Loading...
04-16-1979 Regular Meeting (2)April 16, 1979 The regular scheduled meeting of Mayor and Council was held on April 16, 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 except Jim Hawkins who was expected to arrive late. Also present was City Attorney Charles Camp, Finance Director Gunter Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, Public Works Director Jim David, Building Inspector Len Williams and rep- resentatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. There were no citizen reports. Continuation of Annexation Hearing - Ridge Road &South Cobb Drive - Mayor Johnson announced that due to lack of a quorum of necessary signatures to affect this annex- ation, the request for annexation was declared null and void and removed from the agenda. Variance Request - Mr. Richard Pratt, Folks, Inc., requested a 20-foot setback variance on the front of the building located at 3295 South Cobb Drive. This request was brought before Council at the April 2nd meeting, but withdrawn by Mr. Pratt pending approval from the State Department of Transportation. The Department of Transpor- tation submitted a transmittal to Mr. Pratt, with a copy to the City of Smyrna, stating they had no jurisdiction in the matter since the building addition would not be an encroachment.on their right-of-way. Therefore, a,'.permit from their depart- ment would not be required. Following discussion, Jim Tolleson made a motion that the variance request be denied on the grounds that it does not comply with the ordinance. John Steely seconded the motion which carried 5-1. Jack Shinall voted against. Variance Request - Mr. Leslie W. Thompson, 1265 Sunset Avenue requested a variance from the limited -commercial zoning at this address in order to use the building as an antique shop. Jerry Mills made a motion the variance be granted provided they comply with the Code requirements, disallowing any outside displays in retail sales zoning districts. Bill Darby seconded and the motion carried 6-0. Request to move house into City - Ms. Jean Ellis requested approval to move a house into the City to be located at 1041 Powder Springs Street, property being owned by her mother, Mrs. P. W. Hammontree. This would be a sub -divided lot and is presently zoned R-15. Jerry Mills made a motion this request be approved, with the following stipulations: 1) that the house be installed with all underpinnings, utility connections and other activities performed to make it a functioning house, upon which an occupancy permit can be issued within 90 days from the date the house is placed on the lot; 2) that all activities relating to the actual transportation of the house on public roads within the City of Smyrna be coordinated with the Chief of Police of the City of Smyrna; 3) that the smallest structure that could be transported and installed on this lot be no smaller than 1,150 square feet; 4) that all building permits, inspections, etc., as numerated by the Code of Smyrna for the construction of a home be complied with. John Steely seconded the motion which carried 6-0. Councilman Jim Hawkins arrived at the meeting at 7:45 p.m., having been detaihed at an earlier meeting. Opening of bids - Bids for a new F700 dump truck and body for the Street Department were opened, read and are recorded as follows: Carey Paul Ford 4334 Snapfinger Woods Dr. John Smith Chevrolet 2155 Clbb Parkway Peach State Ford I-85 @ Norcross -Tucker Rd. Day's Chevrolet Name of Bidder not Shown on Bid Sheet $14,332.04 - All specifications met - forecast 90 day delivery $15,789.51 $14,186.41 - (F800) in stock as of this date Unable to make delivery of this model because of expiration of order date for this series. $13,904.58 (Continuation of April 16, 1979 Meeting) Wade Ford 360 Spring Street Harry White Ford 2393 Stewart Avenue Capital Ford Truck Sales 290 University Avenue $14,615.76 - All specifications met - can deliver approximately 7/21/79 $15,145.00 - (F600) meets all specifications $14,789.00 - (F800) Jerry Mills made a motion the bids be turned over to committee for review, with authority to act. Elbert Coalson 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) Town Creek Manor Apartments, 3366 Atlanta Street requested a building permit to repair fire damage. Plans had been approved by the Fire Marshal. Elbert Coalson made a motion the permit be approved. Motion was seconded by Bill Darby and carried by a 7-0 vote. (2) Plumtree Apartments, 1948 Cobb Parkway requested a building permit to repair fire damage to the apartments. Plans had been approved by the Fire Marshal. Jim Tolleson made a motion the permit be granted, seconded by John Steely. Motion carried by a 7-0 vote. (3) Dr. Bennie J. Norton requested a building permit to remodel offices at 969 Cherokee Road, to be used for a dentist office. Plans had been approved by the Fire Marshal. Jack Shinall made a motion the permit be approved. Jerry Mills seconded the motion which carried 7-0. (4) Cobb County Board of Education requested a building permit for the construction of a physical education shed at Argyle Elementary School, 2420 Spring Road. Plans had been approved by the Fire Marshal. Jim Tolleson made a motion the permit be approved, seconded by John Steely. Motion carried 7-0. (5) Ridgeview Institute, 3985 South Cobb Drive requested a building permit for the construction of additional doctors offices. Plans had been approved by the Fire Marshal. Bill Darby made a motion the permit be approved. Jim Hawkins seconded, and the motion carried 7-0. Elbert Coalson stated he had received several requests from citizens in his ward, for 3-way stop signs at the intersection of Green Acres Road and Kennesaw Drive. Mr. Coalson made a motion 3-way stop signs be approved for this location, in an effort to slow the traffic on Kennesaw Drive. Jerry Mills seconded, and the motion carried 7-0. Jerry Mills made a motion the minutes of March 28, 1979 be approved as submitted. Jack Shinall seconded, and the motion carried by a 7-0 vote. Jim Tolleson made a motion that the City request proposals for its workmans compen- sation and workmans liability insurance, to be received by April 25, 1979. Jim Hawkins seconded. Jack Shinall stated he felt this was not allowing enough time for proposals to be submitted, and could give unfair advantage to some companies. Jim Tolleson stated he realized that, but our present insurance was expiring and we could roll it over, if necessary. The cutoff date of April 25th was set to see what kind of response we would get. Vote on the motion carried 7-0. Validation of Signatures - Request for Annexation - Mr. Neal Littman requested annex- ation of approximately 18 acres located in Land Lots 601 and 602. 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 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 Lots 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, all as more particularly (Continuation of April 16, 1979 Meeting) described in plat of survey prepared by Trenholm Baker, R.L.S., dated September 22, 1978, for Louis S. Belinfante, et al, recorded in Plat Book 72, Page 28, Cobb County, Georgia Records; less and except. All that tract or parcel of land lying and being in Land Lots 601 and 602, of the 17th District, 2nd Section of Cobb County, Georgia, being .70 acres, more particularly described in plat or survey prepared by Trenholm Baker, P.A. dated November 29, 1978, for Seymour 0. Solodar and Patricia 0. Solodar, recorded in Deed Book 1960, Page 382, Cobb County Records, and being a part of the property recorded in Plat Book 78, Page 28, Cobb County Records, to which plats reference is made for a more complete description. All that tract or parcel of land lying and being in Land Lots 601 and 602 of the 17th District, 2nd Section, Cobb County, Georgia, and being more parti- cularly described as follows: Beginning at an iron pin located 815 feet from the intersection of the easterly side of South Cobb Drive and the northerly side of Ridge Road, thence running north 53 degrees 57 minutes west 174.04 feet to an iron pin; thence running south 37 degrees 10 minutes west 162.62 feet to an iron pin; thence running north 54 degrees 27 minutes west 131.26 feet to an iron pin; thence running north 00 degrees 58 minutes east 143.52 feet to an iron pin; thece running north 01 degrees 29 minutes east 982.15 feet to an iron pin; thence running south 89 degrees 26 minutes east 998.60 feet to an iron pin; thence running south 09 degrees 56 minutes west 209.56 feet to an iron pin; thence running southerly along a 225 foot"fadius 127.42 feet; thence south 45 degrees 39 minutes east 43.00 feet to an iron pin; thence along the northerly side of Ridge Road 50.09 feet to an iron pin; thence north 45 degrees 39 minutes west 40.25 feet; thence along a 175 foot radius 158.65 feet; thence south 82 degrees 25 minutes west 49.00 feet to an iron pin; thence south 17 degrees 35 minutes east 113.59 feet to an iron pin; thence south 56 degrees 42 minutes west 150.62 feet to an iron pin; thence south 47 degrees 45 minutes west 201.34 feet to an iron pin; thence south 48 degrees 21 minutes 253.95 feet to an iron pin; thence south 37 degrees 09 minutes east 333.37 feet to an iron pin; thence south 52 degrees 52 minutes east 174.95 feet to an iron pin; thence south 37 degrees 13 minutes west 48.42 feet to an iron pin 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/LOUIS S. BELINFANTE, PAUL STEVEN CUTLER, NEAL R. LITTMAN" Jerry Mills made a motion the signatures and annexation request be validated, and the date for public hearing be set for May 7, 1979. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports - Jim Tolleson requested a meeting with the Public Works Committee to find a way to secure funds, and actually set dates for riprapping of Poplar Creek near Highland Drive. He stated the City needed to make a concerted effort to correct this problem and alleviate the flooding in that area. The recent hard rains had flooded several homes on Highland Drive. Jim Tolleson reminded everyone of the King Springs Park dedication this Sunday at 2:00 p.m. (Finance) Bill Darby stated the flooding last week had caused a lot of problems and it would take a lot more money than is in the budget to handle them. He asked everyone to carefully examine their priorities before requesting additional funds. (Streets) Jerry Mills reported that an estimated $20,000 worth of damage had been done throughout the City last week from flooding. He requested each councilman to make a list of problem areas in their ward and return to him. The Public Works Department will get to them as quickly as possible, with the amount of money they have to work with. Jerry Mills made a motion Council approve the expenditure of $583.00 for the cost of pipe to be installed on property owned by Gene Hoaster, 4144 Manson Avenue to prevent further creek erosion and flooding of his home. John Steely seconded the motion. During discussion, Mr. Hoaster stated his home was built prior to the adop- (Continuation of April 16, 1979 Meeting) tion of the Flood Control Ordinance and that the installation of this pipe would, in his opinion, prevent any further flooding. Vote on the motion carried 7-0. (Police) Elbert Coalson expressed his appreciation to all the City employees who worked overtime on Friday following the heavy rain. Mr. Coalson read a letter from Smyrna Girls Softball Association requesting a parade permit for Saturday, May 12, 1979 beginning at 9:00 a.m. at the Smyrna Drive -Inn. The parade route will run south on Atlanta Road to Spring Road, then east on Spring Road to the entrance of Jonquil Park. Mr. Coalson made a motion this permit be granted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mr. Coalson read a request for a parade permit from Richard Clark for Saturday, April 21, 1979 for the opening of Nickajack/Rhyne Park Girls Softball Association. This parade will begin at 8:45 a.m. at Smyrna Drive -Inn. Chief Little stated plans for the route would be coordinated with the Cobb County Police Department since a. portion of their route would be outside the city limits of Smyrna. Mr. Coalson made a motion the permit be granted. John Steely seconded and the motion carried by a 7-0 vote. Elbert Coalson stated that Mrs. Diane Hartley with the Smyrna Jaycettes was present tonight and requested a parade permit for the "Walk for Mankind, Project Concern" walkathon to be held April 28, 1979. Mrs. Hartley explained the Smyrna Jaycettes were sponsoring this walkathon, with the primary sponsor being Majik Markets. The "Walk for Mankind, Project Concern" is a non-profit organization with their main source of funds being money pledged for this 20-mile walk. The route will start at Atkins Pharmacy and their intentions are to use a lot of sidewalks in the Smyrna residential -area, with a portion of the route being in the county. Elbert Coalson made a motion the parade permit be granted and asked Mrs. Hartley to coordinate her route with the Police Department. Jack Shinall seconded the motion which carried 7-0. Asa Howard requested that Bank Street be closed, from City Hall to the Police Station on April 28th and 29th, during the Craft Fair in Centennial Park. Jerry Mills made a motion Bank Street be closed these two days. Jim Hawkins seconded and the motion carried by a 7-0 vote. Jim Tolleson stated he felt Jim Hawkins should be congratulated on being the newly elected president of the Wills High School PTA. Mayor Johnson reminded everyone of the Called Meeting for annexation public hearings tomorrow night at 7:30 p.m. Adult softball starts tomorrow night at King Springs Park; there will be a free swim following the pool dedication on Sunday, April 22nd. Next regular council meeting will be May 7, 1979. Meeting adjourned at 8:22 p.m. April 17. 1979 A Special meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on April 17, 1979. Presiding officer Mayor Frank Johnson called the meeting to order at 7:30 o'clock p.m. All Council members were present, except for Jim Tolleson who was out of town on business. Also present was Finance Director Gunter Newsom. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. JPublic Hearing - Annexation of Property Located in Land Lots 412 & 381 - The request for annexation 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 1101, 1012; said property to be annexed being described as follows, to wit: