03-03-1986 Regular MeetingMarch 3, 1986
The regular scheduled meeting of Mayor and Council was held March 3, 1986
pursuant to the Charter 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 Attorney Charles E. Camp, City
Administrator John Patterson, City Clerk Willouise Spivey, Assistant City
Clerk Melinda Dameron and representatives of the press.
Invocation was given by Nat Heath from Smyrna Presbyterian Church, followed
by the pledge to the flag.
CITIZENS INPUT:
Nothing to report.
PRESENTATION: Jim Hawkins presented the traditional crystal jonquil to Ken
Turner for chairing the Parks and Recreation Commission since July 1983. Ken
resigned from the commission because he and his family were moving out of
the Smyrna area.
DEPARTMENT REPORTS: Department reports were given by Police Chief R. E. Little,
Library Director Doris Morris and Emergency Management Director Jim Farley.
PUBLIC HEARINGS:
(A) & (B) Variance request for Cumberland Vail development at 1108 Creatwood
Place, Lot 10 and 1110 Creatwood Place, Lot 9.
John Patterson said that due to an error in the location of the corner stake,
TWB Development, Inc. was requesting a variance on front and side yard setbacks
on Lots 9 and 10 of Cumberland Vail. There was no opposition. Ross Tilton
represented TWB Development and said they discovered the error when the building
was almost completed. Both units were set too close on the front yard line
by 3� feet. Building ##10 was set too close to the side yard line by one-half
foot. Mr. Tilton said they have constructed 32 units already and have 22 more
to go. The other buildings are correct and have been checked,. After further
discussion Joel Harrell made a motion a variance be approved for Lot ##10 to
reduce the front setback from 25 to 21? feet and the side yard from 10 to
9' feet. Also, that a variance be approved for Lot ##9 to reduce the front
setback from 25 to 21� feet and that Mr. Tilton be fined a total of $500 for
the encroachment. Jerry Mills seconded the motion which carried 7-0.
(C) Show Cause Hearing - Mr. Steven Connolly, Sub -Station II, Belmont Hills
Shopping Center.
John Patterson said that on January 19, 1986, Steven Connolly was charged
with selling package beer to a customer for carry out which is a violation
of Section 3-48 of the City Code since Mr. Connolly only has a pouring license.
On January 30, 1986 he pled Nolo Contendere in Recorder's Court and was found
guilty and fined $500 with conditional release for 6 months. The hearing tonight
was originally scheduled for Februry 17th but was postponed to tonight at
the request of his attorney.
William N. Robinson represented Mr. Connolly and said they were not here to
object to the Recorder's Court decision or plead not guilty of the offense.
Mr. Robinson said Mr. Connolly was guilty of the offense and did not deny
it. Mr. Robinson asked that his client be restricted as council saw fit, but
to also give him another chance by letting him keep his privilege license.
Jack Shinall said the best thing Mr. Connolly had in his favor was the police
report stating there are no known prior problems at this location. Max Bacon
said that on February llth Mr. Connolly's license was taken and he has not
sold any alcoholic beverages since that time. Mr. Connolly stated he had lost
about $3,000 in business since his license was taken. After further discussion
Jack Shinall made a motion the pouring license at Sub -Station II be further
suspended until March 17, 1986 and that the license be placed on probation
for 12 months. If Mr. Connolly is found guilty for violations of any code
related to alcohol sales his license will be automatically and permanently
suspended, according to due process of law.. Bob Davis seconded the motion
which carried 7-0.
(D) Annexation of 42.102 acres - J. Steven Wilson, applicant.
March 3, 1986 - Continued
There was no opposition to the annexation request and Hugh Ragan made a motion
the 42.102 acres located in Land Lots 610, 615, 682 and 687 be annexed into
the City to become a part of Ward 7, the legal description having been read
and made a part of the minutes of the February 3, 1986 meeting. Kathy Brooks
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex 16.73 acres in Land Lots 330 and 331
- Nicholas Souris, applicant.
Attorney Charles E. 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 land lying and being in Land Lots 330 and 331,
17th District, 2nd Section, as per survey prepared by Paul E. Lee, Registered
Land Surveyor #k1715, dated December 6, 1985 for Bob Davies, consisting of
16.73 acres and being more particularly described as follows:
BEGINNING at a point located on the northeasterly right of way of Nickajack
Road 256.70 feet northerly as measured along the northeasterly right of way
of Nickajack Road from the corner formed by the intersection of the easterly
right of way of Nickajack Road and the northerly right of way of Cooper Lake
Drive; running thence north 60 degrees 33 minutes 11 seconds west an arc distance
of 264.08 feet if said arc were subtended by a chord a chord distance of 263.72
feet to a point; running thence north 55 degrees 38 minutes 27 seconds west
a distance of 82.55 feet to a point; running thence north 44 degrees 21 minutes
43 seconds west an arc distance of 286.42 feet if said arc were subtended
by a cnora a ctiora aistance oL pus
34 degrees 32 minutes 03 seconds wE
running thence north 34 degrees 41
of 95.22 feet it said arc were subt,
feet to a point; running thence no:
a distance of 318.53 feet to a point;
35 seconds east a distance of 342.
58 degrees 55 minutes 39 seconds ei
running thence north 63 degrees 00 m
feet to a point; running thence no.
a distance of 15.71 feet to a point;
33 seconds west a distance of 804.
78 degrees 44 minutes 33 seconds w(
running thence south 11 degrees 15 m
feet to a point, said point also being
41 Leer- -co a poinL; ruuniuy Llieiiue 11UL ui
st a distance of 318.20 feet to a point;
minutes 59 seconds west an arc distance
nded by a chord a chord distance of 95.19
th 54 degrees 14 minutes 39 seconds east
running thence north 55 degrees 02 minutes
.5 feet to a point; running thence north
st a distance of 201.52 feet to a point;
nutes 23 seconds east a distance of 307.09
th 66 degrees 10 minutes 53 seconds east
running thence south 01 degrees 02 minutes
11 feet to a point; running thence north
st a distance of 142.64 feet to a point;
nutes 27 seconds west a distance of 586.14
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 described by acreage:
s/NICHOLAS SOURIS
Hugh Ragan made a motion the signature be validated and the public hearing
set for April 7, 1986. Jack Shinall seconded the motion which carried 7-0.
(B) Closing of alleyway.
John Patterson said there is a 10 foot alleyway which is perpendicular to
Hunter Street running the depth of two lots adjacent to Ward Proctor and Jim
Nichols property. Mr. Nichols and Mr. Proctor have asked that the alleyway
be divided equally and conveyed to them. Jim Hawkins made a motion the alleyway
be divided and deeded equally to Mr. Proctor and Mr. Nichols with both parties
to equally divide all legal fees incurred. Jack Shinall seconded the motion
which carried 7-0.
11
March 3, 1986 - Continued
(C) Appointment to Clean Cities Commission.
Joel Harrell made a motion that Frank Adams be appointed to the Clean City
Commission representing Ward 2. Jim Hawkins seconded the motion which carried
7-0.
BID AWARD:
Joel Harrell said the apparent low. bidder for Phase
rehabilitation was Trescon Corporation and made a
be awarded to the low bidder, Trescon Corporation,
bid subject to review and approval of the scope of
engineers and approval of the contract documents,
Mayor to execute such contract documents on behalf
seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
II of the water and sewer
motion that the contract
based upon the unit price
the work by the consulting
and hereby authorize the
of the City. Jim Hawkins
(A) Bill Smith Grading Company requested a grading permit for the Lake Park
Technology Court. Hugh Ragan made a motion the permit be approved subject
to approval of the site plans by the City Engineer's office. Jim Hawkins seconded
the motion which carried 7-0.
(B) Atlantic Construction requested a building permit for an addition to
Security Glass Company at 2373 Ventura Road at a total estimted cost of $40,000.
Kathy Brooks made a motion the permit be approved subject to approval of the
Fire Marshal and Inspections Department. Jim Hawkins seconded the motion which
carried 7-0.
(C) Conoco Construction requested a building permit for new construction
of a brake and alignment shop at 2285 Ventura Road at a total estimated cost
of $110,000. Kathy Brooks made a motion the permit be approved subject to
approval of the Fire Marshal, Inspections Department and City Engineer's office.
Hugh Ragan seconded the motion which carried 7-0.
(D) B. L. Law Construction requested a building permit for remodeling of
Econo Auto Paint at 2849 South Cobb Drive at an estimated cost of $29,400.
Jack Shinall made a motion the permit be approved subject to approval of the
Fire Marshal and Inspections Department. Joel Harrell seconded the motion
which carried 7-0.
(E) Wilson Interiors requested a building permit for tenant space at 5000
Highlands Parkway inside the Highlands Overlook Building at a total estimated
cost of $30,000. Hugh Ragan made a motion the permit be approved subject to
approval- of the Fire Marshal and Inspections Department. Joel Harrell seconded
the motion which carried 7-0.
CONSENT AGENDA:
(A) City Hall renovations
(B) FY1986 Capital projects
(C) Approval of February minutes
Jim Hawkins made a motion the consent agenda be approved seconded by Joel
Harrell. Jerry Mills said he was not opposed to anything on .the list of FY1986
capital improvements and would vote for it. However it was discouraging that
he was new back on council and felt that these' items should be approved in
order of need rather than longevity of council. Vote on the motion to approve
the consent agenda carried 7-0.
COUNCIL INPUT: Bob Davis said all fire lanes in the City are being properly
marked and we will continue to issue the courtesy warning tickets through
March.
Bob Davis reported a meeting on March llth at Argyle School for an update
on the Spring Road connector.
Joel Harrell said that Phase II of the sewer rehab would be underway as soon
as the weather improves and asked that the citizens bear with us through
construction because it is for the betterment of the City. Phase I is being
finalized now.
March 3, 1986 - Continued
Jack Shinall said the Community Development Committee is having a meeting
with all holders of alcoholic beverage licenses. This will be an informal 1
meeting to be held March 20th at 7:00 p.m.
Jack Shinall said he recently represented Smyrna at a CMA meeting where Cobb
Commissoin Chairman Earl Smith presented a master zoning proposal for the
entire county. Basically there were no results from that meeting. Mr. Smith
was unyielding in his proposal but Jack said the plan does not fit in with
the plans of the City of Smyrna at this time.
Kathy Brooks said the swim team would have an organizational meeting March
13th and registration is now in progress for the March classes. Kathy also
said she would like to thank the people of Ward 6 for their patience during
the sewer rehab and assured them that it would be cleaned up.
John Patterson said renovation has just begun on City Hall with community
service volunteers doing the work. Basically we are taking space we have and
utilizing it to the fullest extent possible. The administrative offices are
being remodeled with other offices being subdivided. We should gain an additional
3 to 4 offices for personnel. The police department renovation will probably
begin when City Hall is complete.
With no further business, meeting adjourned at 8:25 p.m.
************************
March 17. 1986
The regular scheduled meeting of Mayor and Council was held March 17, 1986
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 Attorney Charles E. Camp, City Clerk Willouise Spivey,
City Administrator John Patterson, Assistant City Clerk Melinda Dameron and
representatives of the press.
Invocation was given by Reverend Bud Abbott from Smyrna First Baptist Church,
followed by the pledge to the flag.
Max Bacon read a proclamation commending the Wills High School Boys Basketball
team for winning the State AAAA championship game and presented it to the
coaches and players: Individual plaques were ordered for the coaches and
players but did not arrive in time for the presentation tonight. Jack Shinall
said he would take the plaques to Coach Neal's office tomorrow.
Randall Young, President of the Smyrna Business Association joined Mayor
and Council in commending the Wills team and staff for their great accomplishment
and extended an invitation to each of them to join the Smyrna Business Association
at their lunch meeting April 3rd at Aunt Fanny's Cabin. Randall said they
would also provide limousine service to and from the school.
CITIZENS INPUT: Larry Samples of Angla Drive expressed his opposition to
the proposed route of Phase IV of the East/West Connector and especially
the Concord Road connector. Mr. Samples said the City cannot take any more
traffic and was very concerned that the new roadway would funnel a great
deal of traffic onto Concord Road. Mr. Samples requested that council and
Smyrna citizens contact the county commissioners expressing their adamant
opposition to the construction of any road that would empty traffic onto
the Concord Road corridor. Max Bacon said he appreciated Mr. Samples' comments
and said they had already met with John Wade from Cobb County whose opinion
was that the connector would not dump any more traffic into the City but
the majority of council disagreed with that statement. They, too, are concerned
about the existing traffic problem we have and Mayor Bacon said he was very
much opposed to any exit or entrance ramp from Concord Road.
Hugh Ragan said this was an issue he had already planned to discuss at the
end -of the meeting. His personal feeling was that council should address
this issue soon because the commissioners should be voting on it in the very
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