Loading...
01-04-1988 First MeetingJanuary 4, 1988 The first meeting of the New Year was held at Smyrna City Hall on January 4, 1988, and 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 Al Turnell, pastor of First United Methodist Church followed by the pledge to the flag. CITIZENS INPUT• Nothing to report. CERTIFICATION OF ELECTION RESULTS: Superintendent Linda Smith read the results of the special election held December 29, 1987 to fill the Ward 7 council seat vacated by Hugh Ragan. A run-off election will be required January 12, 1988, since neither of the three candidates received a majority of votes cast. Jerry Mills made a motion the election results be certified. Jim Hawkins seconded the motion which carried 6-0. OLD BUSINESS FORMAL BUSINESS: (A) Validation of signatures to annex Watkins Freight Line property. John Patterson said for some time the annexation committee has been working toward bringing the Watkins Freight Lines property into the City which will unite the city limit boundaries on the east side of Oakdale Road and will provide a substantial tax base to the City. With the assistance of Chambers Development Company who desired to acquire some of the Watkins Freight Line property in order to round out their demolition landfill, Watkins has agreed to annex into the City. A corporate resolution has also been received from Wilwat Corporation authorizing Clifton H. Hawley, III as Vice President to sign for the corporation. 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 the laws of the State of Georgia. Said property being annexed being described as follows: TRACT I: All that tract or parcel of land lying in Land Lot 687 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Commence at an iron pin set at the intersection of Land Lots 687, 688, 753 and 754 of the aforesaid district; thence proceeding along the land lot line common to Land Lots 687 and 754 south 02 degrees 01 minute 50 seconds west 367.75 feet to a nail found on the northern right of way of Maner Road (a 50 foot right of way); thence running along said northern right of way north 66 degrees 08 minutes 17 seconds west 878.60 feet to an iron pin set on the eastern right of way of Oakdale Road (a variable right of way); thence running along said eastern right of way of Oakdale Road an arc distance of 35.54 feet (said arc being subtended by a chord bearing north 31 degrees 30 minutes 29 seconds east with a chord distance of 35.54 feet) to an iron pin set at the intersection of said right of way with the northern boundary of Land Lot 687; thence running along said northern boundary of Land Lot 687 south 88 degrees 41 minutes 35 seconds east 798.17 feet to an iron pin set at the intersection of Land Lots 687, 688, 753 and 754 of the aforesaid district and the true point of beginning; said property being shown on that certain as -built survey for Freight Terminals, Inc. prepared by Benchmark Engineering Corporation, dated April 4, 1986, last revised May 28, 1986, bearing the seal of A. Farrow Walls G.R.L.S. #2140, bearing Job No. 84076 and File No. 4-140. TRACT II: All that tract or parcel of land lying in Land Lots 687 and 754 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at a point located at the intersection of the northern right of wqy of Maner Road (a 50 foot right of way) with the northwestern right of way of Interstate Highway 285 (variable right of way), which point is located south 46 degrees 35 minutes 45 second January 4, 1988 - continued west 5.32 feet from a concrete right of way monument on said northwestern right of way of Interstate Highway 285; thence running south 46 degrees 35 minutes 45 seconds west 54.36 feet to an iron pin found at the intersection of the southern right of way of Maner Road and the northwestern right of way of Interstate Highway 285, said iron pin being the TRUE POINT OF BEGINNING; from the true point of beginning thus established continue along the northwestern right of way of Interstate Highway 285 south 46 degrees 35 minutes 45 seconds west 391.32 feet to a right of way monument on said northwestern right of way; thence continuing along said right of way south 39 degrees 07 minutes 38 seconds west 203.62 feet to a right of way monument on said right of way; thence continuing along said right of way south 35 degrees 24 minutes 08 seconds west 79.16 feet to an iron pin found at the intersection of said northwestern right of way and the western boundary of Land Lot 754 of the aforesaid district; thence leaving said right of way and running along property now or formerly of Corn Crib Corporation north 83 degrees 53 minutes 30 seconds west 820.78 feet to an iron pin; thence running along property now or formerly of Northside Trailer Repair, Inc. north 07 degrees 41 minutes 58 seconds west 179.27 feet to an iron pin; thence running along property now or formerly of Northside Trailer Repair, Inc. south 82 degrees 56 minutes 50 seconds west 451.51 feet to an iron pin on the eastern right of way of Oakdale Road (variable right of way); thence running along said eastern right of way north 12 degrees 38 minutes 37 seconds east 153.07 feet to an iron pin on said right of way; thence continuing along said right of way an arc distance of 199.28 feet (said arc being subtended by a chord bearing north 24 degrees 23 minutes 13 seconds east with a chord distance of 197.89 feet) to an iron pin on said right of way; thence continuing along said right of way north 36 degrees 07 minutes 49 seconds east 537.50 feet to an iron pin; thence continuing along said right of way an arc distance of 89.73 feet (said arc being subtended by a chord bearing north 34 degrees 49 minutes 08 seconds east a chord distance of 89.72 feet) to an iron pin set at the intersection of said eastern right of way with the southern right of way of Maner Road; thence running along the southern right of way of Maner Road south 66 degrees 08 minutes 17 seconds east 886.60 feet to an iron pin; thence continuing along said right of way south 66 degrees 29 minutes 43 seconds east 493.68 feet to an iron pin at the intersection of said southern right of way with the northwestern right of way of Interstate Highway 285 and the true point of beginning; said property being shown on that certain as -built survey for Freight Terminals, Inc. prepared by Benchmark Engineering Corporation dated April 4, 1986, last revised May 28, 1986, bearing the seal of A. Farrow Walls G.R.L.S. #2140, bearing Job No. 84076 and File No. 4-140. TRACT III: All that tract or parcel of land lying in Land Lot 754 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: All that tract or parcel of land lying in Land Lot 754 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the northern right of way of Maner Road (a 50 foot right of way) with the northwestern right of way of Interstate Highway 285 (variable right of way), which point is located south 46 degrees 35 minutes 45 seconds west 5.32 feet from a concrete right of way monument on said northwestern right of way of Interstate Highway 285; from said point of beginning running thence along the northern right of way of Maner Road north 66 degrees 29 minutes 43 seconds west 515 feet to the west land lot line of Land Lot 754; thence leaving said right of way and running north along the west line of Land Lot 754 a distance of 362.0 feet to the corner common to Land Lots 688, 687, 753 and 754; thence east along the north line of Land Lot 754 a distance of 615 feet; thence running in a southeasterly direction 242 feet to a point on the northwestern right of way of Interstate Highway 285; thence along said right of way south 52 degrees 41 minutes 54 seconds west a distance of 229 feet to the point of beginning. 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/CLIFTON H. HAWLEY, III, VICE PRESIDENT & GEORGE W. READY, JR., SECRETARY, FREIGHT TERMINALS, INC. Jerry Mills made a motion the petition be validated and the public hearing set for February 1, 1988. Kathy Jordan seconded the motion which carried 6-0. January 4, 1988 - continued PUBLIC HEARINGS: (A) Variance request - 3075 Jonquil Drive - paved parking. John Patterson said that David Caplan of Plantation Lighting is requesting a variance from the parking requirements specified in the Code to allow his employee's parking lot to remain unpaved. There was no opposition. Mr. Caplan said he recently added onto his building so that he could expand his business and remain competitive. This is a manufacturing location at the dead end of Jonquil Drive, not highly visible. It will cost $10,000 to $15,000 to pave the employee parking area in the back and Mr. Caplan said that financially it would place quite a hardship on him. Customer parking in the front is paved but the back parking lot has never been paved for his 85 employees. Bob Davis said he had a problem in granting a permanent variance to eliminate the parking requirements and made a motion Mr. Caplan be granted a 6 month extension to complete the parking provided his employees use the front paved parking area during that time. Jim Hawkins seconded the motion. Attorney Camp suggested the certificate of occupancy for the addition be issued temporarily until the parking is completed, and the motion and second were withdrawn. Bob Davis then made a motion a 6 month extension be granted for the parking requirements and that the certificate of occupancy be issued temporarily until the parking requirements are met. Also, employees will use the paved parking area in front of the building during the 6 month time period. Jim Hawkins seconded the motion which carried 6-0. (Z) Rezoning request - corner of Oak Drive & South Cobb Drive from Future Commercial to General Commercial. Jerry Mills said this zoning was tabled at the last meeting and since that time a letter dated December 23, 1987 was received from Virginia D. Coggins representing McDonald's, requesting that their application be withdrawn. Jerry Mills made a motion the zoning application be withdrawn, without prejudice. Jack Shinall seconded the motion which carried 6-0. (C) Variance request - increase density from 10 to 12 units for Due Northwest Developers. John Patterson said when Mill Pond development was zoned RM-12 by the county in 1983, there was a stipulation placed on the property that the development be limited to 10 units per acre. Due Northwest is requesting a variance to allow an increase in density from 10 to 12 units for a 20-acre parcel of the original tract. There was no opposition. Bit Rhodes with Due Northwest Developers and a representative from Club Properties were present to represent the applicants and stated the variance would allow them to provide a more attractive amenity package and better landscaping for their residents. The variance will allow about 40 additional units which will be accomplished by adding to the buildings originally presented. The topography on the back side adjacent to the single family homes is rough, and the setback on that side will probably be greater than what is called for. Since the increase in density will not change any setbacks, variances are not anticipated. Jim Hawkins made a motion the variance be approved to increase the density from 10 to 12 units per acre for this development. Jerry Mills seconded the motion which carried 5-1, with Joel Harrell opposed. IM&MAI +Trim (A) Trash Truck. John Patterson said at the November 16th meeting, a bid was awarded to Nalley Chevrolet for a flat bed trash truck. Since that time it was determined that there was an error in the Nalley bid and they have requested it be withdrawn. Joel Harrell made a motion the bid for the truck be awarded to Fouts Brothers Nissan for $21,935. Jack Shinall seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. January 4, 1988 - continued CONSENT AGENDA: (A) Approval of December minutes (B) Underground lighting system for Atlanta Road (C) Authorization of Mayor to execute agreement with Corn Crib, et al Jack Shinall made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 6-0. ADJOURNMENT: Mayor Bacon adjourned the first part of the meeting by stating the last 2 years have been successful ones and this council has accomplished as much as any ever has. Mayor Bacon read a list of accomplishments including the City Hall renovation, installation of the E911, water and sewer rehabilitation, South Cobb street lighting, 20-year feasibility study for the Library, acquisition of property for a new fire station, 3 new pumper trucks, completion of our first golf course, and many more. Mayor Bacon also said he had enjoyed serving with Joel Harrell the last 2 years and admired him for the stand he would take on issues even in the absence of controversy. Mayor Bacon presented the traditional crystal jonquil to Joel and his wife Jenny. Joel Harrell expressed his appreciation to his family, citizens of Ward 2 and city staff for their support during his term. Joel said his term of office was an invaluable experience that he would never forget and he had enjoyed it tremendously, but felt it was now time to pay a long overdue debt to his family. NEW BUSINESS Mayor Bacon welcomed Wade Lnenicka, the newly elected councilman to represent Ward 2 and introduced other members of council. OATH OF OFFICE: The oath of office was given to Mayor Max Bacon by State Court Judge Ken Nix. The oath of office was then administered to members of council by Judge Ken Nix as follows: Bob Davis Ward 1 Wade Lnenicka Ward 2 Jerry Mills Ward 3 Jim Hawkins Ward 4 Jack Shinall Ward 5 Kathy Brooks Jordan Ward 6 RECOMMENDATIONS & APPROVAL OF APPOINTED POSITIONS: Upon the recommendation of Mayor Bacon, Jerry Mills made a motion the following appointments be made: City Clerk Melinda Dameron City Attorney Charles E. Camp Recorders Court Judge C. V. Reeves Solicitor Mike Whaley Jim Hawkins seconded the motion to approve the appointments which carried 6-0. The oath of office to the City Clerk, City Attorney, Recorders Court Judge and Solicitor was then given by Judge Ken Nix. MAYOR'S APPOINTMENTS: Upon the recommendation of Mayor Bacon, Jerry Mills made a motion the following appointments be approved: Mayor Protem Jim Hawkins Chairman, Planning & Zoning Allen Potter Clerk, Civil Service Board J. Phagan Durham Bob Davis seconded the motion which carried 5-0, with Jim Hawkins abstaining. COMMERCIAL & RESIDENTIAL BUSINESS LICENSE FEES: Jack Shinall made a motion the 1988 commercial and residential business license fees be adopted the same as last year, with no increase. Jim Hawkins seconded the motion which carried 6-0. COMMITTEE ASSIGNMENTS: Mayor Bacon read the following list of committee assignments: January 4, 1988 - continued FINANCE & ADMINISTRATION Jim Hawkins, Chairman Insurance/Employee Welfare/Safety Jack Shinall Kathy Jordan PUBLIC WORKS Wade Lnenicka, Chairman Sanitation/Water/Streets/Garage Jerry Mills Bob Davis FIRE Jack Shinall, Chairman Emergency Management Wade Lnenicka Kathy Jordan POLICE Bob Davis, Chairman Communications Wade Lnenicka Jim Hawkins LIBRARY Kathy Jordan, Chairman Jack Shinall Ward 7 councilman COMMUNITY DEVELOPMENT Jerry Mills, Chairman Building Permits/Inspections/ Jim Hawkins Planning/City Marshal/ Ward 7 councilman Alcoholic Beverages PARKS & RECREATION Ward 7 councilman, Chairman Jerry Mills Bob Davis ANNEXATION Jack Shinall, Chairman Wade Lnenicka Jim Hawkins CLEAN CITY COMMISSION Kathy Jordan, Chairman Bob Davis Jerry Mills COUNCIL INPUT: Everyone welcomed Wade Lnenicka to council and stated they had enjoyed the last 2 year term and looked forward to the new 4 year term. Wade Lnenicka said he was very pleased to be able to represent the citizens of Ward 2 and the city for the next 4 years and was very honored to be a part of local government. With no further business, meeting adjourned at 8:57 p.m. A. BACON, R L�I:CJ v' BOB _D,AVIS, WARD 1 rK SHINALL H7ARD-5 4 Ell WADE LNENICKA, WA$D 2 /SLR J//OII /—'LfAdWAW" MM January 18, 1988 The regular scheduled meeting of Mayor and Council was held January 18, 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 for Jack Shinall, who was out of town on business. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by York Chambless, retired pastor of Trinity Baptist Church followed by the pledge to the flag.