03-17-1980 Regular Meeting (2)(Continuation of March 3, 1980 Meeting)
be approved. Elbert Coalson seconded the motion which carried by a 7-0 vote.
Announcements: The CMA Monthly meeting will be held March 11, 1980 at the Marietta
Country Club. The next Council meeting will be March 17, 1980.
John Steely made a motion bids be requested for thirty dozen softballs, to be
opened at the next Council meeting. Elbert Coalson seconded the motion which carried
by a 7-0 vote.
Meeting adjourned at 9:09 p.m.
.March 17, 1980
The regular scheduled meeting of Mayor and Council was held at City Hall on March
17, 1980. The meeting was called to order at 7:30 o'clock p.m. by presiding officer -
Mayor Frank B. Johnson. All Council members were present except for Max Bacon and
Jack Shinall, who were attending the National League of Cities Conference in
Washington. Also present was City Attorney Charles E. Camp, Police Chief R. E.
Little, Public Works Director Jim David, Assistant Fire'Chief Hubert Cochran, Parks
and Recreation Director Bill Johnston, Building Inspector Len Williams, Civil
Defense Deputy Director Dick O'Hara and representatives of the press.
Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.
Rezoning: C. M. Lee requested rezoning of 4.942 acres located on Ridge Road, from
R-20 to RMC-8 (condominiums). There were quite a number of out -of -city residents
present in opposition to the rezoning. Ms. Laura Manor, attorney representing
Mr. Lee, requested that this matter be tabled until the April 7th meeting when
Max Bacon, councilman from that ward could be present, and also to give them time
to interact with the residents in the community concerning their response to the
rezoning. Jim Tolleson made a motion the request be tabled. Jerry Mills seconded
the motion which carried by a 5-0 vote.
Rezoning: Thomas B. Miller requested rezoning of property located at 1359 Spring
Street, from 0&I to N.S., for an office facility. Mr. Miller was not present and
Jerry Mills made a motion the request be tabled until April 7th. Jim Hawkins seconded
the motion which carried by a 5-0 vote.
Variance request: R. M. Reeves, 1114 Oakdale Drive requested a back yard variance
to allow him to build a carport to within 5 feet of the adjoining property line.
A letter from Blake Skelton, the adjoining -property owner, was read stating he had
no objections to the construction.- Jim Hawkins made a motion the variance be
approved. Elbert Coalson seconded the motion which carried by a 5-0 vote. Chuck
Camp stated that Council's main consideration in granting these variances should be
the assurance that there is sufficient clearance for a fire truck to enter between
the houses.
Appeal: Mr. James E. Allen, Docket #38783 requested an appeal of the decision of
Recorder's Court on February 21, 1980. At that time, Mr. Allen was found guilty
and fined $25.00 for disregarding a traffic (red) signal. Mr. Allen and arresting
officer Edwin H. Clack were sworn by Attorney Camp. Mr. Allen stated that on the
day in question it was raining and he was traveling south on 280. The light at
the intersection of 280 and Pat Mell Road turned yellow as he approached the inter-
section and he felt the road conditions made it too hazardous to attempt to stop.
Officer Clack stated he was sitting at the traffic light, attempting to make a left
hand turn onto 280 when Mr. Allen's vehicle approached the intersection. From the
angle he was sitting, he could observe the changing of the light and stated that
Mr. Allen's vehicle was approximately two feet to one yard back of the balk line
when the light turned yellow. Following discussion, Elbert Coalson made a motion
the decision of Recorder's Court be upheld. Jim Hawkins seconded the motion which
carried by a 4-0 vote. Jerry Mills abstained.
Bid Opening: Bids for one (1) 20-cubic yard M-200 rear loader for the Sanitation
Department were opened, read and recorded as follows:
Fontaine Truck Equipment Co. No bid
P. 0. Box 278, Forest Park, Ga.
(Continuation of March 17, 1980 Meeting)
Tri-State Tractor Co. No bid
P. 0. Boy; 1414, Atlanta, Ga.
Truck Transport Equipment Corp. $13,504.00
P. 0. Box 43363, Atlanta, Ga.
John Steely made a motion the bids be turned over to committee for review and bring
their recommendations back to Council. Jim Hawkins seconded the motion which carried
by a 5-0 vote.
Bid Opening: Only one bid was received on the request for thirty (30) +dozenisoft-
balls for'the Parks -and Recreation,Department. It was opened, read and recorded as
follows:
Archie's Sporting Goods $42.60 per dozen
1271 Glenwood Avenue, Atlanta, Ga.
John Steely made a motion the bid be turned over to committee for review, with
authority to act. Elbert Coalson seconded the motion which carried by a 5-0 vote.
Commercial Building Permits: Building Inspector Len Williams presented commercial
building permits and upon his recommendation the following action is recorded:
(1) McDonald's requested a building permit for their new construction at the corner
of Spring and Hargrove, at a cost of $135,000. Elbert Coalson made a motion the
permit be approved, subject to final approval of the Fire.,.Marshal.- Jerry Mills
seconded the motion which carried by a 5-0 vote.
Annexation: :Drs. Williams,•Harbour and Halley requested annexation of their
property located at 696 Concord Road. There was no opposition to the annexation.
John Steely made a motion this property, as described and read into the minutes of
February 18th, be annexed into the City to become a part of Ward 7. Elbert Coalson
seconded the motion which carried by.a-5-0 vote.
Validation of Signatures: .Thomas C. and -Judith J..Mozen requested-annexation.of
property located in LL 556, located_at 3381 Lee Street, 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_.provisigns. 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 Lot,556,.17th,District-,
2nd Section, Cobb County, Georgia, being part of Lots 11 and 12, Margaret Shaw
Moss property, as per plat recorded in Plat Book 8, page 60, Cobb County Records,
and being more particularly described.as follows:
BEGINNING at an.iron.-pin on .the southeasterly side of.Lee Street five hundred fifty
(550) feet southwesterly from the intersection of the southeasterly side of Lee
Street with the north line of Land Lot 556, said point of beginning also being at
the southwest corner of property.now or formerly owned by.Jolly; run thence south-
westerly along the southeasterly side of Lee Street one hundred twenty (120) feet
to an iron pin and property now or formerly owned by Mrs. Margaret Shaw Moss; run
thence southeasterly -along the northeasterly.line of said Moss property at an interior
angle of 89.degrees 21,minutes,with.the preceding course one hundred ninety-seven
(197) feet to an iron pin; run thence northeasterly one hundred twenty (120) feet
to an iron pin and said Jolly property; run thence northwesterly along the south-
westerly line of said Jolly property.one hundred ninety-five and.,five tenths (195.5)
feet to the southeasterly side of Lee Street and the point of BEGINNING, being
improved property having a one-story brick house thereon and being more particularly
shown on survey prepared by Georgia Land Surveying Co., Inc., dated July.25, 1975.
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/THOMAS C. MOZEN and JUDITH J. MOZEN
Witness the signature of 60% 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/THOMAS C. MOZEN and JUDITH J. MOZEN"
(Continuation of March 17, 1980 Meeting)
Jerry Mills made a motion the signatures be validated, and the date of public
hearing set for April 21, 1980. Jim Hawkins seconded the motion which carried by
a 5-0 vote.
Residential Business License: Mike Gloyd requested a residential business license
for 1034 Concord Road to operate a photography and video production office. Mr.
Gloyd was not present. Jim Hawkins stated that at the time Mr. Gloyd applied for
the license, he was informed that it would be necessary for him to appear at the
meeting tonight. Jim Hawkins made a motion the request be denied. John Steely
seconded the motion which carried by a 5-0 vote.
Jerry Mills read a request from the Parks and Recreation Department, to stretch a
banner across Atlanta Road at the intersection of Church Street and Jonquil Plaza.
This banner would be to advertise the Smyrna Spring Arts and Crafts Festival, April
26th from 10:00 a.m. to 5:00 p.m., and would need to be hung on April 14th to remain
until completion of the festival. Jerry Mills made a motion the request be granted.
John Steely seconded the motion which carried by a 5-0 vote.
Jerry Mills read a request from Parks and Recreation to block Bank Street from
Atlanta Road to King Street, 9:00 a.m. through 6:00 p.m., on April 26th, for the
Spring Festival. Jerry Mills made a motion the request be granted. John Steely
seconded the motion which carried by a 5-0 vote.
Committee Reports: (Fire) Jim Tolleson reminded everyone of the Save Old Smyrna
meeting on March 20th at City Hall. Mr. Emery Parrish, Assistant Director of
Department of Transportation will be here to talk to the group.
Jim Tolleson asked John Steely to have either the Parks and Recreation Department
or Public Works Department to have a look at Hargrove and Spring again to see about
putting out some grass seed.
Jim Tolleson asked -the City Attorney to give•an explanation concerning the City's
responsibility toward the creek problems some of our citizens have been experiencing.
Mr. Camp stated that before the passage of the Federal Flood Insurance Act there
were no restrictions on building on watercourses or streams, and there was very
little comprehensive engineering study done as to where the flood plain and dangerous
areas might be. Some of the older subdivisions of the City have been built in flood
hazardous areas or in areas where the surface runoff was not properly controlled.
Those actions were taken without any authorization by the City. It has been the
policy of the Council to help any citizen by trying to alleviate some of the problems,
but the City has no legal obligation to correct a drainage, surface water or creek
overflow problem that was not directly incurred by action of the City. Their recourse
would have to be to the builder, developer, neighbor or persons who might be the
cause of the problem.
Jim Tolleson read a "wish list" for capital improvements from the Fire Department,
some of those items being a northern zone fire station, 1000 gallon pumper, fully
equipped and one snorkel truck, fully equipped.
(Finance) Jerry Mills stated the financial statement for February should have been
completed today.and he hoped to have a committee meeting within the next few days. At
this time, it looks as if the City is operating in the black and with continued
cooperation from all departments should end the fiscal year in the black. Revenues
have been down, and it was difficult balancing the last budget which was approved
in January. This July it will be even worse, and the City could be in the position
of either eliminating some services or terminating some employees.
(Library) Jim Hawkins reported there were approximately 300 older books in the
Library which the librarian planned to move to the Senior Citizens Center when it
is completed. The center will have bookshelves and reading tables and the Senior
Citizens will be able to check out books from there.
Jim Hawkins stated that if we have any department submitting a serious request to
Council, particularly in public safety, he felt everything should be done to consider
it. He hoped the Finance Committee would seriously look at the request from the
Fire Department.
(Civil Defense) Elbert Coalson reported that Jim Farley came home from the hospital
today after having had eye surgery. Also, David Hale with the Civil Defense Depart-
ment has cancer and is out of the hospital, taking treatments. Elbert asked every-
one to remember Mr. Hale in their prayers.
(Continuation of March 17, 1980 Meeting)
(Parks) John Steely made a motion the Mayor be authorized to sign four (4) change
orders for the renovation of the Senior Citizens Center as follows:
Change Order #1 $ 358.22
Change Order #2 296.06
Change Order #3 4,201.31
Change Order #4 491.71
The money for these change orders has already been appropriated and will increase
the original contract sum to $131,641.30. These changes will also raise the completion
date to July 20, 1980. Jerry Mills seconded the motion which carried by a 5-0 vote.
John Steely read a request for a facility permit for King Springs Park tennis courts
#5 and 6 from Suzanne Shinall, President of the King Springs Park Business Women's
ALTA Tennis Team. The courts will.be used on Sundays, from 1:00 to 4:30 p.m. for
their scheduled matches. John made a motion the permit be granted, seconded by
Elbert Coalson. Jim Hawkins stated he was under the impression it had always been
the policy not to have any type of organized sports activities on Sundays, and for
that reason he was going to oppose the motion. John stated that all the athletic
associations requested facility permits for Sunday, and he saw no difference in this
request and the seven permits which were approved at the last Council meeting. Jim
Tolleson also said he didn't think we should be issuing this many permits, that it
had been the policy for years not to reserve the parks for organized sports. Jim
Hawkins said he thought a facility permit was for one day, and he did not understand
that when he voted to approve the other permits it would be for the whole season.
During discussion, Chuck Camp stated that their regular season would be seven weeks
and could go to ten weeks -if they have playoffs, but two-thirds of their matches
will be played away from home and not at King Springs Park. Vote on the motion to
approve the permit carried by a 3-2 vote- Jerry Mills, Elbert Coalson and John
Steely voted for. Jim Tolleson and Jim Hawkins voted against.
Jerry Mills stated the ideal..for the "wish list" read by Mr. Tolleson was created by
the Finance Committee after looking into the possibility of securing some Federal
grants. This will give them some idea of the needs of each department.
Mayor Johnson announced that Jimmy Quarles, a long-time citizen of our town and
former Mayor of Smyrna had passed away this morning. Mr. Quarles served as Mayor
from 1955-57.
Mayor Johnson presented a Distinguished Service Award to Eddie Bessette, the super-
visor of the sanitation department. Eddie has been a valuable employee to the City,
and has recently taken it upon himself to work with five employees in his department,
during lunch hour, who were unable to read or write and has taught them to sign their
names. For the first time, last payday, five men signed their timecard and endorsed
their paycheck.
Next Council meeting will be April 7, 1980.
Meeting adjourned.
K B. JOHNSON, XTOTC WILLOUISE SPIVEY, 01Y CLE
AMES E. TOLLESO , WARD 1 MAXON, WARD 2
eA'AMES M. HAWKINS, WARD 4 SHINALL, WARD 5
ELBERT R. COALSON, WARD 6 STEELY, W RD 7