08-04-1986 Regular Meetingj op I
August 4, 1986
The regular scheduled meeting of Mayor and Council was held
August 4, 1986 at Smyrna City Hall. The meeting was called to
order at 7:30 o'clock p.m. by presiding officer Mayor A. Max
Bacon. All council members were present. Also present was City
Attorney Charles E. Camp, City Administrator John Patterson,
Assistant City Clerk Melinda Dameron and representatives of the
press.
Invocation was given by Reverend York Chambliss, pastor of
Trinity Baptist Church, followed by the pledge to the flag.
Mayor Bacon recognized Senator Jim Tolleson, candidate for re-
election in the August 12th primary.
CITIZENS INPUT: Mary Stewart Gavant a resident of 5040 Crowe
Drive complained of the blasting being done in Highlands Park and
thought some of the charges were being overloaded. Jack Shinall
said we were in the process of reviewing our ordinance and should
have a report back within the next week.
DEPARTMENT REPORTS: Department reports were given for Public
Works, Clean City Committee, Parks and Recreation Department and
the Library.
John Patterson said that J. D. Thompson had accepted the contract
for the sale of his property directly across the street from City
Hall. Hugh Ragan made a motion the rules be suspended, seconded
by Jim Hawkins. Vote on the motion to suspend the rules carried 7-
0. Hugh Ragan then made a motion council accept the revised
contract as outlined by Mr. Patterson. Joel Harrell seconded the
motion which carried 7-0.
PUBLIC HEARINGS:
(A) Request for liquor, beer and wine pouring license - Mexico
Lindo Mexican Restaurant, South Cobb Drive.
John Patterson said that Mr. John Eugene Merritt has submitted an
application as agent for Mexico Lindo Mexican Restaurant, Inc. to
sell beer, wine and liquor. At the last council meeting a show
cause hearing was held with council granting them the opportunity
to apply for the pouring license. A recent survey was conducted
and the police investigation was favorable. There was no
opposition from the audience.
Mr. Merritt said he was the Assistant Treasurer or the restaurant
and understood the city ordinance and that he would be
responsible for any infractions of the law. Mr. Merritt said
they will close at 10:00 P.M. week nights and 10:30 p.m. on
Friday and Saturday and there would be no loitering. This is a
family restaurant and drinks will be served only with meals.
There will be no lounge or dance area and they have no intentions
of creating one in the future. Mr. Merritt said he had another
full time job but would be at the restaurant every day and lived
within 6 miles.
Jack Shinall said his main concern was that this be a first class
establishment and from his initial observation seemed satisfied
that it was. Jack Shinall made a motion the license be
approved. Bob Davis seconded the motion which carried 7-0.
(B) Home Occupation License - 2570 Birch Street.
John Patterson said that Travis C. McGehee had submitted an
application to do engraving of plastic badges and dangles from
his home at 2570 Birch Street. Residents in the area have signed
the required petition indicating they have no objections and
there was no opposition from the audience.
Mr. McGehee said he had a small machine at his home and would do
engraving for different square dancing clubs. All orders are
received by phone and no public contact will be made at his home.
Kathy Brooks made a motion the license be approved. Jerry Mills
seconded the motion which carried 7-0.
August 4, 1986 - continued
(C) Variance request - side yard setback reduction at 1254
Concord Road.
John Patterson said that Mr. James Nichols had requested a
reduction in the side yard setback from 10 feet to 7 feet for an
office building, which is already under construction. The
foundation was mistakenly laid out and the error found by the
building inspectors.
There was no opposition and Mr. Nichols also owns the adjacent
lot affected by the encroachment. Mr. Nichols said he actually
discovered the error and called the building inspector himself.
Jim Hawkins made a motion the variance be approved with a fine of
$100 assessed, in keeping with our present policy. Hugh Ragan
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex property in Land Lot 752 -
Oakdale Road and South Cobb Drive.
Attorney Camp read the application for annexation by Opal W.
Jones as follows:
We the undersigned, who constitute sixty percent (60%) of the
owners of the land area by acreage of the area described below,
which is unincorporated and contiguous to the City of Smyrna,
hereby apply to have said area annexed into the City of Smyrna
under the provisions of the Code of Georgia Annotated, Sections
69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410,
411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property
to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 752
of the 17th District, 2nd Section, Cobb County, Georgia, and
being more particularly described as follows:
BEGINNING at a point where the western side of Oakdale Road
intersects the eastern side of South Cobb Drive; running thence
northeasterly 400 feet along the western side of Oakdale Road to
a point; thence running 180 feet northwesterly to a point; thence
running 90 feet northeasterly to a point; thence running 50 feet
northwesterly to a point; thence running northerly 220 feet to a
point; thence running northwesterly 100 feet to a point; thence
running westerly along the land lot line dividing land lots 752
and 751, 170 feet to the eastern boundary of South Cobb Drive;
running thence southerly along the eastern boundary of South Cobb
Drive 800 feet to the point of beginning.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS,
AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF
SMYRNA.
Witness the signature of the record title holders of the fee
simple title, or his legal representative, of 60% of the land
area above described by acreage: s/OPAL W. JONES
Hugh Ragan made a motion the signature be validated and the
public hearing date set for September 2, 1986. Jack Shinall
seconded the motion which carried 7-0.
(B) Adoption of Bond Resolution authorizing Series 1986 Revenue
Bonds.
Attorney Camp said this resolution would allow the issuance of
revenue bonds for implementation of the sewer rehabilitation.
Hugh Ragan made a motion the resolution be adopted as presented
tonight and attached to the minutes. Kathy Brooks seconded the
motion which carried 7-0.
(C) Validation of signatures to annex 2.1 acres in Land Lot 381
on Concord Road.
Attorney Camp read an application for annexation signed by Bart
Cannon and Archie L. Ransbotham as follows:
August 4, 1986 - continued
.We the undersigned, who constitute sixty percent (60%) of the
owners of the land area by acreage of the area described below,
which is unincorporated and contiguous to the City of Smyrna,
hereby apply to have said area annexed into the City of Smyrna
under the provisions of the Code of Georgia Annotated, Sections
69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410,
411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property
to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 381
of the 17th District, 2nd Section, Cobb County, Georgia and being
more particularly described as follows:
BEGINNING at an iron pin on the south right of way of Concord
. Road located 1102.2 feet from the intersection of the west right
of way of South Cobb Drive and the south right of way of Concord
Road, as measured on the south right of way of Concord Road;
thence south 28 degrees 21 minutes east a distance of 205.68 feet
to an iron pin found; thence south 19 degrees 38 minutes east
108.39 feet to an iron pin set; thence south 1 degree 7 minutes
east a distance 39.33 feet to an iron pin found on the northerly
right of way of Smyrna Hill Drive; thence westerly along the
northerly right of way of Smyrna Hill Drive 213.2 feet to an iron
pin; thence north 30 degrees 26 minutes west 182 feet to an iron
pin; thence northerly 147.35 feet to an iron pin on the
southeasterly right of way of Concord Road; thence north 54
degrees 14 minutes east along the southeasterly right of way of
Concord Road a distance of 230 feet to an iron pin 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.
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/BART CANNON BY CONNIE CANNON,
SECRETARY/TREASURER AND ARCHIE L. RANSBOTHAM
Jim Hawkins made a motion the signatures be validated and he
public hearing date set for September 2, 1986. Jerry Mills
seconded the motion which carried 7-0.
BID AWARDS•
(A) Annual inspecton/lubrication of outdoor warning sirens ,
John Patterson said that each year the outdoor warning sirens are
inspected and lubricated to insure proper continued operation in
an emergency situation. Six local contractors were contacted to
bid with the only response being from Ask -Kay Electric. Upon the
recommendation of John Patterson, Bob Davis made a motion the
inspection be awarded to Ask -Kay Electric in the amount of
$1,260. Joel Harrell seconded the motion which carried 7-0.
(B) Outdoor warning siren installation.
John Patterson said that two new outdoor warning sirens are
scheduled for shipment by mid -August and six local contractors
were contacted to bid. Only one, Ask -Kay Electric, expressed an
interested in the installation. Upon the recommendation of John
Patterson, Bob Davis made a motion the installation be awarded to
Ask -Kay Electric for a total of $4,280. Jack Shinall seconded
the motion which carried 7-0.
(C) Facility modifications for the E911 emergency telephone
equipment.
John Patterson said the E911 cutover is scheduled for March 1st
and it is necessary for us to run some conduit and make a few
other modifications to allow installation. These modifications
must be ready before installation begins August 16th and for that
reason, only one contractor was approached for a price. Upon the
recommendation of John Patterson, Bob Davis made a motion the
contract for modifications be awarded to Ask -Kay Electric in the
amount of $2,433.28. Hugh Ragan seconded the motion which
carried 7-0.
3$3$
August 4, 1986 - continued
COMMERCIAL BUILDING PERMITS:
(A) Lott Properties requested a building permit for the second
phase of Ark Mini Warehouses at 2330 Old Concord Road at a total
estimated cost of $429,000. Kathy Brooks 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.
(B) Magna Construction requested a building permit for a
shopping center at the 3875 South Cobb Drive at a total estimated
cost of $540,000. Joel Harrell made a motion the permit be
approved conditional upon the contractor meeting the stipulations
set forth when the property was rezoned December 2, 1985, and
also subject to approval of the Inspections Department, Fire
Marshal and City Engineer. Jim Hawkins seconded the motion which
carried 7-0.
(C) Steele Construction requested a grading permit for Hell
Graphics at 5400 Highlands Parkway. Hugh Ragan made a motion the
permit be approved subject to approval of the City Engineer,
Inspections Department and Fire Marshal. Kathy Brooks seconded
the motion which carried 7-0.
CONSENT AGENDA: Mayor Bacon said the July minutes were not ready
and would be on the agenda for approval at the next meeting.
COUNCIL
hold up
easement
week.
INPUT: Bob Davis asked Jim Belk what was causing the
on the sewer line at Highland Drive. Jim said the last
was just obtained and they hope to be able to start this
Joel Harrell reminded everyone that we are still restricting
water use and asked for cooperation in using the odd/even outdoor
water system.
Jim Hawkins commended the Mayor and John Patterson for the land
acquisiton around City Hall. Jim said he hoped we could continue
to clean up the old part of Smyrna.
Kathy Brooks commended the Parks and Recreation staff for the
outstanding job they did with the Colt League tournament at Ward
Park.
Hugh Ragan reminded everyone of the election on August 12th and
urged everyone to vote.
With no further business, meeting adjourned at 8:45 p.m.
************************
August 18, 1986
The regular scheduled meeting of Mayor and Council was held
August 18, 1986 at Smyrna City Hall. The meeting was called to
order at 7:30 o'clock p.m. by presiding officer Mayor A. Max
Bacon. All council members were present.. Also present was City
Attorney Charles E. Camp, City Clerk Willouise Spivey, City
Administrator John Patterson, Assistant City Clerk Melinda
Dameron and representatives of the press.
Invocation was given by Reverend Michael T. Carey from Calvary
Presbyterian Church, followed by the pledge to the flag.
Mayor Bacon recognized Eastern District Commissioner candidate
Wit Carson and reminded everyone to vote in the runoff election
in September.
DEPARTMENT REPORTS: Reports were given from the Fire, Police,
Emergency Management, Finance and Community Development
Departments.