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October 6/9/20 ,1986 Council Meeting October 6. 1986 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter October 6. 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer A. Max Bacon. All council members were present. Also present was City Attorney Charles E. Camp. City Administrator John Patterson. City Clerk Willouise Spivey. Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Doyle Galloway from Harvest Baptist Church. followed by the pledge to the flag. INPUT: Mayor Bacon recognized Billy Ray Blocker. candidate for Board Post 4. Jim Hawkins read a proclamation for "Library Month" in November in recognition of the library's 50th anniversary and presented it to Librarian Doris Morris. Hugh Ragan read a proclamation for "Epilepsy Recognition Month" in November and presented it to Melissa Griffin who is the State poster child ror the Epilepsy Foundation. DEPARTMENT Commission. REPORTS: Reports were given rrom Parks and Recreation and Library. Public Works. Clean Cities PUBLIC HEARINGS: (A) Variance request to increase size or sign for 7-11 on Spring Road Bob Davis said he had met with representatives or the Southland Corporation since the last meeting and they have agreed on signs ror this location and the store on Old Concord Road which will not require variances. (B) Variance request to increase size or sign ror 7-11 on Old Concord Road. No action taken since variance is no longer required. (C) Variance request to reduce front yard setback at 830 McLinden Avenue John Patterson said that Venson Abercrombie had requested this variance to construct a 10 x 20 porch across the front or his house at 830 McLinden Avenue which will extend approximately 9 reet into the minimum rront setback or 40 feet. There was no opposition. Mr. Abercrombie said the porch would be attached to his house by the roof but open to the sides and not screened in. His next door neighbor also has a porch addition to his ppears to extend even further into the setback. Jim Hawkins said received no calls or complaints since the sign was posted and made a motion the 9 foot variance be granted. Jack Shinall seconded the motion which carried 7-0. (D) Liquor pouring license request for La Paloma Mexican Restaurant at 1005 Cherokee Road. John Patterson said that Mr. Luis A. Salinas was owner or the La Paloma Mexican Restaurant which was granted a beer and wine pouring license several months ago. Mr. Salinas has now requested a liquor pouring license. The police investigation revealed nothing that would bar the applicant from obtaining the license. There was no opposition. Mr. Salinas said they currently serve beer. wine and a wine-based Margarita which they felt would be sufficient when they rirst opened, but many or their customers are requesting stronger drinks with their meals. Mr. Salinas said they have had no problems and drinks are served with meals only since they do not have a lounge area. With little discussion Kathy Brooks made a motion the license be granted. Jim Hawkins seconded the motion which carried 7-0. (E) Beer and wine pouring license request for Jade Villa Chinese Restaurant, 3240 South Cobb Drive. Mr. Wing San Chung had requested a beer and wine location at the Crossings Shopping Center. This the last meeting due to an apparent lack or by council that Mr. Chung did not understand our investigation was round to be in order and there John Patterson said that pouring license ror this request was tabled at communication and concerns city code. The background was no opposition. October 6. 1986 - continued Jack Shinall said the Alcoholic Beverage Committee met with Mr. Chul1,g.a:nd at that time he stated he did not undE!.rstand some or the questions being asked at the meeting; he has problE!.ms when you speak rast or a.ska lot of questions at once. At the committee meeting he fully demonstratE!.d that he understood the ordinance and knows what he needs to do in the sale of alcoholic beverages. Jim Eawkins asked Mr. Chung sevE!.ral questions about the ordinance and apologized if they confused him at the last meeting. Jim said the othE!.r parts of the application had been covE!.red and now that they were satisfied that he doesundE!.rstand the ordinances of the city and state. made amotion the application be granted. Jack Shinall seconded the motion which carried 6-1 with EughRagan opposed. FORMAL BUSINESS: (A) Ordinance amendment to allow alcoholic beverage sales on election days. John Patterson said that several YE!.ars ago. the State code was~ended to allow alcoholic beverage sales On Special and Local election days and the city ordinance was amended to allow its mE!.rchants to sellon these days. In 1985. HB 247 was passed which allow~ cities and counties to pass local legislation and allow the sale or alcoholic beverages on all election days. Several merchants have requested council action to allow them to sellon all election days, as Cobb County does. Jack Shinall paragraph (a) following: read of the proposed Section 3-68 amendment to the ordinance by deleting sub- in its entirety and replacing with the (a) Wine and/or malt beverage retail businesses shall be entitled to operate between the hours of 8:00 a.m. 2:00 a.m. Monday through Fpi4ay. and SaturdaY 8:00 a.m. through 2:55 on Sunday. No sale shall be made between the hours of 3:00 a.m. Sunday and 8:00 a.m. on Monday or on Christmas Day. Establishments issued Sunday salE!.s permits shall be authorized to open on Sundays he tween the hours of 12:30 p.m. to 12:00 a.m., except when such Sunday is Christmas. Sales on all election days shall be as designated by the Official Code of Georgia Annotated. This section shall apply to private clubs as well. Also, that Section 3-67 be amended by deleting sub-paragraphs (d) and (e) in their entipety and replacing with the rollowing: holidays. Except as provided, no shall permit his place or business to of alcoholic on Sundays and Christmas Day. Sunday sales pe.rmits shall be authorized to open on Sunday is Christmas. during the hours of 12:30 p.m. provided in Section 3-68 herein. (e) Election Days. The sale of permitted election days, as the Georgia Annotated Section 3-3-20. alcoholic beverages in the City shall be same are defined in the Official Code of Jim said he did not particularly like the amendments. just not Sunday sales of alcoholic beverages. but did not fE!.E!.l to our merchants to make them close on election days when the in Marietta and Cobb County are open and would probably support that reason. Jack Shinall made a motion theorq..inance amendments be approved. Bob Davis seconded the motion which carried 6-1, with Jerry Mills opposed. (B) Approval to request bids for new PBX system. John Patterson said the City's DimE!.nsion telephone system was in,staJ.,led in 1979 and now cannot handle the capacity of calls generated on a basis. Mr. Patterson said he would to proceed in requesting bids fop new PBX system that will enable us to calls. more erriciently to assist us and the citizens who do business City. Hugh Brooks a motion bids be Pequested for a new telephone system. Kathy the motion which carried 7-0. October 6. 1986 - continued (c) Appointment to Parks and Recreation Commission - Ward 4. Jim Eawkins made a motion tht Deborah Clayton be reappointed to the Parks and Recreation Commission representing Ward 4. Kathy Brooks seconded the motion which carried 7-0. Joel Harrell made a motion the rules be suspended ror the appointment or his representative. Jim Hawkins seconded the motion which carried 7-0. Joel Harrell made a motion that Charles Cook be reappointed to the Parks and Recreation Commission representing Ward 2. Bob Davis seconded the motion which carried 7-0. (D) Presentation of Audit. John Patterson said that the firm or Arthur Young had conducted the audit for the City of Smyrna's fiscal year ending June 30. 1986 and Wade Mitchell from that rirm was here tonight to present the results of the audit. Mr. Mitchell expressed his appreciation to John Patterson and Merle Starr ror their assistance and also to Terri Betts and Steve McBrayer from their rirm. The audit was performed in conrormance with generally accepted auditing standards established by the American Institute of CPA's and was also in compliance with the S e Audit Act of 1984. An unqualified opinion was rendered on the Genera d. Special Revenue Fund and General Long Term Debt account group. The unqualified opinion is basically the highest form or assurance that a CPA can render on a rinancial statement. A qualiried opinion was rendered on the rinancial statements of the Water and Sewer Fund dealing with the absence of adequate rixed asset records in that fund. They also disclaimed an opinion on the General Fixed Asset account group due to absence of detail in the rixed asset records. There were also some prior period adj ts which are detailed in the footnotes to the financial statement. Mr. hell said City of Smyrna is in an especially strong financial position for a city is size with the General Fund having a $6.1 million unre undesignated fund balance and the Water and Sewer fund having a $3.9 unreserved. undesignated fund balance. BID AWARDS: (A) Copier for City Hall. John Patterson said our copier is in pretty bad mechanical shape and obsolete in some of its reat and would require a great deal of expense to get it into good condition. were requested recently and demonstrations were given at City Hall on some of the machines. Bids were received from three vendors but the low bid rrom Pitney-Bowes did not meet specirications. Upon the recommendation of John Patterson. Hugh Ragan made a motion the bid be awarded to Toshiba for $7.523. Kathy Brooks seconded the motion which carried 7-0. (B) Fence at King Springs Park. John Patterson stated a fence is needed around the new storage building at King Springs Park to protect the equipment in that area. Bids were received from two companies with the low bid at $2.018.82. Kathy Brooks made a motion the low bid be awarded to Lecroy Fence Company. Joel Harrell seconded the motion which carried 7-0. (C) Feasibility study ror library expansion. John Patterson said patrons. the library needs for the next Bids were sent to four that due to lack or space to provide services to our requested bids on a reasibility study to determine our 20 years concerning remodeling. expansion. parking. etc. consulting firms. with two responding. Hugh Ragan stated that Senator Jim Tolleson last year presented a check for $10.000 from the Governors Emergency Fund for the library and we held ofr on requesting proposals until we could get a better price. Upon the recommendation of John Patterson. Hugh Ragan made a motion the feasibility study be awarded to Hoyt R. Galvin. the low bidder at $3.650. Joel Harrell seconded the moiton which carried 7-0. October 6~ 1986 - continued COMMERCIAL BUILDING PERMITS: (A) J. H. Gordon Corp. request~d <lJ:;.uilding permit for new for Harold Wolfe Company on Old Concord Road behind West Building at a total estimated cost of $338,000. Jack Shinall made a motion be apprOVE!.g ;!Subject to approval of. the Inspections Department. Fire M<.l.:J::"shal and City Engineer. Kathy Brooks second~d the motion. During discussion it was brought out that the application was incomplete and the type of use for the building was not spE!.cified. Jack Shinall said he would like ror council to adopt <l policy that building permits be approved by the Insp~ctions Department. Fire Marshal and City EnginE!.E!.r prior to coming bE!.rore cou:ncil. The Mayor and other council members agreed that it would be a good idea and John PattE!.rson said ir thE!.re were any strong reasons why they should not <.l.dogt such a policy he would discuss it with them Thursday night. Jack Shinall then made a motion this p~rmit be tabled to the next meeting. Jerry Mills seconded the motion which carried 7-0. (B) Carl Stephens requested a building permit for new construction of a Western Steer FamilY Steak HousE!. on Concord Road at a total estimatE!.d.(:ost of $400.000. .Jim E<lwkins made a motiOn thE!.. permit be approved subject toa.pproval of thE!. :rnspections Department. Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. (c) Cochran Properties rE!.quested. building permit for constructior:lof a new shoppi:ng center on Spring Road at total estimated cost of $1.8 million. Bob Davis made a motion the permit be approved subject to apP:rovalof the Inspection:;; Department. Fire Marshal and City Engineer. Hugh Ragan seconded the motion which carried 6-1. with Joel Harrell opposed. madE!. a motion thE!. Shinall seconded SE!.ptember 1. 8 and 15 be approved as which carried 7-0. COUNCIL INPUT: Bob Davis stated that October 5-11 is Fire Prevention Week. Joel Harrell stated the water restrictions have now been lirted and thanked everyone ror complying with the restricted use. but also to still USE!. caution with their outside water use. Joel said he hoped to have a report on PhasE!. II of the sewer rehab work next meE!.ting. Jim said bids would and they hopE!. to be opE!.r:led October 13th for have the building finished by room or the year. John P<ltterson t:ohave Mike Hutchinson prepa.J:'E!.a..:r~port ror to determine the fE!.asibility or a trarfic light at the Lamar intersection. This is a dangerous intersection now and will worsen with construction of the new steak house and shopping center. Kathy Brooks said the first annual employee's picnic was hE!.ld 4th at King Springs Park. There was a good turnout and E!.veryone enjoyed the day. Hugh Ra.g",nsaid he and his family E!.njoyed the picnic very much. Hugh Ragan said our city is obviously in good financial condit:i,.o:n qa.:;;~.d upon the presE!.ntation heard tonight by Arthur Young & Company but emphasi?,;e.dthat a city does not get in good financial condition overnight or in tl1e<.;:ourse of the year. A lot of credit goes to Willouise Spivey because she has done an excellent job. With no further business, meeting adjourned at 8:45 p.m. ******************** October 9. 1986 A special called meeting of Mayor and Council was held October 9, 1986 at Smyrna City Hall. The meeting was callE!.d to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except ror Jack Shinall. Joel Harrell and Hugh Ragan. Also present was City Administrator John Patterson. City Attorney Charles E. Camp and Assistant City Clerk Melinda Dameron. Mayor Bacon purpose or the meeting was to approve a building permit for Harold Wo y for new construction on Old Concord Road, behind West Lumber Company which was tabled at the last meeting. At that time there was some discussion about what was being built on the site since their application was incomplete. Since that time Jack Shinall has met with representatives of the company and has no problem with the permit being issued. Jerry Mills made a motion the permit be approved subject to any semi-trucks being routed to South Cobb Drive via Old Concord Road and Jones Shaw Road. Jim Hawkins seconded the motion which carried 4-0. With no further business. meeting adjourned at 7:35 p.m. ******************** October 20, 1986 The regular scheduled meeting or Mayor and Council was held October 20. 1986 at Smyrna City Eall. 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 AttornE!.Y Charles E. Camp, City Clerk Willouise Spivey. City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representatives or the press. Invocation was given by Father James McGlone. pastor or St. Thomas Catholic Church. followed by the pledge to the flag. CITIZENS INPUT: Tom O'Connor. a resident of 120 Concord Road said there was a very bad accident at the intersection of Concord and Deerwood Parkway. about 100 y from his home on Sunday. Mr. O'Connor said he has never seen Concord Road ad uately patrolled and when he calls the police department about speeding cars. is told that without the tag numbers or the vehicles there is nothing they can do. O'Connor said the road needs to be patrolled rrequE!.ntly to slow ic. Hugh Ragan said he talked to Mr. O'Connor yesterday and has since spoken to John Patterson about various alternatives but the most immediate solution is to ask for the police department's help in ~lowing traffic in that area. Mayor Bacon recognized Johnny Gresham. candidate for the State House of Representatives to fill the seat vacated by Frank Johnson. DEPARTMENT REPORTS: Management. Finance and were given from Fire. Development departments. Police. Emergency PUBLIC HEARINGS: (A) Rezoning request ror 4.02 acres in Land Lots 413 and 414 - South Cobb Drive at Concord Road from RM-12 to General Commercial. John Patterson property which property will development of said that Robert W. James was requesting the rezoning or this is owned and being used ror storage by McArthur Concrete. This be combined with approximately 10 additional acres for a 115,000 square root shopping center. There was no opposition. Mr. James and Mike Savage, developer. presented a rendering or the proposed shopping center. There are two out lots on South which will be reserved for later development, but the existing bui (Sterchi's Furniture and Super Foods) will probably be graded to pro better visibility ror the shopping center. There will be two entrances; one at Lusk Drive off Concord Road and the other rrom South Cobb Drive between the two out lots. The property is surrounded by General Commercial with the exception of the Concord Garden Apartments to the rear. October 20, 1986 - continued Mr. to the be variance would pE!.required on the rear setback line\g.djacent as well as a variance on required parking spaces which will later meeting. There was some concern expre$sed py the Mayor and some membersQ.f> council about the intersection at Concord and Lusk Drive which is alreadY heavily Mr. Savage said he planped to put an acceleration/dece1erg.tion 1ane on Mayor Bacon aSk;ed/ifthere was some way they could limit Lusk Drive an entrance only to the shopping center. Mr. Savage said he would prerE!.r able to work with Rob Berry, owner of the newly deve10p~dConcord Corners Shopping Center to see ir thE!.re is a way to 1ine up their driveways and provide easier access for both shopping centers. After rurther discussion Jim Hawk ips made a motion the zoning be approved due to the that the property i.!;i:.!;i:urrounded by General Commercialiand 10 or the 14 acres is already zoned General Commercial, with the stipul~tion that the devE!.loper bear the cost of inst:alling an acceleration/decelE!.ration lane on Concord Road at the entrance or what is known now as Lusk Drive. Jerry Mills seconded the motion. Joe1 Harrell said the trarfic situation in that area wou1d present quite a lot or problems and could not support the motion. Vote on the motion to approve the rezoning carried 5-2, with Hugh Ragan and Joe1 Harrell opposed. (B) Street closing - unimproved and unopened portion or Lusk Drive. John Patterson said that Robert W. James has requested the conVE!.yance of rormer easement or right of way know:n as Lusk Drive. The City has, for quite some time. maintained a 40 footxight of way ca11ed Lusk Drive rrom Concord Road to the gate and entrance of McArthur Concrete Products. Several weeks ago while conducting a title search or their property, it was found that Lusk Drive is shown on the recorded plat in Plat Book 15, page 21 as a private easement extending into the property owned by McArthur Concrete although it has been improved or maintained by the City. Mr. James is rE!.questing that City quit claim all of its right title and interest as to WhE!.re Lusk Drive might appear in the above referenced plat book. Signs have been posted at the end or the improved portion or the street and notices were placed in the newspaper ror the 1ast 2 weeks. There was no opposition rrom the audience and Jim Hawkins made a motion the conveyance deed be approved as requested. Jerry Mills seconded the motion which carried 7~0. (C) Annexation of 9 parcels on Oak DrivE!./Oakdale Road There was no opposition rrom the audiE!.nce and Hugh Ragan parce1s on Oak PrivelOakdale Road bE!. .annexed into the City Ward 7, the.legal description haVing been read and made a part of the September 15. 1986 meeting. Jack Shinall seconded the carried 7-0. (D) Annexation of 3.709 acres Road. in Land Lots 333 and 334, West Cooper Lake John acres in audience Gunn. said that R. B. Gunn had requested the 3.709 Land Lot 334 on West Cooper Lake Drive. There was one person in the in opposition who was sworn in with David Adams. repreSenting Mr. Mr. legal Adams said owner. Mr. Gunn no 10ngE!.r owns the property and that he now the Mr. Kafka of 4085 West Cooper Lake Drive said the rezoning of thE!. property and there also misunde:t"standing as to whether or not the property was R-30 north and east is zonedR-30.andMr.Kafka said the also showed that it was R-30. John Patterson was is all the property that is contiguous to it. there is Hickory Mi1l Subdivision. The architE!.ct was in error p1at and has since been corrected. Hugh Ragan then made a annexation be approved to become a part of Ward 7. the legal been read and madE!. a part of the minutes or the september " Bob Davis seconded the motion which carried 7-0. October 20. 1986 - continued L Rezon Drive request ror 3.85 acres in Land Lots 333 and 334 - West Cooper R-20 to R-15. John Patterson said that Mr. Adams has proposed an 8 lot subdivision ofr West Cooper Lake Road. combining the 3.709 acres that was just annexed with some additional property. The Planning and Zoning Board recommended the property remain R-20. Surrounding property is all zoned R-20. There were several in opposition and representatives from each side were sworn in by Mr. Camp. Mr. Adams said he wanted to put an 8 lot subdivision on the property. This is a very narrow piece of land and he could not buy any additional property from Mr. Gunn for his development. The minimum lot size will be 17.000 square reet and only one or those; the remaining 7 lots will go up to almost 21,000 square reet. There will be no cedar siding and they will be compatible with homes in the area. Mr. Adams said he would develop the lots but would not do the building and has one buil that wants to buy all the lots. Mr. Adams said he would screen the pI e any construction starts; all utilities will be underground, uniform g. curbing and gutters to be approved by the city engineer. Price has to be determined. but they will probably sell for $145.000 and up. Mr. Kafka said they have several concerns about the zoning. At the time of purchasE!.. the owner of the land could have provided access to No. Cooper Lake Road which would be a much better plan. The two houses at the entrance are facing homes on adjacent corner lots which are much larger. Mr. Karka said this was going to be one or the most dangerous streets in Smyrna; on the crest of a hill and blind curve. Wit Carson also spoke in opposition and said it was the blind curve they were concerned with; it has a lot or trafric from people going to and from the Smyrna Swim and Tennis b that don't live in the neighborhood. Mr. Gunn does have other property t t is contiguous to No. Cooper Lake Road and they would like to see the access there. instead of from West Cooper Lake Drive. Hugh about have a wig Ragan told Mr. Adams there was quite a bit of concern expressed the safety at the entrance to the development and said he would our engineering department study the intersection and ir needed. wag light there. Mr. Adams said he was not in opposition to that. tonight like to install Hugh Ragan said the quality development. res s in the area d zoning e approved from general consensus seems to be that if this will be a to or better than the existing homes. most of the have any major problems. Hugh made a motion the R-20 to R-15 with the following stipulations: 1) Maximum of 8 lots. each lot consisting of a minimum of 17.000 square feet. 2) Each house have a minimum of 2.000 square feet or heated rloor space. which will exclude garages. basements. etc. 3) 8 unit development to average at least 2.200 square feet per unit or heated floor space. 4) All homes in the homes. homes built the neighbo of similar style. design and construction as existing d and that no cedar siding be used on the exterior of 5) All utilities be underground. 6) Street lights to be provided by developer and that they be uniform and consistent with those in existing neighborhood. 7) Natural bufrer of at least 15 feet be lert on the border that borders the current Cooper Lake Hills Subdivision. 8) Curbing and guttering be approved by the City engineering department before installation to be sure it will handle all storm water runoff. 9) Trarric study be done to determine whether trarfic signalization is needed at the intersection of the two streets. and ir needed that a wig wag light be installed at the expense of the developer. October 20~ 1986 - continued lO) Any other covenant agreement that was a part of the originalCoqpl?r Lake Hills Subdivision but not covered above be adopted and abided by as a condition of this rezoning. Shawn Cochran asked to speak and was sworn in by Mr. Camp. Mr. Coghran said after hE!.aring the information presented tonight. would like to withdraw his support ror R-15. Jerry seconded the motion to approve the zoning. Jim Hawkins said this appeared to be a case of spot zoning since all surrounding property was zoned R-20 and would not support the.lUotion. Vote on the motion carried 4-3. with Bob Davis.. Jim Hawkins and Kathy Brooks opposed. FORMAL BUSINESS: (A) AmE!.ndment to speed zone ordinance. John said that to anlE!.nd that have Patterson read the it was neSl?s.~a:r-Y to amend our speed ZOnE!. the StatE!.\lii1l-al-low us to use radar O:n' It the ordinance to include streets that have had the speed. limit raised to be surficient amendment as rollows: or John That sE!.gmE!.nt of road on EigplaIlds Parkway beginning atSouthOobb Drive (S .R. 280) west to the dead end a distance of 1. 7 miles to be speed zoned for 35 miles per hour. That southwest zoned segment of road on King Springs Road beginning at to South Cobb Drive (S.R. 280) a distance of .5 miles 35 miles per hour. Drive speed segment of road on Old CO:ncord Road beginning Hi <:;:k;ory Pat Mell Road a distance of 1.3 miles to be speed zoned ror Drive miles That segIDentpf road on Pat Me.1-IRoad beginning at South Cobb DrivE!. (S.R. 280) east to Atlanta Road (ST3) a distance of 1.0 miles to be spE!.ed zO:ned for 35 miles per hO~r. Road mi les segment of road on Cobb Drive (S.R. 280) Interstate 285 a distance of 2.2 miles to be That That segment of road on Concord Road beginning at to Deerwood Parkway a distance of .4 miles to be speed hour. west per Jim Ea\lik;ins made a motion the spE!.E!.d zone ordinance be approved. secondE!.d the motion which carried 7-0. Brooks (B) Reduction of residential speed limits. John Patterson said there have been regarding the maximum safe speE!.d in that 30 miles per hour is .theposted urban and limit. Their suggestion was that 25 miles per hour be limit in urban and residential districts unless otherwise or Smyrna. speed speed City FollowiI1g 25 miles districts which disc~ssion. H~gh RagaIlm<ide a motion our per hour be established as the speed limit unless otherwise posted in the City. Jim 7-0. (C) Confirmation of Unity Construction Company contract. John Patterson said Construction Company that all pending and that on SE!.Ptember 15th. to construct the Sherwood easements be Secured by October 18th. we need to have that time frame extended. Joel Harrell said we had hoped to get this sewer line in before the end of the October 20. 1986 - continued year and made a motion that council ratify and arfirm the contract with Unity Construction for the sewer construction and authorize commencement of the work while the necessary easements are being acquired. Bob Davis seconded the motion which carried 7-0. BID AWARDS: (A) Resurracing or Lake Court and King Springs Tennis Courts. John Patterson said that bids were secured rrom three contractors for this resurfacing work and recommended the low bid of $6.920 be awarded to Premiere Coating. Kathy Brooks made a motion the bid be awarded. to be paid from the Parks Facilities Capital Account. Jerry Mills seconded the motion which carried 7-0. (B) Restaining exterior of Church Street Center. John Patterson said that three bids were secured for the restaining of the Church Street Center and recommended the bid be awarded to Bennett & Sons for $2.500. Kathy Brooks made a motion the bid be awarded to be paid rrom the Recreation Facilities Repairs and Maintenance account. Jerry Mills seconded the motion which carried 7-0. (C) Service vehicle for Fire Department. John Patterson said the existing unit is a 1970 model and is inadeqauate for transporting needed equipment and its condition is sub-standard for use as an emergency vE!.hicle. Bids were received rrom three vendors. Based upon the recommendation or John Patterson. Bob Davis made a motion the low bid of $14.750 be awarded to Wade Ford ror the chassis. and the low bid of $5.590 be awarded to Interstate Truck & Equipment for the cab. to be paid from the Fire Suppression Capital Account. Jerry Mills seconded the motion which carried 7- O. (D) Renovation or City Hall Annex building. John Pat son said for several months we have been working on designs for the new courtroom to be located in the annex building. Recently we went out ror bids have received three. They were very close and Mr. Patterson reco the contract be awarded to the low bidder, Advance Builders. Inc. at $147.000 with runds coming from the Council Contingency & Capital Improvements fund with hopes or having construction completed berore the end or the year. Jim Hawkins made a motion the low bid be awarded to Advance Builders at $147,000. Joel Harrell seconded the motion which carried 7-0. (E) South Cobb Street Lighting. John Patterson said that many months ago. the Smyrna Business Association proposed the lighting of South Cobb Drive from Pat Mell to Ridge Road. Georgia Power now has a specific design for the lighting which has gained approval of council. The total cost is expected to be $174,200. Georgia Power has provided a no interest financing with a $41,000 initial payment and three equal annual installments or $33,000. Other funding sources are being sought from the Governor's Discretionary Fund. Georgia DOT, Cobb County and the Cobb Industrial Development Commission. The Smyrna Business Association has agreed to pay $10 toward the total project cost. The lighting should increase commerce and ve safety along South Cobb. Hugh Ragan said he would like to delay this project until we get some commitments from other funding sources. Mayor Bacon said he had already met with Earl Smith and have submitted a request for help from the Governor's Contingency rund. with a firm commitment or $10,000 from the SBA. Mayor Bacon said he would rather not delay this project because the work needs to be done. This will also be a good time of year to proceed with the work since we will use city crews for some of the landscaping and the winter months is a slack time ror Parks and Recreation. Hugh the made Jack Ragan said ir council was comrortab1e that we would be getting funds from county. state and other sources. he would be in favor of proceeding. and a motion the funds be approved to be paid rrom the Council Contingency. Shinall seconded the motion which carried 7-0. October 20. 1986 - continued COMMERCIAL BUILDING PERMITS: No permits to present to council. CONSENT AGENDA: Nothing to report. COUNCIL INPUT: Department. Kathy Brooks reported on the activities in the Parks Hugh Ragan made a motion the rules be suspended to read an application ror annexation into the City. Jim Hawkins seconded the motion which carried 7-0. Attorney Camp read the application ror annexation of property at 5055 Oakdale Road as follows: We the undersigned. who constitute sixty percent (60%) of the owners of the land area by acreage or the area desc:!:"ibed below. which is unincorporated and contiguous to the City of Smyrna. hereby apply to have said area annexed into the City of Smyrna under the provisions or the Code of Georgia Annotated. Sections 69-904 through 69-912 (Geprgia Laws. Acts 1966. Pages 409.410. 411. 412. 413;1971. 399; 1976. Pages 1011. 1012; said property to be annexed being described as follows. to wit: All that tract or parcel of land lying and being in part of Land Lot 752 of the 17th District. 2nd Section of Cobb County. Georgia. and being more particularly described as follows: BEGINNING at a point marked by an iron pin on the easterly right of way line of Road being 136.80 feet northeasterly rrom the point form$dby the or the southeasterly right of way or Oakdale Road and the right or way of South Cobb Drive; thence running north 29 minutes 10 seconds east along the southeasterly right or way of for a distance of 100.0 feet to an iron pin located at the corner of property now owned by Futrelle; thence running due east along the south line of said Futrelle property. a distance of 140.0 feet to an iron pin; thence running due south a distance of 66.62 feet to an iron pin located on the north line of property now owned by H. M. Rodgers; thence south 86 degrees 56 minutes 00 seconds WE!.st a distance of 4.26 reet to an iron pin; thence rvnning south 3 degrees 4:min1.2tes 00 seconds east along the west line of said RodgE!.rs property a distance. of.. 19. 79 reet to an iron pin; thence south 89 degrees 47 minutes 40 seconds west. a distance of 70.62 reet; thE!.nce south 00 degrees 00 minutE!.s 00 seconds east <16.54 feet to an iron pin; thE!.nce south 89 degrees 29 :minutes 12 seconds west 124.78 feet to an iron pin; thence north 29 dE!.grgE!.s 13 minvtes 10 seconds east 19.09 feet to an iron pin and the point of BEGINNING. AlSO. as an appurtenance. that certain drivewy easement acquired by City IcE!. Delivery Company by instrument dated December 6. 1973, recorded in Deed Book 1485, Page 315. in the of rice of the Clerk of Superior Court of Cobb County. Georgia. and as shown on the aforementioned survey. WHEREFORE. TEE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature or the record title holders of the fee simple title. or his lE!.gal representative. of 60% of the land area above described. by scre.age: s/SOUTHERN FARM BUREAU LIFE INSURANCE CO.. BY BOBBY WATERS. VICE PRESIDENT- FINANCE Hugh date 7-0. Ragan made a motion the signatures be validated and the pubLic hE!.aring set for November l8. 1986. Jim Hawkins seconded the motion which carried he. is attending msny people do not in County just as everyone Cobb County and over 400 in Smyrna. against drugs seminar in Atlanta this rE!.allze it. but we have a real problE!.m here else does. There are 5.000 cocaine users in Mayor request list be sure all bids we award said last week we had a local businessman who was and asked John Patterson to review the bid list local businesses are inclvdE!.d. Also. we need to are to people that have business licenses in the lert and be sure City. bid it to that the With no rurther business. meeting adjourned at 9:43 p.m.