Loading...
April 6/20, 1987 Council Meeting April 6, 1987 regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 6, 1987 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members Were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, and representatives of the press. Invocation was g:i.,vlFP by Mike Wheeler, pastor of King Springs Baptist Church. followed by the plegge to the flag. Mayor Bacon introduced Stacy Wheeler, congratulated her. the 1987 "Miss Jonquil Festival" and Bob Davis read a proclamation for "Communications Week" in the City. Joel Harrell read rlFsol1;rtion regarding the proposed widening of Atlanta Road expressing the City's E>upport for the widening of the road but also as being opposed to the rai$eg median and made a motion it be adopted. Jim Hawkins seconded the motionwll:i.qhc?p:'ied 7-0. Copies of the resolution will be mailed to the State Depart1J1.Ernt. 9f Transportation. Cobb County Commission members and Cobb County Engineering Department. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: . Rep9rts were given from the Parks Department. Library and Clean City Committee. Joel Harrell gave a report from the Public Works Department in the absence of Vie Broyles. PUBLIC HEARINGS: (A) Variance between buildings. at 6000 and 6200 Highlands Parkway to reduce distance John Patterson said that Archie Jenkins was representing Wilson Development in their request to reduce the distance between buildings from 40 feet to 35 feet. There was no opposition. Mr. Jenkins said the topography of the land necessitated a variance on construction of these two buildings and rather than encroach upon the adjacent land owners to either side. decided it would be best to place the two bu:i.lgingE> closer tO~ether. The ordinance requires a distance of 40 feet between buildings and they were asking for a reduction to 35 feet. Ragan saiCl.spuncil was familiar with Highlands Park and was pleased with quality deye+9Pffients. Council has previously set a precedence in assessing fines on. variances where construction has already begun. Mr. Jenkins stated tonight that the pad has been poured at the 6000 building and the foundation walls and coll;lWnE> poured in the 6200 building. and did not know if that particular poliCy would apply in this case since it was not brought forth at the agepda mlFetipg on Thursday night. After further discussion. Hugh Ragan made a motion the variance be approved. Jim Hawkins seconded the motion which carried 7-0. (B) Privilege license request - Cobb Center Jewelry & Pawn, 2175 Old Concord Road. John Patterson pawn Shop at investigation Chaim Oami has submitted an application for a formerly Eastside Trading Post. The police there was no opposition from the audience. Kathy Brooks asked Mr. Oami if the Eastside Trading Post was still in business. Mr. Oami said it is. and he is a part owner of that corporation but would take overthebUE>iness if the license was approved. He has been in the pawn shop busineE>E>pefore, operating as Fidelity Jewelry and Loan on Delk Road and is stillp<.lrt oWner and maintains that business. Mr. Oami said he had read our ordinances on pawn shops and completely understood the reporting procedures. Shinall said the.apg+isation stated this would be ? corporation and asked Oami why other office:!:'E> weren-t listed. Mr. Oaroi said the corporation was the formative stageE> and he had the name reserved for the corporation but this time there were no other people who had any interest in the company. Jack Mr. in at April 6. 1987 - continued Once applied for. Mr. and addresses of those background investigation. Oami said he understood that he must report the names officers and they would also be subject to the same Jack Shinall said the application was also not completed by failure to give the addresses of his personal references. Jack Shinall asked Mr. Oami if he dealt in gold and he said he did, but very little. Jack asked if he had a license to deal in gold at that location and Mr. Oami said he was going to apply for a retail license in addition to the pawn license. but everything was pending on approval of the pawn license. If not approved, he would close this business. Mayor Bacon asked Chief Little if the police department has had any problems at this location with Eastside Trading. and the answer was no. Bob Davis said one very important question on the application had also been left unanswered. involving prior arrests or convictions. Mr. Gami said the answer was no, and the omission of that answer was simply an oversight. There was considerable discussion about reporting requirements for gold or precious metals. including pictures of items being pawned. Mr. Oami said they have never made pictures during their operations at Eastside Trading Post. and the police department has never required them to do so. Attorney Camp read a portion of the precious metals dealers ordinance which states that pictures are required of the sellers. Jim Hawkins said it would seem that two different licenses would be required for a pawn broker if he is also dealing in gold or other precious metals. Jack Shinall said the pawn brokers he knew were taking snapshots in sales of gold or precious metals. After further discussion. Kathy Brooks said the police investigation was favorable and this is a previously licensed establishment. and made a motion the license be approved. Jim Hawkins seconded the motion which failed 4-3. with Hugh Ragan. Jack Shinall, Jerry Mills and Bob Davis opposed. FORMAL BUSINESS: (A) Validation of signatures to annex property at 4343 Fawn Lane. Attorney Camp read an application for annexation of 4343 Fawn Lane in Land Lot 243. signed by Glen J. and Leah E. Mehlsack 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 lOll. 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 243 of the 17th District. 2nd Section, Cobb County. Georgia. being more particularly described as follows: BEGINNING at an iron pin at the corner common to Land Lots 243. 244. 262 and 261; thence running west along the south line of Land Lot 243 a distance of 152.7 feet to a point where the south line of Land Lot 243 intersects with the northerly right of way line of Seaboard Coastline Railroad; thence running northwesterly a distance of 253.1 feet to a point on the south right of way of the cul-de-sac of Fawn Lane; thence running along the right of way line of Fawn Lane a distance of 111.5 feet; thence leaving said right of way and running in a southeasterly direction a distance of 319.1 feet to the east line of Land Lot 243; thence running south along the east line of Land Lot 243 a distance of 43 feet to the corner common to Land Lots 243. 244, 262 and 261 and 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/GLEN J. MEHLSACK & LEAH E. MEHLSACK Hugh Ragan made a motion the signatures be validated and the public hearing set for May 4. 1987. Kathy Brooks seconded the motion which carried 7-0. April 6. 1987 - continued (B) Set hear appeal of Recorders Court. John Patterson said that William Mathis has requested an appeal of the Recorders Court decision of March 12. 1987 where he was found guilty of violation of Sections 11-20 and 11-23 (cleanliness of premises; nuisances). Jerry Mills made a motion the appeal be heard April 20. 1987. Jim Hawkins seconded themotion.which carried 7-0. (C) Approval of 5 streets for radar use. John Patterson saiCl.that several months ago the Mayor and Council approved the addition of seve:!:'<.lJ.:st;J;'"~ets for radar use. This list was reviewed by the State and one of the stre~1:s,J?at Mell Road. deleted by them. Jim Hawkins read the list of streets to be added to our speed zone ordinance as follows: Highlands Parkway South Cobb Drive (SR280) west to the dead end a distance of 1.7 miles 35MPH King Springs Road g~yes Drive southwest to South Cobb Drive (SR280) a distance of .5 miles 35MPH Old Concord Road gi~~orY Acres Drive north to Jones Shaw Road a distance of 0.5 miles 35MPH South Cobb Drive (SR280) Beginning at I-Z85 (M.L. 0.74) north to Kenwood Drive (M.L. 1.13). a distance of 0.39 miles 50MPH at Kenwood Drive (M.L. 1.13) Ridge Road (M.L. 3.03) a of 1.90 miles 55MPH Concord Road Woo4v~11ey Drive west to Deerwood Parkway a distance of .4 miles 35MPH Pat Mell Road was deleted from the list because of insufficient sight distance. Jim Hawkins Illade a motion the speed zone ordinance be approved. Joel Harrell seconded the motion which carried 7-0. (D) Validation of signatures to annex 10 acres on South Cobb Drive. application for annexation of approximately 10 acres on Lot 482 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 contig~ous 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, 41Z. 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 482 of the 17th District, 2nd Section. Cobb County. Georgia. being more particularly described as follows: BEGINNING at a lIZ-inch rebar found at the common corner of Land Lots 455. 456. 481 and 482. said di1;'trict and section; running thence along the land lot line between Land Lot 455 to the west and Land Lot 482 to the east, north 0 degrees 17 minutes 34 seconds west a distance of 1.125.78 feet to an iron pin set on the southwestern side of the right of way of South Cobb Drive (being a 200-foot right of way); running thence along said side of said right of way south 39 degrees 31 minutes 48 seconds east a distance of 1.467.47 feet to an iron pin set at the intersection of said side of said right of way with the land lot line between Land Lot 482 to the north and Land Lot 481 to the south; running thence along said land lot line south 89 degrees 30 minutes 00 seconds west a distance of 1.329.56 feet to the 1/2-inch rebar at the point of beginning. WHER:E":EQR'E, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. April 6, 1987 - continued 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/DONALD D. HAMMETT Jim Hawkins made a motion the signature be validated and the public hearing date set for May 4, 1987. Jack Shinall seconded the motion which carried 7-0. (E) Validation of signatures to annex .34 acres at 3750 Gann Road Attorney Camp read an application for annexation of 3750 Gann Road in Land Lot 456, signed by Ray L. and Inez G. Lewis as follows: We the undersiggned. 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 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 456. 17th District. 2nd Section. Cobb County. Georgia and being Lot I, Block C, J. Y. Wootton Subdivision as per plat recorded in Plat Book 18, page 138. Cobb County. Georgia Records and being more particularly described as follows: BEGINNING at an iron pin at the corner formed by the intersection of the southwesterly right of way of Gann Road and the northerly land lot line of Land Lot 456; running thence westerly along the northerly land lot line of Land Lot 456 a distance of 140.9 feet to an iron pin; running thence southerly a distance of 100 feet to an iron pin at the line dividing Lots 1 and 2. said plat. block and subdivision; running thence easterly along the line dividing Lots 1 and 2 a distance of 160 feet to an iron pin on the southwesterly right of way of Gann Road; running thence northwesterly along the southwesterly right of way of Gann Road a distance of 101.4 feet to an iron pin 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/RAY L. LEWIS & INEZ G. LEWIS 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/RAY L. LEWIS & INEZ G. LEWIS Jim Hawkins made date set for May 4. a motion the signatures be validated and the public hearing 1987. Jerry Mills seconded the motion which carried 7-0. (F) Approval to surplus equipment Hugh Ragan made a motion the following equipment be declared surplus and sold at the City auction April 25, 1987. 1978 Ford LTD - #F8U63C158590F (Water Department) 1975 GMC - #TCY145A501305 (Sanitation #51) Wayne Limb Chipper - #300-2075 (Streets #54) 1973 Ford F700 - #F70EVS32928 (WaterlSewer #13) 1982 Datsun Pickup - #JN6MDOISXSW-111577 (Parks & Recreation) 1977 GMC Sierra Pickup - #TCL247A510859 (Parks & Recreation) Kathy Brooks seconded the motion which carried 7-0. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Block Hunter Street for Little League opening day April 11 (B) Parade permit for Little League opening day (C) Tapes for dictaphone recorder in Communications Department 3$ (D) (E) (F) (G) (H) (I) . portion water line on Foster Street & March 1987 Drive Old Pasadena Blvd. said we seldom have annexation requests from his two that were validated tonight. Jack should be within the next the drainage study. Joljn Patterson said the study and we should be seeing signs of construction Kathy Brooks Saturday and year; the most ever. to come to the Spring Festival and parade this that Little League has enrolled over 300 boys this Hugh Ragan said Easter holidays of school next would remember the significance of the mindful of the children who will be out Mayor center Bacon center Bacon on said it when 1;'everal people contact him about the new shopping of Chastain Cat and Dog Clinic. Mayor that they would move into the new shopping complete. With no further adjourned at 8:41 p.m. ************************ April 20, 1987 of Mayor and Council WaS held April 20. 1987 at was called to order at 7:30 o'clock p.m. by . Max Bacon. All council members were present. Also John Patterson, City Attorney Charles E. Camp. representatives of the press. Bud Abbott. First Baptist Church. followed by report. DEPARTMENT REPORTS: Reports were given from the Fire, Police and Community Development Departments. PUBLIC HEARINGS: (A) Appeal of decision - William Mathis. decision of Recorders Court of March 12, 1987, of violation Sections 11-20 and 11-23 of the of property; nuisances. Mr. Mathis was to cleanup his property at 1599 Roswell Street. City Engineer Mike Hutchinson and City Marshal Mr. Mathis him. He was copies of asked if ordinanCe; first like to know what the complaint was against of the charges when he was in court; they gave him and told him he was in violation of them. Mr. Camp II. Section 11-20 of the Health and Sanitation etc. on private property and Mr. Mathis said that them. M):'... CamP asked if at any time there had been waste, waste m.a.t:erial. trash. rubbish. building materials there. Mr. there was . :some building materials there, and had been there or 5 years. but he would not classify that as trash. asked if he was advised at the time of the hearing that he was in of Sectiol'l .1),-:2.3 dealing with junked and inoperative vehicles premiSes of any dwelling. and Mr. Mathis said he was and also to tllatcharge. Mr. Mathis said he did have vehicles in his April 20. 1987 - continued yard. out of public view in his back yard. The yard is not fenced but Mr. Mathis said there was a drainage ditch with some growth on it so for the most part, none of the neighbors could see his back yard. Mr. Camp asked about the type of growth there and Mr. Mathis said it was voluntary growth, some of it was there when he move in 24 years ago and some has come up since. Mr. Mathis said the City Marshal had told him on his last visit there that he was not in violation. Mr. Camp asked Mr. Mathis if he received a letter dated October 17. 1986. and Mr. Mathis said he did. Mr. Camp said this letter stated his property was in violation of Sections 11-20 and 11-23 and that if corrective action was not taken within 10 days of receipt of the letter he would be summoned. Mr. Mathis agreed that he had received the letter. but the code sections referred to are very vague and in very broad terms. Mr. Mathis said he thought we should be more specific in what he was in violation of. Mr. Mathis said the ordinance lists rocks and pebbles as rubbish. and admitted he had rubbish in his back yard if rocks were classified as rubbish. Mr. Camp said there was a certain extent to where these items would be classified as rubbish; by being piled up. strewn about. etc. Mr. Mathis said he had lived next to a burned out. junk house for 6 years and the City had never done anything about that. Mr. Mathis said he was continually working on his place by planting some shrubbery. getting rid of some cars. and had made an attempt to correct the problem. Jack Shinall asked about the vehicles in his yard, and Mr. Mathis said he had some that might not be operable and there was one that he knew was not operable. He bought that vehicle to fix up for someone, as a hobby. About a year ago. he had a bad fall and had not been able to do a lot of work on it. Mr. Camp asked what he had done in the last 6 months since the City began taking action to make improvements. Mr. Mathis said he had planted probably 18 shrubs. put in some brick sidewalks. landscaping ties and put in a couple of dogwoods in the front yard and had also done some work in the back yard by putting in railroad ties. and had put about 6 shrubs in. Mr. Camp asked how many vehicles he had at his home. Mr. Mathis said there were 6 vehicles there and he lived alone. There are one or two vehicles he drives frequently and some are antiques. Mr. Camp asked if the cars had batteries in them and Mr. Mathis said he was not sure. Mr. Camp told Mr. Mathis he was being evasive with his answers and reminded him there were penalties for perjury. When he was asked if he had rubbish and trash in his yard, he had answered yes and then no. Mr. Mathis said he had some rocks and pebbles in his yard and also had building materials in his yard. not waste material. Mr. Camp said he did not think it could be called building materials because there is an ordinance that says you have to use materials such as this within 6 months; they cannot be stored. Mr. Mathis stated earlier that these materials had been there for 4 years. Mr. Mathis said he was building a garage in his back yard and was doing landscaping. The garage has been under construction for 4 or 5 years and measures 25 x 80. Gene Golden said that in September 1986 he received complaints about trash and rubbish and inoperative vehicles at 1599 Roswell Street. After investigation. it proved to be a valid complaint and a letter was issued to Mr. Mathis asking him to take corrective action within 10 days. There was no action taken and he was cited into court for November 13. The case was continued to December 18th and continued again to February 18th. Mr. Mathis appeared and pled not guilty and a new court date was set for March 12th where he was found guilty and fined $100. Mr. Golden had pictures of the property but at the objection of Mr. Mathis. were not allowed as evidence. Mr. Golden described what he had observed when the pictures were taken and said he believed Mr. Mathis had purchased his building permit in August 1982 and it was just recently renewed. Mr. Camp said building permits are only good for 6 months and this would not be a renewal if his original permit had lapsed. Mr. Golden said he had told Mr. Mathis on one occasion that if he would call him. he would walk the property with him and tell him what was trash, what was rubbish. and what he had to get rid of. but he never called back. Mr. Golden said he had been city marshal for 5 years, and in his opinion. this property was definitely in violation of the code at the time the citation was written and any reasonable person would determine that there was rubbish. debris. and inoperative vehicles at that location. April 20, 1987 - continued Mr. Golden said from what he could see in the front, the property does not seem t.o be in vi.olation now as far as the high weeds are concerned. However. the vehic1es. trash and rubbish are still there. City Enginee):' Mike Hutchinson said he had observed Mr. Mathis's yard from driving in the area aI).d you could n.ot help seeing the garage from the street. and wender why it has not been finished and also questioned the method of construction. Mr. Hutchinson said the garage was visible from Hawthorne and R.oswell Str.eets... .He also observed what appeared to be inoperative vehicles. drums, misce11aneous qonstruction materials laying on the ground in the vicinity of the building being constructed. The garage is partially assembled. built from steel. ..cpncrete and corrugated metal. Mr. Hutchinson said the material had been sittiI).g for quite some time and had rusted and looked to be disorderly. so he would consider it rubbish. The building permits were not checked on until thelet~ers were sent about the violations. The last building permit was issued in Fel>ruary 1987. Mr. Hutchinson said in his best judgment. Mr. Mathis's property was in violation .of our ordinance. Mr. Mathis said he had .;r.l:luilding permit and had some sheet meta1. structural steel. brick, and would +ike to build his garage. Mr. Mathis said this was his third building permit; the first two were issued for twe year periods. This permit was for 6 :m.onths~with a stipulation not to work en the weekends. Mr. Mathis said the appear.;r.nce of his property was not the greatest. but neither were the surrounding homes. Mr. Mathis" said he would have the building completed in 6 months. After further discussion. Jerry Mi11s made a motion the recorders court decisien be upheld. Jim Hawkins seconded the motion which carried 7-0. (B) Annexation of property on Camp Highland Read. There was n.o9J?po1;':i.ti.op. and Hugh Ragan made a motion the Stamey/Chadwick/Fergtls.onIAshkouti property on Camp Highland Road in Land Lets 620. 621 and 677 be annexed into the City to become a part of WArd 7, the legal descriptioPl>e;iil;1g. read and made a part of the minutes of the March 9. 1987 meeting. Kathy Brooks seconded the motion which carried 7-0. (c) Rezoning of CaIlJP:Higllland Read property from R-20 to General Commercial. There was no oppositiop from the audience and Hugh Ragan made a motion the 14 acres just annex~d be rez.oned from R-20 to General Commercial. There are no immediate plans.. for ..Cl.eve1.opment and the proposed East-West Connector wi11 cross South CqbbDl:'iYe;.;r.tCamp Highland. impacting this area. The planr.~ng and zoning board alsorlFsommended approval of this rezening. Jerry Mills seconded the motion which carried 7-0. (D) Request for Drive (management wine package license at Food Giant. 2370 South Cobb John as the the District 1976. There was no Mergan Hollifield had submitted an application Giant on South Cobb Drive. Mr. Hollifield is Giant has held a license at this location since read and understood our .ordinances and did not Food Giant. Kathy Brooks said the police and made a motion the license be approved. Jack carried 7-0. FORMAL BUSINESS: (A) Ordinance amendment - Sectien 1-8. John Patterson said the cUrrent ordinance provides a maximum fine of $200 and a sentence .of 9Qgaysfor penalties of vielations net otherwise specified in the code. Gtl:t:-rlFntlE:'!gi:slation by the State aHows a maximum fine of $1.000 and a sentence of ..180 days and recommended the City ordinance be amended te allow the increased maximum fine. Jim Hakwins made a motien the ordinance be amended by deleting Secti.on )...8 in its entirety and replaced with the following: Section 1-8. General pena1ty. in this CodeQrip any .ordinance of the city any act is prohibited or is made .or declared to be unlawful or an offense. .or whenever in such Code or April 20, 1987 - continued ordinance the doing of any act is required or the failure to do any act is declared to be unlawful. where no specific penalty is provided therefor. such violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding one thousand dollars ($1,000.00). by sentence of imprisonment not exceeding one hundred eighty (180) days and to work on the streets or public works for a period not exceeding ninety (90) days. any or all such penalties in the discretion of the recorder. Jack Shinall seconded the motion which carried 7-0. (B) Approval to surplus property. Hugh Ragan made a motion the following list of equipment be declared surplus and sold at auction April 25. 1987. 1981 Ford LTD-S 1983 Ford LTD 1983 Ford LTD 1983 Ford LTD 1983 Ford LTD 1980 Ford Fairmont 1979 Ford F800 IFABP31G6BU174884 (Police) IFABP43GXDZl18147 (Police) IFABP43GIDZl18148 (Police) IFABP43GXDZl18150 (Police) IFABP43G4DZl18164 (Police) 2FABP21B7BXl14745 (Street Dept.) F82BUEH1862 (Street Dept.) 1 - Refrigerator - #0097 SEars (Fire Dept) 1 - Dishwasher - General Electric (Fire Dept.) 3 - Mattresses Bob Davis seconded the motion which carried 7-0. (c) Validation of signatures to annex property on Camp Highland Road. Attorney Camp read an application for annexation of property at 4641. 4651, 4657. 4659. 4661 and 4585 Camp Highland Road in Land Lots 606. 620 and 619 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 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 Lots 606. 620 and 619 of the 17th District. 2nd Section, being more particularly described as follows and being known as 4641. 4651. 4657. 4659 and 4661 Camp Highland Road: Beginning at a point on the northeasterly corner of Seaboard Coast Line Railroad and Camp Highland Road and running northeasterly along the right of way line of Camp Highland Road a distance of 746 feet; thence leaving said right of way and running south 52 degrees 20 minutes east a distance of 200 feet; thence south 35 degrees 5 minutes west for a distance of 38.5 feet to a point on the south line of Land Lot 620; thence north 88 degrees 30 minutes east a distance of 239.0 feet to an iron pin; thence south 28 degrees 31 minutes east a distance of 133.6 feet; thence south 14 degrees 03 minutes east a distance of 100.2 feet to an iron pin found; thence south 16 degrees 30 minutes east a distance of 178.7 feet; thence south 37 degrees 54 minutes west a distance of 136.0 feet; thence north 89 degrees 50 minutes west a distance of 575.1 feet to a point on the east line of Land Lot 619; thence south along said east land lot line a distance of 75 feet to a point on the northern right of way line of Seaboard Coastline Railroad; continuing thence along the right of way line of Seaboard Railroad a distance of 276 feet to the point of beginning. Also. all that tract or parcel of land lying and being in Land Lot 620 of the 17th District. 2nd Section. Cobb County, known as 4585 Camp Highland Road. being more particularly described as follows: Beginning point is side of measured degrees at a point on the southeast side of Camp Highland Road which said located 896 feet northeasterly from the intersection of the southeast said Camp Highland Road with the south line of Land Lot 620. as along the southeast side of said Camp Highland Road; thence south 31 09 minutes east for a distance of 278 feet to a point and corner; April 20. 1987 - continued thence in a northwesterly direction for a distance of 175 feet to a point on the east side of an unnamed street. sometimes referred to as Lake Drive; thence in a pOrtherly and northwesterly direction following the curvature of the easterlY side of said unnamed street for a distance of 165 feet to the southeast side of Camp Highland Road and the point of beginning. Also. all that tra~t or parcel of land lying and being in Land Lots 606. 619 and 620 of the 17th District, 2nd Section. Cobb County, Georgia. known as Camp Highland Road, being more particularly described as follows: Beginning at the centerline of Camp Highland Road where it intersects with Gaylor Street. said P~operty being a strip of roadway 60 feet in width. lying 30 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Camp Highland Road a distance of 1.146 feet to the intersection o:f)C:?1J1.P Highland Road and the north right of way line of the Seaboard Coast Line Railroad. WHEREFORE, THE UNPER~+G~~ HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FORiANNEX,ATION TO THE CITY OF SMYRNA. Witness the signatur~ of 60% of the electors resident in the area described below: s/JAMES D. cQG~. LOIS W. COCHRAN.MARY JOSEPHINE MULKEY HARRIS. JAMES V. HARRIS. CAROL SC;OTT. PRESTON SCOTT. EARL MYERS. MRS. EARL MYERS, JOHN A. FOSTER Witness the signatuJ:;"eqfithe record title holders of the fee simple title, or his legal representative. .of 60% of the land area above described by acreage: s/JAMES D. COC~. LOIS W. COCHRAN. MARY JOSEPHINE M. HARRIS. CAROL SCOTT, PRESTON SCOTT, EARL MYERS, CAROLYN WESTBROOK Hugh Ragan made motion the signatures be validated and the public hearing date set for May 18, 1987. Jerry Mills seconded the motion which carried 7-0. BID AWARDS: (A) Roof for Jonquil Pool building John Patterson said that 6 bids were received for the re-roofing of the Jonquil Pool buildipg and recommended the low bid be awarded. Kathy Brooks made a motion the low bid of $2,276 be awarded to Clark Improvements with the stipulation that they have a city business license. Bob Davis seconded the motion which carried 7-0. (B) Glass for King Springs Park bath house. John Patterson said the existing plastic material being used in the window area of King Springs Pool building has become unsightly and is hard to see in or out of. Bids Were recently requested from 3 vendors but only one bid was received. Kathy Brooks made a motion the bid from Harrison Glass Company at $627 be awarded. Hugh Ragan seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: None to report. CONSENT AGENDA: (A) Approval of $650 to repair Police Department Mustang. Mayor Bacon stated that the elimination of two part-time positions in the Library was removed from the consent agenda earlier tonight. Jerry Mills made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT: Joel Harrell said that Phase II of the sewer rehab work is still underway. The Sherwood Road line is about 80% complete and they have been delayed due problems with a couple of easements. At 2:00 tomorrow. bids for Phase III of the rehab will be opened. Jack Shinall said his committee is looking at an ordinance to control the size of accessory buildings. Jack also asked John Patterson to work with the permit departlllent and establisJ:1p,!:,ocedures for building permits previously issued and not renew them until inspections are conducted. April 20, 1987 - continued Kathy Brooks construct the thanked Charles Cook for the donation of his time and energy to new concession stand and press box at Brinkley Park. Hugh Ragan said the appeal we heard tonight is not the type of thing council looked forward to but wanted Smyrna to be clean and thought our residents were entitled to a clean place to live. Hugh Ragan said the wigwag light was Deerwood Parkway and hoped that would everyone to drive with caution. installed today on Concord Road at help the traffic problem and urged With no further business. meeting adjourned at 8:55 p.m. --A A. MAX BACON. MAYOR HUG 7