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08-06-1979 Regular MeetingAugust 6, 1979 t The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on August 6, 1979 in the Court Room of the Police Station, Smyrna, Georgia. 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 Bill Brewer representing City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Parks and Recreation Director Asa Howard, Public Works Director Jim David, Building Inspector Len Williams, Civil Defense Director Jim Farley and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. Citizens Reports (1) Jim Sparks representing the Smyrna Jaycees requested permission to hold a road block to raise funds for Muscular Dystrophy. Mayor Johnson asked Mr. Sparks to work out the arrangements with Chief Little following the meeting. (2) Elbert Coalson read a letter from Linda Sue Butler complaining of loud noise in the City. Ms. Butler was present and stated she was bothered by noise pollution all day and all night, especially on weekends. Chief Little stated he had parked in the vicinity of her house (Pat Mell Road and Harold Lane) for thirty minutes on Friday afternoon, from approximately 5:30 to 6:00 and did not hear any unusual noise. Also, he was there today from 4:00 to 5:00 and did not notice any unusual activity. Ms. Butler stated she was not only bothered by loud cars and motorcycles at her home, but all over the City. Chief Little stated he had instructed his men to pay particular attention to the area near her home after receiving her letter, but there was nothing they could do if the cars and motorcycles had legal mufflers. (3) Mrs. Crane, Wisteria Lane, stated she had phoned the Mayor and waited for two weeks for him to'return her call.' Mayor Johnson explained he had been on vacation, and was unable to return her call. Mrs. Crane stated her neighbor Mr. Coomby parked his truck in the street blocking her driveway and wanted to know why an ordinance couldn't be passed to keep cars from parking in the street. Jerry Mills explained the way the ordinance reads now, that 51% of the residents on any particular street can request in writing, that the street have no parking signs installed. If the residents of that street request these signs, they will be installed: Mayor Johnson told Mrs. Crane that he had called Mr. Coomby and planned to get together with him, but he had been out of town a week on vacation. Also, Mr. Coomby is out of town this week -on vacation and they have not had a chance to talk. Mayor Johnson stated there was nothing"the City could do legally to prevent her neighbor from parking on the'street;_-it"was more a matter of her and her neighbor being able to work something out between themselves to resolve this problem. (4) The owner of 3138 Wills Street requested a variance to install a chain -link fence and gate around his property, which is located at the end of a dead-end street. He stated the fence, with the gate he wants to install, would not hinder a fire truck from coming onto the property. Bill Darby explained the reason for this request was that motorcycles and cars had been coming through this property, since the house is the last one on the dead-end street and the owner was requesting this variance, en- abling him to install the fence and keep vehicles off his property. Bill Darby made a motion the variance be granted, following approval by the Fire Marshal. Jim Tolleson seconded the motion. Following discussion, Jack Shinall made a motion this request be tabled pending further investigation. John Steely seconded the motion which carried 4-3. John Steely, Jack Shinall, Elbert Coalson and Jerry Mills voted for. Jim Hawkins, Bill Darby and Jim Tolleson voted against. Appointment - Mr. Ray Brooks was reappointed to a 6-year term to the Civil Service Board, this appointment being recommended by the two other Board members. Mr. Brooks was sworn in by Mayor Johnson. Mr. Johnny Morris had requested to be placed on the agenda, but was not present. Variance - Mr. James M. Henson, 871 Cherokee Trail requested a variance be granted to allow him to live at the location of his business which is zoned CI. Elbert Coalson made a motion this request be denied, seconded by John Steely. Vote on the motion carried 7-0. Commercial building permits were presented by Inspector Len Williams and upon his recommendation the following action is recorded: (1) Brawner's Hospital, 3180 Atlanta Road requested a permit to build a new dining hall onto the existing building.- Plans had been approved by the Fire Marshal. Jack Shinall made a motion the permit be approved, seconded by Bill Darby. Vote on the motion carried 7-0. (Continuation of August 6, 1979 Meeting) (2) Wade Ford, 3860 South Cobb Drive requested a permit for,the construction of their new building. Plans are still in the hands of the Fire Department at this time. Elbert Coalson made a motion the permit be granted, subject to approval by the Fire Marshal. Jim Hawkins seconded the motion. Mr. Rainwater, representing the construction company doing this work stated there was some problem with the banks on the right of way of South Cobb Drive and next to King Springs Road. They are in the process of correcting these problems which will include grassing the banks and building retention ponds, but assured Council that everything would be in order. When the construction is complete, there will not be any problem with erosion. Vote on the motion carried 7-0. (3) Tillman'Methodist Church, 940 Concord Road requested a permit to remodel the existing structure. Plans are in the hands of the Fire Department at this time. Jim Hawkins made a motion these plans be approved, subject to approval of the Fire Marshal. Elbert Coalson seconded the motion which carried 7-0. (4) Querry Fence Company, 3470 Lake Drive requested a permit to construct a metal building at that location. Plans have been approved by the Fire Marshal. John Steely made a motion the permit be approved. Jack Shinall seconded the motion which carried 7-0. Jack Shinall stated that bids which were opened at the last council meeting for 600 residential water meters had been awarded to Davis Meter Company. John Steely reported the bid for the renovation of City Hall had been awarded to Southern Insurance Repair, Inc., being the low bidder. This company had been investigated, and found to be reputable. John Steely made a motion the Mayor be empowered to sign the contract with Southern Insurance, seconded by Jerry Mills. Vote on the motion carried 7-0. Jim Tolleson made a motion a resolution be adopted and the Mayor empowered to sign it, amending the age discrimination in employment act. This act changes the mandatory retirement age.from.65 to 70 and would bring our city ordinance in line with JMERS. Bill Darby seconded the motion which carried 7-0. Jim Tolleson stated the Employee Benefit Committee had met several times to determine the best method of insuring employees for maternity benefits. The Federal govern- ment now requires that we treat maternity cases as we would any other illness or injury, this law becoming effective April 29, 1979. It would cost the City approx- imately $21,000 to $22,000 the first year to handle this through an insurance carrier. If we continue our policy of paying $300 to employees or spouses for pregnancy cases, we could place ourselves in a precarious position as this course of action would be contrary to Federal law. Jim Tolleson made a motion we adopt the third option, which would be to self -insure all maternity benefits and either engage a firm to administer this insurance for us, or handle ourselves. This coverage would be comparable to the coverage we presently have under our group policy. Jerry Mills seconded the motion. Vote on the motion carried 7-0. Annexation - Request for validation of signatures was made by Green Acres Baptist Church, property being located in LL 349 and 372, Pat Mell Road. The 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 unin- corporated 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 349 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the north side of Pat Mell Road 197 feet west, as measured along the north side of Pat Mell Road, from the northwest corner of the intersection of Pat Mell Road and Gober Avenue; said point of beginning also being the east line of Land Lot 349; thence running west along the north side of Pat Mell Road 402 feet; thence north 533 feet; thence east 402 feet to the east line of the above mentioned Land Lot; thence south along the east line of said Land Lot, 533 feet to the north side of Pat Mell Road and the point of BEGINNING. (Continuation of August 6, 1979 Meeting) PARCEL 2 - All that tract or parcel of land lying and being in Land Lot 372 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at. the point of intersection of the north side of Pat Mell Road and the west line of Land Lot.372; running thence north along the west. line of said Land Lot 372, 275 feet; thence east 8.5 feet to the northwest corner of property which was conveyed to Green Acres Baptist Church by Warranty Deed dated April 23, 1954, and recorded in Deed Book 279, Page 45, Cobb County Records;.thence southerly 275 feet to the north side of Pat Mell Road and the point of BEGINNING. PARCEL 3 - All that tract or parcel of land lying and being in Land Lot 349 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the north side of Pat Mell Road at the intersection of.the east side of a 40-foot street, which point is located 541.9 feet west of the east land lot line of Land Lot 349, as measured along the north side of Pat Mell Road; running thence north along the east side of said 40-foot street a distance of 220 feet; running thence east a.distance of 150 feet; running thence south a distance of 220 feet to the north side of Pat Mell Road; running thence west along.the north side of Pat Mell Road a distance of 140 feet to the east side of said 40-foot street and 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 60% of the electors resident in the area described below: s/JAMES T. BENEFIELD, CHAIRMAN OF TRUSTEES" Jack Shinall made a'motion the signatures be validated and the date for public hearing be set for August 27,.1979. Jim .Tolleson seconded the motion which carried 7-0. Annexation - Mr. Harold B. Wright requested annexation of his property located on Hawthorne. Avenue. The request was read as follows: "We the undersigned, 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: All that tract or parcel -of land lying and being in Land Lot 562�of the 17th District, 2nd Section, Cobb County, Georgia, being Lot 8 of the Henry Adams Property., (re -subdivision of part -of J. H. Taylor Subdivision); as per plat recorded in Plat Book 9,.Page:161, Cobb County records, and being more. particularly described.as follows: BEGINNING at a point on the north side of Hawthorne Avenue 70 feet east -from the northeast corner of Hawthorne Avenue and Davis Drive; running thence east along the north side of Hawthorne Avenue 70 feet; thence north 140 feet; thence west 70 feet; thence south 140 feet to the north side of Hawthorne Avenue and 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/HAROLD B. WRIGHT" Jerry Mills made a motion this signature be validated and the public hearing set for August 27, 1979. Jim Hawkins seconded the motion which carried 7-0. Jim Hawkins made a motion the minutes from July 7, 1979 be approved as submitted. Bill Darby seconded the motion which carried 7-0. Jerry Mills made a motion the minutes from the meeting of July 16, 1979 be approved as submitted. Jim Hawkins seconded the motion which carried 7-0. (Continuation of August 6, 1979 Meeting) Elbert Coalson made a motion the minutes from July 30, 1979 be approved as sub- mitted. Jack Shinall seconded the motion which carried 6-0. Jim Tolleson abstained. Committee Reports (Parks) Jim Tolleson read a request for a policy change from Asa.Howard, Director of Parks and Recreation as follows: "Registration for all - classes/programs will only be accepted in person at the Parks and Recreation Department's office. Waiting lists will be formed when classes/programs are filled and additional classes/programs will be offered whenever possible. When classes/ programs have limited registration, they will be on a .first -come first -served basis. Participants are not considered registered until all fees have been paid. All class/program registration fees are non-refundable." Jim Tolleson made a motion this policy be adopted. John Steely seconded the motion, to become effective tonight. Vote on the motion carried 7-0. (Finance) Bill Darby stated we hope to have a preliminary budget for FY1980 by September 17, 1979. Jim Hawkins stated on July 16th he had made a motion that Love Street Extension be closed to through traffic and his motion was never brought to the floor for a vote. Jim made a motion again that Love Street Extension be closed at the entrance to the apartments, due to the unsafe condition of the street. Jim stated this street was a dead end, and when the apartments were built their driveway was extended into Love Street Extension, opening it to through traffic. There are two other entrances to the apartments at this time. Jim stated he has a petition signed by everyone. living on Love Street, except for one family, requesting this street be closed. Jim Tolleson seconded the motion. Following discussion, vote on the motion carried 7-0. (Civil Defense) Jim Farley stated he and Dick O'Hara would be attending a 3--day seminar to work up their Civil Defense program beginning October, 1979 through September, 1980. Also, the Civil Defense Department has 25 boxes of rancid crackers from their supply shelter and he asked permission to dispose of them. Mayor Johnson stated this did not really call for a motion, and advised Mr. Farley to dispose of them as he saw fit. Mr. Coalson thanked the Civil Defense Department and, -Police Department for the good work they are doing. Mayor Johnson reminded everyone of the next council meeting on August 20th. With no further business, meeting adjourned at 8:43 p.m. August 20, 1979 The regular meeting of Mayor and Council was held in the Court Room of the Smyrna Police Station on August 20, 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 except Bill Darby who was on vacation. Also present was City Attorney Charles Camp, City Clerk Willouise Spivey, Finance Director Gunter Newsom, Police Chief R. E. Little, Building Inspector Len Williams, Parks and Recreation Director Asa Howard, Public Works Director J. E. David, Civil Defense Director Jim Farley, Programmer Tom Hill and representatives of the press. Invocation was given by Elbert Coalson, followed by the pledge to the flag. Mayor's Report: After many months of negotiations with the City of Marietta over territorial right of property across Cobb Parkway, and after an almost complete breakdown of communications, to the point of litigation in the courts, just before the trial began we were able to get Marietta to accept a compromise which was favorable to our city. This was the same compromise we had asked from the outset which was that the City of Smyrna be allowed to annex the Post Properties on the west side of Highway 41, comprised of 301 acres, and I report to you that property is now in the City of Smyrna. In the future we will realize great benefits from this property because it will give us a tax base unequal to anything that has been annexed into this city in many years in the past. The other objective we wanted to achieve was to stop the City of Marietta, from what we call encroachment into our natural growth area, by their continued move to annex properties south of Windy Hill Road, east of Cobb Parkway, taking a tremendous tax base from the county. We achieved this goal this morning. No one will be allowed to annex this particular property for a period of two years, after which we will fall under a new State law