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02-18-1980 Regular Meeting(Continuation of February 4, 1980 Meeting) Announcements: Earlybird Coffee Club at 7:45 a.m. at the Farmer's Market Smorgasbord on February 7th, CMA Monthly Meeting at 7:00 p.m., February 12th at the City Hall in Smyrna, and the next council meeting will be February 18, 1980. Meeting adjourned at 8:50 p.m. February 18, 1980 The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia on February 18, 1980. The meeting was called to order by presiding officer Mayor Frank Johnson at 7:30 o'clock p.m. All Council members were present. Also present was Attorney Charles Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Fire Chief Don Atkinson, Parks and Recreation Director Bill Johnston, Building Inspector Len Williams, Civil Defense Director Jim Farley, Larry Dunn repre- senting the Public Works Department and representatives of the press. Invocation was given by Jack Shinall, followed by the pledge to the flag. Citizens Reports: Lester Weathers of Green Acres Road requested permission to put in a septic tank to take care of basement drainage. His home is on the sewer system but the basement is too low to tap on. Cobb County has tested and approved the septic tank. After discussion Elbert Coalson made a motion the request be approved. John Steely seconded the motion which carried by a 7-0 vote. Hearing: Jimmy Cook Lowry appealed the decision of Recorder's Court held January 17, 1980, Docket #38717. Mr. Lowry, police officers Bailey and Collins were given the oath by Attorney Charles Camp. Mayor Johnson read the charges of Mr. Lowry living in Georgia and not having a Georgia Drivers License or Georgia tag on his car. He was found guilty in Recorder's Court and fined $25.00 for that violation. Mr. Lowry stated he had proof that the car did not belong to him, that he had borrowed it some months back. His home is in Madisonville, Tennessee, and he works for his father there, buying for his store. He goes to Atlanta to pick up orders to take to Tennessee and leaves there on Monday afternoon around 12:00 to be back here in time to go to work at Lockheed. He had title, tag receipt, insurance and proof of ownership of his father's store in Tennessee. Mr. Lowry stated he gave his address to the arresting officer as 970 Cherokee Road, Apt. 23C because he had co -signed the lease with another party who would not be accepted because she did not have a job at the time. Following a question from Mr. Coalson, Mr. Lowry stated he did have a residence at Andover Garden Apartments and also his home in Tennessee. Mr. Coalson said it did not matter where he went on weekends, he earned his livelihood in Georgia and he was living in Georgia and should buy a Georgia license plate. Jack Shinall read from Georgia law 68-221, Section B, that says notwithstanding the provision of sub -section A, in every case where a non-resident accepts employ- ment or engages in. any trade, profession or occupation in the State or enters his children to be educated in the public schools of the State, such non-resident shall within 30 days after the commencement of such employment or education, be required to register his motor vehicle in this State, if such motor vehicles are proposed to be operated on,the highways of this State. In response to a question from John Steely, Mr. Lowry answered that he had been employed with Lockheed full-time for about a year except for a three-month layoff period just before Christmas last year, and he just came back in January. During the layoff period, he left here to go home to Tennessee. , Mr. Lowry stated he did not have a car in his name - he had lost his and had not recovered it. The car he was driving belongs to his brother and has been in Georgia seven or eight months, and a Georgia tag has not been purchased for it. After further discussion, Mayor Johnson recommended this hearing be set aside until later in the meeting, and Jerry Mills made a motion this hearing be brought back onto the agenda as item #11. John Steely seconded the motion which carried by a 7-0 vote. Only one bid was received for the two (2) used pickup trucks for the Parks Department. The bid was opened, read and is recorded as follows: Wade Ford Company Serial #F10GNAH0339 $2,577.57 Serial #F10BNBF0394 2,349.26 (Continuation of February 18, 1980 Meeting) John Steely made a motion the bid be accepted. Jerry Mills seconded the motion which carried by a 7-0 vote. Variance request: Raymond E. and Jerry Fowler requested a variance to build with- in 50 feet of the right-of-way instead of the required 75 feet, on property located at 2393 Spring Road. After discussion, Jim Tolleson made a motion the variance be granted. Jerry Mills seconded the motion which carried by a 7-0 vote. Commercial building permits were presented by Len Williams and upon his recommendation the following action is recorded: (1) R. E. Fowler requested a permit to build an office building at 2393 Spring Road. Plans had been approved by the Fire and Inspection Departments. Jim Tolleson made a motion the permit be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Annexation hearing: Opal W. Jones requested annexation of 8.969 acres located in LL 593, facing Matthews Street. There was no opposition to the annexation. Jerry Mills made a motion this property, a legal description read and made a part of minutes of the January 21, 1980 meeting, be annexed into the City of Smyrna and made a part of Ward 3. Jim Hawkins seconded the motion which carried by a 7-0 vote. Annexation hearing: Bruce A. Bergherm and D. A. Magoon, representatives for Smyrna Towers, requested annexation of 5.3 acres located in LL 530 and 551, South Cobb Drive. There was no opposition to the annexation. Max Bacon made a motion this property, as described and read into the minutes of the January 21, 1980 meeting, be annexed into the City and become a part of Ward 2. Jim Hawkins seconded the motion. Jerry Mills stated all the other property inside the City located on the west side of the south end of South Cobb Drive was in Ward 7. After discussion, the' motion and second was withdrawn. John Steely made a motion this property be annexed and made a part of Ward 7. Jerry Mills seconded the motion which carried by a 7-0 vote. Validation of Signatures, Annexation Request: Drs. W. Talbert Williams, Eugene L. Harley and John W. Harbour requested annexation of 2.658 acres located in LL 381. The application was read 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: PARCEL 1 - All that tract or parcel of land lying and being in Land Lot 381 of the 17th District, 2nd Section, Cobb County, Georgia, and being Lots 4 and 5 and a part of Lot No. 3 of J. G. Cooper Subdivision as shown by plat made by Thos. E. Williams, Surveyor, dated December 11, 1964, recorded in Plat Book 33, page 2, Cobb County Records, more particularly described as follows: BEGINNING at an iron pin located on the southeasterly side of Concord Road 812.2 feet southwesterly from the southwesterly right-of-way of South Cobb Drive and running thence south 34 degrees 47 minutes east 248.8 feet to an iron pin; thence north 54 degrees 55 minutes east 90.2 feet to an iron pin; thence south 32 degrees 46 minutes east 303.2 feet to an iron pin; thence south 86 degrees 17 minutes west 289.8 feet to an iron pin; thence north 34 degrees 48 minutes west 399.8 feet to an iron pin located on the southeasterly side of Concord Road; thence northeasterly along the southeasterly side of Concord Road 170 feet to the iron pin at the point of BEGINNING. PARCEL 2 - All that tract or parcel of land lying and being in Land Lot 381, 17th District, 2nd Section, Cobb County, Georgia, as more fully shown on a plat of survey for W. Talbert Williams, John W. Harbour and Eugene L. Harley, dated June 8, 1973, by Delta Engineer and Surveyors, Inc., Smyrna, Georgia, which plat will be recorded in the records of Cobb County, Georgia, and being more fully described as follows: BEGINNING at a point being that point where the northerly right-of-way of Smyrna Hill Road intersects the east land lot line of Land Lot 381, 17th District, 2nd Section, Cobb County, Georgia, being marked by an iron post, running thence north 1 degree, 30 minutes 30 seconds east along the east land lot line of Land Lot 381, i (Continuation of February 18, 1980 Meeting) a distance of 35.7 feet to a post and point, running thence south 86 degrees, 3 minutes 20 seconds west a distance of 26:8 feet to a point, running thence south 86 degrees, 3 minutes 20 seconds west a distance of 289.8 feet to a point, said line being the boundary of property presently owned by W. Talbert Williams, John W. Harbour and Eugene-L. Harley, running thence south 29 degrees, 43 minutes 10 seconds west 92.6 feet to a point; said point being on the north right-of-way of Smyrna Hill Road; running thence along the curvature of the northerly right-of-way of Smyrna Hill Road a distance of 368.6 feet to a point on the east land lot line of Land Lot 381, said point being the point of BEGINNING. 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: 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/W. TALBERT WILLIAMS, E. L. HARLEY, JOHN W. HARBOUR" Jack Shinall made a motion the signatures be validated and the annexation hearing be held on March 17, 1980. John Steely seconded the motion which carried by a 7-0 vote. Committee Reports: (Parks) John Steely stated that bids were opened at the last council meeting for one (1) heavy duty commercial mower and one (1) athletic field conditioner. He made a motion both bids be rejected since only one bid was received on each. He later learned this was the only source for this equipment and made a motion the bid from Wisler and Company for one (1) heavy commercial mower be accepted. Jim Tolleson seconded the motion which carried by a 7-0 vote. John Steely made a motion the bid from Georgia Golf and Garden Supply for one (1) athletic field conditioner be accepted. Jim Hawkins seconded the motion which carried by a 7-0 vote. John stated a sealed bid had arrived late on the relighting of Ward Park and was the only bid received. The bid was opened, read and recorded as follows: Muscatine. Lighting Mfg. Co., Inc. - (4) SC-1000-4P, $1,196 each including lamps $4,784 TOTAL This bid does not include installation. John Steely made a motion this bid be accepted. Jack Shinall seconded the motion which carried by a 7-0 vote. John Steely stated that in previous years; the City has sponsored two"girls soft- ball teams and made a motion that the City again sponsor two teams for Smyrna Girls Softball at $150.00 per team. Following discussion, Jim Tolleson seconded the motion which carried by a 7-0 vote. (Water) Jack Shinall reported on the bids for a new pickup truck for the Water Department which were opened at the last meeting and recommended the truck be purchased from Wade Ford in the amount of $6,250, to be charged to Water Revenue, Revenue Sharing. Jerry Mills seconded the motion which carried 7-0. Jack Shinall reported the committee had recommended all bids on the sewer jet which were opened at the last meeting be rejected because the bids were much higher than the money budgeted for this item, and made a motion that all bids be rejected. Max Bacon seconded the motion which carried by a 7-0 vote. (Finance) Jerry Mills stated a recent annexation bill had been passed by the Senate and was being held in the House, which would be detrimental to the City, and all of Cobb County. Passage of this bill would mean that any county with a popula- tion of over 250,000 would require -approval by the County Commissioners before any city could annex property into their municipality. The House is -delaying the bill until'1981, at which time the Census would be complete and Cobb County would fall under this new law. Jerry requested the City adopt a resolution requesting this bill be passed this year. Mayor Johnson stated he did not understand the ramifi- cations of the bill, as far as the time frame was concerned and felt Council should get together with the legislators to try and reach a better understanding before taking any action. Following discussion, Jerry Mills made a motion that the City Council adopt a resolution to be sent to the legislators asking them to support the passage of this bill, this year: Jim Hawkins seconded the motion which carried by a 6-0 vote. Jim Tolleson abstained. Jerry Mills stated that in a recent newspaper article, one of the Smyrna Firemen made a statement that the Mayor and Council had agreed to certain grievance hearings, (Continuation of February 18, 1980 Meeting) and said he had never been to a meeting where any such agreement had been made. These firemen have violated the rules of this City by going to the newspaper and giving false information to the paper, and he felt the City should take some steps in eliminating the problems in the Fire Department. No employee has the right to make statements to the newspapers without going through proper channels. The Fire Department Rules and Regulations handbook states: "They shall refrain from adverse public criticism concerning the actions of any superior and they shall not,publicly express disapproval of policies and practices of the Department, but constructive criticisms and suggestions may be made to any superior, including the Chief, are invited and will receive consideration. They shall promptly notify his officer in command of all matters coming to his attention affecting the welfare of the department." The headline of this article read "Fireman's Salary Claimed Unfair." Jerry stated that each and every employee of the City received an average 10% raise with the approval of the budget and he felt it was time for the Mayor and Council to take steps to eliminate this type of problem in the Fire Department. In response to a question from Mr. Coalson, Chief Atkinson stated he had not reprimanded the firemen, but had given them the opportunity to come before Mayor and Council with their grievances. Jim Tolleson, Chairman of the Fire Committee, stated that his committee had decided the disciplinary action taken at this time would be a notation on their personnel record. There were a dozen or so grievances that had come to his committee in the last few months. The committee had met with the Chief, Assistant Chief and Gunter Newsom and went over the pay scale for each fireman individually, from the time the Merit system was adopted. They found a discrepancy in the pay of one fireman, which was a clerical error, and it was corrected. The others are just as they should be. Two open letters to the Fire Department have been written, explaining their actions. They have the right to grieve, but the committee will not accept any more grievances on the pay scale. Jim Tolleson reported the Save Old Smyrna (SOS) beautification committee would meet Thursday night at City Hall with representatives from the telephone company and Georgia Power to discuss removal of the poles on Atlanta Road. Jim stated that C. J. Sanford had resigned as Fire Marshal to accept another job, and we certainly hated to lose him. Variance request: Smyrna Cable TV requested a variance to build in LL 594. Mayor Johnson read a letter from Glenn C. Woodard, Jr., Director of the Federal Emergency Management Agency as follows: "At the request of Mr. Don Behrman of Smyrna Cable TV, Inc., we have re-evaluated a portion of the floodway on Poplar Creek in Smyrna, upstream of New Spring Road. Our recalculation reveals that the floodway would be contained within the channel of the stream along this reach. In this regard, please consider this letter as an official amendment to the Flood Boundary-Floodway Map for the City of Smyrna. Development outside the stream bed along Poplar Creek North of New Spring Road is allowable provided the proposal meets all other provisions of the City's Flood Hazard Control Ordinance. Copies of this letter should be attached to the Flood Boundary-Floodway Maps used by the City for future reference. We have requested that the U.S. Army Corps of Engineers re-evaluate the floodway on Poplar Creek between Spring Road and New Spring Road and will inform you if any revisions are forthcoming. If we can be of any further assistance in this matter, please contact either Bill Massey or me at (404) 881-2391. s/GLENN C. WOODARD, JR." A letter from J. S. Ross & Associates is to be made a part of the minutes (attached). Wendell Dean and Don Behrman represented Smyrna Cable TV. Mayor Johnson asked if he was correct in the assumption they were asking the City to accept the amendment to the Flood Boundary-Floodway Map. Mr. Behrman answered yes, they would like confirmation from the City that`:thgy would be allowed to build on this property. Attorney Camp advised the only requirement necessary to get the building permit, as far as the flood act is concerned, would be the engineering of the retention pond, height of lower level construction and the exact location outside the floodway. After further discussion, Jerry Mills made a motion the site plan and the amendment to the Flood Boundary-Floodway Map be approved. Jack Shinall seconded the motion which carried by a 7-0 vote. Appointment: Mayor Johnson appointed John Steely as liaison between full Council and all properties being annexed. (Continuation of February 18, 1980 Meeting) Continuation of Appeal: City Attorney Charles Camp was called on for a legal ruling on residency as it applies to the purchase of automobile tags or licenses. Mr. Camp quoted sections from the Georgia code, section 68-201, Georgia Laws Acts July 1, 1978, pages 226-228 as amended, which states that every owner of a motor vehicle, trailer, or motorcycle, shall on the first day of April, register and obtain a license for the vehicle for the ensuing year. It also deals with persons driving the vehicle obtaining a license. It goes on, in part, to state that it shall be unlawful and punishable as a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid license plate. The exception to that rule that every vehicle should be licensed is in Section 68-221 and grants an exception that motor vehicles owned by non-residents of the State may be used and operated on public streets and highways for a period of 30 days without having it registered. That exception limits the time period to 30 days - no longer. Section B requires that any non-resident shall obtain a license and register vehicles within 30 days after commencement of such employment. In a case where a non-resident accepts employment or engages in a trade or professional occupation, such non-resident shall within 30 days after commencement of such employment register his motor vehicles in the State. Mr. Camp pointed out that it did appear that Mr. Lowry had a valid lease agreement for the car, for $10.00 a week rental. Jadk Shinall said it appeared Mr. Lowry's domicile was in the City of Smyrna and his vehicle was being operated in the State of Georgia and within the City of Smyrna, and made a motion that the decision of Recorder's Court be upheld. Elbert Coalson seconded the motion. Mr. Coalson stated he understood Mr. Lowry's problem, that there were a lot of people in similar situations that did not understand the require- ments for purchasing a tag. Mr. Camp said that in April, 1979, the legislature authorized the Governor to enter recripocal agreements with the sister states to take care of situations just like this, and he didn't know that we had had one from Tennessee yet. Vote on the motion carried 7-0. At that time, Mr. Lowry requested a 30-day extension but was informed by Mayor Johnson that the motion had already been passed, and he did have the right to appeal to Superior Court. Announcements: Jonquil Breakfast at Fair's Restaurant on February 20th and the next Council meeting will be March 3, 1980. Meeting adjourned at 8:56 p.m. l B. JOHNSON, MAYOR WILLOUISE SPIVEY, ITY CLPK JAMES E. TOLLES N, WARD 1 MAX BACON, WARD 2 1,0S , ARD4 ELBERT R. COALSON, WARD 6 • — r February 13, 1980 TO: Mayor and Council City of Smyrna FROM:J. S. Ross, P. E. RE: Proposed development of Smyrna Cable T. V. located in Land Lot 594, District 17, City of Smyrna. Our firm has prepared a site plan for the development of the subject site. This site plan must present a solution to the following requirements: 1. That there be no development in the floodway of Poplar Creek. d -� 2. That requirements for development in flood plains of FTA and the Corp. of Engineers are met. 3. Meet ordinances of the City of Smyrna that require storm water retention for developments that increase storm water runoff, passed by Mayor and Council, March 1977 and that buildings have a floor elevation of two feet higher than 100 year flood plain elevation. Our solution to each of the above three items is as follows: 1. The Mobile, Alabama office of the Corp. of Engineers has defined the floodway of Poplar Creek in this area to the stream bed. This was confirmed by letter from the Mobile office of the Corp. of Engineers to the City of Smyrna last month. 2. The site plan is shown as a flood plain volume filled in of 1115 cubic yards and flood plain volume excavated of 1485 cubic yards. The flood plain volume is therefore over compensated for on this plan. Some of this over compensation is to be used in our Note 4 in our site plan. 3. The retention area requirements for increased storm water runoff J. S. R®SS & ASSOCIATES, INC. 3020 ATLANTA STREET, S.E. a P. 0. BOX 711 9 SMYRNA, GEORGIA 30080 • 404/434-4461 --� V• V• 91\iVV td'l /1VVV Vlr1 ■ Amwq ■lVV• 1 IJ 1 We the undersigned have no objections to Mr. Smith having an engneering, design office in his home. 2390 Beaver Cheek Rd. 2380 Beaver C-eek Rd. 2370 Beaver Cheek Rd, 2356 Beaver CPeek Rd. 2348 Beaver C,eek Rd. 2340 Beaver CPeek Rd. 2330 Beaver CPeek Rd. 2327 Beaver CPeek Rd. 2337 Beaver CPeek Rd. ee 2347 Beaver Cheek 2357 Beaver CPeek 906 Parkway Dr. 898 Parkway Dr. 894 Parkway Dr. 899 Parkway Dr. 905 Parkway Dr. 815 Cherokee Rd.