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03-12-1979 Regular MeetingMarch 12. 1979 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 12, 1979 at the City Hall, Smyrna, Georgia. 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 City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Fire Chief Don Atkinson, Police Chief R. E. Little, Parks an& Recreation Director Asa Howard, Public Works Director Jim David, Building Inspector Len Williams, Civil Defense Deputy Director Dick O'Hara and representatives of the press. Invocation was given by Reverend J. T. McHan, followed by the pledge to the flag. Citizens Reports: A group from Glendale Circle presented CouncilmAn- Elbertt..Coalson a petition signed by thirty (30) residents, stating the water on their street was dirty and muddy, and they had been promised a year ago that this problem would be corrected. Mr. Coalson stated a Mr. Brown called him about this problem and he sent Larry Dunn out to check. Mr. Coalson asked Mr. Brown to let him know if the problem was not corrected, and tonight is the first time he knew the water was still muddy. Mr. Dale Prance was spokesman for the group and brought several samples of the water. He stated the water had been muddy for four or five years and he had complained to -the water department many times; also the sand in the water had ruined the glaze on sinks, bathtubs, etc. Mayor Johnson asked Jim David to make a study of this problem and report back to Council as soon as possible. Alcoholic Beverage Pouring License: Chec Chapman's Enterprises, Inc., 715 (730) Concord Road, Eleuterio Brocker, applicant. Glen Stinson represented the corpora- tion, Mr. Brocker was also.present. Mr. Stinson said he was not sure if the street number is 715 or 730, but a copy of the plat and survey was attached to the appli- cation, showing the exact lot. Mr. Stinson said they were incorporated within the State of Georgia, and the names listed on the application are the only stock- holders. Mr. Brocker stated he had not put any money into the business yet as they did not know how much it would take to operate. Whatever the amount, Mr. Brocker will invest 51 percent of the cost. John Steely made a motion the license be granted. Rev. McHan, representing several members of the Sharon Baptist Church opposed the issuance of this license. Jerry Mills seconded the motion, stating the application met our ordinance. Jim Tolleson said he did not think it met the ordinance under Section 3-6, Architectural Standards. John Steely said that when the first application was made, under another name, the Fire Department did check it out. He was not sure if they had checked this application, but that it was the same building. Jim Tolleson said the ordinance stated plans and rendering, and rendering to him means a.lay-out of the inside of the building. Mayor Johnson said the application could not be denied for this reason but could be tabled until the application meets the requirements of the ordinance. Mr. Stinson said they would be glad to supply anything else that was needed to comply with the ordinance, if council would tell him what was needed. Jerry Mills made a motion the application be tabled. John Steely seconded the motion. The vote to table carried 7-0. Mayor Johnson told Mr. Stinson to advise us when it should be put back on the agenda. Bids for softballs were opened, read and are recorded as follows: Archie's Sporting Goods $32.40 per dz. Gable Sporting Goods 31.20 per dz. Reeder & McGaughey 33.95 per dz. Southeastern Sports Co. 32.00 per dz. Jim Tolleson made a motion the bids be turned over to the Parks Committee for review, with authority to act. Jim Hawkins seconded the motion which carried by a 7-0 vote. Bids for (1) tractor mounted aerator, (1) turf and ornamental spray unit, (2) edger - trimmers and (1) heavy-duty commercial blower were opened, read and are recorded as follows: Aerator Sprayer Trimmers Blower O'Neal's Power Co. No bid No bid $185.95 ea. $340.95 Peachtree Mower $1,687.00 $2,199.50 $369.90 ea. $494.00 Blalock Machinery No bid No bid No bid No bid Lawn & Turf $1,433.95 $1,869.50 $295.90 ea. $444.60 Jim Tolleson made a motion bids be turned over to the Parks Committee for review with authority to act. Jim Hawkins seconded the motion which carried by a 7-0 vote. (Continuation.of March 12, 1979 Meeting) Commercial building permits were submitted by Inspector Len Williams and upon his recommendation the following action is recorded: (1) Jewel Tea Company, 2552 South Cobb Drive, requested a permit to renovate the existing.building. Plans had been approved by the Fire Marshal. Jim Hawkins made a motion the building permit be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote. (2) Super Test Oil Company, 2110 Atlanta Street, requested a permit for a self- service station. Plans had been approved by the Fire Marshal. Jim Hawkins made a motion the building permit be approved. Bill Darby seconded the motion which carried by a 7-0 vote. (3) Ridgeview Institute, 3985 South Cobb Drive, requested a permit to refinish an office for a doctor's office. Len recommended the permit be approved, subject to approval by the Fire Marshal. Jim Hawkins made a motion the permit be granted, subject to approval by the,Fire Marshal. Jim Tolleson seconded the motion which carried by a 7-0 vote. (4) Cobb County Board of Education requested a permit to erect a physical education shed at the Belmont Hills Elementary School, South Cobb Drive. Elbert Coalson made a motion the permit be approved, subject to approval of the Fire Marshal. Jerry Mills seconded the motion which carried by a 7-0 vote. (5) Cobb County Board of Education requested a permit to erect a physical educa- tion shed at the Brown Elementary School, Brown Circle. Jack Shinall made a motion the permit be approved, subject to approval by the Fire Marshal. Jim Hawkins seconded the motion which carried by a 7-0 vote. (6) Cobb County Board of Education requested a permit to erect a physical education shed at the Hawthorne Elementary School, Spring Road. Jack Shinall made a motion the permit be approved subject to the approval of the Fire Marshal. Jerry Mills seconded the motion which carried by a 7-0 vote. Variance Request: (1) Ken and Cathy Hammonds, 1251 Cliffwood Drive, requested a side yard variance in order to cover an existing patio, which is within 6 inches of the adjoining property line. Attached to the request was a statement, signed by the adjoining neighbor, Arthur Barker, 1661 Cliffwood Drive, giving his permission to grant the variance. Bill Darby made a motion the variance be granted. Jim Hawkins seconded the motion which carried by a 7-0 vote. (2) Richard Reinsch, 245 Doeskin Trail, asked that the variance to build a room over an easement be tabled until the next meeting, in order that he might secure legal documents needed. Jack Shinall made a motion this variance request be tabled until the next meeting. John Steely seconded the motion which carried by a 7-0 vote. (3) Baird Construction Company, 316 Manson Court, requested a variance to approve the location of a home on Lot 6, Ashley Court, to within 21' 0" of the rear left property line and 32' 0" from the right rear property line. An agreement had been made with the adjoining property owners, Mr. and Mrs. Grover Garrett, 470 Pineview Drive as follows: "TO WHOM IT MAY CONCERN: The acceptance of this agreement as acknowledged by below signatures of Mr. and Mrs. G. Garrett, 460 Pineview Dr., Smyrna hereby releases W. E. Baird and E. W. Baird, Baird Const. Co., of any and all complaints reference construction of Benny Brooks - Designer Plan #1490 as shown on plans presented to City of Smyrna and on foundation as is now located on Lot 6, Ashley Ct. The foundation now rests approx. 21' 0" from the rear property line and extends as far away as approx. 30' 0" at the right rear corner. A sum of twelve hundred and no/100 ($1,200) is being paid to Mr. and Mrs. G. Garrett by Baird Const. Co. for above mentioned release. Mr. J. Steely, City Council representative, Ward 7 does also witness this agreement and represents the City of Smyrna acknowledging that any and all said orders on the above construction site be removed 3/3/79. The above sum of money is to be applied toward the construction of a 6' 0" high cedar fence to be built along common property line within 60 days from acceptance. s/W. E. BAIRD for Baird Const. Co. 3/2/79 s/John A. Steely 3/2/79 s/MMrs. Grover, Garrett 3/2/f79 s/Grover Garrett" (Continuation of March 12, 1979 Meeting) John Steely made a motion the variance be granted. Jack Shinall seconded the motion which carried by a 7-0 vote. Bill Darby stated that Campbell Road, from the railroad tracks to Howell Drive, has needed curb and guttering for some time. Bill made a motion that $14,500 be approved to install curb and gutters on Campbell Road from Howell Drive to the railroad tracks, to be paid from General Funds. Jerry Mills seconded the motion which carried by a 7-0 vote. Some of the work will be contracted, some will be done by the City, starting next week. Bill Darby made a motion the minutes of February 5, 1979 be approved as submitted. Jerry Mills seconded the motion which carried by a 7-0 vote. Jim Tolleson made a motion the minutes of February 19, 1979 be approved as submitted. Jack Shinall seconded the motion which carried by a 7-0 vote. Validation of Annexation Request: (1) Bernard Halpern Enterprises, property located in LL 528, northwest corner of King Springs and South Cobb Drive - annexation request 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 un- incorporated 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 1101, 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 528 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING .at the westerly side of South Cobb Drive and the intersection of the southerly Land Lot Line of 528 and thence running westerly for a distance of 699.3 feet to a point; and thence running northerly along the westerly side being the Land Lot Line 528 for a distance of 799.9 feet to a point, and thence running in a southerly direction for a distance of 1017.7 feet along the right-of-way of South Cobb Drive to 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: s/JACK HALPERN." Jim Hawkins made a motion the signatures and annexation request be validated. Jerry Mills seconded the motion which carried by a 7-0 vote. Jack Shinall made a motion the date of Public Hearing be March 28, 1979. Jim Tolleson seconded the motion which carried by a 7-0 vote. (2) Don and W. S. Caswell, property located in LL 301, on Pat Mell Road - annex- ation request 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 un- incorporated 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 1101, 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 301 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the westerly side of South Cobb Drive and the southerly side of Pat Mell Road, thence running in a westerly direction (Continuation of March 12,•1979 Meeting) for a distance of 827 feet to a point of beginning and thence running southerly for a distance of 386.4 feet to a point, thence running southwesterly along the center line of said creek for a distance of 172.10 feet to a point, and thence northerly for a distance of 415 feet to a point, thence easterly for a distance of 161 feet to 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: s/DON CASWELL s/W. S. CASWELL" Jack Shinall made a motion to validate these signatures and this request and set the date for the public hearing for March 28, 1979. Elbert Coalson seconded the motion. Jerry Mills amended to motion to require the reading of the first paragraph of the annexation request and signature validation for this annexation, explaining the method of annexation being used. Jack Shinall seconded the motion which carried by a 7-0 vote. Vote on the main motion to validate the signatures carried by a 7-0 vote. Jerry Mills made a motion to require the reading of the first paragraph of the annexation request by Bernard Halpern Enterprises, explaining the method of annex- ation being used, and this explanation to become a part of the minutes. Jack Shinall seconded the minutes which carried by a 7-0 vote. Committee Reports: (Parks) Asa Howard reported Super Family Field Day would be this Sunday at King Springs Park. Ken Vanderpool will be hosting a seminar on Friday and Saturday, prior to Super Family Field Day. A San Francisco group, who actually started this type activity, will be conducting the field day. Spring program registration will be Friday, March 16th at Cumberland Mall and Saturday, March 17th from 12:00 to 6:00 p.m. Two of our teams are participating in the 5th District Basketball Tournament tonight in Clarksville. Spring classes will begin March 26th. Jim Tolleson stated he would be giving a report on King Springs opening next Monday night. (Finance) Bill Darby reported the Georgia Power Company presented the City of Smyrna with a Franchise Tax check in the amount of $256,000 for the year 1978. This was the largest amount ever received from them and certainly helped the financial con- ditions of the City. (Streets) Jerry Mills reported that John Silk, Aide to Senator Sam Nunn, called and advised that things looked pretty good in getting a Grant for flood control, curbing and guttering. Mayor and Council visited Senator Nunn's office while in Washington with reference to a Grant, and Mr. Silk's call was a result of this visit. (Inspections) Jim Hawkins called a meeting of the Inspections Committee for Thursday at 4:00 p.m. at City Hall. Jim thanked the two parties for applying for annexation into the City. (Water) Jack Shinall stated he would get with Jim David about the muddy water on Glendale and report before next Monday's meeting. Jack said that while in Washington they also visited Senators Talmadge and McDonald's offices, and inquired about Grants for water and sewer improvements. (Civil Defense and Police) No report. Elbert Coalson said that he had not had a call about the muddy water on Glendale Place since he asked it to be checked, but that every effort will be made to correct the problem. (Fire and Garage) John Steely said he did enjoy the trip to Washington and meeting Senators Nunn, Talmadge and McDonald, and discussing the Grants. He also reported several changes would be made in the garage department. Committee changes: Mayor Johnson stated that at the last meeting Jim Hawkins was assigned as Chairman of the Fire Committee and John Steely as Chairman of the Inspections Committee. These changes were never implemented, and for the record, " Jim Hawkins is again being appointed as Chairman of the Inspections Committee, John Steely as Chairman of the Fire Committee. Mayor Johnson stated that for the last several months we have been battling with the City of Marietta about a piece of property we felt should be ours on the 41 Highway. (Continuation of March 12, 1979 Meeting) Marietta made a concerted effort through the legislators to get this property in the City of Marietta and at one time we thought they were going to succeed. Mayor Johnson said he wanted everyone to know that Al Burruss saved us, with the help of Senator Joe Thompson, Carl Harrison, Ken Nix and Johnny Isakson, who had said from the beginning they would not vote for it. The deciding vote depended on two repre- sentatives, and Al Burruss came through for us. For his firm stand, on behalf of our city we are certainly thankful. Announcements: CMA meeting will be tomorrow night at Acworth City Hall, and all those planning to attend should meet at City Hall at 6:15 p.m. The next council meeting will be March 19, 1979. There being no further business, the meeting was adjourned at 8:42 p.m. March 19, 1979 The regular scheduled meeting of Mayor and Council was held at the City Hall, Smyrna, Georgia on March 19, 1979. The meeting was called to order by presiding officer Mayor Frank B. Johnson at 7:30 o'clock p.m. All Council members were present. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Fire Chief Don Atkinson, Police Chief R. E. Little, Parks and Recrea- tion Director Asa Howard, Public Works Director J. E. David, Building Inspector Len Williams, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman John Steely, followed by the pledge to the flag. No citizens reports. Continuation of annexation hearing, Ridge Road and South Cobb Drive: Mayor Johnson asked if any parties so affected were present. Attorney Bob Smith was present, representing Meurice LeFevre. No other homeowners came forward. Mr. Smith: He would like to present Mr. Olin, Sherman and George's letter of with- drawal which had been delivered to him. Also I don't exactly know where to start but I would like to inquire of the Council what is proposed to happen if the news- paper reports are anywhere near correct, then the matter as the Mayor was quoted is null and void. I talked with Mr. Newsom yesterday, I believe it was. He in- dicated he did not think anything would happen on it. We presented our evidence. We believe that with the withdrawal, before Mr. Olin, with the withdrawal of the Potts' that there can't be enough registered voters. It's obvious it is less than the 60% and we submit that the application fails on that point, and we urge the Council to dismiss the application because there's no doubt that it can't go through the way it is. I can speak for Mr. LeFevre and I think most of the other people represented here that the last thing they want is to have to take any kind of legal action on this matter. But I must reiterate that they are ready and willing to do it, but what we can't understand is, with the less than the 60% required, why does the Council insist on going through with it, if that is what you insist. And I don't know that it is. It is my understanding there would at least be no action tonight, and it was my understanding from the newspapers accounts that, if they were accurate, that the matter was dead. So, I don't know from what point to start my discussion, so I would like, and Mr. LeFevre would like to know what the plans are if that's appropriate which we believe it is. Mayor Johnson: It would appear from the documents that have been presented that we might in fact not have a valid annexation request. However, we have what we feel like is evidence and circumstances that might prevail, that might cause us to pursue. At this point those circumstances would appear that we do not have a case, and if they stand as presented we would not have the 60% and we would not have the opportunity to continue our annexation efforts in this particular case. Now we feel like probably there are some mitigating circumstances that could develop which would give us the opportunity to pursue, and if those do develop, then we intend to pursue. Bob Smith: Well sir, I fully understand that you know that at any time an appli- cation can be made, but is there going to be any action of this application, for tonight. 22