August 4/18 1986 Council Meeting
August 4, 1986
e regular scheduled meeting of Mayor and Council was held
st 4, 1986 at Smyrna City Hall. The meeting was called to
order at 7:30 o'clock p.m. by presiding officer Mayor A. Max
All council members were present. Also present was City
Charles E. Camp, city Administrator John Patterson,
City clerk Melinda Dameron and representatives of the
ey
Assistant
press.
Invocation was given by Reverend York Chambliss, pastor of
Trinity Baptist Church, followed by the pledge to the flag.
Mayor Bacon recognized Senator Jim Tolleson, candidate for re-
election in the August 12th primary.
UT: Mary Stewart Gavant a resident of 5040 Crowe
ined of the blasting being done in Highlands Park and
thought some of the charges were being overloaded. Jack Shinall
said we were in the process of reviewing our ordinance and should
have a report back within the next week.
DEPARTMENT REPORTS: Department reports were given for Public
Works, Clean City Committee, Parks and Recreation Department and
the Library.
John Patterson said
for the sale of his
11. Hugh Ragan
Jim Hawkins. Vote
H Ragan t
as outli
which carried
that J. D. Thompson had accepted the contract
p perty directly across the street from city
a motion the rules be suspended, seconded
on the motion to suspend the rules carried 7-
made a motion council accept the revised
y Mr. Patterson. Joel Harrell seconded the
7-0.
PUBLIC HEARINGS:
(A) Request for liquor, beer and wine pouring license - Mexico
Lindo Mexican Restaurant, South Cobb Drive.
John Patterson said that Mr. John Eugene Merritt has submitted an
on as agent for Mexico Lindo Mexican Restaurant, Inc. to
r, wine liquor. At the last council meeting a show
aring was ith council granting them the opportunity
for the pouring license. A recent survey was conducted
police investigation was favorable. There was no
n from the audience.
itt said he was the Assistant Treasurer or the restaurant
a erstood the city ordinance and that he would be
responsible for any infractions of the law. Mr. Merritt said
they will close at 10:00 p.m. week nights and 10:30 p.m. on
Friday and Saturday and there would be no loitering. This is a
family restaurant and drinks will be served only with meals.
There will be no lounge or dance area and they have no intentions
of creating one in the future. Mr. Merritt said he had another
full time jOb but would be at the restaurant every day and lived
within 6 miles.
Jack Shinall said his main concern was that this be a first class
establishment and from his initial observation seemed satisfied
it was. Jack Shinall made a motion the license be
oved. Bob Davis seconded the motion Which carried 7-0.
(B) Home Occupation License - 2570 Birch street.
Patterson said that Travis C. McGehee had submitted an
ication to do engraving of plastic badges and dangles from
at 2570 Birch Street. Residents in the area have signed
ired petition indicating they have no objections and
no opposition from the audience.
Mr. McGehee said he had a small machine at his home and would do
engraving for different square dancing clubs. All orders are
ed by phone and no public contact will be made at his home.
Kat Brooks made a motion the license be approved. Jerry Mills
seconded the motion which carried 7-0.
August 4, 1986 - continued
(C) Variance
concord Road.
request
yard setback reduction at 1254
John Patterson said that Mr. James Nichols had req'llested a
reduction in the side yard setback from 10 feet to 7 feet for an
office building, which is already under construction. The
foundation was mistakenly laid out and the error found by the
building inspectors.
There was no opposition and Mr. Nichols also owns the adjacent
lot affected by the encroachment. Mr. Nichols said he actually
discovered the error and called the building inspector himself.
Jim Hawkins made a motiont.he variance be approved with a.fine of
$100 assessed, in keeping with our present policy. Hugh Ragan
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex property in Land Lot 752 -
Oakdale Road and South Cobb Drive.
Attorney Camp read the
Jones as follows:
application for
annexation by Opal W.
We undersigned, who constitute sixty percent (6Q%) of the
owners of the land area by acreage of the area des.cribed :i::)elow,
which is unincorporated and contiguous to the City of Smyrna,
hereby apply to have said area annexed into the cit.y 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 anCl being in Land Lot 752
of the 17th District, 2nd Section, Cobb County, Georgia, and
being more particularly described as follows:
BEGINNING at a point where the wlastern side of Oals-gale ~oad
intersects the eastern side of South Cobb Drive; running thence
northeasterly 400 feet along the west.ern side of Oakdale Road t.o
a point; thence running 180 feet northwesterly to a point.; thence
running 90 feet northeasterly to a point; thlance running 50 feet
northwlasterly to a point; thlance running northerly 220 feet to a
point; thence running northwesterly 100 feet to a thlance
running westerly along the land lot line dividing 752
and 751, 170 feet to th~.eastern boundary of South Drive;
running thence southerly along the eastern boundary Cobb
Drive 800 feet to the point of beginning.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR
AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION
SMYRNA.
Witness the signature of the record title holders
simple title, or his legal representative, of 60%
area above described by acreage: s!OPAL W. JONES
Hugh ~agan made a motion the signature be validated and the
pUblic hearing date set for September 2, 1986. Jack Shinall
seconded the motion which carried 7-0.
the fee
land
(B) Adoption of Bond Resolution authorizing Series 1986 Revenue
Bonds.
Attorney Camp said this resolution would allow the issuance of
revenue bonds for implement.ation of the sewer reha:i::)i.;I.i..tai::::l,on.
Hugh Ragan made a motion the resolution be adopted as prlasented
tonight and attached to the minutes. Kathy Brooks seconded the
motion which carried 7-0.
(C) Validation of signatures to annex 2.1 acres in
on Concord Road.
381
Attorney Camp read an apPlication for annexation signed by Bart
Cannon and Archie L. Ransbotham as follows:
August 4, 1986 - continued
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 381
the 17th District, 2nd Section, Cobb County, Georgia and being
e particularly described as follows:
BEGINNING at an iron pin on the south right of way of Concord
Road located 1102.2 feet from the intersection of the west right
of way of South Cobb Drive and the south right of way of Concord
Road, as measured on the south right of way of Concord Road;
thence south 28 degrees 21 minutes east a distance of 205.68 feet
to an iron pin found; thence south 19 degrees 38 minutes east
108.39 feet to an iron pin set; thence south 1 degree 7 minutes
east a distance 39.33 feet to an iron pin found on the northerly
right of way of Smyrna Hill Drive; thence westerly along the
northerly right of way of smyrna Hill Drive 213.2 feet to an iron
pin; thence north 30 degrees 26 minutes west 182 feet to an iron
pin; thence northerly 147.35 feet to an iron pin on the
southeasterly right of way of Concord Road; thence north 54
degrees 14 minutes east along the southeasterly right of way of
Concord Road a distance of 230 feet to an iron pin at 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 descr by acreage: s/BART CANNON BY CONNIE CANNON,
SECRETARY/TREASURE AND ARCHIE L. RANSBOTHAM
Jim Hawkins made a motion the signatures be validated and he
public hearing date set for september 2, 1986. Jerry Mills
seconded the motion which carried 7-0.
BID AWARDS:
(A) Annual inspecton/lubrication of outdoor warning sirens
John Patterson said that each year the outdoor warning sirens are
inspected and lubricated to insure proper continued operation in
an emergency situation. Six local contractors were contacted to
bid with the only response being from Ask-Kay Electric. Upon the
recommendation of John Patterson, Bob Davis made a motion the
ins ion be awarded to Ask-Kay Electric in the amount of
$1,2 Joel Harrell seconded the motion which carried 7-0.
(B) Outdoor warning siren installation.
John Patterson said that two new outdoor warning sirens are
SCheduled for shipment by mid-August and six local contractors
were contacted to bid. only one, Ask-Kay Electric, expressed an
interested in the installation. Upon the recommendation of John
Pat on, Bob Davis made a motion the installation be awarded to
Ask lectric for a total of $4,280. Jack Shinall seconded
the mot~on which carried 7-0.
modifications for the E9ll emergency telephone
John Patterson said the E911 cutover is scheduled for March 1st
and it is necessary for us to run some conduit and make a few
other modifications to allow installation. These modifications
must be ready before installation begins August 16th and for that
reason, only one contractor was approached for a price. Upon the
recommendation of John Patterson, Bob Davis made a motion the
contract for modifications be awarded to Ask-Kay Electric in the
amount of $2,433.28. Hugh Ragan seconded the motion which
carried 7-0.
->-P'->..p
August 4, 1986 - continued
COMMERCIAL BUILDING PERMITS:
(A) Properties req'Ula:;;ted a building permit for the second
phase Ark Mini Warehouses at 2330 Old Concord Road at a total
estimated cost of $429,000. Kathy Brooks made a motion the
permit be approved subject to approval of the In$pections
Department, Fire Marshal and City Engineer. Hugh Ragan seconded
the motion Which carried 7-0.
(B) Magna Construction requested a building permit for a
shopping center at the 3875 south Cobb Drive at a total estimated
cost of $540,000. Joel Harrell made a motion the permit be
approved conditional upon the contractor meeting the stipulations
set forth when the property was rezoned December 2,1985, and
also s'llpject to approval of the Inspections Department, Fire
Marshal and City Engineer. Jim Hawkins seconded the motion which
carried 7-0.
(C) steele Construction requested a grading permit for Hell
Graphics at 5400 Highlands Parkway. Hugh Ragan made a motion the
permit be approved subject to approval of the City Engineer,
Inspections Department and Fire Marshal. Kathy Brooks. seconded
the motion which carried 7-0.
CONSENT AGENDA: Mayor Bacon said the July minutes were not ready
and would be on the agenda for approval at the next meeting.
COUNCIL
hold up
easement
week.
INPUT: Bob Davis asked Jim Belk what was cau:;;ing the
on the sewer line at Highland Drive. Jim said the last
was just obtained and they hope to be able to start this
Joel Harrell reminded everyone that we are still restricting
water use and asked for cooperation in using the odd/even outdoor
water system.
Jim Hawkins commended the.Mayor and John Patterson for the land
acquisiton around City Hall. Jim said he hoped we could continue
to clean up the old part of Smyrna.
Kathy Brooks commended the Parks and Recreation for the
outstanding job they did with the Colt League tournament at Ward
Park.
Hugh Ragan reminded everyone of the election on August 12th and
urged everyone to vote.
With no further business, meeting adjourned at 8:45 p.m.
************************
August 18, 1986
The regular scheduled m.eeting of Mayor and Council was held
August 18, 1986 at Smyrna City Hall. The meeting was called to
order at 7:30 o'clock p.m. by presiding officer~ayor A. Max
Bacon. All council memblarswere present. Also pre.sent~as City
Attorney Charles E. Cam.P, City Clerk Willouise SpiV-laY, City
Administrator John Patte.l:'"son, Assistant City Clerk Melinda
Dameron and representatives of the press.
Invocation was given by Reverend Michael T. Carey from Calvary
Presbyterian Church, followed by the pledge to the flag.
Mayor Bacon recognized Eastern District Commissioner candidate
Wit Carson and reminded everyone to vote in the runoff election
in slaptember.
DEPARTMENT
Emergency
Departments.
REPORTS: Reports were
Management, Finance
given from the Fir~, Police,
and Community Development
3$
August 18, 1986 - continued
PUBLIC HEARINGS:
(A) Annexation of 1.3 acres at 2580 Old Roswell Road.
There was no opposition and Jerry Mills made a motion that 1.3
acres at 2580 Old Roswell Road in Land Lots 561 and 592 be
annexed into the city to become a part of Ward 3, the legal
description having been read and made a part of the minutes of
the July 7, 1986 meeting. Jim Hawkins seconded the motion which
carried 7-0.
(B) Rezoning of 1.3 acres at 2580 old Roswell Road from R-20 to
RD.
John Patterson said that Mr. Bill Davis of Northwest Corridor
properties is req rezoning of this parcel for construction
of four duplex The Planning and Zoning Board had
recommended the zon be approved. Mr. Davis said the selling
price of the units w be in the high $70's with construction a
combination of brick veneer and siding. Some units will be owner
occupied and his company would retain ownerShip of the rental
units and handle the leasing. These will be 2 bedroom, 2 bath
units.
There was some discussion about the building setback line on the
corner lot and Jerry Mills said this would be worked out by our
Engineering Department. Jerry Mills made a motion the zoning be
approved with the stipulation that three curb cuts be made on
Old Roswell Road and one curb cut on Hawthorne street as far east
as possible; curbing in front of Hawthorne and Old Roswell to be
installed by the developer as well as street lights. Jim Hawkins
seconded the motion which carried 7-0.
(C) Annexation of 7.026 acres at Hargrove Road and Curtis Drive.
John Patterson said that Terrence L. Hartigan, Senior Vice
President of Wilma southeast, Inc. requested annexation of
in Land Lots 881 and 846. The property is currently
ficej itutional and will be developed as such. There
were two in audience in opposition and were sworn in along
with Mr. Hartigan by the City Attorney.
Mr. Hartigan said they would like to construct two 10-story
office buildings in two phases, which would eventually be
connected to become one building. They are also requesting
variances tonight to accommodate the development.
Ralph Hancock of Springhill Road said he was opposed to any
unplanned development in this area because of the serious traffic
problems. The exact route of the Spring Road connector has yet
to be determined and Mr. Hancock said he did not believe any
development should take place on this property until these road
problems are addressed; we need to put the roads first and
developments last. Mr. Hancock said he was not opposing the
annexation but he was asking them not to annex at this point and
not to grant the variances until the City, County and State can
resolve the road problems.
Richard Roberts of 2419 Cumberland Drive said he was speaking
tonight as a private citizen, but did work with the State
Department of Transportation. Mr. Roberts said this construction
would place an additional 5400 cars in a 24 hour time in this
area and an additional 1120 cars during peak hours. Mr. Roberts
said we need a workable system for this area and asked that any
development plans be held until this takes place.
Max Bacon said the city met with the Department of Transportation
a short time back and after talking with them, had doubts if the
Spring Road connector would ever be built. They stated at the
meeting they did not know what they were going to do and even if
they proceeded with the current plans they would have to start
over again because it would not take care of the existing
traffic.
August 18, 1986 - continued
Hugh Ragan reminded Mr. Hancock and Mr. Roberts that the property
is already zoned Office/In$t:i,tutional and could be deVE}:1.oped at
any time. After further discussion, Bob Davis made a motion the
property be annexed into thla city to become a part of Ward 1, the
legal description having been read and made a part of the<minutes
of the July 21, 1986 meeting. Jim Hawkins seconded the motion
which carried 7-0.
(D) Variance request to increase height of building, decrease
number of loading berths, decrease parking requirements for
development of 7.026 acres a Hargrove Road & Curtis Drive.
John Patterson said that Terrence Hartigan and Stephen Dumas
representlad Wilma Southeast in their request for variances to
increase building height from 5 stories to 10 stories; decrease
the number of loading berths from the required minimum ofSto 3;
and decrease the parking ratio from 4 spaces to 3.5 spaces per
1,000 square feet of usable floor space. There were two in
opposition.
Mr. Hartigan said they were proposing two :1.0-story office
buildings to be constructed in two phases. Each building will
contain 220,000 square feet and the buildings will eventgally be
horizontally connected. Mr. Hartigan presented a drawil'l<;;j'of the
proposed development and said this configuration was according to
the latest plans received for.t.hla spring Road conuectorfrom the
State Department of Transportation. Mr. Hartigan said they are
trying to cooperate with .the St.ate but cannot afford to wait any
longer. They are willingtogoni:lte the needed right of way for
development of the Spring :ESpad connector as shown in the drawing
tonight. Ingress and egress. will be from HargroVIa Road Slince the
State has asked them not to use Curtis Drive. Mr. Hartigan said
they would probably start thla first phase of constructiep. within
6 months with an estimated construction time of 14 months.
Mr. Hancock said he was opposed to the density of this
development and was not oppos$dto the other two variances. The
original Plans called for .i:i:. service road near thel;>ridge on
Hargrove Road and also asked that council not permit tb.:i,s. Also,
left hand turns in or out would be disasterous without a light.
Mr. Hancock requested that this be tabled for 90 days before
taking any action to allow additional time to work out a
timetable for construction of the road.
Bob Davis said he apprec:i,ated the input from each side<but these
are variances that have been granted in the past, and are
necessary for a quality deve:1.PPrnent by Wilma Southeast. Bob made
a motion the variances bei:lpproved with the stipuli:li;::i,on that
adequate fire protection be available. Jerry Mills seconded the
motion which carried 7-0.
(E) Annexation of 2 acres on South Cobb Drive.
John Patterson said that Howard H. Clark had req"\.lested the
annexation of 2 acres in Land Lots 411, 412, 453anq. 454 fronting
on South Cobb Drive. There was no opposition andJ:i,):!lif,lawkins
made a motion the property be annexed into the City.tobecome a
part of Ward 4, the legal description having been read and made a
part of the minutes of the July 7, 1986 meeting. Bob Davis
seconded the motion which carri.ed 7-0.
(F) Rezoning of 2 acres on South Cobb Drive.
John Patterson said that Jerry Cox represented Mr. Howard H.
Clark in the request to rezone the property just anne:/teq. from R-
20 to Office/Institutional for construction of a medical office
condominium. This property<:i,s north of Lake Court on South Cobb
Drive and abuts General Comrn13rcial zoning to the nortJ:liF<1'ind east,
with R....1S to the south and west. There was no opposition.
Mr. Cox said this would be a medical office containirtg 21,745
square feet. This will be a metal structure with brick and
stucco finish and they will have 15 offices availablei:::olease.
Jim Hawkins said the Planning and zoning Board had recommended
the zoning be approved and made a motion the zoning be approved
August 18, 1986 - continued
with the stipulation that a 6 foot fence be placed along the
property line contiguous to residential property. Jerry Mills
seconded the motion which carried 7-0.
(G) Rezoning of 3.4 acres at Churchill Downs Subdivision from R-
20 to R-15.
Patterson said that C. J. Fouts had recently acquired 3.4
along the entrance to Churchill Downs Subdivision which
be divided into 7 lots. Mr. Fouts has requested rezoning
R-20 to R-15 for development as part of Churchill Downs.
Planning and Zoning Board recommended approval of the zoning
there was no 0 ition. With little discussion Hugh Ragan
e a motion the ing be approved. Bob Davis seconded the
motion which carried 7-0.
H) Rezoning of 1275
General Commercial.
Concord Road from Limited Commercial to
John Patterson said that Ms. Joyce Fowler is requesting her
be rezoned to bring it into compliance with our zoning
To Have and To Hold, presently operating at this
location, is in violation because retail sales are not allowed in
Limited Commercial. There was one person in opposition and both
sides were sworn in by Mr. Camp.
Ms. Fowler said she established this business about 5 years ago
but did not know she was in violation of the zoning ordinance
until she recently purchased the property. Ms. Fowler said she
was here tonight to correct the zoning classification and had no
plans to sell the property. At one time the accessory building
in the back was leased to a company that made repairs on foreign
cars but the building has been unoccupied since Gene Golden asked
him to move. Ms. Fowler said she planned to tear one of the
ings down but like to save one of them to be used by her
ess.
kins said
license
the City was originally at fault for issuing a
to Ms. Fowler allowing retail sales at this
Jim
busin
location.
Mr.
the
the
Att
are
ope
M. Holloman of 1218 Love street said he was pleased with
ss Ms. Fowler had there now but was concerned with how
ty be used in the future if it is rezoned.
Camp id non-conforming uses which are grandfathered
issable and in this case, Ms. Fowler could continue to
er business at this location as it currently exists.
Jim Hawkins said that due to the close proximity of Ms. Fowler's
business to the residential area he had a problem with the zoning
and made a motion the request be denied because General
Commercial would n conform with the surrounding zonings and the
building setbacks not meet General Commercial requiremetns.
Hugh Ragan seconded the motion which carried 7-0.
(I) Variance request to reduce rear yard setback requirements
for property at Old Concord Road and Smyrna Powder Springs Road.
J Patterson said th James Pressley is requesting a reduction
of the rear yard set k from 30 feet to 5 feet for construction
of a 14,000 square foot building on this 2.5 acre tract. There
are arently plans to make future expansions on this property
as t lot is large enough to accommodate the building within all
setback requirements. There was no opposition.
said he needed the variance to utilize his land to
advantage and this will leave some land for future
n~. The building will be constructed for Harold Wolf
manufacturers of awnings. Jack Shinall told Mr.
he had the property to build within the setbacks and
re no clear cut hardships defined. At some future date a
may be required for additional development but this
g can be constructed well within setback requirements.
Jack Shinall made a motion the variance be denied. Joel Harrell
seconded the motion which carried 7-0.
August 18, 1986 - continued
(J) Variance request to recil,lcla rear yard setback requirement at
King springs Plaza shopping center at 3815 South Cobb Drive.
John Patterson said that Chris Todd of Pizza Hut, Inc. requesting
a variance to reduce the rea:r yard setback from 30. feet to .e feet
for a new Pizza Hut in King Springs Plaza on the site where an
abandoned gas station is located. There was no opposition.
Mr. Todd said this would be their standard size 39' x 69'
building and will seat 100. They have obtained a parking
agreement with the owners the shopping center and a .cross
parking easement will be fi::t,edwith the city. Mr. Todd said the
rear of the restaurant will be 150 feet from the storefronts at
the shopping center and they have also obtained approval from the
anchor tenants there. with little discussion, Joel Harrell made
a motion the variance be approved. Bob Davis seconded the motion
which carried 7-0.
(K) Annexation of 5566 feet of railroad right of way.
There was no opposition and Hugh Ragan made a motion that 5566
feet of railroad right of way in Land Lots 548, 547, 606, 619,
678 and 691 be annexed into the City to become a part of Ward 7,
the legal description having been read and made apart of the
minutes of the July 21, 1986 meeting. Jack Shinall seconded the
motion which carried 7-0.
FORMAL BUSINESS:
(A) Moratorium on home occupation licenses.
Jack Shinall said we are running into some problems with l;1ome
occupation licenses and we need to establish categories for these
licenses. Jack Shinall made a motion a 90 day moratorium be
placed on all home occupation licenses, effective tonight, until
his committee could review the ordinance. Bob Davis seconded the
motion which carried 7-0.
(B) Validation of signatures to annex 22.8 acres on Argo
Attorney Camp read an application for annexation of property in
Land Lot 617 at 5091 ARgo Road as follows:
We the undersigned, who constitute sixty
owners of the land area by acreage of the
which unincorporated and contiguous to the
hereby apply to have said area annexed into the
under the provisions of the Code of Georgia
69-904 through 69-912 (GeQrgia Laws, Acts 1966, Paglas
411, 412, 413; 1971, 399~ 1976, Pages 1011, 1012; said
to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 617
of the 17th District, 2nd Section, Cobb County, Georgia and being
more particularly described as follows:
BEGINNING at an iron pin at the common corner of Land Lots 617,
616, 680 and 681; running thence north 88 degrees 26 m~riutes 42
seconds west along the southerly land lot line of Land. ,r,9t. 617 a
distance of 1,266.53 feet to an iron pin on the southeasterly
right of way of West Argo Road; running thence northeasterly
along the southeasterly right of waY of West Argol'R.pad, the
following courses and distances; north 30 degrees 28 m~nutes 56
seconds east a distance of 147.78 feet to a point;>;tlorth 31
degrees 38 minutes 39 seconds east a distance of 170.91 feet to a
point; north 34 degrees 02 minutes 36 seconds east a di~7ance of
92.63 feet to a point; north 31 degrees 29 m:i,n'lltes .0;;. seconds
east a distance of 76.20 feet to a point; north 24 dlagrees 55
minutes 47 seconds east a distance of 80.59 feet to a point;
north 14 degrees 28 minutes 05 seconds east a distance of 83.64
feet to a point; north 12.degrees 58 minutes 03 seconds. east a
distance of 76. 17 feet to a ... point; north 17 degrees 5 5 minutes 57
seconds east a distance of 57.94 feet to a point; north 35
degrees 59 minutes 59 seconds east a distance of 94.67 feet to a
3$
August 18, 1986 - continued
north 37 degrees 11 minutes 01 seconds east a distance of
27 feet to a point; north 38 degrees 54 minutes 46 seconds
east a distance of 130.11 feet to a point; north 41 degrees 07
minutes 43 seconds east a distance of 81.89 feet to a point;
north 43 degrees 35 minutes 16 seconds east a distance of 78.81
feet to an iron pin; running thence south 47 degrees 39 minutes
00 seconds east a distance of 290.52 feet to an iron pin; running
thence north 46 degrees 58 minutes 00 seconds east a distance of
73.20 feet to an iron pin; running thence south 32 degrees 22
minutes 54 seconds east a distance of 150.93 feet to an iron pin;
running thence south 47 degrees 10 minutes 33 seconds west a
distance of 146.72 feet to an iron pin; running thence south 80
degrees 25 minutes 49 seconds east a distance of 313.06 feet to
an iron pin on the easterly land lot line of Land Lot 617;
running thence south 01 degrees 43 minutes 02 seconds west along
the easterly land lot line of Land Lot 617 a distance of 799.75
feet to an iron pin and the point of beginning.
WHER
AND
SMYRNA.
THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS,
Y MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF
Witness the signature
simple title, or his
area above described
DIAHN HOWSER BROWN
of the record title holders of the fee
legal representative, of 60% of the land
by acreage: s/ROBERT DAVID HOWSER, III &
Hugh Ragan made a motion the signatures be validated and the
public hearing date set for september 15, 1986. Kathy Brooks
seconded the motion which carried 7-0.
(C) Validation of signatures to annex 20.50 acres on Ridge Road.
Attorney Camp read
annex 20.50 acres
follows:
the application by Marjorie Robb Wallace to
in Land Lots 624 and 625, 3900 Ridge Road as
We the undersigned, who constitute sixty percent (60%) of the
electors resident in the area described below and who constitute
sixty percent ) of the owners of the land area by acreage of
the area descr 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
a Annotated, sections 69-904 through 69-912 (Georgia Laws,
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 625
and 624 of the 17th District, 2nd Section, Cobb County, Georgia,
containing 19.53 acres as shown as Tract "A" on a boundary survey
prepared by Civil Design, Inc., dated April 18, 1986 and being
more particularly described as follows:
Beginning at an iron pin found at the common corner of land lots
599, 600, 625 and 626, said iron pin found being the TRUE POINT
OF BEGINNING of the tract herein described as follows; thence
h 01 degrees 01 minutes 15 seconds east along the east line
Land Lot 625 a distance of 853.93 feet to an iron pin found;
thence south 59 degrees 52 minutes 10 seconds east leaving said
land lot line a distance of 302.18 feet to an iron pin found;
thence south 48 degrees 35 minutes 19 seconds west a distance of
232.06 feet to a point; thence south 72 degrees 39 minutes 50
seconds east a distance of 29.42 feet to an iron pin found;
south 48 degrees 46 minutes 16 seconds east a distance of
feet to a point; thence south 72 degrees 02 minutes 37
east a distance of 451.00 feet to a point on the
st right of way line of Ridge Road (being a 50 foot right
of way); thence north 37 degrees 16 minutes 23 seconds east along
said right of way line a distance of 68.88 feet to an iron pin
found; thence north 72 degrees 02 minutes 37 seconds west leaving
said right of way a distance of 378.42 feet to a point; thence
north 44 degrees 55 minutes 38 seconds east a distance of 266.81
feet to a point; thence north 44 degrees 45 minutes 09 seconds
August 18, 1986 - continued
east a distance of 15. OOfeett.o an iron pin found; thence north
44 degrees 56 minutes 10 seconds east a distance of 149.70 feet
to an iron pin found; thence north 44 degrees 33 minutes 25
seconds west a distance of 23.71 feet to an iron pin found;
thence north 45 degrees .12. minutes 37 seconds east a dis;t.ance of
l,l90.67 feet to an iron pin found at the common corner of Land
Lots 625, 626, 671 and 672; thence south 89 degrees 25 rnir.ru.tes 19
seconds west along the north line of Land Lot 625 a dista.nce of
1,339*21 feet to an iron pin found; said iron pin found ~eing the
TRUE POINT OF BEGINNING.
Also, all
Lots 625
Georgia,
boundary
1986 and
that tract or parpel of land lying and beinQ"in Land
and 624 of the 17th District, 2nd Section, Cob:i::) county,
containing 0.97 acres as shown as Tract uDfI on a
survey prepared by Civil Design, Inc., dated April 18,
being more partiCUlarly described as follows:
Beginning at an iron pin found at the common corner of Land Lots
599, 600, 625 and 626; thence south 01 degree Ol minut.es 15
seconds east along the west land lot line of Lan Lot 625 a
distance of 853.93 feet to an iron pin found; thence south 00
degrees 30 minutes 20 seconds east along said land lot line a
distance of 412.39 feet to an iron pin located at the common
corner of Land Lots 600, 601, 624 and 625; thence north 48
degrees 37 minutes 14 seconds east a distance of 120. 03..feet to a
point, said point being the TRUE POINT OF BEGINNING ofthla tract
herein described as follows: thence north 48 degrees 28 minutes
17 seconds east a distance of 10.01 feet to a point; thence south
72 degrees 02 minutes 37 seconds east a distance of 451.00 feet
to a point located on the northeasterly right of way line of
Rid~e Road (being a 50 foot right of way); thence south 37
degrees 16 minutes 23 seconds west along said right of way line a
distance of 52.22 feet to a point; thence south 42 degrees 07
minutes 23 seconds west aJ,.ong said right of way line .:I... distance
of 98.70 feet to a point; thence south 47 degrees 05m:i,nutes 53
seconds west along said right of way line a distance of 65.65
feet to an iron pin found; thence north 41 degrees 19 minutes 14
seconds west leaving said right of way line a distance of 41.8.09
feet to a point; said point being the TRUE POINT OF BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS l\ND SEALS,
AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF
SMYRNA.
Witness the signature of 60% of the electors resident
described below: s/MARJORIE RABB WALLACE
the area
Witness the signature of the record title holders the fee
simpJ,.e title, or his legal representative, of 60% of the land
area above described by acreage: s/MARJORIE RABB WALLACE
Joel Harrell made a motiqn the signatures be validat.ed and the
public hearing date set for september 15, 1986. Jerry Mills
seconded the motion which carried 7-0.
(D) Clean City Committee appointment - Ward 6.
KathY Brooks made a motion that Randall Young be appointed to the
Clean City Committee to fil1. the unexpirlad term of Lester
Weathers from Ward 6. Jim Hawkins seconded the motion which
carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) QUiktrip Corporation re.gu.ested a buildi.ng permit <for a new
convenience store at 3875 South Cobb Drive at a total e.stimated
cost of $125,000. Joel Harrell made a mqtion t.he permit be
approved subject to approval of the Inspections Departmlant, Fire
Marshal and City Engineer. Bob Davis seconded the mOtion which
carried 7-0.
CONSENT AGENDA:
(A) Approval of July minut.es
(B) Change date of first september meeting to September 2nd
permit for SAA opening day - August 23rd
Jack
the consent agenda be approved.
which carried 7-0.
been some discussion recently about
on variances and council would be
agenda meeting.
reported on activities in the Parks and Recreation
said t.hlS.. Colt League South Zone tournament was
at Ward Park and commended the Parks Department for
Bacon also reminded everyone of the runoff election to be
September 2nd.
no further business, meeting adjourned at 10:10 p.m.
um_ v_q;:~:#~m_
~~ . , WARD 4
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C. SPIVEY, ~IT;-~~~~
WILLOUISE
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FIRE MARSHAL
I, James D. Ruffner , do solemnly swear that I will well
and truly demean myself as Fire Marshal of the City of Smyrna for the
ensuing term, and that I will faithfully enforce the Charter and Ordi-
nances of said City to the best of my ability, without fear or favor, and
in all my actions as FIRE MARSHAL act as I believe for the best interest
of the said City. So help me God.
Subscribed and sworn to before
me this 24th day of September, 1986.
/~&
A. Max Bacon, Mayor
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