental building with the Georgia Labor Department to the south and Colonial mini -warehouses to the west. The planning and zoning board recommended the zoning be approved and it has been properly posted and advertised. There was no opposition and Mr. Askea stated he wanted to develop this lot for an office -warehouse complex similar to other developments on the street. Mr. Askea said the building would be a decorative type block in areas that would be visible from South Cobb Drive and this is the only remaining property on the site that can be developed. Jack Shinall made a motion the rezoning be approved as requested. Hugh Ragan seconded the motion which carried 7-0. (B) Variance request by Billy Askea to reduce rear yard setback and 10-foot landscaped strip for property just rezoned on Ask -Kay Drive. John Patterson said that Mr. Askea was asking for a reduction on the rear yard setback requirement from 30 feet to 20 feet and also to reduce the 10 foot landscaped strip to 3' 8". Mr. Askea has already compromised from his original application where he asked for a reduction on the rear setback to zero feet. Mr. Askea said this building would be in line with others on the street. They will be asking for two curb cuts but can probably get by with only one. There was no opposition and Jack Shinall made a motion the variance of 10 feet on the rear yard setback and 6' 2" on the front landscaped strip be approved. Bob Davis seconded the motion which carried 7-0. (C) Variance request by Rev. J. E. McClellan for carport construction at 2225 Old Spring Road. John Patterson said that Rev. McClellan had requested a zero side yard setback { to allow construction of a carport over the existing driveway at his home. There was no opposition and the adjoining property owner had provided a letter stating she had no objections. Kathy Brooks made a motion the variance be approved to allow a zero side yard setback, with the addition not to cross over the property line. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Approval for penalty for delinquent taxes. John Patterson said that for several years the City has not charged any interest or penalty until after January 1st and we currently charge $4.00 for a bill $100 or under and $6.00 for a bill over $101, plus 12% interest. Willouise Spivey and the Finance Committee have recommended a 5% penalty charge. Jack Shinall said the interest fee is set by the State and we have found we are not charging enough of a penalty. Jack Shinall made a motion approval be given to charge a penalty of 5% after the first 30 days of delinquency, plus 12% interest to become effective with the 1986 ad valorem taxes. James Williams seconded the p motion which carried 7-0. (B) Approval of council benefits and expense stipend. John Patterson said the cost associated with the office of Mayor and Council has skyrocketed and it would seem appropriate to provide an allowance to help defray the cost. Also, most cities allow their elected officials to participate in the i December 16, 1985 - Continued benefit program provided for all its employees. James Williams made a motion the Mayor and Council be entitled to the same benefit package as all employees and that an expense stipend be paid -on a monthly basis. Both of these packages will become effective January 1, 1986 and would include normal benefits with Mayor and Council paying the prevailing premiums for family coverage for insurance, with the expense stipend to be $150 for each council member and $225 per month' for the Mayor for all expenses, not including seminars, meetings, national conferences or other reimbursible expenses. Jack Shinall seconded the motion and said the benefit package would be effective January 1st but the expense stipend would have to be approved by the legislature first. John Patterson said the expense stipend could also be effective January lst and made retroactive subject to approval of the legislature. Vote on the motion carried 7-0. (C) Jack Shinall made a motion that Paul Griggs be appointed to the Planning and Zoning Board representing Ward 5. James Williams seconded the motion which carried 7-0. (D) Kathy Brooks made a motion that George Griffin be reappointed to the Planning and Zoning Board representing Ward 6. Jack Shinall seconded the motion which carried 7-0. (E) Jim Hawkins made a motion the second meeting in January be changed to Tuesday, January 21st due to the Mayor's Day meeting. Kathy Brooks seconded the motion which carried 7-0. (F) Approval of Resolution authorizing Bond Issue by Smyrna Housing Authority. Attorney Camp said the TEFRA resolution has not arrived but it should be available by the next meeting. COMMERCIAL BUILDING PERMITS: (A) TMC Construction requested a building permit for a drive through facility at Georgia Federal Bank at The Crossings Shopping Center at a total estimated cost of $130,000. Jim Hawkins made a motion the permit be approved subject to the approval of the Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. (B) Pro Metal Building Systems requested a building permit for an addition at Munich West, 1791 Spring Road at a total estimated cost of $15,800. Jack Shinall made a motion the permit be approved subject to approval of the Fire Marshal. Bob Davis seconded the motion which carried 7-0. (C) Benning Construction requested a building permit for tenant finish at 5000 Highlands Parkway, Suite 190 at a total estimated cost of $25,000. Hugh Ragan made a motion the permit be approved subject to approval of the Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. (D) Shirah Contracting Company requested a building permit for remodeling at Hawthorne Elementary School with the permit fee to be waived. James Williams made a motion the permit be approved subject to approval of the Fire Marshal. Bob Davis seconded the motion which carried 7-0. (E) Benning Construction requested a building permit for tenant finish at 5000 Highlands Parkway, Suite 210, at a total estimated cost of $55,000. Hugh Ragan made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. (F) J. C. Warren Company requested a building permit for tenant finish at 4900 Highlands Parkway at a total estimated cost of $270,000. Hugh Ragan made a motion the permit be approved subject to approval of the Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. COUNCIL INPUT: Bob Davis reported the Library would have a Christmas puppet show on December.18th at 1:30 and an open house on December 23rd. Jim Hawkins said on Monday, December 30th the Parks Department will show movies at the Church Street Center at 9:30 a.m. and 1:30 p.m.; also on January 2nd * - movies will be shown the same times. Jim also thanked the Parks Department for a fine job at their annual Christmas tree lighting which was well attended. December 16, 1985 - Continued Jack Shinall said there has been a lot of activity in his ward with the sewer 101- rehabilitation and asked when they expected to be complete on Stonecreek Road. S Jim Belk said the majority of the work in that area is completed but the weather has slowed the clean up. Jim said within the next 2 weeks it would look much better. Max Bacon thanked Reverend Chambliss for coming tonight and the entire Mayor and Council wished everyone a merry Christmas and Happy New Year. With no.further business, meeting adjourned at 8:09 p.m. A. MAX BACON, MAYOR IS, WARD 1 JAM S FTtL WARD 3 J SHINALL, ARD 5 — -k-� 90-� HUGk RAG , WARD 7 <� f WILLOUISE C. SPIVEY, CITY C' RK — L HARRELL, WARD 2 ,�Z'JAMES M . HAWKINS , GUARD' 4 n i KATHY BR00 RD 6 MAYOR'S OATH OF OFFICE I, Arthur Max Bacon , do solemnly swear that I will well and truly demean myself as Mayor of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as MAYOR act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 6th day of January, 1986 Judge, Cobb County State Court Arthur Max Bacon,"Mayor (Seal) c. nTTNCTT.MAN I, Bob Lynn Davis , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 6 day of January, 1986 Judge, Cobb County State Court 4�fe,-e 4" Bob Lynn Davis, Ward 1 (Seal) r..nTTNCTT.MAN I, Joel Edward Harrell, III , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. Joe Edward Harrell, III, Ward 2 (Seal) Subscribed and sworn to before me t is 6t y of January, 1986 Judge, Cobb County State Court COUNCILMAN I, Jerry L. Mills , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. J ry L ills, Ward 3 (Seal) Subscribed and sworn to before me hi day of January, 1986 Ef � Judge, Cobb County St to Court COUNCILMAN I, James M. Hawkins , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. James M. Hawkins, Ward 4 (Seal) Sub crib nd sworn to before me th' th ay of y, 86 Judge, Cobb County State Court COUNCILMAN I, Jack Shinall , truly demean myself as Councilman of and that I will faithfully enforce th the best of my ability, without fear r0TM7('TTMAN art ac T hPli,-UP fnr fhP_ h do solemnly swear that I will well and the City of Smyrna for the ensuing term, e Charter and Ordinances of said City to or favor, and in all my actions as est interest of the said Citv. So help COUNCILWOMAN I, Vera Kathleen Brooks , do solemnly swear that I will well and truly demean myself as term, and that I will City to the best of my as COUNCILWOMAN act as help me God. Councilwoman of the City of Smyrna for the ensuing faithfully enforce the Charter and Ordinances of said ability, without fear or favor, and in all my actions I believe for the best interest of the said City. So Subscribed d sworn to before me thi 6th y of January, 1986 - A61- Judge, Cobb County State Court 4�L' e. Vera Kathleen (Kathy) Brooks (Seal) Ward 6 mUNCU MAN I, Hugh Ragan , do solemnly swear that I will well and truly demean myself as Councilman of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as COUNCILMAN act as I believe for the best interest of the said City. So help me God. a— P't5e--�� Hugh Rag Ward 7 (SEAL) =thith orn to before me anua 986 Judge, Cobb County State Court CITY ATTORNEY I, Charles E. Camp , do solemnly swear that I will well and truly demean myself as City Attorney of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY ATTORNEY act as I believe for the best interest of the said City. So help me God. Charles E. Camp U (Seal) Subscribed d sworn to before me thi 6th ay of Januar 1986 Ju , Cobb County State Court CITY CLERK I, Willouise C. Spivey , do solemnly swear that I will well and truly demean myself as City Clerk of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY CLERK act as I believe for the best interest of the said City. So help me God. o Willouise C. Spivey (Seal Subscribed and sworn to before me L is 6th d of January, 1986 Judge, Cobb County State Court RECORDER'S COURT JUDGE I, C. V. Reeves , do solemnly swear that I will well and truly demean myself as Recorder's Court Judge of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as RECORDER'S COURT JUDGE act as I believe for the best interest of the said City. So help me God. %at./ C. V. Reeves (Seal) Subscribed and sworn to before me this 6th day of January, 1986 u Cobb Coun y State Co rt