04-15-1985 Regular Meeting (2)April 1, 1985 - Continued
the motion which carried 7-0.
Max Bacon made a motion that Bank Street be closed on April 20th from 8:30 a.m.
to 11:00 p.m. for the Jonquil City Spring Festival arts and crafts show and dance.,,
Kathy Brooks seconded the motion which carried 7-0.
Max Bacon made a motion that West Spring Street be closed April 20th from 1:00
p.m. to 2:00 p.m. for the Jonquil City Spring Festival- ugly dog contest. Hugh
Ragan seconded the motion which carried 7-0.
Bid Award: James Williams said that 3 bids were received on the first phase of
the sewer rehabilitation and they have been reviewed by Welker & Associates. The
low bidder on this project is Lovern Construction at $940,750.50. James Williams
made a motion the bid be awarded to Lovern Construction. Jim Hawkins seconded
the motion which carried 7-0. Jack Shinall said he was still getting complaints
about the sewer line put in at Stone Creek and Powder Springs Street and asked
Jim Belk to check into it.
Request for Bids: Jim Hawkins made a motion bids be requested for bleachers and
a new bridge at Cobb Park to be opened the next meeting. Jim said these are budgeted
items. Max Bacon seconded the motion which carried 7-0.
Speed Zone Ordinance: Attorney Camp read the entire speed zone ordinance submitted
by the State for approval. Max Bacon said he had not had time to completely review
the ordinance pertaining to the streets in his ward and would like to review it
more carefully before approving. Chief .Little. said that any deletions or changes
made by council would make those streets ineligible for radar use. After discussion,
Hugh Ragan made a motion the ordinance be tabled to the next meeting. Jim Hawkins
seconded the motion which carried 7-0.
Committee Reports: Max Bacon said that David May with Audio -Tech was here tonight
and hoped everyone would notice the big improvement in the sound system. Max also
reminded everyone of the special election tomorrow on the-l% sales tax.
(Parks) Sherry Reavis said King Springs Pool would open April 15th; also, they
are taking applications for booth requests for the Spring Festival and swim lesson
registration started today.
(Finance) Jack Shinall said the Finance Committee is still working on budgets
and the City Administrator position.
Announcements: Little League parade and opening day ceremonies April 13th; all -comers
youth track meet on April 13th; King Springs Pool opens April 15th; next council
meeting April 15th.
With no further business, meeting adjourned at 9:42 p.m.
April 15, 1985
The regular scheduled meeting of Mayor and Council was held April 15, 1985 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur T. Bacon. All Council members were present except for Hugh
Ragan. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey,
Police Chief R. E. Little, Fire Chief Larry Williams, Public Works Director Vic
Broyles, Parks and Recreation Director Sherry Reavis, Assistant City Clerk Melinda
Dameron, Emergency Management Director Jim Farley, Building Inspector Scott Stokes,
Civil Engineer Mike Hutchinson, Librarian Doris Morris and representatives of
the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
Citizens Reports: Kathy Barton and Elsie Rape invited everyone to the Jonquil
Spring Festival this weekend in conjunction with Keep America Beautiful Week.
There will be 20 different activities this weekend including a womanless wedding
with members of council and other officials participating.
Maurice Blount invited members of council to attend a Rose Garden Hills neighborhood
meeting to celebrate the completion of the first phase of their park sponsored
by the Smyrna Mens Club, on Saturday, April 27th from 1:00 to 3:00 p.m.
April 15, 1985 - Continued
Max Bacon made a motion the City Attorney be authorized to contact NIMLO regarding
this problem with a report back at the first meeting in May, if possible, with
the cost not to exceed $500. James Williams seconded the motion which carried
6-0.
Validation of Signatures: Attorney Camp read an application for annexation` by
E. C. Rackley as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and 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 444 of the 17th District,
2nd Section, Cobb County, Georgia, being more particularly described as follows:
BEGINNING at an iron pin set at the southwesterly intersection of Daniel Drive
and Atlanta Road (SR 3) and running southerly along the westerly right of way
of Atlanta Road, south 28 degrees 11 minutes 37 seconds east a distance of 480.23
feet to an iron pin set; thence north 88 degrees 07 minutes 01 seconds west a
distance of 519.24 feet to an iron pin found; thence north 01 degrees 51 minutes
57 seconds east a distance of 220.00 feet to an iron pin set at the south right
of way line of Daniel Drive; thence north 04 degrees 32 minutes 55 seconds east
a distance of 17.56 feet; thence north 12 degrees 39 minutes 39 seconds east a
distance of 102.21 feet; thence north 27 degrees 33 minutes 23 seconds east a
distance of 40.55 feet; thence north 69 degrees 13 minutes 27 seconds east a distance
of 40.40 feet; thence north 84 degrees 45 minutes 00 seconds east a distance of
205.45 feet to the southwesterly intersection of Daniel Drive and Atlanta Road
and the point of BEGINNING, being 3.63 acres as shown on plat of survey prepared
by Douglas R. Middleton, Registered Land Surveyor, dated 6-18-73.
Also, all that tract or parcel of land lying and being in Land Lot 444 of the
17th District, 2nd Section, Cobb County, Georgia, known as Atlanta Road (SR 3),
being more particularly described as follows:
BEGINNING at the center line of Atlanta Road (SR 3) at thesouth intersection
of Daniel Drive, said proerty being a strip of roadway 60 feet in width, lying
30 feet on either side of the center line; running thence southeasterly a distance
of 480.23 feet to the existing city limits.
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 60% of the electors resident in the area described below:
s/E. C. RACKLEY, MARY BENNETT, MARK R. RACKLEY, SCOTT C. RACKLEY
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/E. C. RACKLEY
Kathy Brooks made a motion the signatures be validated and the public hearing
set for May 6, 1985• Max Bacon seconded the motion which carried 6-0.
Validation of Signatures: Attorney Camp read an application for annexation by
C. J. & Betty Fouts as follows:
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and 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;
t 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being described
as follows, to wit:
TRACT A: All that tract or parcel of land lying and being in Land Lot 333 of
the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
April 15, 1985 - Continued
described as Follows:
BEGINNING at an iron pin located at the intersection of the northerly right of
way of the Seaboard Airline Railroad (which right of way is 120 feet at this point)
with the easterly right of way of North Cooper Lake Road (which right of way is
50 feet at this point); thence running north 07 degrees 34 minutes east along
the easterly right of way of North Cooper Lake Road a distance of 135.9 feet to
an iron pin; thence running north 89 degrees 50 minutes 30 seconds east a distance
of 601.0 feet to an iron pin located on the east land lot line of Land Lot 333;
thence running south 01 degrees 41 minutes east along the east land lot line of
Land Lot 333 a distance of 76.6 feet to an iron pin located on the northerly right
of way of the Seaboard Airline Railroad (which right of way is 120 feet at this
point); thence running south 84 degrees 29 minutes 30 seconds west along the northerly
right of way of the Seaboard Airline Railroad a distance of 624.0 feet to an iron
pin and point of beginning. Said tract containing 1.48 acres and designated as
Tract 6B as per plat of survey for Cousins Properties Incorporated by Watts &
Browning, Engineers, dated October 15, 1970, revised November 6, 1970, and revised
December 7, 1970.
TRACT. B: All 'that tract or parcel of land,. lying and being in Land Lot 388 of
the 17th District, 2nd Section, Cobb County, Georgia, and ,being more particularly
described as Follows:
BEGINNING at an iron pin at the corner common to Land Lot 334, 333, 387 and 388,1
thence running south 89 degrees 34 minutes east along the north land lot line
of Land Lot 388 a distance of 1,308.7..feet to an iron pin at the corner common
to Land Lots 387, 388, 406 and 405; thence running south 01 degrees 41 minutes
30 seconds east along the east land lot line of Land Lot 388 a distance of 644.1
feet to an iron pin located on the northeasterly right of way of the Seaboard
Airline Railroad (which right of way is 220 feet at this point); thence running
northwesterly along the northeasterly right of way of the Seaboard Airline Railroad
a distance of 403.9 feet (the chord of which is 401.52 feet on a magnetic bearing
of north 76 degrees 39 minutes 30 seconds west) to an iron pin; thence running
westerly along the northerly right of way of Seaboard Airline Railroad a distance
of 281.4 feet (the' chord of which is 281.21 feet on a magnetic bearing of south
88 degrees 29 minutes west) to an iron pin; thence running south 84 degrees 29
minutes 30 seconds west along the northerly right of way of the Seaboard Airline
Railroad a distance of 640.2 feet to an iron pin located on the west land lot
line of Land Lot 388; thence running north 01 degrees 41 minutes west along the
west land lot line of Land Lot 388 a distance of 630.2 feet to an iron pin and
point of beginning. Said tract containing 17.56 acres and designated as Tract
7 as per plat of survey for Cousins Properties Incorporated by Watts & Browning,
Engineers, dated October 15, 1970, revised November 6, 1970, and revised December
7, 1970.
TRACT C: All that tract or parcel of land lying and being in Land Lot 405 of�
the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
described as Follows:
BEGINNING at an iron pin located at the intersection of the west land lot line
of Land Lot 405 with the northeasterly right of way of the Seaboard Airline Railroad
(which right of way is 220 feet at this point); thence running north 01 degrees
41 minutes 30 seconds west along the west land lot line of Land Lot 405 a distance
of 578.0 feet to an iron pin; thence running south 89 degrees 34 minutes east
a distance of 401.9 feet to an axle; thence running south 00 degrees 44 minutes
east a distance of 840.6 feet to an iron pin located on the northeasterly right
of way of Seaboard Airline Railroad (which right of way is 220 feet at this point);
thence running north 52 degrees 50 minutes 30 seconds west along the northeasterly
right of way of the Seaboard Airline Railroad a distance of 237.4 feet to an iron
pin; thence running northwesterly along the northeasterly right of way of the
Seaboard Airline Railroad a distance of 240.7 feet (the chord of which is 240.19
feet on a magnetic bearing of north 59 degrees 19 minutes west) to an iron pin
and point of beginning. Said tract containing 6.35 acres and designated as Tract
16 as per plat of survey for Cousins Properties Incorporated by Watts & Browning,
Engineers, dated October 15, 1970, revised November 6, 1970, and revised December
7, 1970.
TRACT D: All that tract or parcel of land lying and being in Land Lot 387 of
the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly
described as Follows:
April 15, 1985 - Continued
Business License: Ennis M. Mallett requested a business license for Golden Needle
Tattoo at 560 Cherokee Road. Mr. Mallett was not present and Police Chief Little
said he had advised Mr. Mallett's attorney today that the investigation was not
complete and it would not be necessary for him to attend tonight. Kathy Brooks
made a motion the application be tabled to the next meeting. Max Bacon seconded
the motion which carried 6-0.
Mayor Bacon said that Hugh Ragan was out of town on business this week.
Residential Business License: Barry Sharp requested a residential business license
for Sharp Transfer, 2556 Cotton Street. Mr. Sharp said he was the owner/operator
of the truck used for his business and would use his home only for paperwork.
Mr. Sharp said he needs the license because he hires people to work for him at
his two accounts in Jonesboro and Fulton Industrial Boulevard but these people
would not be working at his home. Bob Davis asked Mr. Sharp if he was familiar
with the home occupation ordinance and he stated that he was. Bob Davis asked
what kind of vehicle would be parked at his home. Mr. Sharp said he had a Volvo
singleaxle truck which would fit into a regular size parking space, and also a
1979 Grand Prix. He had permission from the apartment owners and always parked
the tractor in a space provided for him by the complex. Jim Hawkins told Mr. Sharp
that he was not in violation of any law by doing paperwork in his home and could
not understand why he needed the license. Mr. Sharp said the license would make
his business easier because of occasional claims he has to handle and for tax
1 reasons. After further discussion, Bob Davis made a motion the license be approved,
seconded by James Williams. Jim Hawkins said he would vote against the motion
because he did not believe Mr. Sharp needed the license. Vote on the motion carried
5-1, with Jim Hawkins opposed.
Variance: Jack N. Halpern requested a variance to allow more than one building
per lot and reduce the front setback for a hamburger kiosk at South Cobb Plaza.
Jack Shinall said since this was tabled at the last meeting they had done a lot
of work and found kiosks in every shopping center. Mike Hutchinson said he had
contacted Cobb County about their requirements and they allow the kiosks and have
no restrictions such as ours. He also had information from Clayton County that
basically said the same thing. Mr. Halpern said they would like to withdraw the
request to reduce the front setback. There was no opposition and Jack Shinall
made a motion the variance be granted with the stipulation that Mike Hutchinson
review the parking lot to be sure there is adequate parking and that the traffic
flow would not be impeded. Jim Hawkins said we should get the zoning board to
study this and possibly change our ordinance to conform with the county's. Jim
Hawkins seconded the motion which carried 6-0.
Variance: Alan R. Perry for Bellsouth Mobility, Inc. requested a variance on
the 500 foot setback requirement and also to raise the height of their tower on
Corn Road from 80 feet to 180 feet. Bob Davis said he received a letter from Mr.
Perry requesting that this be tabled to the May 6th meeting because he had not
been able to obtain approval from the adjoining property owners. Bob Davis made
a motion the variance be tabled to May 6, 1985. James Williams seconded the motion
which carried 6-0.
Variance: David E. Barnett requested a variance on the rear yard setback for
an addition to his home at 2734 Parkwood Road. There was no oppositon. Mr. Barnett
was present and said he would like permission to build a den onto the rear of
his home. Jack Shinall said this was a unique situation because this house was
built on the very back corner of the property, making it almost impossible to
add onto without a variance. Jack said Mr. Barnett had letters from the adjoining
neighbors stating they had, no objections and he also had personally talked to
several others in the area. Jack Shinall made a motion the variance be approved.
Max Bacon seconded the motion which carried 6-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Scott Stokes and recorded as follows:
1) Carlson Georgia Corporation requested a building permit for tenant space at
1955 Lake Park Drive at a total estimated cost of $150,000. Jim Hawkins 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) A-B Dick requested a building permit for tenant space at 4300 Highlands Parkway
at a total estimated cost of $450,000. Jim Hawkins 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.
April 15, 1985 - Continued
3) Smyrna Hospital, 3949 South Cobb Drive requested a building permit for an
addition to the building at a total estimated cost of $60,000. Max Bacon made e,
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.
Ordinance Amendment: Bob Davis said our advertising fees for liquor, beer and
wine license is not enough to cover the newspaper cost and read the following
proposed amendments:
That Section 3-14(d) be deleted in its entirety and replaced with the following:
Sect. 3-14. Filing original application; form; contents --Spirituous liquors.
(d) Upon filing of the application for a spirituous liquor license with the license
department, the City shall require the applicant to deposit a processing fee as
directed by the governing body to cover the expense of advertising, investigation
and processing of the application and said fee is not refundable.
That Section 3-15(c) be.deleted in its entirety and replaced with the following:
Sect. 3-15. Same --Malt and vinous beverages.
(c) Applicant for a malt beverage or wine license shall deposit a fee as directed
by the governing body to cover advertisement costs.
Attorney Camp suggested the word "deposit" be changed to "pay." Bob Davis made
a motion the ordinance amendments be approved with the one change suggested bye.
Mr. Camp. Jack Shinall seconded the motion which carried 6-0.
Bob Davis made a motion the application fee for liquor licenses be set at $200,
and beer and wine application fees at $100 each. Max Bacon seconded the motion
which carried 6-0.
Bid Opening: Bids for bleachers and a bridge for Cobb Park were opened, read
and recorded as follows:
Leisure Lines
Stadiums Unlimited
Hunter-Knepshield
Dominica Recreation
$3,176 Bleachers
$3,497 Bridge
$2,542 Bleachers
No bid on bridge
$2,440 Bleachers
$4,287 Bridge
$3,620 Bleachers
$2,937 Bridge
Jim Hawkins made a motion the bids be turned over to the Parks Committee with
their recommendation back to council at the next meeting. Jack Shinall seconded
the motion which carried 6-0.
Bid Opening: Only one bid was received for the workmans compensation and it was
opened, read and recorded as follows:.
Northwest Insurance Agency $107,221
Jim Hawkins made a motion the bid be turned over to the Insurance Committee with
a recommendation back at the next meeting. Max Bacon seconded the motion which
carried 6-0.
Speed Zone Ordinance: Jim Hawkins made a motion the speed zone ordinance be approved
as originally submitted to the State. James Williams seconded the motion which
carried 6-0.
Max Bacon said for several months he has had an on -going problem with the Seaboard
Railroad passing track constructed behind Argyle Estates and as of today, the
problem is worse than ever. The track is at Ann Road, and the railroad is using.
it for an extra yard with engines running constantly. Max Bacon made .a motion\
the City Attorney be authorized to contact the National Institute of Municipal
Law Officers (NIMLO) and the resources available to them in finding a solution
to this problem. Max said he did not think this was an isolated case and this
organization reviews ordinances and different problems from all over the country.
April 15, 1985 - Continued
BEGINNING at an iron pin set at the corner common to Land Lots 334, 387, 333
and 388, thence running north 00 degrees 22 minutes west along the west land
lot line of Land Lot 387 a distance of 435.3 feet to an iron pin found at the
north right of way of Nowlin Drive; thence continuing along the west land lot
line of Land Lot 387 a distance of 223.7 feet to an iron pin found; thence running
south 89 degrees 52 minutes east a distance of 530.0 feet to an iron pin set;
thence running south 00 degrees 12 minutes east a distance of 657.4 feet to an
iron pin found at the south land lot line of Land Lot 387; thence running south
89 degrees 41 minutes west along the south land lot line of Land Lot 387 a distance
of 530.0 feet to an iron pin at the point of beginning. Said tract containing
8.0 acres as per plat of survey for C. J. & Betty Fouts by A. 0. Carlile, Registered
Land Surveyor, dated March 30, 1971.
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 60% of the electors resident in the area described below:
s/C. J. FOUTS & BETTY FOUTS
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/C. J. FOUTS & BETTY FOUTS
Max Bacon made a motion the signatures be validated and the public hearing set
for May 6, 1985. James Williams seconded the motion which carried 6-0-
Committe6" Reports:' (inspections) Kathy Brooks said that Mike Hutchinson was
working on some changes in the ordinance and procedures that would soon be presented
for adoption.
Kathy Brooks said she had a report last Saturday that the custom auto paint store
on Cherokee at Old Spring was testing an orange colored car at a high rate of
speed on Burbank Drive and asked Chief Little to look into it.
(Finance) Jack Shinall said the Finance Committee has narrowed the applications
for City Administrator down to 16 and they hoped to begin interviewing no later
than April 29th. Jack said the budgets have gone back to the Department Heads
and asked the cooperation of the committee chairmen and members to work with
them in getting the budgets down to a realistic figure that we can live with.
Jack Shinall said that the City of Marietta felt they had been hurt by the recent
de -annexation of property by the legislature. Jack said the precedent set by
the legislature was not good for our cities but congratulated them on taking
some action.
(Parks) Sherry Reavis said the Parks and Recreation offices have moved to the
gray house at the corner of King and Bank. Sherry reported on the upcoming Spring
I Festival with activities including live entertainment, barbecue, craft fair booths
and softball tournaments. Also, King Spring Pool opened tonight and registration
for swim classes has begun.
Jim Hawkins read a letter addressed to the Mayor and Council from the Pony League,
inviting them to their opening day ceremonies April 20th at Cobb Park.
Max Bacon said a drainage pipe on Walker Court at Spring Street needs replacing
and has been approved under the CDBG grant. However, if the work is not completed
soon we may lose the funds appropriated for this project. Max said the material
for the job was on hand but they would like to bid the installation due to manpower
shortage in the Public Works Department. Max made a motion the rules be suspended.
Jim Hawkins seconded the motion which carried 6-0. Max Bacon made a motion proposals
be accepted for the installation of the pipe, to be returned at the May 6th meeting.
James Williams seconded the motion which carried 6-0.
Max Bacon said that Mary Ann Lasseter, Coordinator for the Clean City Committee
just had her first baby and wished her well.
Jack Shinall asked Vic Broyles about the last paving done under the LARP program
and stated they had not done a very good job. Vic said the City does not have
much control over that; the paving and inspection is handled through the State.
Vic said he could contact the inspectors to see when they could be back to finish
up.
April 15, 1985 - Continued
(Library) Doris Morris said this was National Library Week through April 20th
and asked everyone to visit the library.
C'
Bob Davis said the permit to work longer hours for the office development one
Lake Park Drive has worked out well and the developers have really worked together
with the homeowners in the area.
Announcements: King Springs Pool opens today; Jonquil Breakfast April 17th;
Jonquil City Spring Festival April 19th through 21st; Cobb Park opening day April
20th; next council meeting May 6th.
With no further business, meeting adjourned at 8:44 p.m.
ARTHUR T. BACON, MA OR WILLOUISE C. SPIVEY, C CLERK
Bit
DAVIS, WA MAX BACON, WARD 2
i
JA E L-I-INS, WARD 3 JAMES M. HAWKINS, WARD 4
SHINALL, WARD 5 KATHY BRO , WARD 6
g-a ee"'Cle-�
HUGH RAG , WARD
f
t
CITY MARSHAL
I, Scott Stokes , do solemnly swear that I will well
and truly demean myself as City Marshal of the City of Smyrna for the
time I serve in this capacity, and that I will faithfully enforce the
Charter and Ordinances of said City to the best of my ability, without
fear or favor, and in all my actions as CITY MARSHAL act as I believe
for the best interest of said City. So me God.
Scott Stokes
Subscribed and sworn to before
me this 31st day of May, 1985
Aithur T. Bacon, Mayor
CIVIL SERVICE BOARD MEMBER
I, John Davis , do solemnly swear that I will well and truly
demean myself as Civil Service Board member of the City of Smyrna for the
time:I,aserve in this capacity, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without fear or favor,
and in all my actions as CIVIL SERVICE BOARD MEMBER, act as I believe for the
best interest of said City. So help me God.
Subscribed and sworn to before
me this 3rd day of June, 1985.
James M. Hawkins, Mayor Protem