02-20-1989 Regular MeetingFebruary 6, 1989 meeting - continued
finally in place.
Jim Hawkins said he had received quite a few calls about the removal of the
roll -off container at the former location of the Sanitation office on Smyrna
Hill Drive because quite a few of our citizens used it and it was much more
convenient than going to the dump on County Farm Road. Our City dump was
closed several years ago and the container at Smyrna Hill Drive was offered
as an alternative. Mr. Hawkins said he would like this placed on our agenda
for the next meeting to give consideration for another site for the roll -off
container and would also like to give our citizens an opportunity to voice
their opinion. Mayor Bacon said it was necessary to remove the container from
the Smyrna Hill Drive site because there was no one to man the facility. He
has asked the Public Works Committee to look into the problem and make their
recommendation and Mayor Bacon said he felt confident this would be
accomplished before the next meeting and it would not be necessary to place
it on the agenda. Mayor Bacon said he also had received a lot of calls about
the container being removed and looked forward to the committee meeting and
making their recommendation.
Jack Shinall reminded everyone that the 911 number should be used in case of
emergency only; not for non -emergency ambulance service calls.
With no further business, meeting adjourned at 8:06 p.m.
A. MAX BACON, MAYOR
BOB AVIS, WARD 1
7:
BILL SC GGINS, 160D 3
JAC ISHINALL, WARD 5
BOB BETENBAUGH, WARD 7
MEL
February 20, 1989
CITY CLERK
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The regular scheduled meeting of Mayor and Council was held February 20, 1989
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All council members were present. Also
present was City Administrator John Patterson, City Attorney Charles E. Camp,
City Clerk Melinda Dameron and representatives of the press.
Invocation was given by Reverend Jim Luke, pastor of Tillman Methodist
Church, followed by the pledge to the flag.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS: Reports were given from Fire and Community Development
departments.
PUBLIC HEARINGS•
(A) Variance request - rear yard setback at 570 Windy Hill Road.
John Patterson said that Sanford Phillips is requesting this variance to
reduce the rear yard setback from 30 feet to 15 feet for an additional
building. The variance, if approved, will allow an additional 250 square feet
of space in the new building. The deeper setback is also needed to facilitate
the widening of Windy Hill Road. There was one person in the audience in
opposition who was sworn in with Mr. Phillips by Attorney Camp.
Mr. Phillips said the existing shopping center is between 2 and 4 feet from
the property line at some points and this building will be 15 feet from the
line. This building will be between the existing shopping center and the old
February 20, 1989 meeting - continued
house with the flea market and after construction is completed, the flea
market house will be torn down and the buildings connected.
Kathy Thurman, owner of Precision Cutters said she objected to the variance
because it places the building too close to her property line and she plans
to enlarge her shop at some future date. Ms. Thurman also presented pictures
of the rear of Mr. Phillips' shopping center and stated it was an eyesore to
her and her customers. The entire back of the property is littered with trash
and debris, including an old tractor -trailer parked against the fence. Ms.
Thurman said the property has not been cleaned in the 11 years she has been
there.
Kathy Jordan said this was the first time she had been made aware of these
problems and made a motion the variance be tabled to the next meeting to meet
with both parties and also allow time to further investigate the complaints
made by Ms. Thurman. Bob Davis seconded the motion to table which carried
7-0.
(B) Privilege license management change - liquor, beer and wine pouring -
Casa Gallardo Mexican Restaurant, 2728 New Spring Road.
John Patterson said that Nancy Ellen Lach has applied as the new agent to
hold the pouring license for El Torito Restaurants, Inc., d/b/a Casa
Gallardo. The police investigation was favorable and there was no opposition.
Attorney Nancy Saul also represented E1 Torito Restaurants and said they have
sold all of their restaurants in the Atlanta area except for this one, and
were making quite a few management changes. Mr. Lach said she was the dining
room supervisor and had read and understood our ordinances.
With little discussion, Bob Davis made a motion the license be approved. Jim
Hawkins seconded the motion which carried 7-0.
(C) Privilege license management change - beer and wine package sales -
Majik Market, 3002 Atlanta Road.
John Patterson said that Robert C. Walburn has applied as the new agent to
hold the package license for Munford, Inc., d/b/a Majik Market. The police
investigation was favorable and there was no opposition.
Mr. Walburn said he was the Director of Property Management for Munford and
also held licenses in Marietta, Kennesaw and Atlanta. Mr. Walburn said he was
familiar with State and local ordinances and agreed to abide by them.
With little discussion, Wade Lnenicka made a motion the transfer be approved.
Jack Shinall seconded the motion which carried 7-0.
(D) Privilege license management change - beer and wine package sales -
Majik Market, 2498 Spring Road.
John Patterson said that Robert C. Walburn will also be the appointed agent
to hold the license for this location. There was no opposition, and Bob Davis
made a motion the license be approved. Wade Lnenicka seconded the motion
which carried 7-0.
(E) Privilege license management change - beer and wine pouring - Pizza Hut,
3815 South Cobb Drive.
John Patterson said that Conway Tucker is applying as the new agent for Pizza
Hut, to be the person responsible for the beer and wine pouring license. The
police investigation was favorable and there was no opposition.
Mr. Tucker said he was the District Manager for Pizza Hut and had applied for
licenses in Marietta and Cobb County and understood our laws and ordinances.
Mr. Tucker.said he was born in the Netherlands and was a naturalized citizen.
He has lived in Cobb County for the last 20 months.
Wade Lnenicka said that question #23 on the application, which asks if the
applicant agrees to abide by the laws and ordinances was not checked and made
a motion the transfer be approved subject to the original application on file
being completed before issuance of the license. Bob Davis seconded the motion
which carried 7-0.
February 20, 1989 meeting - continued
FORMAL BUSINESS:
(A) Set date to hear appeal of Recorders Court - Thomas Everett Wallace.
John Patterson said that Thomas Everett Wallace has appealed the decision of
Recorders Court of February 2, 1989, where he was found guilty and fined for
speeding. Bob Betenbaugh made a motion the appeal date be set for March 6,
1989. Kathy Jordan seconded the motion which carried 7-0.
(B) Ordinance amendment - Chapter 12, Massage Practitioner
Bill Scoggins said there are some minor changes still to be made in this
ordinance revision and made a motion it be tabled to March 20, 1989. Jack
Shinall seconded the motion which carried 7-0.
(C) Open bids: 1) Service truck; 2) Floor saw; 3) Remodeling of
Jonquil Pool bathhouse.
Bids for a new service truck with utility body and PTO Sullair compressor
were opened, read and recorded as follows:
Fouts Brothers $37,150
Southlake Ford No bid
Wade Lnenicka made a motion the bid be turned over to the Public Works
Committee for their recommendation back to full council. Bob Davis seconded
the motion which carried 7-0. John Patterson said the bid request had been
mailed to 14 vendors.
Bids for a new floor saw were opened, read and recorded as follows:
EEE Equipment No bid
BBJ, Inc. Alternate #1 - $4,305
Alternate #2 - $4,404
Alternate #3 - $4,070
Alternate #4 - $3,285
Bob Betenbaugh made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council. Wade Lnenicka
seconded the motion which carried 7-0.
Bids for the remodeling of Jonquil Pool bathhouse were opened, read and
recorded as follows:
Hatcher & Son $43,725
Cobb Home Improvement $29,833
Northwest Home Improvement $23,750
GCD Construction $24,804.50
Wade Lnenicka made a motion the bids be turned over to the Parks Committee
for their recommendation back to full council. Bob Betenbaugh seconded the
motion which carried 7-0.
(D) Appointment to Clean City Commission - Ward 1.
Bob Davis made a motion that Scott Adair be appointed to the Clean City
Commission representing Ward 1. Bob Betenbaugh seconded the motion which
carried 7-0.
(E) Validation of signatures to annex 40 acres in Land Lot 272 and 273.
John Patterson said that Henley Vansant, Senior Vice President of Barnett
Bank had requested the annexation of the vacant tract adjacent to Martha's
Vineyard Condominiums. Attorney Camp read the application as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent of the owners of the land area by acreage, as
described below, which is unincorporated and contiguous to the City of
Smyrna, hereby apply to have said area annexed into the City of Smyrna under
the provisions of laws of the State of Georgia, said property being annexed
being described as follows:
February 20, 1989 meeting - continued
All that tract or parcel of land lying and being in Land Lots 272 and 273 of
the 17th District, 2nd Section, Cobb County, Georgia, and being 42.50 acres
as shown per plat of survey thereof by Thomas M. Ginn, Sr., Georgia
Registered Surveyor No. 1549, dated March 10, 1988, which plat is made a part
hereof by reference for a more particular description and delineation, and
being more particularly described as follows:
BEGINNING at an iron pin at the common corner of Land Lots 233, 234, 271 and
272; thence south 88 degrees 31 minutes 34 seconds west along the northerly
land lot line of Land Lot 272 a distance of 1268.50 feet to an iron pin at
the common corners of Land Lots 272 and 305; thence south 00 degrees 57
minutes 30 seconds east along the westerly land lot line of Land Lot 272 a
distance of 1201.01 feet to an iron pin at the common corners of Land Lots
272, 273, 304 and 305; thence south 00 degrees 46 minutes 57 seconds east
along the westerly land lot line of Land Lot 273 a distance of 396.93 feet to
an iron pin; thence north 89 degrees 13 minutes 03 seconds east a distance of
196.57 feet to an iron pin; thence south 74 degrees 21 minutes 01 seconds
east a distance of 160.85 feet to an iron pin; thence north 13 degrees 50
minutes 43 seconds east a distance of 261.93 feet to an iron pin; thence
north 87 degrees 31 minutes 21 seconds east a distance of 492.50 feet to an
iron pin; thence south 68 degrees 49 minutes 38 seconds east a distance of
102 feet to an iron pin; thence north 83 degrees 57 minutes 12 seconds east a
distance of 141 feet to an iron pin; thence north 30 degrees 02 minutes 34
seconds east a distance of 254.17 feet to an iron pin located at the common
corners of Land Lots 232, 233, 272 and 273; thence north 01 degree 15 minutes
05 seconds west along the easterly land lot line of Land Lot 272 a distance
of 1198.22 feet to an iron pin at the common corners of Land Lots 233, 234,
271 and 272 and the point of beginning.
LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
All that tract or parcel of land lying and being in Land Lot 273 of the 17th
District, 2nd Section, Cobb County, Georgia, as per plat by Randy L.
Tibbitts, Georgia Registered Land Surveyor No. 2137, dated August 8, 1985,
and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, begin at the common corner of Land Lots 272,
273, 304 and 305, said district and section; thence south 00 degrees 46
minutes 57 seconds east a distance of 1248.0 feet to an iron pin found;
thence south 89 degrees 13 minutes 03 seconds west a distance of 70 feet to
an iron pin found; thence north 76 degrees 30 minutes 14 seconds west a
distance of 202.60 feet to an iron pin found; thence north 48 degrees 04
minutes 57 seconds west a distance of 205.0 feet to an iron pin; thence along
the easterly side of Vineyard Way an arc distance of 140.12 feet (a chord
bearing of south 34 degrees 54 minutes 08 seconds west a chord distance of
138.66 feet) to an iron pin and the point of BEGINNING; from said POINT OF
BEGINNING thence south 51 degrees 32 minutes 08 seconds east a distance of
194.96 feet to an iron pin; thence south 39 degrees 53 minutes 37 seconds
west a distance of 370 feet to an iron pin; thence north 50 degrees 55
minutes 10 seconds west a distance of 193.20 feet to an iron pin; thence
along the easterly side of Vineyard Way an arc distance of 104.46 feet
(having a chord bearing of south 41 degrees 45 minutes 23 seconds west a
chord distance of 103.65 feet) to a point; thence south 29 degrees 24 minutes
28 seconds west a distance of 86.02 feet to a point; thence continuing along
the easterly side of Vineyard Way an arc distance of 137.60 feet (having a
chord bearing of south 40 degrees 37 minutes 35 seconds west a chord distance
of 136.72 feet) to a point; thence south 51 degrees 50 minutes 42 seconds
west a distance of 31.25 feet to a point; continuing along the easterly side
of Vineyard Way an arc distance of 12.62 feet (having a chord bearing of
south 50 degrees 32 minutes 52 seconds west a chord distance of 12.62 feet)
to a point, the same being the point of beginning.
FURTHER LESS AND EXCEPT THE FOLLOWING PROPERTY:
Less and except all that tract or parcel of land lying and being in Land Lot
273, 17th District, 2nd Section, Cobb County, Georgia, as per plat by Gerald
T. Batchelor, Georgia Registered Land Surveyor #2236, dated April 27, 1984,
and being more particularly described as follows:
BEGINNING at an iron pin located on the easterly land lot line of Land Lot
273, said District and Section, which iron pin is located north 00 degrees 46
minutes 57 seconds west as measured along the easterly land lot line of Land
February 20, 1989 meeting - continued
Lot 273, said District and Section, a distance of 405.0 feet from the common
corner of Land Lots 272, 273, 304 and 305, said District and Section; thence
running north 00 degrees 46 minutes 57 seconds west as measured along the
easterly land lot line of Land Lot 273, said District and Section, for a
distance of 618.48 feet to an iron pin located on the southeasterly side of
Smyrna Powder Springs Road, having a right of way of 50 feet; thence running
south 63 degrees 30 minutes 56 seconds west as measured along the
southeasterly side of Smyrna Powder Springs Road for a distance of 253.0 feet
to an iron pin and corner; thence running south 13 degrees 50 minutes 43
seconds west for a distance of 485.0 feet to an iron pin and corner; thence
running south 76 degrees 09 minutes 17 seconds east for a distance of 156.32
feet to an iron pin; thence running north 89 degrees 13 minutes 03 seconds
east for a distance of 199.20 feet to an iron pin located on the easterly
land lot line of Land Lot 273, said District and Section, and the point of
beginning. This tract contained 3.652 acres.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION:
Witness the hands and seals of 60% of the record title holders of the land
described above: s/HENLEY VANSANT, SENIOR VICE PRESIDENT, BARNETT BANK
Jack Shinall said this property should definitely be inside our city limits
but there are some questions about ingress/egress since the only access is
through the Martha's Vineyard development off Smyrna Powder Springs Road. The
developers will be asking for a rezoning to RAD-4 and Mr. Shinall said there
are also some problems with the proposed zoning but made a motion the
annexation be advertised for a public hearing March 20, 1989. Bob Betenbaugh
seconded the motion which carried 7-0.
(F) Validation of signatures to annex property at 2854 Old Concord Road.
John Patterson said that John F. Gorman has requested the annexation of his
home on Old Concord and the application was read by Mr. Camp as follows:
We, the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent of the owners of the land area by acreage, as
described below, which is unincorporated and contiguous to the City of
Smyrna, hereby apply to have said area annexed into the City of Smyrna under
the provisions of the State of Georgia, said property being annexed being
described as follows:
All that tract or parcel of land lying and being in Land Lots 305, 306, 344
and 343 of the 17th District, 2nd Section, Cobb County, Georgia, and being
more particularly described as follows:
Beginning at an iron pin located at the southwest corner of Old Concord Road
and Floyd Drive and running southeasterly along the right of way of Old
Concord Road a distance of 106 feet to a point; thence southwesterly a
distance of 82 feet to a point; thence northwesterly a distance of 107 feet
to the southern right of way of Floyd Drive; thence continuing in an easterly
directions:along the right of way of Floyd Drive a distance of 107 feet to the
corner of Old Concord Road and Floyd Drive and point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident and record title
holders of the land area described above: s/JOHN F. GORMAN
Jack Shinall made a motion the public hearing date be set for March 20, 1989.
Bill Scoggins seconded the motion which carried 7-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval to request proposals for two (2) modular communication consoles
(B) Approval to request proposals for 2-way radio voting systems
(C) Approval to request proposals for 20-channel reel to reel voice
recording system
(D) Approval to request proposals for audit services
February 20, 1989 meeting - continued
Kathy Jordan made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT:
Bob Betenbaugh reported on parks activities.
Kathy Jordan said plans are underway for the Spring Jonquil Festival and
commended Kathy Barton for the excellent job she is doing with the Clean City
Commission.
Jack Shinall said the Fire Committee had met and approved the addition of
Contiki Jabalay to work in the Fire Department and throughout other
department teaching CPR and first aid classes. Her salary and expenses will
come from surplus funds in the Fire Department.
Jim Hawkins said the county will be setting a date for their 1% local option
sales extension and would like for us to have our referendum for the increase
in homestead exemption in conjunction with theirs.
Jim Hawkins said he was also happy to report that the roll -off container
would be back in place on Smyrna Hill Drive at the old sanitation office.
Wade Lnenicka reported the hours of operation for the roll -off container,
8:00 a.m. to 5:00 p.m., Friday, Saturday and Monday.
Wade Lnenicka asked everyone to be considerate of their neighbors and others
in the City by not speeding. Residents on Campbell Road have recently
expressed their concerns about traffic problems on their street and being hit
trying to leave their driveways.
Attorney Camp reported that the City will be in court this week on the Jebco
suit, for the zoning denial of their property at Hurt and Concord Road.
Mayor Bacon expressed his appreciation to Representative Fred Aiken for his
support and hard work during this term of the legislature.
With no further business, meeting adjourned at 8:42 p.m.
A. MAX BACON, MAYOR
BO,�B DA'Ad VIS, ARD 1
BILL SCOGGIN WARD 3
JACK SHINALL, WARD 5
BOB BETENBAUGH, WARD 7