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September 3/16/23, 1985 Council Meeting September 3, 1985 scheduled meeting of Mayor and Council was held pursuant to the September 3, 1985 at Smyrna City Hall. The meeting was called to 7;30 o'clock p.m. by presiding officer Mayor Protem ,Jim Hawkins. All Council members were present. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Willou:ise Spivey, Assistant City Clerk Melinda Dameron and representatives of the press. J:im Hawk:ins said that Mayor Bacon was not able to be here tonight because he was not feeling well. Invocation was given by Jack Shinall, followed by the pledge to the flag. stated that department no reports in the future as heads will present to be given. we develop those. wi th DEPARTMENT REPORTS; John Patterson a good format for monthly reports the 3 or 4 at each meeting. Tonight there are PUBLIC HEARINGS (A) IS, Appeal of Recorder's Court decision; Robert P. Watson 1985 guilty verdict of driving too fast for conditions. appealed h:is August John Patterson stated that on July 28, 1985, Robert P. Watson was :involved in an acc:ident on Cherokee Road. A witness stated that Mr. Watson passed his car traveling east on Cherokee Road and that he never applied brakes before str:iking a vehicle which crossed his path. Excessive speed by Mr. Watson was a contributing factor in this accident. He was charged with the accident and was cited for driving too fast for conditions. He pled not guilty on August 8, 1985 and was found guilty in Recorder's Court on August IS, 1985. He then filed an appeal of the decision with the City Clerk. Council set September 3rd as the date his appeal would be heard. All witnesses have been ordered to attend. Mr. Watson, arresting officer Samuel Slover and all witnesses were sworn in by Attorney Camp. Mr. Watson said he felt he was not guilty and his witnesses were not given the opportunity to speak in court. Also, there was some incorrect information in the accident report which indicated the point of impact of the vehicle. Mr. Watson also stated that the driver of the other car did not have on his head lights nor his turn signal. Mr. Watson said he knew the speed limit on Cherokee Road and was not going any faster than 40 or 45 miles per hour. When Mr. Howland's car turned in front of him he applied the brakes but could not avoid the car. Donna Chastain and Wanda Gison spoke on Mr. Watson's behalf and stated they were both passengers in his car and Mr. Watson was not exceeding the speed limit. Also, neither of them were given an opportunity to speak in court. Both witnesses also stated that the driver of the other car did not have head lights on or a turn signal and when he turned left in front of them and there was no way to avoid the car. They were told in court that if they were not subpoenaed they could not speak but the officer at the accident took their names and told them it would be helpful if they would appear in court on Mr. Watson's behalf. Officer Slover sa:id the summons issued to Mr. Watson was issued in part due to the ev:idence at the scene and testimony from witnesses. Mr. Watson stated at the scene of the accident that he was doing approximately 45 m:iles per hour and another witness stated that Mr. Watson had passed his car at a much higher rate of speed. When he made contact there were no skid marks to indicate that brakes were applied and the force of the impact turned the other car 180 degrees clockwise and knocked him off the road. Mr. Watson's car was turned about 90 degrees from the impact. Both witnesses that appeared in court said there was no applicat:ion of brakes. Officer Slover said he f el t there was no neg lect on the other drivers part and his vehicle was already 75% in the driveway to h:is home when he was hit. If Mr. Watson had been driving at a reasonable speed the accident would not have occurred. Officer Slover said it was his policy to not SUbpoena those that have an interest in the case, but advise them to appear in court. car passed h:im just before the accident occurred not see any tail l:ights or brake lights applied that Mr. Watson's car was going over 40 miles Sherwood Pierce said Mr. Watson J s and witnessed the accident. He did before the impact and also stated per hour when he passed him. William Howland waS the driver the speed of Mr. watson J scar the other 60 miles car involved and sa:id he per hour. Also, his head estimated lights and of at September 3, 1985 - Continued turn signal were on but he switched them off after the accident occurred. After further discuss:ion Court be upheld based on which carried 6-0. Hugh the Ragan made a motion testimony heard. Jack the decision of Shinall seconded Recorder's the motion (B) Variance: Union Oil Company requested construct a convenience store which they feel is a 16 foot necessary to rear yarq variance remain competitive. John Patterson said that on October I, 1984, Union Oil requested the same variance which was tabled to the next meeting until Department of Transportation requirements could be determined, :i.e., eliminating one of the curb cuts and donating additional right of way. Un:ion Oil requested a further delay to the November 5th meeting, and the request was eventually withdrawn. Union 76 applied for a 16 foot rear yard variance on August 6, 1985. The variance would allow for the construction of a 2,100 square foot convenience store on the site. The company argues that without this variance they would have to construct a building with 35% less retail space which would reduce their competitive posture and adversely affect the economic feasibility of the project. The smaller buLlding would be approximately l,365 square feet. Amoco, located across Powder Springs Street has an 865 square foot store. Two considerations that need to be addressed are the closing of the South Cobb Dr:ive entrance nearest Powder Springs which DOT has requested and the prohibiton of left turns into the station from Powder Springs Street by east bound traffic between 4-8 p.m. N. C. Sloan represented Amoco and there was no opposition. Mr. Sloan presented pictures of the proposed store and stated the natural buffer would remain undisturbed. Hugh Ragan asked Mr. Sloan if they could not use the smaller build:ing. Mr. Sloan said they could, but the reduct:ion in their selling space could mean the d:ifference in success and failure. Max Bacon and James Williams both stated the smaller building would still be larger than the Amoco across the street and did not see where denying the variance could cause them any undue hardship. After further discussion Kathy Brooks made a motion the variance be denied since she did not feel an undue hardShip would be placed on Union Oil to construct a smaller building. Hugh Ragan seconded the motion wh:ich carried 6-0. (C) Beer and wine package license: Cobb Center Amoco (Robin Kim Jackson, applicant) made appl;Lcation to sell beer and wine by the package at the service station/con- venience store located at the corner of South Cobb Drive and Powder Springs Street. John request wa.s the f rom the has preclude said this is the second request by Cobb Center Amoco. The first denied on August 6, 1984 due to opposition by the neighbors, primarily Church and the James House Apartments. Amoco now has the support House Apartments and the Lutheran Church. The Police Department an investigation on Miss Jackson and found no record which would from holding the license. Attorney Roy Barnes represented Miss Jackson and there was no opposition. Mr. Barnes the Lutheran Church across the street is wi thin 200 feet from the station there is some ambiguity in the City' s ordinance concerning distance requirements from churches. Section 3-26(8) requires 300 feet from the front door of customer entry to the property line and later in the same paragraph requires 200 feet from the building to church property line. The James House Apartments are also located w:ithin 200 feet of the location but they have letters from both wa:iving the distance requirements. Attorney Camp sa:id the intent of the ordinance is that the 300 foot requirement be from front door of customer entry to the church property line in lineal feet. The 200 feet portion means that under no circumstances shall the building itself be closer than 200 feet to the church property line. Jack Shinall said his only concern before was the fact that there was opposition from the residents at James House Apartments. Tonight however there is no opposit:ion and the application was properly posted and advertised. Based on the facts presented tonight the circumstances have substantially changed from the last application. Jack Shinall made a motion the license be approved seconded by Kathy Brooks. Hugh Ragan said he could not support the motion since the church is within 300 feet. Bob Davis also said he was concerned with the letter from the church waiving the distance requirements for a license renewal, which was signed by the secretary. John Patterson said he spoke the pastor and two members of the church council and they indicated that Amoco did not misreprsesent themselves and understood it would be a new license. After further discussion Jack Shinall amended the motion to approve the license subject to a new letter from the Lutheran Church indicating that they are ;;,-. to waiving the distance requirements for a new seconded the amendment. Vote on the amendment Hugh Ragan opposed. license and main application. Kathy Brooks motion carried 5-1, with FORMAL BUSINESS (A) Max Bacon made a motion that Bank Street be closed 8;30 a.m. to 6;00 p.m. for the Jonquil City Fall Festival. the motion which carried 6-0. September Bob Davis 14th from seconded (B) Hugh Authority 6-0. Martha Aiken be reappointed to the Williams seconded the motion which Housing carried Ragan made to represent a motion Ward 7. that James AWARD OF BID: John Patterson said that specifications were mailed to 8 or 9 firms aSking for bids for fire fighting equipment and radio equipment for the Fire Department. We received 7 bids and all items were broken down by category. Mr. Patterson recommended that council award the low bid for all items with the exception of the portable radios. These should be awarded to the local firm whose total bid price is only $70 more. The portable radios would be awarded to Miller Communications; the antenna tower and other radio equipment awarded to Nort:hside Electronics with Harolds Sales and Service to get the bid for most of the f:irefighting equipment. Hugh Ragan made a motion the bids be awarded as recommended. Kathy Brooks sconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS; Commercial John Patterson and recorded as follows; presented by building permits were (I) C&S Builders requested a building permit for remodeling at 3903 South Cobb Drive, Suite l08 at a total estimated cost of $30,000. James Williams made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. (2) Smyrna Hospital requested a building permit for construction of a passageway at a total estimated cost of $25,000. James Williams made a motion the permit be approved SUbject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. (3) National Bank of Georgia requested a building permit for remodeling at 2890 Atlanta Road at a total estimated cost of $25,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. (4) The Fountains of Post Village requested a building permit for construction of 352 units at a total estimated cost of $7,234,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. James Williams seconded the motion which carried 6-0. (5) The Meadows of Post V:illage requested of 350 apartment units at a total estimated a motion the permit be approved subj ect to Fire Marshal. James Will:iams seconded the motion a building permit for construction cost of $6,946,650. Bob Davis made approval of the City Engineer and which carried 6-0. Max Bacon recognized Senator Jim Tolleson in the audience. CONSENT AGENDA; James Williams made a motion the minutes of August 5 & 19 be approved as submitted. Hugh Ragan seconded the motion which carried 6-0. COUNCIL INPUT; study and asked the rough draft. Jack for a said the committee was moving along Committee meeting tomorrow n:ight at salary review on the 6; 00 to Shinall Finance Max Bacon said that hopefully at the next meeting, we would be ready to adopt a "Happy Hour" ordinance. Bob Davis made a report on library activities. Max Bacon asked John Patterson about the status of the situation with the Seaboard Railroad. Mr. Patterson said that next week the Federal Railroad Administration would be in .the area taking noise samples from property owners abutting the tracks. Hopefully these results will prove that the trains are a nuisance and September 3, 1985 - Continued that other arrangements need to be made. Jim Hawkins said that King open for classes sponsored reminded everyone of the Fall Springs Pool is still open and by the Parks and Recreation Fest:ival on September 14th. registration Department. is Jim still also Jim Hawkins said the Clean City Commission newspapers for recycling; one at the fire at Cobb Center Tire on Benson Poole Road. has two station locations available to on Spring Road and deposit another with no further bus:iness, meet:ing adjourned at 9:05 p.m. ************************ September 16, 1985 The regular scheduled meeting of Mayor and Council was held September 16, 1985 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor Protem Jim Hawkins. All Council members were present. Also was City Administrator John Patterson, Ci-ty Attorney Charles E. Camp, City Clerk Willouise Spivey and representativaes of the press. Invocation was given by Kathy Brooks followed by the pledge to the flag. PUBLIC INPUT: Sue Brissey of 471 Havilon Way asked about the status of the Concord Road paxcking lots. Attorney Camp said the City has not inst:i tuted legal action on Concord Road parking lots at thi.s po:int and time. Mrs. Brissey said it has been 4 yeg:t:'s since she initially brought this before council. Some have complied and have totally ignored us. Chuck Camp said to hi.s knowledge there are only two are not within compliance now; the others have either complied or are grandfathered. Mrs. Brissey said she disagreed; there were many others that had complied. Mrs. Brissey said she also noticed today that someone has made a park:ing lot on the right of way of Atlanta Road and also complained of the eyesore created by AAA Cab on Atlanta Road @ Spring Road. Jim Hawkins recommended that Mrs. Brissey come to C:ity Hall and talk with John Patterson regarding the parking lot s:ituation and we would check :into her other complaints. Frances Grant of Stonecreek Road stated she had recently been denied a variance to rent the basement of her home and said this was her primary source of income. Without she would be forced to sell her home. John Patterson said at the time the first request was made a letter from Mrs. Grant's attorney was submitted and she did not go through the variance procedure as required. Jim Hawkins recom- mended that Mrs. Grant make an appointment with Mr. Patterson to help her wi.th the variance procedures. DEPARTMENT REPORTS: John Patterson said the begin next month and we are still work:ing on a department format for head reports would those reports. probably PUBLIC HEARINGS: (A) Variance request by Post Properties, Inc. on parking and buffer requirements for F&M Villages, Inc. There was no opposition and Richard Denney represented Post Properties. Mr. Denney said they were asking for a variance to reduce the number of parking spaces from 1,426 to 1,177. Mr. Denney said they used the formula as they did in all their villages for parking; being 1.5 spaiCes per 1 bedroom and 1.75 for 2 and 3 bedroom units. The second variance is for parking in the buffer due to the tightness of th:is remaining site and is needed for the development to be aesthetically pleasing. This property is zoned for 16 units per acre and the variances would have no effect on density. 60% of the development will be I bedroom and 40% 2 bedroom apartments. John on this The said for the last 5 formula for parking strip they are asking years Post has developed and there appears to be to encroach upon is along their projects based no problem with it. Village Parkway and there are no adjacent only 3 buildings that the garage additions. property owners being affected.Mr. Denney said there will encroach into the 20 foot buffer area, because are of Bob Davis made a motion the two variances be approved as requested. Jack Sh:inall seconded the motion which carried 6-0. (B) Variance request filed by L. L. at 2200 Old Spring Road. Kimberly on side and rear yard setbacks Mr. Kimberly was present and there was no opposition. Mr. Kimberly said he was requesting a variance of 9 feet for construction of a garage at his home. Mrs. Brooks, the adjacent property owner signed a letter indicating she had no objections to the variance. With little discussion, Kathy Brooks made a motion the variance be approved. James Williams seconded the motion which carried 6-0. (C) Annexation of 4340 Fawn Lane. Glenda W. Brennan requested annexation of description having been read and made a 1985 meeting. There was no opposition and be approved to become a part of Ward 7. carried 6-0. her home at 4340 Fawn Lane, the legal part of the minutes of the August 19, Hugh Ragan made a motion the annexation Kathy Brooks seconded the motion which (D) Rezoning of property at 1264 Concord Road from Future Commercial to Limited Commercial. There was no oppositon and Bob Davies with Avesta Realty represented C. M. Hamby in the zoning request. Mr. Davies said if rezoned, the property would be renovated and rented out for office space. Max Bacon stated the Planning and Zoning Board had unaninmously recommended the zoning be approved. With no further discussion;l Max Bacon made a motion the property be rezoned as requested. Hugh Ragan seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Classification and compensation pay study. John Patterson said that prior to coming with the City he was asked to conduct a pay plan study. With the help of the department heads they upgraded job descriptions and then went to 6 local governments and 6 private firms and received their salary information. This information was compared by classification title to ours, the structure reviewed and the financial impact examined. With the help of the Finance Committee an implementation schedule was developed. Mr. Patterson said this was a plan that was up to date and should provide a means where we can retain qualified employees and attract those through a recruitment and selection process. Jack Shinall said this was not an across the board increase and not a handout~ the staff did a good job in compar:ing us to the surrounding areas and this will improve our ability to recruit and retain the employees we have. Funds for this study were approved in the 1985-86 budget in the contingency fund. Each job with:in the study has been studied including fire and police and during the next few weeks we will begin the implementation of this program. Jack Shinall made a motion the classification and compensation plan be adopted effective with the pay period beginning October 2, 1985. The motion also includes the funding for this plan and its implementation from the contingency fund where the monies were placed during the last budget adoption. Also, that a 6-month phase-in plan be adopted in some of the areas where skills need to be improved and to help bring our employees in line with our classifications. James Williams seconded the motion which carried 6-0. Jim Hawkins said these funds were available due to our growing tax digest, without a tax increase. Also, John will be holding a meeting with the employees of the City to explain exactly how the plan will be implemented. (B) Set date of public hearing to annex 7 roadways. John Patterson said in the past the City has several road areas and we requested approval from to annex these roads and received :it. Therefore, had the we trouble with Department of are suggesting enforcement on Transportation that we annex September 16, 1985 - Continued these roadways into the City for the citizens. A letter his approval to annex the of the roadways as follows: to ma:intain consistent law enforcement and protection from Comm:issioner Moreland was also received, giving roadways. Attorney Camp read the legal descriptions All that tract or parcel of land ly:ing and being in Land Lots 602, 603, 621, 677, 692, 691, 690, 752 and 753 of the 17th District, 2nd Section, Cobb County, Georgia, known as South Cobb Drive, being more particularly described as follows: BEGINNING at the centerline of South Cobb Drive (SR280) at Ridge Road and the existing city limits, said property being a strip of roadway 200 feet in width, lying 100 feet on either side of the centerline; runn:ing thence in a southeasterly direction along the centerline of South Cobb Drive a distance of 11,800 feet more or less to the north line of Land Lot 754. All that tract 311,339,340, County, Georgia, follows: or parcel 381, 380, known as of land 413 and Concord lying and being 338 of the 17th Road, being more in Land Lots District, 2nd particularly 241, 264, 265, Section, Cobb described as BEGINNING at the centerline be:ing a strip of roadway 60 centerline; running thence of Concord Road a d:istance and South Cobb Drive (SR280). of Concord Road at feet in width, lying in a northeasterly of 9, 578:t feet to Mosswood Lane; said property 30 feet on either side of the direction along the centerline the intersection of Concord Road All that tract or parcel 525, 483, 484 and 485 of known as King Springs Road, of land lying and being in Land Lots 528, the 17th Distr ict, 2nd Section, Cobb County, being more particularly described as follows: 527, 526, Georgia, BEGINNING at the centerline of King Springs Road at South Cobb Drive; said property being a str:ip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence in a northerly direction along the centerline of King Springs Road a distance of 6,700:t feet to the intersection of King Springs Road and Concord Road. All that tract or parcel of land lying and be:ing in Land 668, 629, 596, 595 and 558 of the 17th District, 2nd Section, known as Atlanta Road (SR3), be:ing more particularly described Lots 699, Cobb County, as follows: 700, 669, Georgia, BEGINNING at the centerline being a :?t:);:'ip of roadway 60 centerline; running thence of Atlanta Road a distance and Concord Road. of Atlanta Road (SR3) at Ridge Road; said property feet in w:idth, lying 30 feet on either side of the in a northwesterly direction along the centerline of 7, 400:!: feet to the intersection of Atlanta Road All that tract or parcel of land lying and being in Land Lots 444, 445, 421, 420, 372, 373, 349, 348, 300 and 301 of the 17th District, 2nd Sect:ion, Cobb County, Georgia, known as Pat Mell Road, being more particularly described as follows: BEGINNING at the centerline of Pat Mell Road at Atlanta Road (SR3); said property being a ,;;;trip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence east along the centerline of Pat Mell Road a distance of 5,200:t feet to the intersection of Pat Mell Road and South Cobb Drive (SR280). All that tract or parcel of land lying and being :in Land Lots 662, and 633 of the 17th District, 2nd Section, Cobb County, Georgia, known Roswell Road, being more particularly described as follows: 663, 634 as Smyrna- BEGINNING at the centerline of Smyrna Roswell Road at Atkins Road; said property being a strip of roadway 50 feet in width and lying 25 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Smyrna Roswell Road a distance of 3, 800:t feet to the intersection of Smyrna Roswell Road and Mathews Street. All that tract or parcel of and 594 of the 17th District, Street, being more part:icularly land lying and being in 2nd Section, Cobb County, described as follows: Land Lots Georgia, 632, known 631, 593 as Spring BEGINNING at the being a ,;;;tr ip of centerline roadway 40 of Spr in.g feet in Street at width and New lying Spr ing Road; 20 feet on said either property side of September 16, 1985 - Continued the centerline; running thence west along the centerline of Spring Street a distance of 1,600r feet to the intersection of Spring Street and Anderson Circle. Chuck Camp read the closing remarks in the letter from Tom Moreland stating that he hoped this would assist :in prov:iding consistent enforcement and protection of these locations. Jack Shinall made a motion the signature of Thomas Moreland be validated as owner of the roadways described and the public hearing date be set for October 7, 1985. Kathy Brooks seconded the motion which carried 6-0. (C) Validate signatures for annexation of 9.87 acres on Atlanta Road. Attorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of District, 2nd Section in Cobb as follows: land lying and County, Georgia being in and being Land Lot 595 of more particularly the 17th descr:ibed BEGINNING at an iron pin located on the south right of way of L&N Railroad, 588.00 feet from the :intersection of said right of way and the land lot line of Land Lots 595 & 630; go thence south 18 degrees 34 minutes 44 seconds west, a distance of 677.37 feet to an iron pin on the north right of way of Atlanta Road; go thence along said right of way north 53 degrees 12 minutes 13 seconds west, a distance of 797.15 feet to an iron pin; go thence north 43 degrees 52 minutes 21 seconds east, a distance of 692.25 feet to an iron pin on the south right of way of L&N Railroad; go thence along said right of way south 48 degrees 13 minutes 35 seconds east, a distance of 502.00 feet to an iron p:in 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 his legal representative, s/JOHNNY L. ROPER the of record 60% of title holders the land area of the above fee simple title, or described by acreage: Max Bacon made a set for October 7, motion the signature be validated and the public hearing 1985. Bob Davis seconded the motion which carried 6-0. date (D) Validate signatures for annexation of lot on Smyrna Hill Drive. Atttorney Camp read the application for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have sa:id 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 2nd Section, Cobb County, of land lying and being in Land Lot 381, 17th District, Georgia and being more part:icularly described as follows: BEGINNING at an iron pin on the south right of way of Smyrna Hill Drive (having a 40 foot right of way), said point being 195.8 feet westerly along the south right of way of Smyrna Hill Drive from the intersection of the south right of way of Smyrna Hill Drive and the east land lot line of Land Lot 381; said point also being the northwesterly corner of the property now or formerly owned by Roy P. Fowler, Jr., et aI, as conveyed by Warranty Deed at Deed Book 1902, page 512; running thence 65 feet, more or less, in a westerly direction along the southerly side of Smyrna Hill Drive to an iron pin located at the northeasterly corner of the property owned by South Cobb Roller Rink Company as shown at Plat Book 51, page I; running thence 117.6 feet in a southwesterly direction to an iron pin; running thence southeasterly 75 feet, more or less, to a point on the west- Witness the signature of his legal representative, s/SAMUEL F. COCHRAN the of record 60% of ti tIe holders the land area of the above fee simple title, or described by acreage: September 16, 1985 - Continued erly line of said 130 feet, more or Dr:ive and the point Roy P. Fowler, Jr., less, to an iron pin of BEGINNING. et on al the property; running thence northerly south right of way of Smyrna Hill WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Hugh Ragan made set for October 7, a motion the signatures be validated and the public 1985. Jack Shinall seconded the motion which carried 6-0. hearing (E) Validate signatures for annexation of 2.027 acreas on Mavell Road at Seaboard Railroad right of way. Attorney Camp read the appl:ication for annexation as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being described as follows, to wit: All that tract District, 2nd as follows: or parcel Sect:ion of of land lying Cobb County, and and being being in Land Lot 533 of more particularly the 17th described BEGINNING at a po:int located at the intersect:ion of the northwestern right of way line of Mavell Road (a 50' right of way) and the northeast'ern right of way line of the Seaboard Systems Railroad (a ISO' right of way); thence North 70 degrees 44 minutes 21 seconds West along the northwestern right of way line of Seaboard Systems Railroad right of way a distance of 408.80 feet to a point; thence North 01 degrees 50 minutes 00 seconds East a distance of 178.18 feet to a point; thence South 70 degrees 44 minutes 21 seconds, East a distance of 601.26 feet to an :iron pin located on the Northwestern r:ight of' way l:ine of Mavell Road; thence South 45 degrees 35 minutes 48 seconds West along the north western right of way line of Mavell Road a distance of 13.24 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 50 degrees II minutes 57 seconds West a distance of 51.25 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 50 degrees 57 m:inutes 46 seconds West a distance of 34.38 feet to an iron pin; thence continuing along the northWestern right of way line of Mavell Road South 54 degrees 46 minutes 59 seconds West a distance of 42.03 feet to a point; thence continuing along the northwestern right of way of Mavell Road South 61 degrees 56 minutes 30 seconds West a distance of 34.33 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 75 degrees 23 minutes 58 seconds West a distance of 31.57 feet to a point; thence continuing along the northwestern right of way line of Mavell Road South 81 degrees 20 minutes 56 seconds West a distance of 16.86 fet to the point of BEGINNING: said tract containing 2.027 acres as shown on the plat prepared by Gudget Surveying dated August 14, 1985. 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 his legal representative, s/ALISA ANN THOMAS the of record 60% of ti tIe holders the land area of the above fee simple title, or descr:ibed by acreage: Hugh Ragan made a set for October 7, motion the signature be validated and the pUblic hearing 1985. Kathy Brooks seconded the motion which carried 6-0. date (F) Jack Shinall made a and Recreation Commission which carried 6-0. motion that Eddie representing Ward El.dredge 5 . Hugh be reappointed to Ragan seconded the the Parks motion (G) and Kathy Brooks made a Recreation Commission motion that Sarah McDaniel representing Ward 6. Max be reappointed to Bacon seconded the the Parks motion September 16, ~985 - Continued which carried 6-0. AWARD OF BIDS: (A) John Patterson said bids were ~et several weeks ago for guns and leather for the Police Department and opened September 9th. Bids were sent to 6 companies with 5 responding. $35,000 was budgeted and Mr. Patterson recommended the bid be awarded to G.T. Distributors, the low bidder at $24,670.69. Hugh Ragan made a motion the bid be awarded to G.T. Distributors. Bob Davis seconded the motion which carried 6-0. (B) John Patterson said the Public Works Department had requested, during the budget process, a garage addition that would allow coverage for the sewer jet machine. $10,000 was budgeted in Revenue Sharing for this addition and bid requests were mailed to 4 companies, with 2 responding. A-Buck was the original contractor tha t built the garage and also was the low bidder on the addition at $10,47 I. Upon the recommendation nf John Patterson, James Williams made a mot:ion the bid be awarded to A-Buck, Inc. with $10,000 to be paid from Revenue Sharing and the $471 balance to be paid from the Water and Sewer Fund. Bob Davis seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Circuit City requested a building permit to add a structural steel and concrete mezzan:ine over the car stereo installation area at a total estimated cost of $16,000. Bob Davis made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Jack Shinall seconded the motion which carried 6-0. (B) City Group, Inc. requested a building permit for tenant finish Lake Park Drive at a total estimated cost of $14,500. Bob Davis made the permit be approved subject to approval of the City Engineer and Fire Max Bacon" seconded the motion which carried 6-0. at 1955 a motion Marshal. (C) Cobb Center Mall requested a building permit tenant spaces at a total estimated cost of $250,000. the permit be approved subject to approval of the City Hugh Ragan seconded the motion which carried 6-0. for renovation of Kathy Brooks made Engineer and Fire several a motion Marshal. COUNCIL INPUT Max Bacon said the Cobb Municipal Association would meet tomorrow night at Marietta City Hall to further discuss the "Happy Hour" ordinance. Jack Shinall thanked John Patterson, the work they did on the salary study. Willouise Spivey and Melinda Dameron for Kathy Brooks said she was happy to see the bu:ilding permits approved for Cobb Center tonight and they are coming along with the renovation. Jim HaWkins thanked Sherry Reavis and her staff the Fall Festival this Saturday and it was a Elsie Rape and her Clean City Commission. f or the good great success. job Jim they did wi th also thanked Jim Hawkins said that contrary to a recent newspaper article, was not dragging its feet on adopting a "Happy Hour" ordinance to get an ordinance approved. the City of Smyrna and we were anxious With no further business, meeting adjourned at 8:45 p.m. ************************ September 23, 1985 A special called meeting of Mayor and Council was held September 23, 6:00 o'c~ock p.m., Smyrna City Hall. The meeting was called to order Protem Jim Hawkins. All council members were present except Jack Shinall. 1985 at by Mayor The purpose of this meeting was to consider a variance request for Pearlie Elliott, 162 Davenport Street. The property is zoned R-15 which calls for The house which Mr. Payne wants to bu~ld, with will not meet the requ~rements for minimum square 1,150 square feet donat:ions from the footage. of floor area. private sector, September 23, 1985 - Continued Frank Newton of the Cobb County Community Development Program and Jim Payne acted on behalf of Ms. EII~ott. James w~lliams explained that Mrs. Elliott :is 84 or 85 years old and her home is not livable. The floors have fallen in, the plumbing doesn't work and only one power line hangs from the ceiling. Jim Payne had approaohed him about moving a tra:iler onto the lot for the remainder of Mrs. EII~ott' slife. Since we have an ordinance against trailers in the City, James said he suggested a small house. After further discuss:ion, James Williams made a motion the variance be approved. Max Bacon seconded the motion which carried 5-0. James williamS made a motion the inspection fees and building permit fees be waived. Bob Davis seconded the motion which carried 5-0. W~th no further business, meeting adjourned at 6:30 p.m. /~ ",/ ~~