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June 17/27, 1991 Council Meeting June 17, 1991 The regular scheduled meeting of Mayor and Council was held June 17, 1991 at Smyrna City Hall. The meting 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. Also present was City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Police Chief stan Hook, Communications Director Steve Ciaccio, Community Relations Director Kathy Barton, Library Director Laurel Best, Personnel Director Jane Mears, Accounting Supervisor Claudia Edgar, Parks Facility Manager Susan Hunt and representatives of the press. ... Invocation was given by Gary Ellison, pastor of Calvary Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Howard Martin, a citizen of Lee Street asked that improvements be made to the turn lanes on Concord Road at Lee Street and also on South Cobb Drive in front of the Kroger Shopping Center. These lanes are hazardous and sometimes confusing to drivers. Vic Broyles suggested that reflectors also be used in the turn lanes on Concord Road but we would need our traffic engineer to study the intersection at South Cobb Drive. Mr. Martin also commented on projects. Mayor Bacon said we the companies paving for the Secrist about them. the quality of some of the recent paving have had quite a few complaints about one of county and he had already talked to Chairman Bill Alexander, President of Smyrna Bank and Trust thanked council for their recent decision to not participate in the GMA Investment Pool and keep city funds invested locally. Mr. Alexander said his bank has contributed quite a bit to the community through various civic projects and felt sure other banks had as well. ... Holly Cash spoke for Friends of the Library and stated they are currently involved in promotional activities including book sales and the Big Star Apple computer program. Ms. Cash suggested that council consider amending their current policy to allow citizens residing outside the City to use the library as well as people who work here but do not live here. That policy would also include people who have Smyrna mailing addresses but are on the outside fringe area of the City. A reasonable fee for these people would help with the purchase of books and also benefit the City. Mr. Lnenicka thanked Ms. Library as well as other adopt-a-mile litter program donated $30 to the Friends fee along with a subpoena hearing. Cash for her involvement in the Friends of the programs sponsored by the City including the and pilot neighborhood recycling. Mr. Lnenicka of the Library that he had received as a witness from Mr. B. Don Gravley in the Platinum Plus PUBLIC HEARINGS: Mayor Belmont agenda. Bacon asked that Hills Shopping item Center (K) , be the moved request for an additional sign at to the front of this part of the Jack Halpern requested an additional sign at Belmont Hills Shopping Center on the Atlanta Road side of the property. There are currently two business signs for tenant use in the shopping center. The signs are identical, with one on Atlanta Road and the other on Windy Hill Road. This sign, if approved, would also be identical. There was no opposition. .. Mr. Halpern said the construction of the additional pylon sign would be at the south end of the center, several hundred feet from the nearest other sign. Additional signage is necessary to attract tenants to the building that sits in the back and also provide some road visibility. This sign would take the place of an old sign that is grandfathered and still standing on the site. Kathy Jordan said there are several portable signs on the property now that she did not agree with and asked if he would be willing to stipulate the discontinuance of all portable signs. Wade Lnenicka said he agreed, and there are now a total of 11 signs at Belmont Hills. He had consistently opposed granting additional signs for cOlmnercial properties and although the size of this center would probably warrant additional signage, he could not support a June 17, 1991 meeting - continued signs on for his attempt however, to approve the variance unless he would refuse the use of portable the property. Mr. Halpern said he would now have signage available tenants so they would not need portable signs and he would certainly to eliminate them. The permits that have already been granted, were granted to individual tenants and not to the property owner. motion Kathy Jordan made a motion the variance be approved to allow construction of a third sign at Belmont Hills as requested. Bill Scoggins seconded the motion which carried 6-0. (A) Resolution - Smyrna Comprehensive Plan 1991-2000 Bob Davis indicated the Smyrna Comprehensive Plan will be on file in the office of our City Clerk, Melinda Dameron for review. Michael Hughes and Rob Hosack of the Cobb County Planning Department have worked over a year on this plan. Mayor and Council met numerous times to revise and review the document and we feel it is a good plan. Tonight we would be adopting a resolution to submit a draft of the Comprehensive Plan to the Atlanta Regional Commission. Allen Potter was asked if he had any comments on the plan and Mr. Potter indicated he did not have any comments other than he mentioned the hard work put into the plan and the public hearings held on the plan. Jim Hawkins stated this resolution came about as the result of the Georgia Planning Act enacted by the Legislature in 1989 and mandates that the local governments have a long range plan in the areas of population, housing, economic development, community facilities, natural and historical resources and land use. Basically we are urged by the state to take a long range view of what our needs are going to be and to project growth. ..", Bob Davis made a motion that we submit the Comprehensive Plan to the Atlanta Regional Commission for their review. Wade Lnenicka seconded the motion which carried 6-0. (B) Zoning Appeal - 2490 Ventura Place This is the property of Mr. Donald B. King. Mr. King was not in attendance nor was anyone here to discuss this issue. Kathy Jordan made the motion that the zoning appeal be denied. Jim Hawkins seconded the motion which carried 6-0. ...., (C) Charter Amendment - Article III, Section 6(B) Jim Hawkins indicated this issue had been duly advertised and falls under home rule that we will read this amendment tonight but will not vote on it. It will be on the next Council Agenda where it will be read a second time and then voted on. The new ordinance would read as follows: Effective January 6, 1992, the mayor of the City of Smyrna shall be paid a salary of seven hundred twenty-five dollars ($725) per month and each councilman of the said city shall be paid a salary of five hundred dollars ($500) per month. Thereafter, the salaries of the mayor and seven councilmen shall be increased by twenty-five dollars ($25) per month each year, effective the first Monday of January each year through the term of office ending December 31, 1995. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the City of Smyrna. This will be advertised and read again at the next council meeting and action will be taken at that time. This will affect the incoming mayor and council effective January 6, 1992. The mayor asked if there was any public comment on this issue. There was none. No motion is necessary on this item. (D) Privilege License - Liquor, Beer and Wine Package, 1651 Smyrna Roswell Road - Ms. Sunny Hahm ...., The mayor asked if there was anyone here in opposition to the granting of this license. There was none. Bill Scoggins asked Ms. Hahm if her partner Mr. Hector Trevino was present. Mr. Trevino was asked to come forward with Ms. Hahm. Mr. Scoggins asked Ms. Hahm if she understood our ordinances and was aware of the sting operations conducted by our Police Department. Ms. Hahm indicated she had read the material relating to her license request. Mr. Scoggins asked how she planned to keep from selling alcohol to minors. Ms. Hahm indicated they would place ... ... ... June 17 meeting - continued a sign on their door indicating all persons would have to present an 10 before purchasing alcohol. Mr. Scoggins also asked Mr. Trevino the same questions and he replied that he would ask the patrons for their 10 in order to prove they were not minors. Mayor Bacon indicated the policy proposed by Ms. Hahm and Mr. Trevino would take a lot of pressure off the owners and the Police Department. Wade Lnenicka stated that the word would get out that anyone who came into this establishment would have to produce an 10 and prove their age and people who might try to do something would go elsewhere. Kathy Jordan asked Ms. Hahm if this was going to be her first license and Ms. Hahm replied it was. Bill Scoggins indicated that the police department report indicated there was nothing in their report that would preclude Ms. Hahm from obtaining her license and made the motion that the new application submitted for retail package store 1651 Smyrna Roswell be approved. Kathy Jordan seconded the motion which carried 6-0. (E) Home Occupation License - 2209 Lake Park Drive, Apt. N - Elizabeth Shick Bacon asked Ms. Shick to come forward and asked if there was anyone in opposition to the granting of this home occupation license. There Mayor present was none. Bob Davis indicated that this license is for medical illustrations for court cases. Ms. Shick stated her services are for use in court rooms to show jurors what happened to accident victims. She illustrates injuries and surgeries. These exhibits are 30" by 40" using markers, colored pencils and they are laminated. Most of the clients are out of state and most work is done over the phone. She presented examples of her work. Mayor Bacon asked if this property was one of the Post Development properties and she responded that it was. Bob Davis indicated he had talked with Dan Falk, Post Properties, and he had no objection to this license. Bob Davis asked if there would be any type of chemicals used and Ms. Shick replied there would not. There would be no type of advertisement except the mail. Ms. Shick does have a post office box and therefore her address would not appear on any of her letterhead. Mr. Hawkins asked how people became aware of her services. She responded her clients are attorneys and they would contact her. She would then prepare a written quote describing the exhibit and the price and then they would discuss that, if accepted they would send her the medical records, their x-rays, photographs and any pertinent information. She would illustrate from those materials and do preliminary sketches which would be sent to the expert witnesses, i.e., the doctor's involved for their review and their corrections. The final full color exhibit would then be produced. Ms. Shick has a Bachelor's Degree in Scientific Illustration and took Master's courses at the Medical College of Georgia in Medical Illustration and worked for four years as a medical manager at Medical Legal Illustrations in Marietta. Ms. Shick has lived at Post Properties for a little over two years. Ms. Jan Ransom from Post Properties indicated they fully endorse what Ms. Shick is doing and they are in favor of her being granted a license. Bob Davis stated these home occupation licenses are reviewed in January of each year and therefore her license would be reviewed again at that time if it is approved tonight. Kathy Jordan asked if Ms. Shick had an office set up in her apartment. Ms. Shick has a drafting table and a small table of her supplies and a lettering machine and that is all. Bob Davis made a motion to grant this request to 2209 Lake Park Drive, Apt. N. Jim Hawkins seconded the motion which carried 6-0. (F) Massage Therapist, 1461 Smyrna Roswell Road - Stacy Shirley Mayor here Bacon asked in opposition Ms. Shirley to come forward and asked if there was anyone to the granting of the massage therapist license. There was none. Bill Scoggins stated that he has some reservations about this license request. He has done some investigation into this type of business and asked where she received her training. Ms. Shirley stated she attend the Atlanta School of Massage, a nationally accredited school off North Shallowford Road. They have been in business since 1980, she attended school for 6 months. She indicated she would be working on Saturday's during normal business hours and possibly a couple of days through the week part time, possibly four hours a day through the week and five to six hours on Saturday. She is hoping to obtain her sports massage certification in hopes that she can be on the sports massage team for the 1996 Olympics. Bill stated the hours of the Beauty Salon are from 9:00 6:00 and no Sunday hours. Ms. Stacy is currently doing landscaping work now and has not worked as a massage June 17, 1991 meeting - continued therapist before. Bill Scoggins asked if Ms. Shirley would have a problem with the stipulation that she not have any signs advertising her work. She replied that would not be a problem. Bill Scoggins made a motion that the massage therapist license for 1461 Roswell be approved with the following stipulations that she maintain the hours from 9:00 - 6:00, no Sunday hours, no signs indicating that her business is there. Wade Lnenicka seconded the motion and stated that the investigation conducted by Chief Hook showed no factors that would preclude her from receiving this license. There are a number of massage practitioners in the City who are operating without a license and he appreciates her coming forward in accordance with the ordinances and obtaining a license. The motion carried 5-1 with Mr. Hawkins opposing. (G & H) Privilege License - Beer and Wine Package Sales at 2539 Old Concord Road (Circle K) and 1828 Spring Road (Circle K) ... Mayor Bacon stated these had been withdrawn and no action taken on either item. (I) Adoption of 1992 Budget Jim Hawkins stated the budget brought forward tonight is actually a decreased budget over last year's budget. The projected revenues are $23,464,231 and he indicated that $750,000 that will come from the 1% Local Option Sales Tax which has to be spent on the roads. Jim Hawkins recommended that the budget be approved at $23,464,231. The budget will be available for the public's review at City Hall and copies can be purchased at $.25 per page. The motion was seconded by Bill Scoggins. Mayor Bacon asked if there was any public comment on the budget. Mayor Bacon said this budget did not reflect any layoffs of City employees. Jim Hawkins stated that the Mayor put out a memorandum with the full support of Council that with the adoption of this budget that no position can be filled in the City unless it is approved by this body and that no one could receive a reclassification or upgrade on their job unless it comes before Mayor and Council. We have implemented an employment freeze. Mr. Hawkins stated that if a vacancy occurs we will not fill that position as he feels the current employees will have to do more work for the same amount of work but he thinks we can do it. Kathy Jordan indicated that is the way it is in the private sector. Bill Scoggins commented that the Mayor and Council worked hard on this budget and wanted to commend the Mayor and council for their diligent work in reducing the budget by 5%. Any other comments? John Steely indicated he would support the budget but does not go along with some of the comments about not replacing some of the employees. If we lose an emergency personnel, fireman or police officer, we need to look at this as a separate issue as we need to keep those services up. Wade Lnenicka states that despite the good things in the budget that he can not support the budget. Mr. Lnenicka stated he felt this budget contained too many cuts that in their totality are more than what he feels he can support in good conscience. I think they represent service cuts and like Mr. Steely he is not sure that a hiring freeze in public safety is the way we should operate. We have cut out some additional money to support our new facilities and we have postponed some capital expenditures which is not the way to balance the budget. Capital expenditures have to go ahead. For those reasons, and despite the other good things that are in the budget, I can not support the budget. Jim Hawkins also stated there was about $300,000 in uncollected tax money. Jim Hawkins restated that no position would be filled unless it came before the Mayor and Council and that is not to say that if a Department Head were to corne before this body and demonstrates a need and if this body agrees then we would have to replace those positions. The intent of the memo is to be cautious about replacing anyone who leaves. Mayor Bacon stated the memo was not to indicate we would not replace any public safety item. John Steely just wanted to be certain that if we had police officers or 911 operators to quit that those positions would be filled as they are critical positions, as well as fire personnel. Bob Davis stated that he wholeheartedly supports the budget but there are one or two items he has a problem with. One item is the pulling of the money for Jonquil Park and he is not happy with that and hopes that we can work with that association over there and see what we can do to help them. Mayor Bacon stated that all departments had been affected by monies being cut from their budget. Wade stated that his not supporting the budget did not mean that John Patterson and the Department Heads did not do a good job in following their guidance in bringing in a budget that is very tight. The real test will be this corning year and we will need the support of all department heads and every employee in the City to make this budget happen. The hardest part of the budget is the implementation of the budget and he hopes that all employees will ... ...., ... ... ... June 17, 1991 meeting - continued cooperate in making this budget work. Mayor Bacon asked if there was any public comment about the budget. Ms. Brissey asked why we could not collect the delinquent taxes. Mayor Bacon responded that there are laws that you have to file the proper forms and wait in line like the rest of the people who are owed money. Jim Hawkins stated there are several shopping centers in Chapter 11 and they have some big outstanding delinquent taxes but the court won't let you collect them. Ms. Brissey asked how about the people who don't have that, I know that you have a lot of people that don't have that. Jim Hawkins indicated that most of the residential taxes had been paid. Wade stated we would get the money eventually. Jim stated that we want the money and will get it. From a legal standpoint we have to go through a long, lengthy procedure to get our tax money but we are working on it. Any other comments? Jim Hawkins stated his original motion still stands that the budget be approved at $23,464,231. Bill Scoggins seconded the motion. The motion was approved 5-1 with Wade Lnenicka opposed. (J) Establishment of the millage rate for 1992. Jim Hawkins stated that we are recommending that the millage rate for Smyrna be cut from the present rate of 12.1 and set it at 11.6 which is a reduction of one half a mill. This is due in part to the fact that we are estimating that we will gain $140,000 in the reassessment and we are going to extend the homestead exemption which is presently at age 65 to age 62 which is going to take away another $40,000 to $45,000 worth of income. By reducing the millage rate by half a mill on property taxes we estimate that we will collect $207,588 dollars less in 1992 in property taxes than we have collected this year and this is not taking into consideration the $40,000 on the reduction of homestead exemption. Actually it is about $250,000 less property taxes we're going to have to work with in 1992 if we adopt the millage rate we're proposing at 11.6. John Steely commented that if we could ever get a handle on the County Assessor's to where we can get a true number out of them, how much savings would this be, this one half mill on say a $100,000 home? About $20 a year. Mayor Bacon asked if there was any public comment. Ms. Brissey stated that if your house was reassessed and with the tax millage rollback you still would not be paying any less in property taxes. Another gentlemen mentioned that if everyone received a reassessment of 31% and the millage rate was rolled back half a mill we still would not be getting a break. Jim Hawkins made a motion that the millage rate for 1992 Budget be set at 11.6. Kathy Jordan seconded the motion. Mr. Lnenicka stated he could not support this motion. He stated his home was reassessed 48% and most of the houses and subdivisions in his ward were reassessed. The problem I have with rolling back the millage rate is that for the average home in Smyrna it's only $20 and $20 is still $20 but I gave $30 to the Friends of the Library tonight that I could have kept and broken even on this thing. The bonds that we let for the Community Center and Library, according to our Financial Advisor, required that our millage rate increase by 1.9 mills. Last year we made some economies, we cut some things, postponed and did without some things and we were able to hold the tax increase to pay for those bonds to 1.5 mills. If we now go back and roll it back another half a mill that means we are up 1.0 mills to pay for a new downtown that our financial advisors have told us will cost 1.9, that means we are taking that money from existing services and other cuts that I can not support. The other thing that we are not telling the citizens is that based on the projections of our own financial staf, if we do nothing different in next year's budget than what we are doing this year which is hold the line, cut expenses, postpone capital expenditures, it would require, if funded entirely in millage rate, a 2.0 millage rate increase on top of anything that we might decide to do in terms of expanding our new downtown. cutting back the millage rate is to me not the responsible thing for this body to do and I will oppose it. Ron Newcomb asked what the current budget figure is and what was last year's budget figure? Jim stated $23,464,231 and last year was $23,307,018. Mayor Bacon asked if there was any other public comment? The motion has been made and seconded and approved 5-1 with Mr. Lnenicka opposing. Formal Business: (A) Ordinance Amendment - Limiting Illegal Activity Chief Hook explained the ordinance and stated that it was recommended at a recent meeting of the Marietta, Cobb, Smyrna Drug Task Force that each of the independent municipalities in the County adopt. It will enable us to control and regulate the loitering in public places in a manner in an effort to June 17, 1991 meeting - continued secure illegal drugs. Without this ordinance on the books when MCS squads come onto an area where there are people loitering for the purpose of purchasing drugs, there is presently no statute on the books to enforce it. This would allow us to do and that is why I recommend to this Council that we adopt it. John Steely made the motion that we adopt the proposed ordinance. Wade Lnenicka seconded the motion which carried 6-0. (B) Ordinance Amendment - Section 14-31, Billiard Rooms, Hours of Operation Jim Hawkins stated that under our current ordinance Billiard Halls have to close at 12:00 midnight. I have had some requests from billiard hall owners that say that in other areas of the state, other cities they are allowed to remain open until 2:00 a.m. and in the past I have not been sympathetic however in lieu of the fact that the federal judge in the Platinum Plus case ruled that Platinum Plus could stay open til 2:00 a.m. I think it's kind of foolish to require a pool hall to close at 12:00 and I am going to recommend that we change Ordinance 14-31 the closing hours for billiard and pool halls and bowling alleys. However the way that it is written up I would like to make an exception to the way it is written. I will read it the way I want it to read which is: ...., No person operating a bowling alley, or pool or billiard hall covered by the provisions of this article shall permit any table to be played upon after 12:00 midnight Sunday and 2:00 a.m. during the week. If operated in conjunction with any other business and proprietary operator shall keep dark and not allow public access to that part of the business in which the pool or billiard tables are located after such closing hours. I am moving that we allow Sunday and the rest of the Seconded and approved 6-0. the billiard halls to close at 12:00 midnight week nights they can stay open til 2:00 a.m. (C) Bid Opening - Portable Protective Gym Floor Covering We received two bids for this floor covering. received from: The following bids were BSN Sports M. Putterman & Company, Inc. $4,680.00 $8,795.00 ...., Bill Scoggins made a motion to turn these bids over to the Parks and Recreation Committee for their review and recommendation at the next meeting. Kathy Jordan seconded the motion which was approved 6-0. (D) Bid Opening - Street Striping We received two bids for this project. The following bids were received from: Peak Paving and Marking, Inc. Warning Light Safety $13 ,960 .10 $9,730.00 Kathy Jordan made the motion that these bids be turned over to the Public Works Committee with a recommendation at the next meeting. Jim Hawkins seconded the motion which was approved 6-0. (E) Validate Petition to Annex Property at 4342 Fawn Lane Charles Camp read the legal description as follows: All that tract or parcel of land lying and being in Land Lot 243 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: ...., BEGINNING at an iron pin found on the northerly right of way of Fawn Lane (a 50' right of way), said pin being located 92 feet from the east line of Land Lot 243; from said point of beginning running south 84 degrees 00 minutes west along the right of way of Fawn Lane a distance of 42.68 feet thence running north 20 degrees 22 minutes 20 seconds west a distance of 201.98 feet; thence north 84 degrees 25 minutes east a distance of 140 feet to an iron pin found; thence south 06 degrees 00 minutes east a distance of 191.51 feet to an iron pin found at the point of BEGINNING. ... ... .... June 17, 1991 meeting - continued The land was here. described by Pamela Elaine Butler. She was not present. Mayor Bacon asked if Ms. Butler John Steely indicated this is an area in Deerwood Subdivision and wants to be part of the City. I move that we validate the petition and set a public hearing date for July 15, 1991. Wade Lnenicka seconded the motion. Mr. Camp indicated the legal description leaves out about 42 feet along Fawn Lane. Ms. Dameron our City Clerk is to check on this. Motion was approved 6-0. Bid Awards: (A) Signage for Community Center/Library Mr. Lnenicka explained the signage would be for interior and possibly exterior signage at the new community center and library. We received six bids. This is one of the bids that we originally sent out and only received one bid returned and that was from Architectural Sign Systems. At that time we moved to not count that bid and to submit bid requests again to the vendor package. We received six bids at this time. Architectural Sign Systems did not change their original bid number which was read into the public record that first night. Their bid was $9,539. The next lowest bid was only $25 different, Scott Graphics - Ad-Pro Signs $9,567.44. While neither company is located within the City of Smyrna, Scott Graphics - Ad Pro Signs is owned by a Smyrna resident and normally I would move to award the bid to that person. However, tonight I feel that since Architectural Sign Systems submitted their bid the first time and had that nlmilier read into the public record and therefore available for everybody to see and stuck with that number and came back and was still the low bid (although not by much) I will move that we award the bid to Architectural Sign Systems for $9,539. Jim Hawkins seconded the motion which was approved 6-0. Commercial Building Permits Mayor Bacon there were none. Consent Agenda (A) Approval to advertise for closing of Cliff Crest Drive. (B) Approval of June 3, 1991 Minutes. (C) 3-Way stop Sign - Lynwood Court @ Lynwood Drive (D) No Parking on Hamby Street from Powder Springs to Atlanta Road. Mayor Bacon asked if there was a motion to approve these items. Wade Lnenicka stated that before we do this he wanted to ask a question of Ms. Dameron. He asked if on the June 3, 1991, minutes are we authorized to approve those minutes since we don't yet have a complete copy before us. Mr. Camp indicated that we should wait until a complete copy to approve. June 3 is the meeting where we had the lengthy discussion with Mr. Don Gravley and James Osborne, the attorney, of Platinum Plus. Mayor Bacon asked if we could hear a motion to approve Item 7 A of the Consent Agenda, 7C and 70. Wade Lnenicka so moved and it was seconded by Bob Davis. Any further discussion? Approved 6-0. Council Input Bob Davis asked Vic if we were going to be in the Highlands pretty soon on the paving, do you know when that will be? Vic responded about a week to two weeks. Mr. Davis stated we have numerous streets over there and Vic said we would notify the residents before we go in there. Bob mentioned to Ken Hildebrandt that he is still having problems with the lighting on Village Parkway and asked if he had received any more complaints. Mr. Hildebrandt indicated he had not. Mayor Bacon asked Vic if he had his summer crews on yet and Mr. Broyles replied that he did. Vic stated that one thing that had presented problems for him was the paving crew. We have 71 streets on this paving crews and you have to understand that when you have 25 driveways for each one that we have to go back in behind them for nine of those driveways because they are either too high or too low. The paving crew goes on because they don't care. So when you ask me why I'm not on this creek or that creek it's easy for me to tell you that that $750,000 is good but it's causing me a lot of work. Wade Lnenicka asked Vic about Jane Court which is being paved by Cobb County June 17, 1991 meeting - continued under last year's LARP Program. Vic responded that the County's crews are good and they do good work. Whenever a piece of equipment breaks down in another part of the county they have to take it away from the crews down here. It took them four weeks to do King Springs Road. What made them so mad with me was that C. W. Matthews went in there beside them and go two times a longer street in one day and came out of there and we'd been in there four days on Hickory Mill Road. The creeks in the various wards have not been forgotten but they can not be done until the weather drys up and the yards are too soft to allow us to get our equipment in there without really tearing up their yards and the creeks. Wade asked Laurel Best to come up and talk about some of the things going on over at the Library. Laurel reported that we have over 420 children signed up for the Summer Reading Program and that registration will continue until June 29. We will be moving the first two weeks of July and we plan to be closed from July 1 to July 15 when we will open up in the new Smyrna Library. In between the Children's Programs will continue there will be no cancellation of programs. Check the times and locations. Any other questions? Wade asked if it was true the Library would have a new phone number and she replied yes and the new number is 431-2860 and if you dial the old number you will get a recording that will give you the new number. The new number will not be effective until July 15. No books will be due back in the library from July 1 to July 15 however we will have book drops located at both the old library and the new library. We will not be charging any fines for that period of time. Wade mentioned the POW's and MIA's and the fact he has received a letter from Congressman Buddy Darden assuring him that he will continue to monitor the situation and press for the accountability of all Americans who remain missing in action. I appreciate his support on this issue. I also received in the mail Saturday, unsigned and without any note something from Jesse Helm's staff. It is a paper called "An Examination of u.S. Policies Toward POW's and MIA's" and it is dated May 23 and it is by the Foreign Relations Senate Committee Republican Staff so it's the minority staff of the U. S. Senate. I would like to just read two brief sentences in it that I think continue to hit a theme that I think is important. "After examlnlng hundreds of documents relating to the raw intelligence and interviewing many families and friends of POW's and MIA's the minority staff concludes that despite public pronouncements to the contrary the real internal policy of the U. S. Government was to act upon the presumption that all MIA's were dead. As a result the minority staff found any evidence that suggested an MIA might be alive was uniformly and arbitrarily rejected." This is a dynamite report and goes into great detail in classified documents that have been released which verify all these things. Again I ask our veterans organizations here in Smyrna and all veterans to press your public officials for accountability on this issue. With that I yield. Mr. Scoggins said he would like to tell Vic that all is not lost. I have received a call from the Second Baptist Church here on Atlanta Street and several of the deacons got together and wanted to relay their thanks to you for helping them. They really appreciate it. Kathie Barton came forward to give her report. She mentioned that on July 20 we will have another Adopt a Highway clean up campaign. We do have one mile of available space to be adopted. If anyone is interested just give her a call at 434-6600. The area is on South Cobb Drive beginning at Smyrna Powder Springs and goes north to Pat Mell Road. Mr. Scoggins called on Susan Hunt to report in Sherry Reavis' absence. Susan reported on Brinkley Park and that the equipment is in and ready for the children to use. Tolleson pool and Jonquil pool are open and Church Street pool will be open the end of this month. Our summer swimming lessons have already started and this Friday night is our next free concert and we invite all to attend. We are featuring the Flaming "A"'s which is a country band. The fourth of July celebration will have the usual fireworks and the Quadrabones will be the entertainment. The Whirligig at Rose Garden Park took place last Saturday and they had an excellent turnout. Mr. Hawkins mentioned that the reason McCauley Road has not been resurfaced is that it is on the state LARP program not on the 1% Road Program and it was scheduled to be done last spring but it is still unpaved. Mr. Patterson is working diligently with the State to try to find out when they will get back out here. He is not getting much response from them. It is an approved street to get resurfaced and we are still working on it. asked Chief Williams responded it looks currently open in the test for this opening. about the status of the new Fire Station. good and the walls are going up. We have fire department and we had 141 applicants At the three way stop at Lynwood Drive @ Kathy Jordan Chief Williams one position to take the -- -- -- June 17, 1991 meeting - continued Lynwood Court they speeding problems. Please slow down and of July sanitation Wednesday and that is do have some parking problems down there as well as There are a lot of children who live on that street. observe the stop signs. Kathy also announced the Fourth schedule. The Thursday pick up will be picked up on the only change to the schedule. John Steely asked about the manholes once the paving is completed. We will put the lids on after the paving is completed. steve Ciaccio stated he had nothing to report. Chief Hook also had nothing to report. Mayor Bacon reported that Smyrna Bank and Trust had put almost $37,000 back into the community and in addition to that they employ about 32 people here in Smyrna. He also congratulated Donna Harris on her promotion with the -.. Marietta Daily Journal and asked who her replacement was. She indicated she did not know at this time. With no r business the meeting adjourned at 9:32 p.m. ~ /:J- ~.fl~ B~AVIS' WAR9 1 BI'u IA:Ld~~' JACK SHINALL, WARD 5 /uI~-l-,- JOHN STEELY, WARD 7 ... ... ... ... ... June 27, 1991 A special called meeting of Mayor and Council was held in Smyrna City Hall on June 27, 1991. The meeting was called to order at 6:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for John Steely. Also present was City Administrator John Patterson, City Clerk Melinda Dameron and City Attorney Charles E. Camp. The purpose of the meeting was to validate the petition for annexation of property on North Cooper Lake Road and Sherwood Road for Chester A. Austin, et al. The legal descriptions were read by Attorney Camp as follows: We, the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) 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 laws of the State of Georgia, said property being annexed being described as follows: PARCEL 1 All that tract or parcel of land lying and being in Land Lots 338, 382, 383, 410 and 411 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Land Lots 382, 383, 410 and 411, run thence north 01 degrees 17 minutes 26 seconds west a distance of 690.08 feet to a point, said point being the TRUE POINT OF BEGINNING; running thence north 89 degrees 39 minutes 35 seconds east a distance of 496.70 feet to a point on the western right of way of Lake Drive; running thence southeasterly along said right of way of Lake Drive a distance of 194.07 feet to a point; running thence south 89 degrees 17 minutes 02 seconds west a distance of 210.00 feet to a point; thence south 20 degrees 34 minutes 58 seconds east a distance of 140.40 feet to a point; running thence north 77 degrees 56 minutes 32 seconds east a distance of 200.00 feet to a point on the southwest right of way of Lake Drive (50' right of way); running thence southeasterly along said right of way of Lake Drive a distance of 51.37 feet to a point; running thence south 77 degrees 56 minutes 32 seconds west a distance of 195.86 feet to a point; running thence southerly along the east edge of an existing lake a distance of 1638.6 feet more or less to a point; running thence north 86 degrees 47 minutes 46 seconds east a distance of 283.00 feet to a point on the western right of way of Lake Drive; running thence south 02 degrees 58 minutes 32 seconds west along said right of way of Lake Drive a distance of 40.11 feet to a point; running thence south 86 degrees 47 minutes 46 seconds west a distance of 252.92 feet to a point; running thence south 01 degree 55 minutes 17 seconds west a distance of 510.39 feet to a point; running thence south 88 degrees 04 minutes 07 seconds west a distance of 685.20 feet to a point; running thence north 01 degree 49 minutes 00 seconds west a distance of 58.75 feet to a point; running thence south 88 degrees 06 minutes 00 seconds west a distance of 309.62 feet to a point on the northern right of way of Austin Drive; running thence north 36 degrees 16 minutes 12 seconds east a distance of 94.43 feet to a point; running thence north 12 degrees 42 minutes 57 seconds east a distance of 83.86 feet to a point; running thence north 67 degrees 16 minutes 57 seconds east a distance of 246.55 feet to a point; running thence north 01 degree 49 minutes 00 seconds west a distance of 352.75 feet to a point; running thence south 88 degrees 00 minutes 51 seconds west a distance of 796.52 feet to a point; running thence south 00 degrees 03 minutes 42 seconds west a distance of 233.02 feet to a point; running thence south 88 degrees 20 minutes 28 seconds west a distance of 466.65 feet to a point; running thence north 81 degrees 23 minutes 25 seconds west a distance of 251.76 feet to a point on the east right of way of North Cooper Lake Road (50' right of way); running thence along a curve to the left along said right of way of North Cooper Lake Road an arc distance of 389.06 feet (radius 2738.71 feet, Chord - north 19 degrees 35 minutes 12 seconds west a distance of 388.73 feet) to a point; running thence north 23 degrees 39 minutes 22 seconds west along the eastern right of way of North Cooper Lake Road a distance of 362.06 feet to a point; running thence along a curve to the right along said right of way of North Cooper Lake Road an arc distance of 62.20 feet (Radius - 1650.00 feet, Chord = north 22 degrees 34 minutes 35 seconds west a distance of 62.20 feet) to a point; running thence north 87 degrees 19 minutes 20 seconds east a distance of 233.55 feet to a point; running thence north 20 degrees 46 minutes 01 seconds west a distance of 97.39 feet to a point; running thence north 88 degrees 36 minutes 56 seconds east a distance of 241.64 feet to a point; running thence north 89 degrees 53 minutes 09 seconds east a distance of 200.00 feet to a point; running thence north 01 degree 35 minutes 16 seconds west a distance of June 27, 1991 meeting - continued 266.00 feet to a point on the southern right of way of South Sherwood Road (50 foot right of way); running thence north 87 degrees 31 minutes 29 seconds east along said right of way of South Sherwood Road a distance of 453.02 feet to a point; running thence south 01 degree 39 minutes 12 seconds east a distance of 274.60 feet to a point; running thence north 88 degrees 00 minutes 57 seconds east a distance of 697.07 feet to the POINT OF BEGINNING. Said tract contains 60.92 more or less acres and is more particularly shown on a plat of survey for Chet Austin prepared by Gaskins Surveying Company dated March 11, 1991, revised June 5, 1991. PARCEL 2 All that certain property situated and being in Land Lots 381 and 382 of the 17th District, 2nd Section, Cobb County, Georgia, being Parcels 2 and 15, and being more particularly described as follows: ...., BEGINNING at the intersection of the northern land lot line of Land Lot 382 with the eastern right of way of Sherwood Drive, thence southerly along said right of way of Sherwood Drive 133 feet to a point, said point being the POINT OF BEGINNING; thence southerly along said right of way of Sherwood Drive a distance of 1023.7 feet to a point, thence easterly 612.2 feet to a point, thence southerly 278 feet to a point on the southern land lot line of Land Lot 382, thence easterly along said land lot line a distance of 233.8 feet to a point; thence northerly a distance of 1362.7 feet to a point; thence westerly a distance of 358.7 feet to a point; thence southerly a distance of 169.5 feet to a point; thence westerly a distance of 210 feet to a point on the eastern right of way of Sherwood Drive and POINT OF BEGINNING. PARCEL 3 All that certain property situated and being in Land Lot 339 of the 17th District, 2nd Section, Cobb County, Georgia, being Parcels 9, 10, 11 and more particularly described as follows: BEGINNING at the intersection of the eastern right of way of North Cooper Lake Road with the northern right of way of Sherwood Road, said point being the TRUE3E POINT OF BEGINNING; thence northerly along said right of way of North Cooper Lake Road a distance of 393.7 feet to a point; thence southeasterly a distance of 150 feet to a point; thence southerly 321.7 feet to a point on the northern right of way of Sherwood Road; thence westerly along said right of way of Sherwood Road a distance of 165 feet to a point on the eastern right of way of North Cooper Lake Road and POINT OF BEGINNING. ...." PARCEL 4 All that tract or parcel of land lying and being in Land Lots 340, 339, 381, 382, 383, 410 and 411 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the eastern right of way of South Sherwood Road with the southern right of way of Smyrna Hill Drive, said point being the POINT OF BEGINNING; running thence eastward along said right of way of Smyrna Hill Drive a distance of 200 feet to a point; thence in a southeasterly direction 110 feet to a point; thence in a southeasterly direction 220 feet more or less to a point; thence southerly 68 feet more or less to a point on the northern land lot line of Land Lot 382; thence easterly along said land lot line a distance of 32 feet more or less to a point; thence southerly a distance of 169.5 feet to a point; thence westerly a distance of 210 feet to a point on the eastern right of way line of South Sherwood Road; thence northwesterly along said right of way line of South Sherwood Road a distance of 394 feet more or less to the intersection of the southern right of way line of Smyrna Hill Drive and point of BEGINNING. Also, BEGINNING at the intersection of Land Lots 382, 383, 410 and 411; thence westward a distance of 267.6 feet to a point, said point being the TRUE POINT OF BEGINNING; thence westerly a distance of 240 feet to a point; thence northerly a distance of 274.6 feet to a point on the southern right of way line of South Sherwood Road; thence easterly along said right of way line of South Sherwood Road a distance of 240 feet to a point; thence southerly a distance of 276 feet to the point of BEGINNING. ... Also, BEGINNING at the intersection of Land Lots 382, 383, 410 and 411; thence northerly along the western land lot line of Land Lot 411 a distance of 690 feet more or less to a point, said point being the TRUE POINT OF BEGINNING; thence northerly along said land lot line a distance of 83.7 feet June 27, 1991 meeting - continued to a point; easterly a distance of 476.6 feet to a point on the western right of way line of Lake Drive ; thence southeasterly along said right of way of Lake Drive a distance of 148.1 feet to a point; thence westerly a distance of 507.3 feet to a point and point of BEGINNING. .. Also, BEGINNING at the intersection of Land Lots 410, 411, 455 and 456; thence westerly along the southern land lot line of Land Lot 411 a distance of 385 feet more or less to the TRUE POINT OF BEGINNING; thence northerly a distance of 127 feet to a point; thence northeasterly a distance of 160 feet to a point on the southern right of way of Lake Drive; thence northwesterly along the said right of way of Lake Drive a distance of 260 feet to a point; thence southwesterly a distance of 218 feet to a point on the edge of an existing lake; thence southerly, easterly and northerly along the edge of said lake to a point on the northern land lot line of Land Lot 410 and point of BEGINNING. .... Also, BEGINNING at the intersection of Land Lots 338, 339, 382 and 383, said point being the TRUE POINT OF BEGINNING; thence westward 684.5 feet to a point on the eastern right of way of North Cooper Lake Road; thence northerly along said right of way of North Cooper Lake Road a distance of 232.9 feet to a point at the intersection of the eastern right of way of North Cooper Lake Road and the southern right of way of South Sherwood Road; thence easterly along said right of way of South Sherwood Road a distance of 180 feet more or less to a point; thence northerly a distance of 361.7 feet to a point; thence southeasterly a distance of 200 feet to a point; thence northerly a distance of 95 feet more or less to a point; thence easterly a distance of 105 feet more or less to a point on the eastern land lot line of Land Lot 339; thence northerly along said land lot line a distance of 475 feet more or less to a point; thence northwesterly a distance of 417 feet to a point on the southeastern right of way of Concord Road; thence northeasterly along said right of way of Concord Road a distance of 238.0 feet to a point; thence southeasterly a distance of 425 feet to a point; thence northeasterly a distance of 340 feet to a point on the southwestern right of way of South Sherwood Road; thence southerly along said right of way of South Sherwood Road a distance of 1150 feet more or less to a point; thence westerly along the northern right of way of South Sherwood Road a distance of 614.2 feet to a point; thence southerly a distance of 306 feet to a point on the northern land lot line of Land Lot 383; thence westerly along said land lot line a distance of 200 feet to a point at the intersection of Land Lots 338, 339, 382 and 383 and point of BEGINNING. Also, BEGINNING at the intersection of Land Lots 339, 338, 382 and 383; thence westerly along the northern land lot line of Land Lot 338 a distance of 240 feet to a point, said point being the TRUE POINT OF BEGINNING; thence southerly a distance of 47 feet to a point; thence westerly a distance of 212 feet more or less to a point on the northeastern right of way of North Cooper Lake Road; thence northwesterly along said right of way of North Cooper Lake Road a distance of 47 feet to a point on the northern land lot line of Land Lot 338; thence easterly a distance of 242 feet along said land lot line to a point, and point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the electors resident in the annexed area: s/SHARON A. RAKESTRAW, LORRIE A. LONG, CHESTER A. AUSTIN, RICHARD L. DANIELS, CECIL DANIELS, JAMES W. BENNETT, BARBARA W. BENNETT, LINDA B. FRANKS, MIKE LONG, DORIS T. PUTNAM, CARLOS E. STROUP, GEORGIA LEE STROUP, R. ALLEN BEAVERS, WILLIAM S. KNOX, SUSAN DEANN KNOX, HELEN G. FRYE, THOMAS B. CRENSHAW, PATRICIA I. KNOX, DARRELL K. BUTLER .... Witness the hands and seals of 60% of the record title holders of the land described above: s/CHESTER A. AUSTIN, RICHARD L. DANIELS, CECIL DANIELS, JAMES D. BROWN, JOHAN M. DESIRE, DONNA RANKIN, JAMES W. BENNETT, BARBARA W. BENNETT, LINDA B. FRANKS, DORIS T. PUTNAM, CARLOS E. STROUP, GEORGIA LEE STROUP, R. ALLEN BEAVERS, MAXINE o. BEAVERS Bill Scoggins made a motion the petition be validated and the public hearing set for July 15, 1991. Jim Hawkins seconded the motion which carried 6-0. With no further business, meeting adjourned at 6:50 p.m. .1unp. 27, 1991 meeting - continued ~ JOHN STEELY, WARD 7 .....-"--.. ...... ...., ....