07-05-1988 Regular MeetingJuly 5, 1988
The regular scheduled meeting of Mayor and Council was held July 5, 1988 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 except Bob Davis.
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 Grady Love, pastor of Smyrna Presbyterian Church
followed by the pledge to the flag.
Mayor Bacon said that Bob Davis was out of town and having car trouble, and would
not be able to make it.
CITIZENS INPUT: Former Mayor Harold Smith presented a proposed resolution to be
sent to the editors of National Geographic reprimanding them for a recent article
in which they referred to Smyrna as "redneck". Mr. Smith also read the letter he
had sent to them and said he was very upset with the article. Mayor Bacon said had
received many calls about it but suggested we postpone adopting the resolution
since we have been in touch with the editors to express our displeasure and they
have promised to do a correct profile on Smyrna. Jim Hawkins made a motion the
resolution be tabled. Jack Shinall seconded the motion which carried 5-0.
Mayor Bacon recognized Ward 3 candidates Bill Scoggins and James Williams; also
Eastern District Commissioner Emmett Burton.
DEPARTMENT REPORTS: Reports were given from Public Works, Parks and Recreation
and Clean City Commission.
PUBLIC HEARINGS•
(A) Annexation of 5.65 acres in Land Lot 677
John Patterson said that R. L. Potts, S. H. Hudson and Harry P. Jiles have
requested annexation of this property which is just south of Camp Highland Road on
the east side of South Cobb Drive. The legal description was read at the June 6th
meeting and it has been advertised. There were three people who raised their hand
in opposition and representatives of both sides were sworn in by Attorney Camp.
Carol Sneed, a resident of Camp Highland Road at Manor Street said she did not
feel we need another shopping center at this location; there are currently
shopping centers at Camp Highland and South Cobb, Cooper Lake and South Cobb and
Oakdale Road and South Cobb, none of which are at full capacity. There is existing
vacant land already in the City which is available for rezoning. Residents there
do not want to see another annexation in that area and they do not want to be
annexed.
Jim Hawkins said the property is already zoned for a shopping center and it will
be built regardless of whether or not the property is in the city or county; the
owners, however, have requested the annexation. Mr. Hawkins said he felt they
requested the annexation for better services than the county could provide and
also to benefit from the lower fire rating which will save them money.
Mayor Bacon said we are not going to force anyone into the City; we annex only at
the request of the property owners.
Bob Rider represented Newport Center Development Corporation and presented
renderings of the proposed shopping center. Mr. Rider said they were primarily
interested in the services the city could provide to them and for that reason,
were requesting the annexation.
After further discussion, Bob Betenbaugh made a motion the property be annexed
into the City to become a part of Ward 7. Jack Shinall seconded the motion which
carried 5-0.
FORMAL BUSINESS•
(A) Validation of signatures to annex property at 4558 Lois Street.
John Patterson said that Virginia Foster has requested the annexation of this
property which will be assimilated with the 5.65 acres just annexed for the new
development. Attorney Camp read the application as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident
July 5, 1988 meeting - continued
and 60% 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 laws of the State
of Georgia, said property being annexed being described as follows:
All that tract or parcel of land lying and being in the 17th District, 2nd Section
of Cobb County, Georgia, being a part of Land Lot 677 and being subdivision lots
Nos. 19 and 20 of the M. H. Aderhold subdivision, as shown by plat thereof made by
Paul Hensley, County Surveyor, September 29, 1940, and recorded in Plat Book No.
4, page 108, Cobb County records, and more particularly described as follows, to
wit:
BEGINNING at a point on Lois Street as shown on said plat, which point is 300 feet
south from Oakdale to Camp Highland Road and running thence south along the east
side of Lois Street 200 feet to Lot 21 of said subdivision, thence west along the
north side of said Lot 21 a distance of 120 feet to a point; thence north 200 feet
to a point; said line being parallel with Lois Street; thence east along the south
side of Lot 18 of said subdivision, a distance of 120 feet to Lois Street and the
place of beginning, said lots fronting 100 feet each on Lois Street and running
back 120 feet.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident in the annexed area:
s/VIRGINIA FOSTER
Bob Betenbaugh made a motion the petition be validated and the public hearing set
for August 1, 1988. Jack Shinall seconded the motion which carried 5-0.
(B) Sewer easement quitclaim.
John Patterson said Phase IV of our sewer rehabilitation project will include
several lines to cross through properties owned by Raymond Reed. As part of the
negotiations in procuring easements for the new lines, Mr. Reed has requested that
the old sewer easements be formally and officially quitclaimed back to him.
Wade Lnenicka made a motion the Mayor be authorized to sign the quitclaim
documents for the old easements through the Raymond Reed properties. Bob
Betenbaugh seconded the motion which carried 5-0.
(C) Application for annexation of 2.77 acres at 210 Belmont Circle.
John Patterson said that Florence C. Bradley has requested the annexation of this
property on Belmont Circle, across from Turner Drive. Attorney Camp read the legal
description as follows:
We the undersigned, who constitute sixty percent (60%) 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 laws 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 Lot 446 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly described
as follows:
BEGINNING at the intersection of the centerline of Turner Drive and the westerly
right of way of Belmont Circle; go south 01 degrees 05 minutes 27 seconds west a
distance of 104.16 feet along the westerly right of way of Belmont Circle to a
point; thence go south 88 degrees 18 minutes 23 seconds east a distance of 40.00
feet to the easterly right of way of Belmont Circle which is the true point of
beginning; thence go north 01 degree 05 minutes 27 seconds east a distance of
233.93 feet along the easterly right of way of Belmont Circle to a point; thence
go south 87 degrees 06 minutes 08 seconds east a distance of 189.62 feet to a
point; thence go north 02 degrees 53 minutes 52 seconds east a distance of 12.00
feet to a point; thence go south 87 degrees 06 minutes 08 seconds east a distance
of 322.64 feet to a point; thence go south 01 degrees 29 minutes 04 seconds west a
distance of 235.16 feet to a point; thence go north 88 degrees 18 minutes 23
seconds west a distance of 510.80 feet to a point along the easterly right of way
of Belmont Circle which is the true point of beginning containing 2.77 acres.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
July 5, 1988 meeting - continued
Witness the hands and seals of 60% of the record title holders of the land
described above: s/FLORENCE C. BRADLEY
Kathy Jordan made a motion the petition be validated and the public hearing set
for August 1, 1988. Jack Shinall seconded the motion which carried 5-0.
(D) Extension of water ban.
John Patterson said at the first meeting of June, council adopted the regional
water ban to not allow any outside watering from 12:00 noon to 9:00 p.m., 7 days a
week, with watering during the non -ban hours on the odd/even basis. This ban was
to extend through June 30th until conditions could be reassessed. The water
authority is currently evaluating conditions in reference to the EPD guidelines
and it is hoped the current ban will continue and not become more stringent.
Wade Lnenicka made a motion the existing ban as described by Mr. Patterson be
extended indefinitely until brought back before council by the Public Works
Committee. Kathy Jordan seconded the motion which carried 5-0.
BID OPENING•
Bids for a new copier for the Parks and Recreation Department were opened, read
and recorded as follows:
Minolta Business Systems $4,855.36
Xerox Corporation $10,401.00
First Copy Corporation $5,853.00
Bob Betenbaugh made a motion the bids be turned over to the committee with their
recommendation back to full council. Jim Hawkins seconded the motion which carried
5-0.
COMMERCIAL BUILDING PERMITS:
(A) ADE Builders, Inc. requested a building permit for an adult psychiatric unit
at Brawners Hospital at an estimated cost of $650,000. Wade Lnenicka made a motion
the permit be approved. Jack Shinall seconded the motion which carried 5-0.
CONSENT AGENDA:
(A) Approval to purchase property: Joe Magaro, 960 Powder Springs Street
S. C. Carter, 2822 Atlanta Road
(B) Authorization to solicit bids for public works equipment
(C) Permission to solicit bids for Community Development vehicle
(D) Approval of June minutes
Wade Lnenicka made a motion the consent agenda be approved. Jim Hawkins seconded
the motion which carried 5-0.
COUNCIL INPUT: Members of council reminded the Ward 3 residents to vote in the
July 12th election and congratulated the Parks staff the beautiful fireworks
display on the 4th of July for the largest crowd ever.
With no further business, meeting adjourned at 8:38 p.m.
Al
A. MAX BAC16N, MAYOR
BOB AVIS, WARD