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February 20, 1989 Council Meeting finally in place. Jim Hawkins said he had received quite a few calls about the removal of the roll-off container at the former location of the Sanitation office on Smyrna Hill Drive because quite a few of our citizens used it and it was much more convenient than going to the dump on County Farm Road. Our City dump was closed several years ago and the container at Smyrna Hill Drive was offered as an alternative. Mr. Hawkins said he would like this placed on our agenda for the next meeting to give consideration for another site for the roll-off container and would also like to give our citizens an opportunity to voice their opini.on. Mayor Bacon said it was necessary to remove the from the Smyrna Hill Drive site because there was no one to man the . He has asked the Public Works Committee to look into the problem their recommendation and Mayor Bacon said he felt confident this would be accomplished before the next meeting and it would not be necessary.to place it on the agenda. Mayor Bacon said he also had received a lot of calls about the container being removed and looked forward to the committee mee"ting and making their recommendation. Jack Shinall reminded everyone that the 911 number should be used in case of emergency only; not for non-emergency ambulance service calls. With no further business, meeting adjourned at 8:06 p.m. 3 February 20, 1989 The regular scheduled meeting of Mayor and Council was held February 20, 1989 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Ma::i{ Bacon. All council members were precsent. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Jim Luke, Church, followed by the pledge to the flag. pastor of Tillman Methodist CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: departments. Reports were given from Fire and Community Development PUBLIC HEARINGS: (A) Variance request - rear yard setback at 570 Windy Hill Road. John Patterson said that Sanford Phillips is requesting this variance to reduce the rear yard setback from 30 feet to 15 feet for an additional building. The variance, if approved, will allow an additional 250 square feet of space in the new building. The deeper setback is also needed to facilitate the widening of Windy Hill Road. There was one person in the audience in opposition who was sworn in with Mr. Phillips by Attorney Camp. Mr. the line. Phillips said the existing shopping center is between 2 and 4 feet from property line at some points and this building will be 15 feet from the This building will be between the existing shopping center and the old Feb~~ary 20, 1989 meeting - continued house with thee flea market and after construction is completed, the flea markeet house will be torn down and the buildings connected. Kathy Thurman, owner of Precision cutters said she objected to the variance becausee it placees the building too close to her property line and she plans to enlarge her shop at some future date. Ms. Thurman also presented pictures of the rear of Mr. Phillips' shopping center and stated it was an eyesore to her and her customers. The entire back of the property is littered with trash and debris, including an old tractor-trailer parked against the fence. Ms. Thurman said the property has not been cleaned in the 11 years she has been there. Kathy Jordan said this was the first time she had beeen made aware of these problems and made a motion the variance be tabled to the next meeting to meet with both parties and also allow time to further investigate the complaints made by Ms. Thurman. Bob Davis seconded the motion to table which carried 7-0. (B) Privilege license management change - liquor, beer and wine pouring Casa Gallardo Mexican Restaurant, 2728 New Spring Road. John Patterson said that Nancy Ellen Lach has applied as the new agent to hold the pouri.ng license for El Torito Restaurants, Inc., d/b/a Casa Gallardo. The police investigation was favorable and there was no opposition. Attorney Nancy Saul also represented El Torito Restaurants and said they have sold all of their restaurants in the Atlanta area except for this one, and were making quite a feew management changes. Mr. Lach said she was the dining room supervisor and had reead and understood our ordinances. With little discussion, Bob Davis made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (C) Privilege license management change Majik Market, 3002 Atlanta Road. - beer and wine package sales - John Patterson said that hold the package license investigation was favorable Robert C. Walburn has applied as the new agent to for Munford, Inc., d/b/a Majik Market. The police and there was no opposition. Mr. Walburn said he was thee Director of Property Management for Munford and also held licenses in Marietta, Kennesaw and Atlanta. Mr. Walburn said he was familiar with state and local ordinances and agreed to abide by them. With little discussion, Wade Lnenicka made a motion the transfer be approved. Jack Shinall seconded the motion which carried 7-0. (D) Privilege license management Majik Market, 2498 Spring Road. change - beer and wine package sales - John Patterson said that Robert C. Walburn will also be the appointed agent to hold the license for this location. There was no opposition, and Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. eEl Privilege license management change - beer and wine pouring - Pizza Hut, 3815 South Cobb Drive. John Patterson said that Conway Tucker is applying as the new agent for Pizza Hut, to be the person responsible for the beer and wine pouring license. The police investigation was favorable and there was no opposition. Mr. Tucker said he was the District Manager for Pizza Hut and had applied for licenses in Marietta and Cobb County and understood our laws and ordinances. Mr. Tucker said he was born in the Netherlands and was a naturalized citizen. He has lived in Cobb County for the last 20 months. Wade Lnenicka said that question #23 on the application, which asks if the applicant agrees to abide by the laws and ordinances was not checked and made a motion the transfer be approved subject to the original application on file being completed before issuance of the license. Bob Davis seconded the motion which carried 7-0. February 20, 1989 meeting - continued (A) Set date to hear appeal of Recorders Court - Thomas Everett Wa~lace. John Patterson said that Thomas Everett Wallace has appealed the Recorders court of February 2, 1989, where he was found guilty speeding. Bob Betenbaugh made a motion the appeal date be set for 1989. Kathy Jordan seconded the motion which carried 7-0. of for March 6, Bi~~ Scoggins said there are some minor changes still to be made in ordinance revision and made a motion it be tabled to March 20, 1989. shina~l seconded the motion which carried 7-0. this Jack (B) Ordinance amendment Chapter 12, Massage Practitioner (C) Open bids: 1) Jonquil Pool bathhouse. Service truck; 2) Floor saw; 3) Remodeling of Bids for a were opened, new service truck with utility body and PTO Sullair compressor read and recorded as fo~lows: Fouts Brothers South lake Ford $37,150 No bid Wade Lnenicka made a motion the bid be turned over to the Public Works Committee for their recommendation back to ful~ council. Bob Davis seconded the motion which carried 7-0. John Patterson said the bid request had been mailed to 14 vendors. Bids for a new floor saw were opened, read and recorded as follows: EEE Equipment BBJ, Inc. No bid Alternate #l - $4,305 Alternate #2 - $4,404 Alternate #3 - $4,070 Alternate #4 - $3,285 Bob Betenbaugh made a motion the Committee for their recommendation seconded the motion which carried 7-0. bids be turned over to the Public Works back to full council. Wade Lnenicka Bids for the remodeling of recorded as follows: Jonquil Pool bathhouse were opened, read and Hatcher & Son Cobb Home Improvement Northwest Horne Improvement GCD Construction $43,725 $29,833 $23,750 $24,804.50 Wade Lnenicka made a motion the bids be turned over to the Parks Committee for their recommendation back to full council. Bob Betenbaugh seconded the motion which carried 7-0. (D) Appointment to Clean City Commission - Ward 1. Bob Davis made a motion that Commission representing Ward 1. carried 7-0. Scott Bob Adair be appointed to the Clean City Betenbaugh seconded the motion which (E) Valida"tion of signatures to annex 40 acres in Land Lot 272 and 273. John Patterson said Bank had requested Vineyard Condominiums. that Henley Vansant, Senior Vice the annexation of the vacant tract Attorney Camp read the application President of Barnett adjacent to Martha's as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of the owners of the land area by acreage, as describeed 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 laws of the State of Georgia, said property being annexed being described as follows: All that the 17th as shown Registered hereof by being more tract or parcel of land lying and being in Land Lots 272 and 273 of District, 2nd Section, Cobb County, Georgia, and being 42.50 acres per plat of survey thereof by Thomas M. Ginn, Sr., Georgia Surveyor No. 1549, dated March 10, 1988, which plat is made a part reference for a moree particular description and delineation, and particularly deescribeed as follows: BEGINNING at an iron pin at thee common corner of Land Lots 233, 234, 271 and 272; thence south 88 degrees 31 minutes 34 seconds west along the northerly land lot line of Land Lot 272 a distance of 1268.50 feet to an iron pin at the common corners of Land Lots 272 and 305; thence south 00 degrees 57 minutes 30 seconds east along the westerly land lot line of Land Lot 272 a distance of 1201.01 feet to an iron pin at the common corners of Land Lots 272, 273, 304 and 305; thence south 00 degrees 46 minutes 57 seconds east along the westerly land lot line of Land Lot 273 a distance of 396.93 feet to an iron pin; thence north 89 degrees 13 minutes 03 seconds east a distance of 196.57 feet to an iron pin; thence south 74 degrees 21 minutes 01 seconds east a distance of 160.85 feet to an iron pin; theence north 13 degrees 50 minutes 43 seconds east a distance of 261.93 feet to an iron pin; thence north 87 degrees 31 minutes 21 seconds east a distance of 492.50 feet to an iron pin; thence south 68 degrees 49 minutes 38 seconds east a distance of 102 feet to an iron pin; thence north 83 degrees 57 minutes 12 seconds east a distance of 141 feet to an iron pin; thence north 30 degrees 02 minutes 34 seconds east a distance of 254.17 feet to an iron pin located at the common corners of Land Lots 232, 233, 272 and 273; thence north 01 degree 15 minutes 05 seconds west along the easterly land lot line of Land Lot 272 a distance of 1198.22 feet to an iron pin at the common corners of Land Lots 233, 234, 271 and 272 and the point of beginning. LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: All that District, Tibbitts, and being tract or parcel of land lying and being 2nd Section, Cobb County, Georgia, Georgia Registered Land Surveyor No. more particularly described as follows: in Land Lot 273 of the 17th as per plat by Randy L. 2137, dated August 8, 1985, TO FIND THE POINT OF BEGINNING, begin at the cornman corner of Land Lots 272, 273, 304 and 305, said district and section; thence south 00 degrees 46 minutes 57 seconds east a distance of 1248.0 feet to an iron pin found; thence south 89 deegrees 13 minutes 03 seconds west a distance of 70 feet to an iron pin found; thence north 76 degrees 30 minutes 14 seconds west a distance of 202.60 feet to an iron pin found; theence north 48 degrees 04 minutes 57 seconds west a distance of 205.0 feet to an iron pin; thence along the easterly side of Vineyard Way an arc distancee of 140.12 feet (a chord bearing of south 34 degrees 54 minutes 08 seconds west a chord distance of 138.66 feet) to an iron pin and the point of BEGINNING; from said POINT OF BEGINNING thence south 51 degrees 32 minutes 08 seconds east a distance of 194.96 feet to an iron pin; theence south 39 degrees 53 minutes 37 seconds west a distance of 370 feet to an iron pin; thence north 50 degrees 55 minutes 10 seconds west a distance of 193.20 feet to an iron pin; thence along the easterly sidee of Vineyard Way an arc distance of 104.46 feet (having a chord bearing of south 41 degrees 45 minutes 23 seconds west a chord distance of 103.65 feet) to a point; thence south 29 degrees 24 minutes 28 seconds west a distance of 86.02 feet to a point; thence continuing along the easterly side of Vineyard Way an arc distance of 137.60 feet (having a chord bearing of south 40 degrees 37 minutes 35 seconds west a chord distance of 136.72 feet) to a point; thence south 51 degrees 50 minutes 42 seconds west a distance of 31.25 feet to a point; continuing along the easterly side of V~neyard Way an arc distance of 12.62 feet (having a chord bearing of south 50 degrees 32 minutes 52 seconds west a chord distance of 12.62 feet) to a point, the same being the point of beginning. Less and except all that tract or parcel of land lying and being in Land Lot 273, 17th District, 2nd Sec"tion, Cobb County, Georgia, as per plat by Gerald T. Batchelor, Georgia Registered Land Surveyor #2236, dated April 27, 1984, and being more particularly described as follows: BEGINNING at an iron pin located on the easterly land lot line of Land Lot 273, said District and Section, which iron pin ~s located north 00 degrees 46 minutes 57 seconds west as measured along the easterly land lot line of Land February 20, 1989 meeting - continued Lot 273, said District and Section, a distance of 405.0 feet from the common corner of Land Lots 272, 273, 304 and 305, said District and Section; thence running north 00 degrees 46 minutes 57 seconds west as measured along the easterly land lot line of Land Lot 273, said District and Section, for a distance of 618.48 feet to an iron pin located on the southeasteerly side of Srnyrna Powder Springs Road, having a right of way of 50 feet; thence running south 63 degrees 30 minutes 56 seconds west as measured along the southeasterly side of Smyrna Powder Springs Road for a distance of 253.0 feet to an i,ron pin and corner; thence running south 13 degrees 50 minutes 43 seconds west for a distance of 485.0 feet to an iron pin and corner; thence running south 76 degrees 09 minutes 17 seconds east for a distance of 156.32 feet to an iron pin; thence running north 89 degrees 13 minutes 03 seconds east for a distance of 199.20 feet to an iron pin located on the easterly land lot line of Land Lot 273, said District and Section, and the point of beginning. This tract contained 3.652 acres. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION: Witness the hands and seals of 60% of the record title holders of the land described above: s/HENLEY VANSANT, SENIOR VICE PRESIDENT, BARNETT BANK Jack Shinall said this property should definitely be inside our city limits but there are some questions about ingress/egress since the only access is through the Martha's Vineyard development off Smyrna Powder Springs Road. The developeers will be asking for a rezoning to RAD-4 and Mr. Shinall said there are also some problems with the proposed zoning but made a motion the annexation be advertised for a public hearing March 20, 1989. Bob Betenbaugh seconded the motion which carried 7-0. (F) Validation of signatures to annex property at 2854 old Concord Road. John Patterson said that John F. Gorman has requested the annexation of his home on Old Concord and the application was read by Mr. Camp as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of the owners of the land area by acreage, as 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 State of Georgia, said property being annexed being described as follows: All and more that tract or parcel of land lying and being in Land Lots 305, 306, 344 343 of the 17th District, 2nd Section, Cobb County, Georgia, and being particularly described as follows: at an iron pin located at the southwest corner of old Concord Road Drive and running southeasterly along the right of way of Old Road a distance of 106 feet to a point; thence southwesterly a of 82 feet to a point; thence northwesterly a distance of 107 feet to the southern right of way of Floyd Drive; thence continuing in an easterly along the right of way of Floyd Drive a distance of 107 feet to the corner of Old Concord Road and Floyd Drive and point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident and record title holders of the land area described above: s/JOHN F. GORMAN Jack Shinall made a motion the public hearing date be set for March 20, 1989. Bill Scoggins seconded the motion which carried 7-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: Approval to Approval to request proposals for two (2) modular communication consoles request proposals for 2-way radio voting systems to request proposals for 20-channel reel to reel voice (A) (B) (C) recordi.ng system (D) Approval to request proposals for audit services ~athy Jordan made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. Bob Betenbaugh reported on parks activities. Kathy Jordan said plans are underway for the Spring Jonquil Festival and commeended Kathy Barton for the excellent job she is doing with the Clean City Commission. Jack Shinall said the Fire Committee had met and approved the addition of Contiki Jabalay to work in the Fire Department and throughout other departmeent teaching CPR and first aid classes. Her salary and expenses will come from surplus funds in the Fire Department. Jim Hawkins said the county will be setting a date for their 1% local option sales extension and would like for us to have our referendum for the increase in homestead exemption in conjunction with theirs. Jim Hawkins said he was also happy to report that the roll-off container would be back in place on Smyrna Hill Drive at the old sanitation office. Wade Lnenicka reported the hours of operation for the roll-off container, 8:00 a.m. to 5:00 p.m., Friday? Saturday and Monday. Wade Lnenicka asked everyone to be considerate of their neighbors and others in the City by not speeeding. Residents on Campbell Road have recently eexpressed their concerns about traffic problems on their street and being hit trying to leave their driveways. Attorney Camp reported that the City will be in court this week on the Jebco suit, for the zoning denial of their property at Hurt and Concord Road. Mayor Bacon expressed his appreciation to Representative Fred Aiken for his support and hard work during this term of the legislature. With no further business? meeting adjourned at 8:42 p.m.