Loading...
04-20-1987 Regular Meeting3$ April 6, 1987 meeting - continued (D) Reclassification in Fire Department (E) Approval of minutes: November 1986 & March 1987 (F) 3-way stop sign, Balmoral and Highland Drive (G) Conveyance of easement, portion of Old Pasadena Blvd. (H) Alexander Street water line (I) No parking signs on Foster Street COUNCIL INPUT: Jim Hawkins said we seldom have annexation requests from his ward and was pleased with the two that were validated tonight. Jack Shinall asked about the drainage study. John Patterson said the study should be received any day and we should be seeing signs of construction within the next 30 days. Kathy Brooks urged everyone to come to the Spring Festival and parade this Saturday and also stated that Little League has enrolled over 300 boys this year; the most ever. Hugh Ragan said he hoped everyone would remember the significance of the Easter holidays and to be especially mindful of the children who will be out of school next week. Mayor Bacon said he has had several people contact him about the new shopping center on Concord and the relocation of Chastain Cat and Dog Clinic. Mayor Bacon said it was his understanding that they would move into the new shopping center when construction was complete. With no further business, meeting adjourned at 8:41 p.m. April 20, 1987 The regular scheduled meeting of Mayor and Council was held April 20, 1987 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Bud Abbott, First Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were given from the Fire, Police and Community Development Departments. PUBLIC HEARINGS• (A) Appeal of Recorders Court decision - William Mathis. William Mathis appealed the decision of Recorders Court of March 12, 1987, where he was found guilty of violation of Sections 11-20 and 11-23 of the ordinance dealing with cleanliness of property; nuisances. Mr. Mathis was fined $100 and given 10 days to clean up his property at 1599 Roswell Street. Mr. Mathis was sworn in with City Engineer Mike Hutchinson and City Marshal Gene Golden. Mr. Mathis said he would first like to know what the complaint was against him. He was not advised of the charges when he was in court; they gave him copies of some ordinances and told him he was in violation of them. Mr. Camp asked if that was Article II, Section 11-20 of the Health and Sanitation ordinance; weeds, rubbish, etc. on private property and Mr. Mathis said that was one of them. Mr. Camp asked if at any time there had been waste, undergrowth, waste material, trash, rubbish, building materials there. Mr. Mathis was there was some building materials there, and had been there probably 4 or 5 years, but he would not classify that as trash. Mr. Camp asked if he was advised at the time of the hearing that he was in violation of Section 11-23 dealing with junked and inoperative vehicles remaining on the premises of any dwelling, and Mr. Mathis said he was and also pled not guilty to that charge. Mr. Mathis said he did have vehicles in his April 20, 1987 - continued yard, out of public view in his back yard. The yard is not fenced but Mr. Mathis said there was a drainage ditch with some growth on it so for the most part, none of the neighbors could see his back yard. Mr. Camp asked about the type of growth there and Mr. Mathis said it was voluntary growth, some of it was there when he move in 24 years ago and some has come up since. Mr. Mathis said the City Marshal had told him on his last visit there that he was not in violation. Mr. Camp asked Mr. Mathis if he received a letter dated October 17, 1986, and Mr. Mathis said he did. Mr. Camp said this letter stated his property was in violation of Sections 11-20 and 11-23 and that if corrective action was not taken within 10 days of receipt of the letter he would be summoned. Mr. Mathis agreed that he had received the letter, but the code sections referred to are very vague and in very broad terms. Mr. Mathis said he thought we should be more specific in what he was in violation of. Mr. Mathis said the ordinance lists rocks and pebbles as rubbish, and admitted he had rubbish in his back yard if rocks were classified as rubbish. Mr. Camp said there was a certain extent to where these items would be classified as rubbish; by being piled up, strewn about, etc. Mr. Mathis said he had lived next to a burned out, junk house for 6 years and the City had never done anything about that. Mr. Mathis said he was continually working on his place by planting some shrubbery, getting rid of some cars, and had made an attempt to correct the problem. Jack Shinall asked about the vehicles in his yard, and Mr. Mathis said he had some that might not be operable and there was one that he knew was not operable. He bought that vehicle to fix up for someone, as a hobby. About a year ago, he had a bad fall and had not been able to do a lot of work on it. Mr. Camp asked what he had done in the last 6 months since the City began taking action to make improvements. Mr. Mathis said he had planted probably 18 shrubs, put in some brick sidewalks, landscaping ties and put in a couple of dogwoods in the front yard and had also done some work in the back yard by putting in railroad ties, and had put about 6 shrubs in. Mr. Camp asked how many vehicles he had at his home. Mr. Mathis said there were 6 vehicles there and he lived alone. There are one or two vehicles he drives frequently and some are antiques. Mr. Camp asked if the cars had batteries in them and Mr. Mathis said he was not sure. Mr. Camp told Mr. Mathis he was being evasive with his answers and reminded him there were penalties for perjury. When he was asked if he had rubbish and trash in his yard, he had answered yes and then no. Mr. Mathis said he had some rocks and pebbles in his yard and also had building materials in his yard, not waste material. Mr. Camp said he did not think it could be called building materials because there is an ordinance that says you have to use materials such as this within 6 months; they cannot be stored. Mr. Mathis stated earlier that these materials had been there for 4 years. Mr. Mathis said he was building a garage in his back yard and was doing landscaping. The garage has been under construction for 4 or 5 years and measures 25 x 80. Gene Golden said that in September 1986 he received complaints about trash and rubbish and inoperative vehicles at 1599 Roswell Street. After investigation, it proved to be a valid complaint and a letter was issued to Mr. Mathis asking him to take corrective action within 10 days. There was no action taken and he was cited into court for November 13. The case was continued to December 18th and continued again to February 18th. Mr. Mathis appeared and pled not guilty and a new court date was set for March 12th where he was found guilty and fined $100. Mr. Golden had pictures of the property but at the objection of Mr. Mathis, were not allowed as evidence. Mr. Golden described what he had observed when the pictures were taken and said he believed Mr. Mathis had purchased his building permit in August 1982 and it was just recently renewed. Mr. Camp said building permits are only good for 6 months and this would not be a renewal if his original permit had lapsed. Mr. Golden said he had told Mr. Mathis on one occasion that if he would call him, he would walk the property with him and tell him what was trash, what was rubbish, and what he had to get rid of, but he never called back. Mr. Golden said he had been city marshal for 5 years, and in his opinion, this property was definitely in violation of the code at the time the citation was written and any reasonable person would determine that there was rubbish, debris, and inoperative vehicles at that location. April 20, 1987 - continued Mr. Golden said from what he could see in the front, the property does not seem to be in violation now as far as the high weeds are concerned. However, the vehicles, trash and rubbish are still there. City Engineer Mike Hutchinson said he had observed Mr. Mathis's yard from driving in the area and you could not help seeing the garage from the street, and wonder why it has not been finished and also questioned the method of construction. Mr. Hutchinson said the garage was visible from Hawthorne and Roswell Streets. He also observed what appeared to be inoperative vehicles, drums, miscellaneous construction materials laying on the ground in the vicinity of the building being constructed. The garage is partially assembled, built from steel, concrete and corrugated metal. Mr. Hutchinson said the material had been sitting for quite some time and had rusted and looked to be disorderly, so he would consider it rubbish. The building permits were not checked on until the letters were sent about the violations. The last building permit was issued in February 1987. Mr. Hutchinson said in his best judgment, Mr. Mathis's property was in violation of our ordinance. Mr. Mathis said he had a building permit and had some sheet metal, structural steel, brick, and would like to build his garage. Mr. Mathis said this was his third building permit; the first two were issued for two year periods. This permit was for 6 months, with a stipulation not to work on the weekends. Mr. Mathis said the appearance of his property was not the greatest, but neither were the surrounding homes. Mr. Mathis said he would have the building completed in 6 months. After further discussion, Jerry Mills made a motion the recorders court decision be upheld. Jim Hawkins seconded the motion which carried 7-0. (B) Annexation of property on Camp Highland Road. There was no opposition, and Hugh Ragan made a motion the Stamey/Chadwick/Ferguson/Ashkouti property on Camp Highland Road in Land Lots 620, 621 and 677 be annexed into the City to become a part of WArd 7, the legal description being read and made a part of the minutes of the March 9, 1987 meeting. Kathy Brooks seconded the motion which carried 7-0. (C) Rezoning of Camp Highland Road property from R-20 to General Commercial. There was no opposition from the audience and Hugh Ragan made a motion the 14 acres just annexed be rezoned from R-20 to General Commercial. There are no immediate plans for development and the proposed East-West Connector will cross South Cobb Drive at Camp Highland, impacting this area. The planning and zoning board also recommended approval of this rezoning. Jerry Mills seconded the motion which carried 7-0. (D) Request for beer and wine package license at Food Giant, 2370 South Cobb Drive (management change). John Patterson said that Earl Morgan Hollifield had submitted an application as the appointed agent for Food Giant on South Cobb Drive. Mr. Hollifield is the District Manager and Food Giant has held a license at this location since 1976. There was no opposition. Mr. Hollifield said he had read and understood our ordinances and did not hold any other licenses for Food Giant. Kathy Brooks said the police investigation was favorable and made a motion the license be approved. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment - Section 1-8. John Patterson said the current ordinance provides a maximum fine of $200 and a sentence of 90 days for penalties of violations not otherwise specified in the code. Current legislation by the State allows a maximum fine of $1,000 and a sentence of 180 days and recommended the City ordinance be amended to allow the increased maximum fine. Jim Hakwins made a motion the ordinance be amended by deleting Section 1-8 in its entirety and replaced with the following: Section 1-8. General penalty. Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or April 20. 1987 - continued ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, such violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding one thousand dollars ($1,000.00), by sentence of imprisonment not exceeding one hundred eighty (180) days and to work on the streets or public works for a period not exceeding ninety (90) days, any or all such penalties in the discretion of the recorder. Jack Shinall seconded the motion which carried 7-0. (B) Approval to surplus property. Hugh Ragan made a motion the following list of equipment be declared surplus and sold at auction April 25, 1987. 1981 Ford LTD-S 1983 Ford LTD 1983 Ford LTD 1983 Ford LTD 1983 Ford LTD 1980 Ford Fairmont 1979 Ford F800 1FABP31G6BU174884 (Police) 1FABP43GXDZ118147 (Police) 1FABP43G1DZ118148 (Police) 1FABP43GXDZ118150 (Police) 1FABP43G4DZ118164 (Police) 2FABP21B7BX114745 (Street Dept.) F82BUEH1862 (Street Dept.) 1 - Refrigerator - #0097 SEars (Fire Dept) 1 - Dishwasher - General Electric (Fire Dept.) 3 - Mattresses Bob Davis seconded the motion which carried 7-0. (C) Validation of signatures to annex property on Camp Highland Road. Attorney Camp read an application for annexation of property at 4641, 4651, 4657, 4659, 4661 and 4585 Camp Highland Road in Land Lots 606, 620 and 619 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 Lots 606, 620 and 619 of the 17th District, 2nd Section, being more particularly described as follows and being known as 4641, 4651, 4657, 4659 and 4661 Camp Highland Road: Beginning at a point on the northeasterly corner of Seaboard Coast Line Railroad and Camp Highland Road and running northeasterly along the right of way line of Camp Highland Road a distance of 746 feet; thence leaving said right of way and running south 52 degrees 20 minutes east a distance of 200 feet; thence south 35 degrees 5 minutes west for a distance of 38.5 feet to a point on the south line of Land Lot 620; thence north 88 degrees 30 minutes east a distance of 239.0 feet to an iron pin; thence south 28 degrees 31 minutes east a distance of 133.6 feet; thence south 14 degrees 03 minutes east a distance of 100.2 feet to an iron pin found; thence south 16 degrees 30 minutes east a distance of 178.7 feet; thence south 37 degrees 54 minutes west a distance of 136.0 feet; thence north 89 degrees 50 minutes west a distance of 575.1 feet to a point on the east line of Land Lot 619; thence south along said east land lot line a distance of 75 feet to a point on the northern right of way line of Seaboard Coastline Railroad; continuing thence along the right of way line of Seaboard Railroad a distance of 276 feet to the point of beginning. Also, all that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, known as 4585 Camp Highland Road, being more particularly described as follows: Beginning at a point on the southeast side of Camp Highland Road which said point is located 896 feet northeasterly from the intersection of the southeast side of said Camp Highland Road with the south line of Land Lot 620, as measured along the southeast side of said Camp Highland Road; thence south 31 degrees 09 minutes east for a distance of 278 feet to a point and corner; April 20. 1987 - continued thence in a northwesterly direction for a distance of 175 feet to a point on the east side of an unnamed street, sometimes referred to as Lake Drive; thence in a northerly and northwesterly direction following the curvature of the easterly side of said unnamed street for a distance of 165 feet to the southeast side of Camp Highland Road and the point of beginning. Also, all that tract or parcel of land lying and being in Land Lots 606, 619 and 620 of the 17th District, 2nd Section, Cobb County, Georgia, known as Camp Highland Road, being more particularly described as follows: Beginning at the centerline of Camp Highland Road where it intersects with Gaylor Street, said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Camp Highland Road a distance of 1,146 feet to the intersection of Camp Highland Road and the north right of way line of the Seaboard Coast Line Railroad. 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 60% of the electors resident in the area described below: s/JAMES D. COCHRAN, LOIS W. COCHRAN,MARY JOSEPHINE MULKEY HARRIS, JAMES V. HARRIS, CAROL SCOTT, PRESTON SCOTT, EARL MYERS, MRS. EARL MYERS, JOHN A. FOSTER 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/JAMES D. COCHRAN, LOIS W. COCHRAN, MARY JOSEPHINE M. HARRIS, CAROL SCOTT, PRESTON SCOTT, EARL MYERS, CAROLYN WESTBROOK Hugh Ragan made motion the signatures be validated and the public hearing date set for May 18, 1987. Jerry Mills seconded the motion which carried 7-0. RTn AWARnS (A) Roof for Jonquil Pool building John Patterson said that 6 bids were received for the re -roofing of the Jonquil Pool building and recommended the low bid be awarded. Kathy Brooks made a motion the low bid of $2,276 be awarded to Clark Improvements with the stipulation that they have a city business license. Bob Davis seconded the motion which carried 7-0. (B) Glass for King Springs Park bath house. John Patterson said the existing plastic material being used in the window area of King Springs Pool building has become unsightly and is hard to see in or out of. Bids were recently requested from 3 vendors but only one bid was received. Kathy Brooks made a motion the bid from Harrison Glass Company at $627 be awarded. Hugh Ragan seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: None to report. CONSENT AGENDA: (A) Approval of $650 to repair Police Department Mustang. Mayor Bacon stated that the elimination of two part-time positions in the Library was removed from the consent agenda earlier tonight. Jerry Mills made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT: Joel Harrell said that Phase II of the sewer rehab work is still underway. The Sherwood Road line is about 80% complete and they have been delayed due problems with a couple of easements. At 2:00 tomorrow, bids for Phase III of the rehab will be opened. Jack Shinall said his committee is looking at an ordinance to control the size of accessory buildings. Jack also asked John Patterson to work with the permit department and establish procedures for building permits previously issued and not renew them until inspections are conducted. April 20, 1987 - continued Kathy Brooks thanked Charles Cook for the donation of his time and energy to construct the new concession stand and press box at Brinkley Park. Hugh Ragan said the appeal we heard tonight is not the type of thing council looked forward to but wanted Smyrna to be clean and thought our residents were entitled to a clean place to live. Hugh Ragan said the wigwag light was installed today on Concord Road at Deerwood Parkway and hoped that would help the traffic problem and urged everyone to drive with caution. With no further business, meeting adjourned at 8:55 p.m. A. MAX BACON, MAYOR i / le�— — HUG RA AN, WjAtp 7 MELINDA DAMERON, C TY CLERK LloL HARRELL, WARD 2 ya"V� Z-71. :TAMES M. HAWRINS. WARD 4 CITY SOLICITOR I, Michael Whaley , do solemnly swear that I will well and truly demean myself as SOLICITOR 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 SOLICITOR act as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 4th day of May, 1987.