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03-13-1978 Regular MeetingMarch 13, 1978 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter at City Hall, Smyrna, Georgia, on March 13,.1978. 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 & Administration Director Gunter Newsom, Building Inspector/ Marshall David Granade, Parks & Recreation Director Lee Silver, Police Chief Everett Little, Fire Chief Don Atkinson, Director of Civil Defense Jim Farley, Public Works Director James E. David and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. Citizens -Reports: Lewis Reagin, representing the Smyrna Lions Club, reported April 1, 1978 is Georgia Lions."White Cane Day." He asked permission to solicit funds at the intersection of South Cobb Drive and Cherokee Road from 10:00 a.m. until 2:00 p.m. on that date, and also that this day be designated as Sight Conservation Day. Jack Shinall made a motion the permission be granted. Jerry Mills seconded the motion and the vote was unanimous. C. 0. Canada said the zoning ordinance, as per the buffer zones, was not followed by the Cobb County School Board on the property adjoining Wayland Court, and he wanted to know what was being done. He was advised that Mr. Howard from the School Board was present and this would be discussed later in the meeting. Ms. Grady Kay with the Smyrna Community Theater thanked Mayor and Council for the support they have received from the city. The theater is in its fourth year, three shows per year. At the present time the membership numbers approximately 180. Parts of one play, "Auntie Mame", was shown to Mayor and Council, and they commended Ms. Kay and the entire Smyrna Community Theater group for their excellent perfor- mances. Jim Tolleson stated that Dan Scoggins, representing the Smyrna Optimist Club, came before the Parks and Recreation Commission with a proposal to build a pavilion at King Springs Park, financed jointly by the Smyrna Optimist Club and the City of Smyrna. The Optimist Club would make their money through ball tournaments. At the present time they pay $10.00 per hour for maintenance during tournaments. They asked this fee be waived in order to finance this project. A motion was made by Jim Tolleson to waive the $10.00 per hour fee for the Optimist Club. Elbert Coalson seconded the motion and the vote was six for and one abstention. Jim Hawkins ab- stained since he is a member of the Optimist Club. Jim Tolleson read a letter he had written to Dan Scoggins as follows: "Mr. Dan Scoggins President, Smyrna Optimist Club 3324 Ann Road, S. E. Smyrna, Georgia 30080 Dear Mr. Scoggins: The City of Smyrna is indeed grateful for the continuous support that your organ- ization has provided to Smyrna Parks and Recreation Department, as well as to the general welfare of the Smyrna citizens. As a follow-up to our meeting, Smyrna Mayor and Council applaude your group's desire to construct a group picnic pavilion to accommodate 100 individuals made out of laminated beams to be erected at Smyrna's King Springs.Park, adjacent to the playground area. Neither Smyrna Optimist Club or the City of Smyrna has available funds to construct a quality pavilion and size that is so desperately needed. Therefore, acting with consent of the Parks and Recreation Committee, Commission and City Council that the Smyrna Optimist Club and the City of Smyrna jointly construct the pavilion which you have tentatively designed and final design will be brought before Smyrna Parks and Recreation Commission and City Council for final approval. The City of Smyrna has approved $4800 out of the Parks and Recreation Revenue Sharing expenditures to be spent on this joint project in which also the City of Smyrna will provide some assistance with clearing and grading the area and other assistance as possible. In behalf of the City of Smyrna and its residents, we thank you. for joining with us in this joint project." Sincerely, James E. Tolleson Chairman, Parks & Recreation Committee of City Council" (Continuation of March 13, 1978 Meeting) A motion was made by Jim Tolleson, seconded by Jim Hawkins to appropriate $4800 from Revenue Sharing Funds to be used to build the pavilion. Vote on the motion was unanimous. Bids for four (4) surplus vehicles were opened, read and are recorded as follows: 1974 Ford 1976 Ford 1965 PU 1967 PU Police Police Long Bed Short Bed Pucket Auto Sales, Austell $365.00 $475.00 Leroy Smith $105.00 Elbert Coalson made a motion the vehicles be awarded to the highest bidder. Motion died for lack of a second. Rem Bennett made a motion the bids be turned over to the Garage Committee with authority'to act. Jerry Mills seconded the motion and the vote was unanimous. Bids for one surplus 1957 GMC Civil Defense Rescue truck were opened, read and are recorded as follows: 1957 GMC - Civil Defense Charles B. King, Acworth Samuel A. Mosher, Roswell Donald A. Wilson, Morrow Tommy Bonds - 949-5305 home, 942-9941 office Irvin C. Jones, Marietta S. M. Jones, Dallas Tom Bales, Smyrna William J. Kelly, Jr., Marietta Donald Cox, Alpharetta Thomas W. Leggett, Hiram Don McLance, Fairburn Harold E. Hargett, Marietta C. J. Ellis, 266-7935 Equipment Doctors, Inc., Norcross $557.00 351.00 300.00 853.00 260.00 260.00 605.00 831.00 800.00 456.00 150.00 226.25 276.01 250.00 Jerry Mills made a motion the bids be turned over to the Garage Committee with authority: to act. Jim Hawkins seconded the motion and the vote was unanimous. Bids for a winch for a Civil Defense truck were opened, read and recorded as follows: Winch - Civil Defense Truck Interstate Truck Equipment, College Park Ramsey Winch, mounted ... $770.00 (Viking winch, 8000 lb. capacity Roller guide, mounting kit, 2 Controls, 150' cable with hook mounted) ... $675.00 Wm. & Harvey Rowland of Ga., Atlanta Southern Ambulance Builders, LaGrange Ramsey Model #2001, 12 volt, 8000 lb. line pull winch with 4-way roller guide and 150 ft. of 5/16 in. Cable and 2 remote control cables ... $629.00 Bumper kit not available but will modify and mount winch on truck for approximately $100.00 Ramsey #2001 Winch only...$599.00 (not mounted) Jerry Mills made a motion bids be referred to the Civil Defense Committee for review. Bill Darby seconded the motion and the vote was unanimous. Bids for manikins to be used in Civil Defense CPR training were opened, read and are recorded as follows: Armstrong Industries, Lilburn Southern Ambulance, LaGrange Rockford Safety Equipment, Rockford, Il. Respiration Products, Jacksonville, Fla. Counts Rescue Equipment, Ballentine, S.C. Dyna Med Inc., Carlsbad, Calif. Charles L. McLarty Co., Decatur, Ga. #200000 #110000 #060000 $875.00 $380.00 $150.00 875.00 382.00 153.00 877.50 382.50 139.50 913.00 398.00 170.00 900.00 390.00 160.00 907.00 403.00 163.00 825.00 398.00 130.00 A (Continuation of March 13, 1978 Meeting) 0 Elbert Coalson made a motion the bids be turned over to the Civil Defense Committee with authority to act. Rem Bennett seconded the motion and the vote was unanimous. Bids for grass .seeds and fertilizer for the parks were opened, read and are re- corded as follows: 70-50# Ky. 31 40-50# Bags 13-13-13 2-50# Bermuda Pike Nuseries, Marietta $1645.00 $220.00 Green Bros. #8, 973-6010 1820.00 240.00 $216.00 250.00 Jim.Hawkins made a motion the bids be turned over to the Parks and Recreation Committee with authority to act. Jim Tolleson seconded the motion and the vote was unanimous. Mayor Johnson reported that Attorney Berl Tate advised the city could be relieved of liability in the Kowalski Vs. City of Smyrna case for the sum of $500.00 paid to Phillip Mark Kowalski and his attorney. Cobb County is to pay $1,000. Elbert Coalson made a motion the city pay $500.00 and be relieved form all liability in the Kowalski case. Jerry Mills seconded the motion. During discussion Jerry Mills said the only reason he would vote for the motion was because the city attorney advised this would be in the best interest of the city, but personally he was against it. Jack Shinall felt the same way. Vote on the motion was unanimous. Building Inspector David Granade read a letter from William C. Waldrep as follows: "Mr. David Granade Building Inspector City of Smyrna Smyrna, Georgia Dear Mr. Granade: RE: Wills/Nash L.P.W. Project #77-58-52 In reference to our meeting of February 21, 1978, at your office with Mr. Richard Willis of Willis and Wiley Engineers, concerning the project on Ward Street, the following is our understanding of our obligations regarding City Ordinance Article 5 Section 503 -"Buffer Strip." We will install a 10 foot wide buffer strip composed of evergreen trees or shrubs which shall attain a height of 6 feet in three years along our property line where we abut a residential or multi -family district. We will leave a natural buffer of undisturbed trees on the south property line which runs approximately 370 feet east from our west property line and will be approximately 40 feet wide. In reference to the public drive into the park, the following was noted. We will grade the road to drain to the south side and install a catch basin and pipe under the road to carry the water to the existing drainage ditch. It is our understanding that this would involve some work on City property and that the City will grant us permission to carry out this work. Two security lights need to be relocated along the drive and we agree to pay any expenses to Georgia Power that they may require. Again, we request permission from the City to relocate these lights. We•are requiring sedimentation control to be provided by the contractor and Richard Willis, the engineer, has assured us that sedimentation will not cause any problems on the City's tennis courts. He will provide field inspection on the project and will require the contractor to prevent, maintain and correct any problems caused during the construction by erosion or sedimentation. We hope that the above meets with your approval and that we can proceed with the work so that we can provide this needed facility for the students at Wills and Nash." Very truly yours, William C. Waldrep, P.E. Civil Engineer cc: Willis and Wiley Engineers Mr. Kermit Keenum Mr. James Howard File Reading - i., .. - 1,. tl 1 (Continuation of March 13, 1978 Meeting) Commercial building permits were submitted by David Granade and upon his recommen- dation the following action is recorded: (1) Cobb County Board of Education requested a permit to improve the vacant property on Ward Street across from Nash Middle School. Plans called for two softball fields,, soccer field and a driving range. Rem Bennett made a motion the permit be approved, with the above stipulations and agreements. Jerry Mills seconded the motion and the vote was unanimous. Jack Shinall made a motion the request by the Board of Education for a quit -claim deed be removed from table. Jerry Mills seconded the motion and the vote was unanimous. Jack Shinall made a motion the request for a quit -claim deed to the proposed roadway through the school property, but owned by the city, be approved. Jim Tolleson seconded the motion and the vote was unanimous. Mr. Howard of the School Board apologized for the mixup, stating the contractor did not follow through. Mayor Johnson in reporting on. the National League of Cities Conference explained the Cobb Municipal Association represents all the cities in Cobb County, the Georgia Municipal Association is made up of all the cities in the State of Georgia and the National League of Cities includes groups from all the states in the nation. The more than 2000 delegates attended seminars of all kinds, had an opportunity to talk with people from other cities, got some good ideas we can put to use, and he felt the money was well spent. Jim Hawkins made a motion. the minutes of February 6, 1978 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Jim Tolleson made a motion the minutes of February 20, 1978 be approved as sub- mitted. Bill Darby seconded the motion and the vote was unanimous. Rem Bennett reported that on February 2, 1976 a motion was made to increase the number serving on the Planning and Zoning Board from five to seven members. Members would serve staggered terms. The Planning and Zoning Board has recommended the terms be staggered as follows: - Members from Wards 1, 2, 4 and 7 - terms to expire December 31, 1978 - Members from Wards 3, 5 and 6 - terms to expire December 31, 1979 As terms expire, Mayor and Council will appoint members for two year terms. Rem Bennett made a motion the recommendation of the Planning and Zoning Board be approved. Elbert Coalson seconded the motion and the vote was unanimous. A motion was made by Rem Bennett the number of the Planning and Zoning Board be increased from seven (7) to eight (8) members. One member from each of the seven wards and one to serve at the pleasure of the Mayor. The Chairman of the Board will not have a vote unless to break a tie vote. Jerry Mills seconded the motion and the vote was unanimous. Committee Reports: Jim Tolleson said he would attend the meeting of the Smyrna Athletic Association on Tuesday night, at King Springs School. Bill Darby said Gunter Newsom, Director of Finance and Administration, will be starting budget planning within the next few weeks. Jerry Mills made a motion that Edward Bessette, Sanitation Supervisor, be appointed as a City Marshall to enforce all ordinances in the sanitation department, or in any department if requested to do so. Jim Hawkins seconded the motion and the vote was unanimous. Edward T. Bessette was sworn in by Mayor Frank Johnson and the appointment is effective immediately. Jerry Mills made a motion $3500.00 be allocated to buy 300 feet of pipe for King Springs Park. Jim Tolleson seconded the motion and the vote was unanimous. Jerry Mills asked all Councilmen to turn in the name of the person in their ward they wish to appoint to the Zoning Appeals Board at the April 3, 1978 Council meeting and made a motion the city attorney meet with these appointees and get everything worked out. Rem Bennett seconded the motion and the vote was unanimous. Jerry Mills reported he was to meet with the Cobb County Commissioners tomorrow at 2:00 o'clock p.m. when sidewalk and curb and gutter contracts are to be awarded. The paving of Cherokee Road should begin within a week. (Continuation of March 13, 1978 Meeting) Jerry Mills said the Public Works Department and the Police Department recommended changing the parking on Sanford Place from vertical to parallel, from the drive- way to the concession stand to Powder Springs Street. He made a motion their recommendation be approved. Jim Hawkins seconded the motion and the vote was unanimous. Jim Hawkins made a motion an additional position be created in the Fire Prevention Bureau with the rank of Lieutenant. Jack Shinall seconded the motion and the vote was unanimous. The Civil Service Board will be asked to set up the exams. Jim Hawkins also reported three houses on Ventura Road would be burned on March 16, 1978. This will be a metro area practice. There will be an investigation on how each fire started, etc. He asked all council members to be there if possible. Jack Shinall made a motion that bids be requested for one (1) cab and chassis for the Water Department. The body of truck #21 will be retained. Jerry Mills seconded the motion and the vote was unanimous. Rem Bennett reported that David Granade would submit his resignation on March 20, 1978, effective in two weeks. He commended David on the good job he had done. Rem said Johnny Steely, who could not take the job on a full-time basis, is well qualified and had agreed to work on a part-time basis until a building inspector could be hired. Rem made a motion that Johnny Steely be appointed as Acting City Inspector, effective Monday morning. The committee will get together on the fee to be paid. Jim Hawkins seconded the motion and the vote was unanimous. There being no further business the meeting was adjourned at 9:00 p.m. March 20, 1978 The regular scheduled meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on March 20, 1978. 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 & Administration Director Gunter Newsom, Parks & Recreation Director Lee Silver, Building Inspector David Granade, Police Chief E. R. Little,. Fire Chief Don Atkinson, Public Works Director Jim David and representatives of the press. Invocation was given by Councilman Jim Tolleson,followed by the pledge to the flag. Privileged Licenses: On motion by Jim Hawkins, seconded by Bill Darby, a license was approved for Joyce S. Jenkins, Belmont Pawn Shop, 2538 Atlanta Street. The motion carried by a 7-0 vote. On motion by Jim Hawkins, seconded by Jerry Mills, a license was approved for Jay Wallace, The Scavenger's Nest (Pawn Broker), 2510 Atlanta Street. The motion carried 7-0. The request for a Security Investigators License, Parker & Poole Association; 645 Cherokee Road, John R. Mann, applicant, was delayed until later in the meeting. Zoning request: F. Russell Davis, Jr. and J. Gadsden Russell requested property located in LL 523, 1295 Concord Road, be rezoned from.Future Commercial to Limited Commercial. Jim Hawkins made a motion 1295 Concord Road be rezoned as requested. Jack Shinall seconded the motion which carried 7-0. The request to rezone property on Cherokee Road by Marion E. Mann was delayed until later in the meeting. Jim Tolleson introduced Sherry Reavis and made a motion she be appointed as Acting Director of Parks and Recreation, effective March 23, 1978, until a new Director is hired. Rem Bennett seconded the motion and the vote was 7-0. Jim Tolleson made a motion swimming pool fees, day camp fees and pool hours be approved as follows: