07-07-1986 Regular MeetingJuly 7, 1986
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on July 7, 1986. The meeting was called to order at 7:30 o'clock p.m.
by presiding officer Mayor Max Bacon. All council members were present. Also
present was City Clerk Willouise Spivey, City Administrator John Patterson,
City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and represen-
tatives of the press.
Invocation was given by Al Turnell, Pastor of 1st United Methodist Church,
followed by the pledge to the flag.
PUBLIC HEARINGS:
(A) Annexation of 1.5 acres at 408 Lake Drive.
John Patterson said that Stephen J. Connolly had requested the annexation
of Mann's Wrecker Service located at 408 Lake Drive and at the June 16, 1986
meeting, the application was validated and the public hearing date set. There
was no opposition from the audience and Jim Hawkins made a motion the property
be annexed into the City to become a part of Ward 4, the legal description
having been read and made a part of the minutes of the June 16th meeting.
Bob Davis seconded the motion which carried 7-0.
(B) Application for liquor, beer and wine package license at 1055 Cherokee
Road.
John Patterson said that Mrs. Jacqueline B. Davis had submitted an application
to operate a package store at 1055 Cherokee Road in the building previously
occupied by Network Rentals. The location meets distance requirements and
the background investigation was favorable.
There was no opposition from the audience. Mrs. Davis said she would be the
active manager of the store and understood our ordinance requirements. There
was some discussion concerning the widening of Cherokee Road but it was deter-
mined that parking would still be adequate with the new road alignment. Kathy
Brooks made a motion the license be approved. Jim Hawkins seconded the motion
which carried 7-0.
(C) Home occupation license - 1389 Dogwood Circle.
John Patterson said that Mr. George L. Cannon had submitted an application
to operate a vinyl window replacement company from his homne. All materials
will be drop -shipped at the job site with no storage at his home. The petition
circulated throughout his neighborhood was approved with no unfavorable responses.
There was no opposition from the audience and Mr. Cannon said all materials
would be delivered to his customer's homes and there would be no traffic,
storage or retail sales from his residence. With little discussion, Joel Harrell
made a motion the license be approved. Bob Davis seconded the motion which
carried 7-0.
(D) Rezoning request - 1.21 acres off Ridge Road from R-20 to R-15.
John Patterson said that Alfred F. Skiba had applied for rezoning of this
property as attorney -in -fact for Ridgeview Hospital. AFR Properties is planning
a 20.24 acre subdivision of R-15 homes, of which 19.03 acres currently is
in unincorporated Cobb County. There were 25 to 30 people in the audience
in opposition and representatives of both sides were sworn in by Attorney
Camp.
l
Mr. Skiba presented a site plan of the property and stated they were requesting
the rezoning of this small tract which is in the City in order to allow them
to have the desired entrance into the development. The average density .of
the development will be 1.8 units per acre and R-15 zoning allows a little
better than 2 units per acre. Many of the lots in the development will exceed
minimum requirements as well. Mr. Skiba said they were requesting the zoning
due to the difficult configuration of the property. Minimum selling price
of the homes will be $180,000 and they were very careful in maintaining the
integrity of Ridge Road. Mr. Skiba said he had met with homeowners of Cedar
Cliffs and they support the development, and was a little surprised to find
that he had opposition tonight from the residents of Ridge Road. This will
be a high quality development with strong recorded covenants.
July 7, 1986 - Continued
Emory Osborne said his property backs up to the 1.2 acres and objected to
the proposed entrance from Ridge Road. Mr. Osborne said this was a very dangerous
location for ingress and egress because visibility was limited and also felt
the property should remain R-20. Mr. Osborne said he would like to meet with
Mr. Skiba before this zoning was approved.
Jerry Greeson of 3800 Ridge Road said his home touches 3 of the proposed lots
and was opposed to the change in zoning and it appeared from the plan that
most of the smaller lots backed up to the homes on Ridge Road. They were opposed
to the smaller lots, with some of them being only 75 feet in width along the
rear property lines. Ingress and egress is also limited and hazardous at this
particular point.
M. H. Greeson of 3860 Ridge Road said that two of the lots also back up to
his home and they are 75 feet across the rear and felt the reduction in lot
sizes would be damaging to the value of his home.
Joel Harrell asked Mr. Skiba if he would be willing to meet with the people
here at a later date to discuss the development. Mr. Skiba said he would be
happy to meet with them, although there is not a lot of flexibility in the
plan. Joel said he would recommend that they meet prior to the July 15th zoning
hearing in the County. After further discussion Joel Harrell made a motion
the zoning be approved contingent upon the county approving the rezoning on
the remaining 19.5 acres. Jim Hawkins seconded the motion. Attorney Camp said
he did not think council could approve a zoning contingent upon another political
body approving the zoning on the adjoining tract. The second and motion were
withdrawn and Joel Harrell then made a motion the 1.2 acres be rezoned from
R-20 to R-15 provided that the adjoining 19.5 acres be rezoned to R-15 within
3 months, seconded by Jim Hawkins. There was some discussion about any stipulations
that should be placed on the zoning and the second was again withdrawn.
Paul Argo of 3960 Ridge Road requested to speak and was sworn in by Mr. Camp.
Mr. Argo questioned the time limit being placed on the zoning on the adjacent
property and was concerned that this action would be a stepping stone to the
larger tract being approved. Max Bacon said that was not the intent of the
motion; the intent is that this tract revert back to R-20 if the larger tract
is not approved. Joel Harrell then made a motion the 1.21 acres be rezoned
from R-20 to R-15 subject to the adjoining property of Mrs. Marjorie Wallace
being rezoned to R-15 within 3 months; minimum size homes of 2800 heated square
feet be built on the property; all underground utilities; fiberglass street
lights and attached 2 car garages. Jerry Mills seconded the motion which carried
6-1, with Jack Shinall opposed.
(E) Rezoning request - 980 Concord Road from Future Commercial to Limited
Commercial.
John Patterson said that Mr. George P. Perryman had requested the rezoning
of this property containing 11,960 square feet, which exceeds minimum requirements
for lot size. •The Planning and Zoning Board had recommended the zoning be
approved and there was no opposition from the audience. Mr. Perryman said
if the zoning was approved, Sissi's Snippers, presently located on Concord
Road would relocate their business to this location. Mr. Perryman said paving
of the lot is completed and the house is currently being renovated. Jim Hawkins
said the existing location of Sissi's Snippers had never had their parking
lot paved and he thought the relocation would be a definite improvement for
their business. With little discussion Jim Hawkins made a motion the zoning
be approved. Bob Davis seconded the motion which carried 7-0.
(F) Variance - Side yard setback and buffer requirements at 980 Concord Road.
John Patterson said that Mr. Perryman is also requesting a variance from 50
feet to 10 feet on the side yard for the existing building and also approval
to place a 6 foot opaque fence along the side property line in lieu of the
10 foot buffer. Mr. Perryman stated he had a letter from the adjoining property
owner agreeing to the zoning and variance request. Jim Hawkins stated that
any new development on this lot would have to conform to our setback requirements.
With little discussion Jim Hawkins made a motion the variance be approved
for a reduction in side yard setback requirements from 50 feet to 10 feet
Julv 7. 1986 - Continued
and that in lieu of a 10 foot buffer on the back side he be allowed to erect
a 6 foot opaque fence and also along the adjacent property line up to the
front of the house. Mr. Perryman said the next door neighbor had reqeusted
that the fence only be extended to the rear of the house. After discussion,
it was agreed to allow a 6 foot fence along the back property line with a
planted buffer along the side yard not to extend past the front of the house.
Bob Davis seconded the motion which carried 7-0.
(G) Rezoning request - 3.2 acres at the corner of Matthews Street & Roswell
Road from Future Commercial to Office/Distribution.
John Patterson said that Mr. William Davis of Northwest Corridor Properties
had requested rezoning of the above mentioned property. To the north is Neighbor-
hood Shopping, Limited Commercial and Future Commercial, with General Commercial
to the east, Light Industry to the south and RM-12 to the west. Applicants
for the zoning were sworn in by Mr. Camp. Mr. Davis said they intend to develop
the property into 42,000 square feet of Office/Distribution space with
approximately 40% offices and 60% storage. A preliminary layout was presented
along with pictures of a similar development. Mr. Davis said these plans also
reflected changes that had been recommended by the Planning and Zoning Board.
Large trucks will not be going onto the property because they cannot maneuver
in the space provided and the building will be an attractive brick veneer
structure. Jerry Mills said this property has been an eyesore in the past
and we have had to send in city crews to clean up the property. Jerry said
he had met with residents in that area and they support the development. Jerry
Mills made a motion the rezoning be approved with the following stipulations:
1) Move building 20 feet back and add double tier parking in front
2) No curb cuts on Matthews Street
3) No outside storage
4) Add a left turn lane for the middle curb cut.
Jim Hawkins seconded the motion which carried 7-0.
(H) Rezoning of 1.603 acres between Love Street and Medlin Street from RM-12
to RD, Duplexes.
John Patterson said that Reed Konigsmark is representing the owner, Mr. Sidney
Rose, in this rezoning request for the purpose of building 6 duplexes. Several
variances will be required to develop the property as requested. There was
no opposition.
Mr. Konigsmark said these would be masonite 2 story structures selling for
$115,00 to $120,000 for a complete unit. The existing RM-12 category %ould
allow 19 units and he was proposing construction of 12 units. Mr. Konigsmark
said he has built duplexes in the City before and hoped his record would speak
for itself. Jim Hawkins made a motion the zoning be approved as requested.
Jerry Mills seconded the motion which carried 7-0.
(I) Variance - Front yard setback, minimum lot size and minimum lot width
for development of 1.603 acres between Love Street and Medlin Street.
John Patterson said that Mr. Konigsmark is also requesting variances to facilitate
his development on the property just zoned for duplexes by reducing the setback
on Medlin Street from 40 feet to 35 feet; reducing the minimum lot area and
minimum lot width to that shown on the plat. None of these reductions directly
affect adjacent property owners. There was one in opposition, sworn in by
Mr. Camp. Mr. Konigsmark said he could probably meet the front setback on
Medlin STreet but the development would not be as aesthetically pleasing.
Five of the lots do not meet the minimum lot size requirement of 12,500 square
feet. The three lots on Love Street require the variance on minimum lot width
of 75 feet. Mr. Konigsmark said the topography of the lot is such that it
would be difficult to develop without the variances.
Kevin Williams said he was concerned with the additional cars on Medlin Street
and asked if any improvements would be made. Jim Hawkins said the City has
done some curbing on Medlin Street which has helped some and he did not know
if the residents would be in favor of further widening. Jim said they would
look into the possibility of widening some of the road but would need permission
of" the property owners. Mr. Williams said he had no real opposition to the
variances but was concerned about the safety on that street. Jim Hawkins said
July 7, 1986 - Continued
he would meet with Mr. Williams this week to walk the street and see what
improvements could be made.
Jim Hawkins made a motion the plat submitted be made a part of these minutes;
that the front yard setback from 40 to 35 feet be denied; that the minimum
lot size reduction on 5 lots be approved as shown on the plat and that the
lot width at the setback line as shown on the plat also be approved. Jerry
Mills seconded the motion which carried 6-1 with Joel Harrell opposed.
(J) Rezoning request - 1.23 acres on Crumley Drive from R-15 to RM-12.
Jerry Mills made a motion this rezoning be tabled to the next meeting due
to the number of variances that will be required, to allow time to resolve
some of these problems. Jack Shinall seconded the motion to table which carried
7-0.
(K) Variance - •7 variances requested for development of apartments on 1.23
acres on Crumley Drive.
Jerry Mills also made a motion the variances be tabled to the next meeting.
Jack Shinall seconded the motion which carried 7-0.
(L) Variance - Front yard setback at 2307 Goodwood Boulevard.
John Patterson said Ed Brewer of Brewer Construction had requested a variance
from the required 25 feet on the front yard setback to 24.7 feet. The unit
in question in the Oakley Downs development is nearly complete and apparently
the building was inadvertently shifted forward during construction.
Bob Davis said he received a call from Mr. Brewer today and his car was broken
down in Perry, Georgia and could not make the meeting tonight but he would
like to proceed with the hearing since the encroachment was only 4 to 6 inches.
Bob Davis made a motion the rules be suspended to vote on whether or not the
variance should be heard in the absence of the applicant. Hugh Ragan seconded
the motion which carried 7-0.
Bob Davis made a motion the variance be heard tonight seconded by Hugh Ragan.
Vote on the motion carried 7-0. There was no opposition and Bob Davis then
made a motion the variance be approved with a $100 fine assessed. Jim Hawkins
seconded the motion which carried 7-0.
(M) Variance - Rear yard setback and parking requirements at 629 and 645
Cherokee Road.
John Patterson said that Tom Wilder had requested a reduction in the required
50 foot rear setback to 10 feet and a reduction in parking requirements from
5.5 spaces per 1,000 square feet to 4.3 spaces. Mr. Wilder is proposing a
shopping center and 3 lots will be combined to provide a 0.7 acre tract. This
site abuts R-15 to the rear, Limited Commercial to the east and commercial
to the west. There were 5 in opposition and representatives from both sides
were sworn in by Mr. Camp.
Mr. Wilder said there were two houses on the site now which were being used
as businesses and the tract is zoned General Commercial. He was proposing
a shopping center with white stucco exterior and thought it would definitely
upgrade the community. He had contacted the homeowners in the area and did
not anticipate any opposition tonight. Mr. Wilder said he could develop the
property without the variances but it would not be as attractive. A 6 foot
cedar fence will be placed on the rear property line and he would only have
2 curb cuts where there are currently 3. Mr. Wilder said he hoped to have
about 6 tenants in the center.
Edna Davis of 650 Burbank Drive said she objected to this shopping center
being within 10 feet of her property. Her husband is totally disabled and
has been very ill. Mrs. Davis said there is a wooden fence along the rear
of the property line now and it does nothing to keep out the noise.
Harold Maddox of 644 Burbank Drive also objected to the variances and after
further discussion Kathy Brooks made a motion the variance request be tabled
to the July 21st meeting so that Mr. Wilder could meet with these residents
and attempt to resolve their disagreements. Jack Shinall seconded the motion
which carried 7-0.
Julv 7. 1986 - Continued
FORMAL BUSINESS:
(A) Request for show cause hearing - Mexico Lindo Restaurant on South Cobb
Dr ive .
John Patterson said that due to several reasons, Mr. Cleveland Brooks, owner
of JP's Restaurant at 2620 South Cobb Drive was denied an alcoholic beverage
license on May 5, 1986. Mr. Robert Ronick, attorney for the owners of Mexico
Lindo Restaurant has brought it to the City's attention that Mr. Brooks had
entered into a sub -lease arrangement with the owners of Mexico Lindo prior
to his applying for the pouring license, thus making his application fraudulent.
Also, Mr. Ronick has made it clear that Mr. Brooks intended to operate a lounge
whereas the owners of Mexico Lindo Restaurant intend only to complement their
food service business with alcoholic beverages. At the suggestion of our city
attorney, Mr. Ronick has presented to the chairman of the Community Development
Committee an explanation as to why his client should be allowed to apply for
a pouring license. Section 3-36 of the code provides for an opportunity for
council to issue a license within the 12 month restriction period if the new
business is not of the "same type".
Jack Shinall said that shortly after council denied the license for Mr. Brooks
he was approached by Mr. Ronick who presented some evidence that actually
indicated that Mr. Brooks did not intend to operate a restaurant and may have
been trying to get the license to defraud the people with whom he had entered
into a conditional lease.
Mr. Ronick stated that Mr. Brooks had basically extorted $5,000 from his client
Amanda Salazar as a non-refundable earnest money deposit down payment that
he would sub -lease the building to her. Mr. Brooks at that time was without
authority of the owner of the property to sub -lease the building, so the lease
was void from its inception. Mr. Brooks apparently intended to open a lounge
and once he realized the lounge would not be approved by the City, decided
to apply for the license and then ask Mrs. Salazar for $20,000 for having
the license transferred to her name. Mr. Brooks has since left Smyrna and
Cobb County. Mexico Lindo is a family -oriented restaurant and like all mexican
restaurants has a need to be able to serve alcoholic beverages with their
food. Mr. Ronick requested that council reconsider the denial based on the
new evidence of the fraudulent application made previously and allow the owners
of Mexico Lindo to apply for a license in their name. Ms. Salazar and her
brother Ulises Echeverry were both sworn in by Mr. Ronick and testified that
the statements made by him were accurate.
Jack Shinall stated he had no problem personally with Ms. Salazar applying
but there is no guarantee that a license will be granted. Jack said he has
received no complaints in the area and the restaurant appears to be well -run.
Jack Shinall made a motion that Mexico Lindo Restaurant be allowed to apply
for a pouring license at 2620 South Cobb Drive by waiving the one-year waiting
period. Jim Hawkins seconded the motion which carried 7-0.
(B) Validation of signatures to annex property at 2580 Old Roswell Road.
Attorney Camp read the application for annexation of 1.3 acres in Land Lots
561 and 592 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 unin-
corporated 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 561 and 592
of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly
described as follows:
BEGINNING at a point on the southeast corner of the intersection of Hawthorne
Street (being a 50 foot right of way) and Old Roswell Road (being a 40 foot
right of way) and continuing along the easterly right of way of Old Roswell
r Road, south 36 degrees 45 minutes 42 seconds west a distance of 89.18 feet;
July 7, 1986 - Continued
thence south 33 degrees 59 minutes 03 seconds west a distance of 45.99 feet;
thence south 35 degrees 18 minutes 06 seconds west a distance of 46.91 feet;
thence south 33 degrees 54 minutes 52 seconds west a distnace of 66.57 feet;
thence 40 feet across the right of way of Old Roswell Road to an iron pin;
thence south 89 degrees 20 minutes 50 seconds west a distance of 202.78 feet;
thence north 00 degrees 39 minutes 10 seconds west a distance of 209.70 feet
to an iron pin on the south right of way of Hawthorne Street; thence north
00 degrees 39 minutes 10 seconds west a distance of 50 feet to the north right
of way of Hawthorne Street; thence south 89 degrees 17 minutes 50 seconds
east a distance of 398± feet; thence across the right of way of Hawthorne
Street a distance of 50 feet to a point at the southeast intersection of Hawthorne
Street and Old Roswell Road 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 60% of the electors resident in the area described
below: s/NAOMI M. ROACH
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/NAOMI M. ROACH
Jerry Mills made a motion the petition be validated and the public hearing
date set for August 4, 1986. Jim Hawkins seconded the motion which carried
7-0.
(C) Ordinance amendment - new Section 14-14 (Temporary Sales License).
Jack Shinall made a motion the Code of Ordinances be amended by adding a new
Section 14-14 to read as follows:
Temporary Sales Licenses; Prohibited Locations; Expiration, Fees; Requirements;
Dr-..4 c4 ---
(A) There is hereby established a licensing category for any person, firm,
partnership or corporation who sells or offers to sell any goods, wares, merchan-
dise or services from any truck, tent, temporary structure or temporary location,
which category shall be called a "Temporary Sales License" and which license
shall be issued only as hereinafter provided.
(B) Temporary License Holders shall only be authorized to transact business
from locations authorized and approved by the Mayor and Council of the City
of Smyrna, who shall determine that such location will not interfere with
the business of annually licensed merchants in the area; and is not located
in any off-street parking facility, including but not limited to entrances,
exists, maneuvering area, or other un-occupied space of any other business
or shopping center; and that the location or business will not, per se, violate
any other statute or ordinance of the City of Smyrna.
(C) Temporary Sales Licenses shall be issued for the following limited terms
and fees, to wit;
1. Temporary Sales Licenses for the sale of fruits, produce and vegetables
at approved locations shall expire 12 months from date of issue. The license
fee shall be $75.00.
2. Temporary Sales License for the sale of Christmas trees at approved
locations shall expire three (3) months from date of issue. The license fee
shall be $25.00.
3. Temporary Sales License for temporary sales during a major promotional
activity shall expire two (2) weeks from date of issue. The license fee shall
be $100.00.
4. Temporary Sales License shall not be required for: a) "yard sales"
conducted at the residence of the person conducting such sale for not more
than 3 consecutive days, or, b) "yard sale" or fund raising activities conducted
by a qualified not for profit or eleemosynary organization.
Provided, however, no such activity under item 4 a) above shall be conducted
more than four (4) times during any one calendar year.
July 7, 1986 - Continued
(D) Any sale or offer to sell any goods, ware, or merchandise or services
from any person at a temporary location or building without a license shall
be punishable as a misdemeanor under the penalties as elsewhere provided in
the Code of Ordinances of the City of Smyrna.
Jerry Mills seconded the motion to approve the new ordinance which carried
7-0.
(D) Ordinance amendment - Section 3-1 of Alcoholic Beverage Ordinance.
Jack Shinall made a motion that the Alcoholic Beverage Ordinance be amended
by adding the following the following to the definition of "Premises."
Section 3-1. "Premises"
"Premises" may include an attached patio area when:
a) It is separated from the general public by a permanent wall, fence,
hedge or similar approved device, and access to the patio is limited only
through the main premises, and
b) the location of the patio does not encroach upon any sidewalk,
right of way, or other common area customarily used for ingress, egress, pedestrian
or vehicular traffic, and
c) the location and plans shall first have been approved by the City
Engineer and Fire Marshal.
Use of a patio as a part of the "Premises" shall be suspended or revoked as
provided in Section 3-53 of this Code when its use interferes with other uses
in the vicinity, or becomes in any way a public nuisance.
Jim Hawkins seconded the motion to approve the amendment which carried 7-0.
(E) Resolution - Implementation of E911 system.
John Patterson stated that Cobb County has elected to implement a countywide J
E911 emergency telephone system and in order for the City to receive emergency
calls from its citizens, it is necessary to endorse the E911 emergency telephone
system and acquire the necessary Public Safety Answering Point (PSAP) telephone
equipment. The pricing forecast is $29,800 installation (subscriber billed
at $.25 per month) and a monthly fee of $1,776.10 to be paid by the City.
Mr. Patterson read the resolution as follows:
WHEREAS: 'Public Safety agencies in the City of Smyrna have continuously sought
to maintain the highest level of assistance and service to their community;
and
WHEREAS: They can be provided with a number of significant benefits through
a properly implemented E911 Emergency Telephone System; and
WHEREAS: The public will have only one three -digit number to call for emergency
assistance, and
WHEREAS: The time from citizen perception of an emergency situation to the
time he or she reaches the correct public safety agency will be reduced with
E911; now
THEREFORE: Be it resolved that the Mayor and Council of the City of Smyrna
endorse the concept of a county -wide E911 Emergency Telephone System and is
committed to the implementation to such a program at the earliest date feasible,
and furthermore that the City of Smyrna will operate a Primary Public Safety
Answering Point within the county -wide E911 Emergency Telephone System.
Bob Davis made a motion the resolution be accepted. Hugh Ragan seconded the
the motion which carried 7-0.
(F) Validation of signatures to annex 1.7971 acres on South Cobb Drive.,
Attorney Camp read the application to annex 1.7971 acres on South Cobb Drive
in Land Lots 411, 412, 453 and 454 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
Julv 7, 1986 - Continued
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 411, 412, 453
and 454 of the 17th District, 2nd Section, being more particularly described
as follows:
BEGINNING at a point on the southwest side of South Cobb Drive 110 feet south-
easterly from the intersection of South Cobb Drive and the east line of Land
Lot 412, and running thence southeasterly along the southwest side of said
South Cobb Drive 230 feet to an iron pin; thence southwest 232 feet to an
iron pin; thence west 139 feet to an iron pin; thence northwest 134 feet to
an iron pin; thence running northeasterly 125 feet to an iron pin; thence
easterly 275.5 feet to the west side of South Cobb Drive and the point of
BEGINNING, being approximately two acres, more or less.
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/HOWARD H. CLARK
Jim Hawkins made a motion the petition be validated and the public hearing
date set for August 4, 1986. Jerry Mills seconded the motion which carried
7-0.
BID AWARDS:
(A) Outdoor warning siren.
John Patterson said the City needs an additional outdoor warning siren as
we expand by annexation and an additional siren was budgeted for FY1987. A
price increase on the equipment will go into effect July 1, 1986 and we have
been notified by the local distributor that an additional siren can be purchased
at the same price submitted March 25, 1986, under which one siren was ordered.
Upon the recommendation of John Patterson, Bob Davis made a motion an outdoor
warning siren and associated equipment be ordered from Harolds Sales & Service
for a total price of $3,960. Hugh Ragan seconded the motion which carried
7-0. Jim Farley stated the siren would probably be located in the Village
Par lway area.
(B) Renovation to restrooms at two city parks.
John Patterson said the Community Development Block Grant provides funding
for facility improvements at our parks and we have gotten two bids out of
nine contractors who were contacted. Upon the recommendation of John Patterson,
Kathy Brooks made a motion the bid be awarded to Georgia Sterling Construction
Co., Inc. for renovation to the pressbox/restroom/concession stand at Ward
Park and restrooms at Cobb Park ballfield at a total price of $29,980. Jack
Shinall seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) E. C. Rackley requested a building permit for construction of an office/ware-
house at 912 Daniel Drive at a total estimated cost of $460,000. Kathy Brooks
made a motion the permit be approved subject to approval of the City Engineer,
Inspections Department and Fire Marshal. Jerry Mills seconded the motion which
carried 7-0.
(B) Brawner Hospital requested a building permit for addition of a pharmacy
at 3180 Atlanta Road at a total estimated cost of $25,000. Jack Shinall made '
a motion the permit be approved subject to approval of the Inspections Department,
Fire Marshal and City Engineer. Hugh Ragan seconded the motion which carried
7-0.
CONSENT AGENDA:
Jerry Mills made a motion the June minutes be approved as submitted. Jim Hawkins
seconded the motion which carried 7-0.
Julv 7. 1986 - Continued
COUNCIL INPUT: Joel Harrell reminded everyone of the water shortage and mandatory
restrictions. We are continuing to operate under condition #3 which allows
outside watering with houses having even numbers on even days; odd numbered
houses on odd days with no watering between 4:00 p.m. and 9:00 p.m. on Saturday
and Sunday. This condition will remain in effect until further notice and
fines may be imposed for those in violation.
Joel Harrell said the Whitfield Street pumping station should be eliminated
by tomorrow. and the Heritage Station should be eliminated by next week under
the rehabilitation program. Phase II of the rehabilitation is underway now.
Kathy Brooks thanked Smyrna Hospital for donating the fireworks for the 4th
of July celebration and the American Legion for donating watermelons along
with all other civic groups and city staff who participated.
Mayor Bacon also thanked Smyrna Hospital, the American Legion and employees
from the Police, Fire and Civil Defense Departments for their help during
the 4th of July festivities.
Mayor Bacon read a letter from City Clerk Willouise Spivey thanking the Mayor
and Council for their part in the Proclamation read and presented to her at
the GMA Convention in Savannah last month. Max said that Willouise would be
retiring this year and without her, the City would not be what it is today
and she would certainly be missed.
With no further business, meeting adjourned at 10:52 p.m.
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