04-06-1987 Regular Meeting3$
April 6, 1987
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on April 6, 1987 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 Mike Wheeler, pastor of King Springs Baptist Church,
followed by the pledge to the flag.
Mayor Bacon introduced Stacy Wheeler, the 1987 "Miss Jonquil Festival" and
congratulated her.
Bob Davis read a proclamation for "Communications Week" in the City.
Joel Harrell read a resolution regarding the proposed widening of Atlanta Road
expressing the City's support for the widening of the road but also as being
opposed to the raised median and made a motion it be adopted. Jim Hawkins
seconded the motion which carried 7-0. Copies of the resolution will be mailed
to the State Department of Transportation, Cobb County Commission members and
Cobb County Engineering Department.
CITIZENS INPUT:
Nothing to report.
DEPARTMENT REPORTS: Reports were given from the Parks Department, Library and
Clean City Committee. Joel Harrell gave a report from the Public Works
Department in the absence of Vic Broyles.
PUBLIC HEARINGS:
(A) Variance request at 6000 and 6200 Highlands Parkway to reduce distance
between buildings.
John Patterson said that Archie Jenkins was representing Wilson Development in
their request to reduce the distance between buildings from 40 feet to 35
feet. There was no opposition.
Mr. Jenkins said the topography of the land necessitated a variance on
construction of these two buildings and rather than encroach upon the adjacent
land owners to either side, decided it would be best to place the two
buildings closer together. The ordinance requires a distance of 40 feet
between buildings and they were asking for a reduction to 35 feet.
Hugh Ragan said council was familiar with Highlands Park and was pleased with
their quality developments. Council has previously set a precedence in
assessing fines on variances where construction has already begun. Mr. Jenkins
stated tonight that the pad has been poured at the 6000 building and the
foundation walls and columns poured in the 6200 building, and did not know if
that particular policy would apply in this case since it was not brought
forth at the agenda meeting on Thursday night. After further discussion, Hugh
Ragan made a motion the variance be approved. Jim Hawkins seconded the motion
which carried 7-0.
(B) Privilege license request - Cobb Center Jewelry & Pawn, 2175 Old Concord
Road.
John Patterson said that Mr. Chaim Oami has submitted an application for a
pawn shop at this location, formerly Eastside Trading Post. The police
investigation was favorable and there was no opposition from the audience.
Kathy Brooks asked Mr. Oami if the Eastside Trading Post was still in
business. Mr. Oami said it is, and he is a part owner of that corporation but
would take over the business if the license was approved. He has been in the
pawn shop business before, operating as Fidelity Jewelry and Loan on Delk Road
and is still part owner and maintains that business. Mr. Oami said he had read
our ordinances on pawn shops and completely understood the reporting
procedures.
Jack Shinall said the application stated this would be a corporation and asked
Mr. Oami why other officers weren't listed. Mr. Oami said the corporation was
in the formative stages and he had the name reserved for the corporation but
at this time there were no other people who had any interest in the company.
April 6, 1987 - continued
Once applied for, Mr. Oami said he understood that he must report the names
and addresses of those officers and they would also be subject to the same
background investigation.
Jack Shinall said the application was also not completed by failure to give
the addresses of his personal references. Jack Shinall asked Mr. Oami if he
dealt in gold and he said he did, but very little. Jack asked if he had a
license to deal in gold at that location and Mr. Oami said he was going to
apply for a retail license in addition to the pawn license, but everything was
pending on approval of the pawn license. If not approved, he would close this
business.
Mayor Bacon asked Chief Little if the police department has had any problems
at this location with Eastside Trading, and the answer was no.
Bob Davis said one very important question on the application had also been
left unanswered, involving prior arrests or convictions. Mr. Oami said the
answer was no, and the omission of that answer was simply an oversight.
There was considerable discussion about reporting requirements for gold or
precious metals, including pictures of items being pawned. Mr. Oami said they
have never made pictures during their operations at Eastside Trading Post, and
the police department has never required them to do so. Attorney Camp read a
portion of the precious metals dealers ordinance which states that pictures
are required of the sellers. Jim Hawkins said it would seem that two different
licenses would be required for a pawn broker if he is also dealing in gold or
other precious metals. Jack Shinall said the pawn brokers he knew were taking
snapshots in sales of gold or precious metals.
After further discussion, Kathy Brooks said the police investigation was
favorable and this is a previously licensed establishment, and made a'motion
the license be approved. Jim Hawkins seconded the motion which failed 4-3,
with Hugh Ragan, Jack Shinall, Jerry Mills and Bob Davis opposed.
FORMAL BUSINESS:
(A) Validation of signatures to annex property at 4343 Fawn Lane.
Attorney Camp read an application for annexation of 4343 Fawn Lane in Land Lot
243, signed by Glen J. and Leah E. Mehlsack 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 243 of the 17th
District, 2nd Section, Cobb County, Georgia, being more particularly described
as follows:
BEGINNING at an iron pin at the corner common to Land Lots 243, 244, 262 and
261; thence running west along the south line of Land Lot 243 a distance of
152.7 feet to a point where the south line of Land Lot 243 intersects with the
northerly right of way line of Seaboard Coastline Railroad; thence running
northwesterly a distance of 253.1 feet to a point on the south right of way of
the cul-de-sac of Fawn Lane; thence running along the right of way line of
Fawn Lane a distance of 111.5 feet; thence leaving said right of way and
running in a southeasterly direction a distance of 319.1 feet to the east line
of Land Lot 243; thence running south along the east line of Land Lot 243 a
distance of 43 feet to the corner common to Land Lots 243, 244, 262 and 261
and 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/GLEN J. MEHLSACK & LEAH E. MEHLSACK
Hugh Ragan made a motion the signatures be validated and the public hearing
set for May 4, 1987. Kathy Brooks seconded the motion which carried 7-0.
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April 6, 1987 - continued
(B) Set date to hear appeal of Recorders Court.
John Patterson said that William Mathis has requested an appeal of the
Recorders Court decision of March 12, 1987 where he was found guilty of
violation of Sections 11-20 and 11-23 (cleanliness of premises; nuisances).
Jerry Mills made a motion the appeal be heard April 20, 1987. Jim Hawkins
seconded the motion which carried 7-0.
(C) Approval of 5 streets for radar use.
John Patterson said that several months ago the Mayor and Council approved the
addition of several streets for radar use. This list was reviewed by the State
and one of the streets, Pat Mell Road, deleted by them. Jim Hawkins read the
list of streets to be added to our speed zone ordinance as follows:
Highlands Parkway South Cobb Drive (SR280) west to the 35MPH
dead end a distance of 1.7 miles
King Springs Road Hayes Drive southwest to South Cobb 35MPH
Drive (SR280) a distance of .5 miles
Old Concord Road Hickory Acres Drive north to Jones 35MPH
Shaw Road a distance of 0.5 miles
South Cobb Drive Beginning at I-285 (M.L. 0.74) north 50MPH
(SR280) to Kenwood Drive (M.L. 1.13), a
distance of 0.39 miles
Beginning at Kenwood Drive (M.L. 1.13) 55MPH
north to Ridge Road (M.L. 3.03) a
distance of 1.90 miles
Concord Road Woodvalley Drive west to Deerwood 35MPH
Parkway a distance of .4 miles
Pat Mell Road was deleted from the list because of insufficient sight
distance. Jim Hawkins made a motion the speed zone ordinance be approved. Joel
Harrell seconded the motion which carried 7-0.
(D) Validation of signatures to annex 10 acres on South Cobb Drive.
Attorney Camp read an application for annexation of approximately 10 acres on
South Cobb Drive in Land Lot 482 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 482 of the 17th
District, 2nd Section, Cobb County, Georgia, being more particularly described
as follows:
BEGINNING at a 1/2-inch rebar found at the common corner of Land Lots 455,
456, 481 and 482, said district and section; running thence along the land lot
line between Land Lot 455 to the west and Land Lot 482 to the east, north 0
degrees 17 minutes 34 seconds west a distance of 1,125.78 feet to an iron pin
set on the southwestern side of the right of way of South Cobb Drive (being a
200-foot right of way); running thence along said side of said right of way
south 39 degrees 31 minutes 48 seconds east a distance of 1,467.47 feet to an
iron pin set at the intersection of said side of said right of way with the
land lot line between Land Lot 482 to the north and Land Lot 481 to the south;
running thence along said land lot line south 89 degrees 30 minutes 00 seconds
west a distance of 1,329.56 feet to the 1/2-inch rebar at 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.
April 6, 1987 - continued
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/DONALD D. HAMMETT
Jim Hawkins made a motion the signature be validated and the public hearing
date set for May 4, 1987. Jack Shinall seconded the motion which carried 7-0.
(E) Validation of signatures to annex .34 acres at 3750 Gann Road
Attorney Camp read an application for annexation of 3750 Gann Road in Land Lot
456, signed by Ray L. and Inez G. Lewis as follows:
We the undersiggned, 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, 4102 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 456, 17th
District, 2nd Section, Cobb County, Georgia and being Lot 1, Block C, J. Y.
Wootton Subdivision as per plat recorded in Plat Book 18, page 138, Cobb
County, Georgia Records and being more particularly described as follows:
BEGINNING at an iron pin at the corner formed by the intersection of the
southwesterly right of way of Gann Road and the northerly land lot line of
Land Lot 456; running thence westerly along the northerly land lot line of
Land Lot 456 a distance of 140.9 feet to an iron pin; running thence southerly
a distance of 100 feet to an iron pin at the line dividing Lots 1 and 2, said
plat, block and subdivision; running thence easterly along the line dividing
Lots 1 and 2 a distance of 160 feet to an iron pin on the southwesterly right
of way of Gann Road; running thence northwesterly along the southwesterly
right of way of Gann Road a distance of 101.4 feet to an iron pin and 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 60% of the electors resident in the area described
below: s/RAY L. LEWIS & INEZ G. LEWIS
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/RAY L. LEWIS & INEZ G. LEWIS
Jim Hawkins made a motion the signatures be validated and the public hearing
date set for May 4, 1987. Jerry Mills seconded the motion which carried 7-0.
(F) Approval to surplus equipment
Hugh Ragan made a motion the following equipment be declared surplus and sold
at the City auction April 25, 1987.
1978 Ford LTD - #F8U63C158590F (Water Department)
1975 GMC - #TCY145A501305 (Sanitation #51)
Wayne Limb Chipper - #300-2075 (Streets #54)
1973 Ford F700 - #F70EVS32928 (Water/Sewer #13)
1982 Datsun Pickup - #JN6MDOISXSW-111577 (Parks & Recreation)
1977 GMC Sierra Pickup - #TCL247A510859 (Parks & Recreation)
Kathy Brooks seconded the motion which carried 7-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Block Hunter Street for Little League opening day April 11
(B) Parade permit for Little League opening day
(C) Tapes for dictaphone recorder in Communications Department
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April 6, 1987 meeting - continued
(D) Reclassification in Fire Department
(E) Approval of minutes: November 1986 & March 1987
(F) 3-way stop sign, Balmoral and Highland Drive
(G) Conveyance of easement, portion of Old Pasadena Blvd.
(H) Alexander Street water line
(I) No parking signs on Foster Street
COUNCIL INPUT: Jim Hawkins said we seldom have annexation requests from his
ward and was pleased with the two that were validated tonight.
Jack Shinall asked about the drainage study. John Patterson said the study
should be received any day and we should be seeing signs of construction
within the next 30 days.
Kathy Brooks urged everyone to come to the Spring Festival and parade this
Saturday and also stated that Little League has enrolled over 300 boys this
year; the most ever.
Hugh Ragan said he hoped everyone would remember the significance of the
Easter holidays and to be especially mindful of the children who will be out
of school next week.
Mayor Bacon said he has had several people contact him about the new shopping
center on Concord and the relocation of Chastain Cat and Dog Clinic. Mayor
Bacon said it was his understanding that they would move into the new shopping
center when construction was complete.
With no further business, meeting adjourned at 8:41 p.m.
April 20, 1987
The regular scheduled meeting of Mayor and Council was held April 20, 1987 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 Bud Abbott, First Baptist Church, followed by
the pledge to the flag.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS:
Reports were given from the Fire, Police and Community
Development Departments.
PUBLIC HEARINGS•
(A) Appeal of Recorders Court decision - William Mathis.
William Mathis appealed the decision of Recorders Court of March 12, 1987,
where he was found guilty of violation of Sections 11-20 and 11-23 of the
ordinance dealing with cleanliness of property; nuisances. Mr. Mathis was
fined $100 and given 10 days to clean up his property at 1599 Roswell Street.
Mr. Mathis was sworn in with City Engineer Mike Hutchinson and City Marshal
Gene Golden.
Mr. Mathis said he would first like to know what the complaint was against
him. He was not advised of the charges when he was in court; they gave him
copies of some ordinances and told him he was in violation of them. Mr. Camp
asked if that was Article II, Section 11-20 of the Health and Sanitation
ordinance; weeds, rubbish, etc. on private property and Mr. Mathis said that
was one of them. Mr. Camp asked if at any time there had been waste,
undergrowth, waste material, trash, rubbish, building materials there. Mr.
Mathis was there was some building materials there, and had been there
probably 4 or 5 years, but he would not classify that as trash.
Mr. Camp asked if he was advised at the time of the hearing that he was in
violation of Section 11-23 dealing with junked and inoperative vehicles
remaining on the premises of any dwelling, and Mr. Mathis said he was and also
pled not guilty to that charge. Mr. Mathis said he did have vehicles in his