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11-17-1986 Regular MeetingNovember 17, 1986 The regular scheduled meeting of Mayor and Council was held November 17, 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 except for Jack Shinall, who was sick. Also present was City Clerk Willouise Spivey, City Attorney Charles E. Camp, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Jim Luke, pastor of Tillman United Methodist Church, followed by the pledge to the flag. Mayor Bacon said that tonight was Willouise Spivey's last council meeting since she is retiring effective the end of the year. Willouise was hired in March 1964 and Max said it had been his privilege to serve 7 years with her. Due to her efforts, the City is now in a strong financial position and Max said the City has never had a more dedicated employee. Patsy Hynote with Post Properties presented 22 long -stem roses to Willouise and Mayor Bacon presented her with the traditional crystal jonquil. Each council member expressed their appreciation to Willouise for her leadership and guidance the last 22 years. Willouise expressed her appreciation and stated she was leaving with mixed emotions since she has been attending council meetings for 13 years. She had enjoyed working with the City but thought it was time to move on to another stage of her life and was looking forward to retirement. CITIZENS INPUT: Sarah Hodge spoke on behalf of her mother who lives on Ventura Place. Mrs. Hodge said they are continuing to have problems with Billy Howard's Wrecker Service from fighting, obscene language, cars parking on the street, etc. Mrs. Hodge said it does no good to call the police. Mayor Bacon said they are aware of the complaints the residents on the street have, and the City has already been in contact with the wrecker service. Shirley Davis also complained of the wrecker service and said they did not have adequate parking for their customers or equipment and are using the street or sometimes the First National Bank driveway. Eddie Vonic said he was very happy to have known Willouise Spivey the last few years and had enjoyed his visits with her. Mr. Vonic wished Willouise the best health and success with each passing day. Dick Justice from the Smyrna Jaycees requested approval to hold a road block to benefit the Empty Stocking Fund December 6 and 7 with a rain date of December 13 and 14, at the intersection of Spring and Hargrove. DEPARTMENT REPORTS: Reports were given from Fire, Police, Emergency Management, Finance and Community Development departments. PUBLIC HEARINGS: (A, B, C, D) Variance request - front yard setbacks at 1097, 1099, 1101 and 1103 Creatwood Circle. John Patterson said these variance requests were tabled at the last meeting so that additional information could be obtained about the variances and the causes of the encroachment. At the last meeting Mr. John Beasley with TWB Developments, Inc. stated that several mistakes were made by a surveyor and superintendent which led to the building being staked out wrongly and causing the encroachment into the building setback. Arthur Crowe represented TWB Developments and there was no opposition from the audience. Joel Harrell told Mr. Crowe that at the last meeting Mr. Beaseley stated that some days had passed between the time the discrepancy was found and the time it was actually reported and asked if he had any knowledge of that. Mr. Crowe said he had heard that himself, but had no personal knowledge of it. Joel Harrell said that Mr. Beasley informed council that there was a 15 to 20 day time period from the time the error was found until work was ceased. Mr. Crowe said if that was what Mr. Beasley had told council then he would assume it was correct. Mr. Crowe said this property that is being developed had been in his family since before the turn of the century and he had entered into a joint venture agreement with TWB Developers on a 50-50 basis where he would put up the land and they would develop the property. Mr. Crowe said they have had problems from the beginning and now could not get the square footage value that they might have had at another location. This variance was caused from the original surveyor placing the street off center of the right of way and the job superintendent measuring from the curb line rather than the center of the right of way. To tear the structure down would cost $160,000. Mr. Crowe said to look at the building you could not tell there was a discrepancy and this is the last building in the development. November 17, 1986 - continued Joel Harrell told Mr. Crowe the road was off approximately 5 feet but the encroachments are greater than that and this puts the City in a very difficult situation because council is being asked to grant a variance to correct an error on the part of the builder. Joel Harrell made a motion to grant variances for front yard setbacks for structures at 1097, 1099, 1101 and 1103 Creatwood Circle subject to a fine as per the City Zoning Ordinance Section 1307 which reads: "Any person, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined a minimum of two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for each offense. Each day such violation continues shall constitute a separate offense." Said fine will be set at $200.00 per day per unit for 15 days which the structures were in violation. Total fine will be $12,000.00 and must be paid in full prior to the issuance of Certificate of Occupancy on any of the units. Hugh Ragan seconded the motion which carried 5-0, with Jerry Mills abstaining. (E) Four (4) variances requested for development on Atlanta Road next to Paces Ferry North Townhomes. Joel Harrell made a motion these variances be tabled to the December 8th meeting. Bob Davis seconded the motion which carried 6-0. (F) Beer and wine pouring license - Caproni's Pizza & Pasta Inn, 821 Concord Road. John Patterson said that Mr. Thomas Alfred Iles has requested a license to sell beer and wine at his new restaurant in Concord Corners Shopping Center. The location meets all distance requirements and the background investigation is favorable. There was no opposition. Mr. Iles said he had read and understood our ordinances and would be on the property 4 days a week. With little discussion Jim Hawkins made a motion the license be approved. Jerry Mills seconded the motion which carried 6-0. (G) Annexation of Munford, Inc. property on Oakdale Road in Land Lot 752. There was no opposition and Hugh Ragan made a motion the Munford convenience store at 5055 Oakdale Road be annexed into the City to become a part of Ward 7, the legal description having been read and madea part of the minutes of October 20, 1986. Jim Hawkins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Amendment to Home Occupation License ordinance. John Patterson said that on August 18th council placed a 90 day moratorium on home occupation licenses due to lack of conformance by several holders of licenses and also due to several questions regarding the issuance of additional licenses. Joel Harrell said the committee had reviewed a proposed amendment to the ordinance but feel it needs some refinement. Joel Harrell made a motion the ordinance amendment be tabled for an additional 30 days and that the moratorium also be extended to that time. Bob Davis seconded the motion which carried 7-0. (B) Amendment to Alcoholic Beverage Ordinance. John Patterson said the Community Development Committee had approved a proposed ordinance amendment which would effectively eliminate any person who has been convicted of 2 or more violations of alcohol or drug laws from holding an alcoholic beverage license. Joel Harrell made a motion that Section 3-26 of the Code of Ordinances be amended by adding a new sub -paragraph (16) to read as follows: Section 3-26 (16) That the applicant has been convicted of 2 or more offenses, including traffic violations involving the use or abuse of any alcohol, malt or vinous beverage, spirituous liquor, or drug, within the 3 years preceding the application. Bob Davis,seconded the motion which carried 6-0. (C) Validation of signaures to annex Post Properties acreage - South Cobb Drive at Camp Highlands Road. November 17, 1986 - continued John Patterson said that John Williams and Barry Teague had requested annexation of 55.911 acres in Land Lots 619, 620, 677, 678, 692 and 691 which is zoned RM-12 and General Commercial and is presently under construction. Attorney Camp read the legal description 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 Lots 619, 620, 677, 678, 692 and 691 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin at the intersection of the north right of way line of the Seaboard Coast Line Railroad and the west land lot line of Land Lot 619; thence north 00 degrees 04 minutes 32 seconds west a distance of 75.55 feet; thence south 88 degrees 26 minutes 46 seconds east a distance of 573.40 feet; thence north 39 degrees 44 minutes 54 seconds east 136.00 feet; thence north 14 degrees 32 minutes 00 seconds west 178.29 feet; thence south 88 degrees 58 minutes 40 seconds east 99.76 feet; thence north 01 degrees 01 minutes 20 seconds east 232.11 feet; thence south 89 degrees 34 minutes 06 seconds east 335.11 feet; thence north 02 degrees 07 minutes 06 seconds east 36.54 feet; thence north 22 degrees 40 minutes 56 seconds east an arc distance of 46.66 feet; thence north 02 degrees 07 minutes 06 seconds east a distance of 159.00 feet; thence north 45 degrees 37 minutes 03 seconds east an arc distance of 88.01 feet; thence north 89 degrees 07 minutes 00 seconds east 225.00 feet to an iron pin on the west land lot line of Land Lot 677; thence along the west land lot line of Land Lot 677 north 02 degrees 18 minutes 54 seconds east a distance of 679.28 feet to an iron pin on the south right of way of Camp Highland Road (being a 60 foot right of way at this point); thence along the south right of way of Camp Highland Road north 55 degrees 49 minutes 34 seconds east 229.71 feet to an iron pin set at the intersection of the southwest corner of Camp Highland Road and South Cobb Drive (SR 280); thence running southeasterly along said right of way of South Cobb Drive south 47 degrees 32 minutes 05 seconds east 98.37 feet; thence south 47 degrees 24 minutes 54 seconds east an arc distance of 42.56 feet; thence south 46 degrees 03 minutes 04 seconds east an arc distance of 500.02 feet; thence south 44 degrees 08 minutes 47 seconds east an arc distance of 256.86 feet; thence south 43 degrees 29 minutes 42 seconds east a distance of 257.68 feet; thence south 43 degrees 29 minutes 42 seconds east a distance of 741.71 feet to an iron pin set at the northwesterly right of way of the Seaboard Coast Line Railroad and South Cobb Drive; thence along the right of way line of the Seaboard Coast Line Railroad south 76 degrees 32 minutes 32 seconds west 316.62 feet; thence north 02 degrees 49 minutes 26 seconds east 15.63 feet; thence south 76 degrees 32 minutes 32 seconds west a distance of 1,315.86 feet to an iron pin set on the west land lot line of Land Lot 678; thence north 02 degrees 49 minutes 26 seconds east a distance of 10.42 feet; thence continuing along the north right of way of the Seaboard Coast Line Railroad south 76 degrees 32 minutes 32 seconds west a distance of 484.13 feet; thence north 87 degrees 24 minutes 23 seconds west an arc distance of 480.81 feet; thence north 71 degrees 25 minutes 02 seconds west 398.88 feet to an iron pin on the west land lot line of Land Lot 619 and the point of BEGINNING. Also, all that tract or parcel of land lying and being in Land Lot 620 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: To find the true point of BEGINNING, commence at an iron pin found located at the land lot corner common to Land Lots 619, 620, 677 and 678 of the 17th District, 2nd Section of Cobb County, Georgia; run thence along the land lot line common to Land Lots 620 and 677, said District, Section, and County, the following courses and distances: north 01 degrees 29 minutes 02 seconds east a distance of 231.55 feet to an iron pin found; north 02 degrees 18 minutes 54 seconds east a distance of 67.65 feet to a point, said point being the true point of BEGINNING. From the true point of BEGINNING as thus established, leaving said land lot line common to Land Lots 620 and 677, said District, Section, and County, south 89 degrees 07 minutes 00 seconds west a distance of 225.00 feet to a point; thence southwesterly along the arc of a 57.96-foot radius curve an arc distance of 88.01 feet to a point (said arc being subtended by a chord that lies to the southeast of said arc and that has a November 17, 1986 - continued bearing of south 45 degrees 37 minutes 03 seconds west and a length of 79.79 feet); thence south 02 degrees 07 minutes 06 seconds west a distance of 159.00 feet to a point; thence southwesterly along the arc of a 65.00 foot radius curve an arc distance of 46.66 feet to a point (said arc being subtended by a chord that lies to the northwest of said arc and that has a bearing of south 22 degrees 40 minutes 56 seconds west and a length of 45.66 feet); thence south 02 degrees 07 minutes 06 seconds west a distance of 36.54 feet to a point; thence north 89 degrees 34 minutes 06 seconds west a distance of 437.80 feet to an iron pin found; thence north 06 degrees 24 minutes 57 seconds east a distance of 78.65 feet to an iron pin found; thence north 25 degrees 53 minutes 20 seconds east a distance of 86.21 feet to an iron pin found; thence south 84 degrees 18 minutes 34 seconds east a distance of 179.62 feet to an iron pin found; thence north 14 degrees 59 minutes 55 seconds east a distance of 120.30 feet to an iron pin found; thence south 74 degrees 24 minutes 11 seconds east a distance of 20.76 feet to an iron pin found; thence north 56 degrees 35 minutes 40 seconds east a distance of 83.49 feet to an iron pin found; thence north 31 degrees 53 minutes 55 seconds west a distance of 138.78 feet to an iron pin found; thence north 58 degrees 46 minutes 57 seconds east a distance of 124.98 feet to an iron pin found; thence north 55 degrees 38 minutes 52 seconds east a distance of 114.20 feet to an iron pin found; thence north 18 degrees 32 minutes 23 seconds west a distance of 204.59 feet to an iron pin set located on the southeastern right of way line of Camp Highland Road (having a 60-foot right of way width); thence along said southeastern right of way line of Camp Highland Road north 58 degrees 33 minutes 31 seconds east a distance of 50.05 feet to an iron pin set; thence, leaving said southeastern right of way line of Camp Highland Road, south 18 degrees 36 minutes 42 seconds east a distance of 331.44 feet to an iron pin found; thence north 58 degrees 06 minutes 23 seconds east a distance of 55.00 feet to an iron pin set; thence south 88 degrees 29 minutes 25 seconds east a distance of 147.98 feet to an iron pin set located on the land lot line common to Land Lots 620 and 677, said District, Section and County; thence along said land lot line common to Land Lots 620 and 677, said District, Section and County, south 02 degrees 18 minutes 54 seconds west a distance of 179.30 feet to A point, said point being the true 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/JOHN WILLIAMS & BARRY TEAGUE Hugh Ragan made a motion the signatures be validated and the public hearing date set for December 8, 1986; Kathy Brooks seconded the motion which carried 6-0. BID AWARDS: (A) John Patterson said that due to a critical need in the Police Department we need to purchase two vehicles. Two of our police cars have recently been wrecked and one has a blown engine. One police package vehicle is available at Hub Ford through the State contract. The Detective Division has a patrol car in their division which will be transferred back to patrol. Chief Little has found a 1986 Ford LTD for the Detective Division for $8,000. Jim Hawkins made a motion the police package vehicle from Hub Ford be purchased at $11,500 and that the 1986 LTD be purchased from Hertz used cars for $8,000. Hugh Ragan seconded the motion. Jerry Mills said he had a problem with the purchase of the used car because it has not been bid and felt it should be and would vote against the motion for that reason. Following discussion, vote on the motion carried 5-1, with Jerry Mills opposed. COMMERCIAL BUILDING PERMITS: None to present. CONSENT AGENDA: (A) Stop signs at Oaks of Concord (Oaks Parkway at Poplar Pointe) (B) Change first meeting in December to December 8th (C) Mayor authorized to sign quit claim deed Hugh Ragan made a motion the consent agenda be approved. Joel Harrell seconded the motion which carried 6-0. COUNCIL INPUT: Mayor Bacon congratulated the library for their 50th anniversary reception. November 17, 1986 -.continued Bob Davis thanked the Fire Department, Police Department and Emergency Management personnel for the fine job they did on Spring Road last week with the school bus accident. Jim Hawkins thanked John Williams and Barry Teague for their request for annexation tonight. Hugh Ragan also thanked Doris for the fine reception at the library last Sunday. The City has one of the finest libraries you will find and Hugh thanked all those that participated. With no further business, meeting adjourned at 9:00 p.m. x�CsYk�CsY�sY��i4r�•4r� ��r�sYsYsY November 24, 1986 A special called meeting of Mayor and Council was held November 24, 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 and Assistant City Clerk Melinda Dameron. The purpose of this meeting was to hear the appeal of Recorder's Court by Lynn Rolfe. On October 30, 1986, Ms. Rolfe was found guilty of violating Section 402.1 of the City Ordinance by changing the use of a structure at her home at 1271 Falling Water Drive. All witnesses were sworn in by Attorney Camp and sequestered at the request of Jim Berry, Ms. Rolfe's attorney. After hearing all testimony and evidence presented, Bob Davis made a motion the Recorder's Court decision be upheld. Jim Hawkins seconded the motion which carried 7-0. With no further business, meeting adjourned at 9:45 p.m. A. MAX BACON, MAYOR WILLOUISE C. SPIVEY, CITY CLERK BOB DAVIS, WARD 1 L HARRELL, WARD 2 / 4-,fA Z�ORRY ILLS, WARD 3 JAMES M. HAWKIN , WARD 4 r SHINALL, WARD 5 KATHY BR00 , ARD 6 HUGH 'RAGAK, WARD