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March 7, 1994 Council MeetingMarch 7. 1994 The regular scheduled meeting of Mayor and Council was held March 7, 1994 at 7:30 p.m. o'clock by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Police Chief Stanley Hook, Finance Director Jim Triplett, Fire Chief Larry Williams, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Public Works Director Vic Broyles, Community Relations Director Kathie Barton, Chief Building Inspector Scott Stokes and representatives of the press. Invocation was given by Johnny Laster, pastor of Ponders Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Anne Brady, Cobb County School Board member, and asked her to come forward. Ms. Brady expressed her appreciation to the Mayor and Council for their continued support for the schools and children in the schools in the Smyrna area. She stated that she felt all children, regardless of where they live, should have an equal opportunity for education. She further stated that last year she formed a task force comprised of citizens to look at our school systems, from within, and determine if our children have an equal opportunity for education and to also look outside our system and determine if there is a way to improve our educational opportunities for our children. Ms. Brady expressed her thanks to Larry Freeman, who served as Committee Chairman of the Task Force, and Pete Wood for his active part on the committee, Ann Kirk and Tom Powell. PUBLIC HEARINGS: (A) Business License Application -Psycho Tattoo - 675 Windy Hill Road Mayor Bacon stated this hearing was continued from the February 21, 1994, meeting and asked if anyone was in attendance with any additional information relative to the hearing of this business license request. Mayor Bacon recognized Mr. Mormon and asked him to come forward and be sworn in. Councilman Cramer asked the applicant, Charles Deano Cook, to briefly state what he was requesting Mr. Cook stated he would like a business license for Psycho Tattoo to be located at 675 Windy Hill Road in the anticipation of running a successful tattoo parlor. Councilman Cramer asked Mr. Cook if he had a more detailed doctor's certificate from his doctor and Mr. Cook responded he was not clear what he needed and felt the certificate he presented at the last meeting was sufficient. Councilman Newcomb asked Mr. Cook about his criminal/arrest record - in particular the two simple battery charges and a DUI and the disposition of the charges. Mr. Cook stated he was still waiting for his court date on one simple battery charge as the other battery charge occurred when he was seventeen years of age and the DUI had been resolved in 1993. Councilman Newcomb stated the Police Department investigation revealed a disorderly conduct, no driver's license on person, speeding, failure to maintain proper lane, seat belt violation in December 1993. Mr. Cook responded this was in conjunction with the DUI arrest which had been resolved. Mr. Newcomb asked why this information was not on his application since they were all separate charges. Mr. Cook responded they were dropped and he was not convicted of those charges just the DUI. Mr. Newcomb stated the Smyrna records indicated he only contested the DUI offense and that he paid a fine on the other charges. Mr. Cook responded his attorney told him the only charge on his record would be the DUI. Mayor Bacon recognized Richard Mormon. Mr. Mormon stated he has a fifteen year old son who was trying to get a tattoo from a guy named Deano, who used to work for the "Monkey Man" (Glen Schmidt). Mr. Mormon stated he had contacted the Monkey Man and explained to him his concerns about his fifteen year old son wanting to get a tattoo from Deano, and questioned if Deano was set up to properly tattoo people. Mr. Mormon further stated his son had told him he had put money down for design work and also that Deano was going to do the tattoo in his apartment as he was set up to do the tattoo work there. Mr. Mormon stated he did not begrudge any man whatever he wants to do to make a living as long as he does it above board and within the laws of the state, city or county but stated he was very concerned that if someone agrees to tattoo minors, without the consent of their parents, that it did not seem right. He stated he felt if someone was just going to do this to make a buck on anybody they could, that it concerned him. He also stated he was told his son had put down money on design March 7 1994 meetin¢ -continued work and that he (his son) had to get the work done now before Mr. Cook opened his shop because it would only cost him half as much as when he opened his shop. He further stated he felt this was an inducement to his son to have the tattoo done quickly and it did not seem right to him. Mr. Mormon stated if a guy wanted to open a tattoo parlor and do it above board, that was fine, but if they were not going to do it above board from the start, tell him how long they are going to last doing it right -- until someone offers them a buck to do something else? He stated that was his biggest concern and felt he should not be tattooing minors without the consent of the parents. Councilman Patrick asked Mr. Mormon if the going price for the tattoo had been indicated. Mr. Mormon replied $150 for an "arm band". Councilman Lnenicka asked Mr. Mormon how much money his son had put down for the design work and Mr. Mormon responded $20 for design work. Mr. Lnenicka asked him how did he know it was $20 and Mr. Mormon responded that was what his son had told him. Mr. Mormon also stated his son had told him if he did not get the tattoo he lost his $20. Mayor Bacon asked Mr. Mormon if his son had gotten the tattoo and Mr. Mormon responded no, not yet. Mr. Mormon further stated he would not allow his son to get the tattoo but had caught him trying to take the stereo out of the house to pawn it to get the money to get the tattoo. Councilman Wood asked Mr. Mormon if his son had indicated the location of the apartment where the work would be performed. Mr. Mormon responded no. Mr. Wood then asked Mr. Camp if the requirement for being 18 years of age was a state requirement of just a requirement of the City of Smyrna. Mr. Camp stated he believed the state also required the age of 18 but was not absolutely certain of that. Mayor Bacon thanked Mr. Mormon for his testimony and asked Mr. Cook to come forward. Mr. Cook stated the legal age in the State of Georgia is sixteen and eighteen in the City of Smyrna and he stated he agreed that if a minor lived in their parents' home they should give their permission before ..,~, the minor could obtain a tattoo. He further stated that the tattooing of a minor would be irrelevant in the City of Smyrna as the city has a requirement that the patron be eighteen years of age or older - so there would be no sixteen or seventeen year olds involved. Mr. Cook said he had brought two of Mr. Mormon's son's friends with him tonight who could testify he had not taken a deposit from Mr. Mormon's son and when he was told of his age, refused to do the tattoo. He also stated he did not know anything about him taking their stereo to a pawn shop. Mr. Cramer asked Mr. Cook if he had a copy of his Cobb County Business License and Mr. Cook responded he did not. He again stated he had two witnesses who would testify for him if the Council wanted to hear from them. Councilman Wood asked Mr. Cook about the address at 1113 Powers Ferry Place, Apartment C2-3 and asked if it was in unincorporated Cobb County and Mr. Cook responded it was in the city limits of Marietta and that was the reason he could not perform tattoo services at that location. Mr. Cook stated he had tattooed friends and family at that address as a hobby but does not conduct business at that location. He further stated he did not collect money there that he does travel to other people's homes. He also stated he could not work in any city limits as his license was for Cobb County only and that he basically had been doing drawing work until he could obtain this license. Mayor Bacon then asked if there were any other questions for Mr. Cook, 'I7tere were none. Councilman Cramer asked Mr. Schmidt to come forward. Mt. Schmidt stated that he had no problem with another tattoo parlor but his problem with Mr. Cook was that he felt Mr. Cook was an incomplete tattoo artist. He further stated the tattoo business is a surgical procedure. Councilman Cramer made a motion, that based on the evidence presented at the previous meeting and tonight's meeting, the lack of experience by this applicant, lack of certification credentials, lack of proper health certificate by Mr. Cook's medical doctor, that the application for a business license for a tattoo parlor at 675 Windy Hill Road be denied. Motion was seconded by Jim Hawkins. Motion was approved 7-0. Councilman Hawkins stated the reason he was voting against the granting of the license was the falsification of the required information on the applicatkxi. March 7. 1994 meeting -continued Councilman Lnenicka expressed his appreciation to Mr. Mormon and Mr. Schmidt for presenting their side of the story concerning this request. He further stated the Council is charged with granting or denying the license request based on the law and felt there are a number of specific things relating to this request that allows him to support the motion to deny the business license request. He indicated the biggest item pertains to Ordinance Section 14-141 §F, Licensing Requirements and Restrictions, which states "applicants for such permits shall present to the Police Department a medical certificate from a ~.. medical doctor certifying that such person is sound physically, mentally, has good eyesight and is not infected with a disease which can be communicated through openings in the human skin." He further stated the ordinance requirement is clear and he did not feel the Council was presented with sufficient information. Councilman Newcomb stated he supported Mr. Cramer's motion for two simple reasons. 1. The State gives the municipalities the responsibility of deciding when to issue occupational license and when deny them. He further stated the ordinance sections Mr. Cramer indicated states that in general this ordinance is enacted with a plan for the purpose, among others, of promoting the moral safety or the convenience, comfort, prosperity and the general health and welfare of the community. 2. Mr. Newcomb stated he was troubled by the misleading or incomplete statements included in the application. Mayor Bacon asked if there were any additional questions. There were none. He then stated the motion has been made and seconded to deny the business license request for Psycho Tattoo at 675 Windy Hill Road. Motion was approved 7-0. (B) Variance Request - 5240 South Cobb Drive -Reduce Front Yard Setback from 50 Feet to 47.9 Feet Mr. Thomson stated the owner and lender of the property at 5240 South Cobb Drive were requesting to reduce the front yard setback from 50 feet to 47.9 feet due to an error that occurred when the building was built several years ago. The building was built 2.1 feet over the building setback line. Mayor Bacon asked Mrs. Anderson to come forward and stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Wood stated the application was by Atlanta Inn Northwest, formerly doing business as Knight's Inn and that Mrs. Anderson was present to represent the owners of the property. He then asked Mrs. Anderson to explain how this problem was created and why the variance was being requested. Mrs. Anderson stated she represents Atlanta Northwest Hospitality Corporation as well as the lender which is Barclays Bank, PLC. She indicated the corporation has tried to sell the property several times but when a survey was done it indicated the front yard setback is actually 47.9 feet and not the required 50 feet. The original builders of the property made the mistake and it now needs to be corrected in order for the lenders who are lending money on all the real estate deals to grant the loans on the properties. She further stated that basically it was a mistake by the original builders and they simply are trying to correct that error that occurred approximately nine years ago (in 1985). Councilman Wood made a motion that the variance request by Atlanta Northwest Hospitality Corporation, Barclays Bank, Atlanta Northwest relative to the property at 5240 South Cobb Drive to reduce the front yard setback from 50 feet to 47.9 feet be approved. Jack Cramer seconded the motion. Motion was approved 7-0. (C) Amendment to Official Land Use Map -Rezoning Request - 3503 Sherwood Road R-15 to RD, Duplexes Mr. Thomson stated Mr. W. B. Hendry is requesting this change in the land use map in order to build a duplex. He further stated Mr. Hendry owns a single family home at this address that had an interior fire and now wants to build a duplex on this site. He indicated the land use map would have to be changed to reflect low density and it now shows medium density residential and the zoning would have to be changed from R-15 to RD, Duplexes. Mayor Bacon asked if there was anyone present in opposition to the granting of this amendment to the land use plan. There was none. Councilman Wood asked Mr. Hendry to state his plans for the property. Mr. Hendry steed ~ March 7 1994 meeting -continued to improve the property as rental property, which is the use prior to the kitchen fire that occurred there. He stated that he would like to change it to a duplex. Mr. Hendry stated that at the Planning and Zoning meeting there were four neighbors present who were not in opposition to his planned duplex, but did want the property appearance improved. Mr. Hendry further stated he plans to improve the property while at the same time cleaning the property to give it a better appearance. Mr. Hendry further stated the units would be adjacent to each other and that both doors would be on the front of the house with a parking pad in front and also on the side. Councilman Wood stated he attended the February 14 Planning and Zoning meeting and that the neighbors mentioned by Mr. Hendry were present relative to the problem of cleanliness and upkeep of the property and felt it had an adverse effect on their property. Mr. Wood stated that he did not have a problem with Mr. Hendry's plans for the property but did have a problem with the lack of cleanliness of the subject property. He further stated that as of today's date the property has not been cleaned up at all and he is very concerned about the unsightly appearance of the property. Councilman Wood made a motion that the amendment to the official land use map and rezoning request at 3503 Sherwood Road from R-15 to RD, duplexes be tabled to the March 21 meeting of Council. Councilman Newcomb stated he had a concern that there was no plat attached to the application and wondered if the duplex would fit on that lot and if it would meet all the zoning requirements for that property. Mr. Hendry stated he would be happy to comply with providing a plat but stated the existing exterior walls would not be changed. Councilman Hawkins seconded the motion to table the request until March 12. Motion was approved 7-0. FORMAL BUSINESS: (A) Validate petition to Annex Property on South Cobb Drive -Land Lot 482, 17th District, 2nd Section -Across from Walton Park Mr. Thomson stated H. E. Shelton and Evelyn Samples Shelton have requested the annexation of their property on South Cobb Drive across from Walton Park Apartment complex. He further stated that Mr. Don Hammett has expressed an interest in developing that tract for commercial retail use and has requested the annexation be approved with an effective date of March 31, 1994. Councilman Hawkins made a motion that the petition to annex the property be validated and a public hearing date be set for March 28, 1994, at 7:00 p.m. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) South Cobb Water Line -Equipment Mr. Thomson stated bids the Public Works Committee met on February 28 to review the bids that were submitted on this project. Councilman Scoggins made a motion the bid for the South Cobb Drive Water Line -Equipment be awarded to Southern Meter and Supply for $39,678.75 and to purchase the meter and box from the Marietta Cobb Water Authority for $8,000. Councilman Scoggins explained the Marietta Cobb Water Authority will provide the meter and box and the City will have to pay approximately $8,000 for the remaining life of the meter and box. City Engineer Ken Hildebrandt explained the original bid request included the installation of the meter and vault which the City later learned was already in the ground. 'The cost to install the meter and vault would have been approximately $8,000. He further explained this $8,000 cost had been deducted from each bid since it was not a necessary expense. Motion was seconded by Jim Hawkins. Motion was approved 7-4. March 7. 1994 meeting, -continued (B) South Cobb Water Line -Installation Councilman Scoggins made a motion the bid for the installation of the South Cobb Drive Water Line be awarded to Ardito's Ditching and Pipeline for $73,110. Motion was seconded by Pete Wood. Motion was approved 7-0. ;~*~ CONSENT AGENDA: (A) Approval of February 21, 1994 Minutes (B) Amend Cooper Lake Hills Subdivision Plat -Lot 13, Block A, Phase III -Lot Size from 19,979.14 Square Feet to 19,662.40 Square Feet (C) Budget Adjustment -Salaries and Related Costs (D) Budget Adjustment -Professional Services (E) Budget Adjustment -Tolleson Pool Bathhouse (F) Installation of Oakdale Road Sewer Line (G) Approval to Request Bids for HVAC Service (H} Approval to Request Bids for Sewer Jet Truck -Public Works Department (I) Approval to Request Bids for Extractor -Fire Department (J) Approval to Request Bids - tolleson Pool Bathhouse Roof and Gutters (K) Approval of 6-Month Unpaid Leave of Absence -Lyn Hammond Councilman Lnenicka made a motion that the consent agenda Items 7-A, 7-B, 7-C, 7-D, 7-E, 7-G, 7-I, 7-J and 7-K be approved, excluding Items 7-F and 7-H. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Wood made a motion that Items 7-F and 7-H be approved. Councilman Cramer seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. SHOW CAUSE HEARING: (A) Sub-Station II -Selling Alcohol on Christmas Day Mr. Thomson stated the show cause hearing is to consider the revocation or suspension of the alcoholic beverage license for the Sub-Station II, located at Belmont Hills, for selling of alcoholic beverages on Christmas Day. Mayor Bacon stated Mr. Connolly, the owner/manager of Sub-Station II, was present and further indicated this is a continuation of an earlier hearing. Mayor Bacon asked if there was anyone present who was going to testify at this hearing. Mayor Bacon asked Officer Plumb and Mr. Connolly to come forward and be sworn in by the City Attorney. Councilman Hawkins asked Officer Plumb for his report on this offense. Officer Plumb stated that at 01:10 hours on Christmas Day, 1993, he observed the Sub-Station II open for business which is a violation of the City Ordinance. He further stated he contacted the agent, Mr. Connolly, and also observed two persons inside drinking a pitcher of beer each and a transient sitting at the stove/heater warming himself. He also stated Mr. Connolly was unaware of the violation of being open on Christmas and he then issued Mr. Connolly a summons. He stated Mr. Connolly then took the beer away from the people and turned off the "Open" light and locked the door after Officer Plumb left the premises. Councilman Hawkins asked Officer Plumb if he knew if the beer had been sold after midnight. Officer Plumb responded he did not know but it was a violation of the City Ordinance to have beer on the table 30 minutes after midnight on Christmas Day. Councilman Lnenicka then asked Officer Plumb how much beer was where and in front of how many patrons. Officer Plumb responded there was a pitcher of beer per person. Councilman Lnenicka then asked if it would have been a violation to sell a single person a pitcher of beer and Officer Plumb responded it would have been a violation. Mayor Bacon then asked if this actually was in the morning, 1:00 o'clock in the morning and Officer Plumb responded yes, Sunday morning, one hour and ten minutes after closing. Mayor Bacon then asked Officer Plumb if Sub-Station II had been a problem location and Officer Plumb responded no. March 7 1994 meeting -continued Mayor Bacon asked Mr. Connolly to come forward and he stated that there was only one pitcher of beer in front of the patrons. Councilman Hawkins then asked Mr. Connolly if there were two people in the business drinking beer at 1:10 a.m. and Mr. Connolly responded yes. He then asked Mr. Connolly if he was unaware of his requirement to lock his business doors at midnight. Mr. Connolly responded he was unaware of this requirement. Councilman Hawkins then asked him if he was now aware of this requirement and Mr. Connolly responded yes. Councilman Hawkins then made a motion that the alcoholic beverage license for Sub-Station II be placed on probation for one year. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) The Timbers -Section 3-3-41 Mr. Thomson stated at the last meeting Mr. Nusckabel was granted an opportunity to have this hearing tonight relative to alcohol being served to an intoxicated patron. Mr. Arthur Maratek came forward and stated he represents The Timbers and stated that two witnesses he had planned to bring before Council were unable to be present tonight. One of these persons is the one alleged to be intoxicated and served and this person is out of town, the other witness is the bartender charged with serving alcohol to an already intoxicated person who is out of town due to a death in the family. He then asked the Council to continue this hearing until the next meeting of Council. Mayor Bacon asked Mr. Maratek if the hearing was continued to the next meeting, if he would have both persons present. Mr. Maratek responded he would definitely have the bartender present and would subpoena Mr. Preston or at least have his affidavit as Mr. Preston does travel extensively. Councilman Hawkins asked Officer Plumb if he could be present at the next meeting of council. Mr. Hawkins then asked City Attorney Chuck Camp if this was permissible. Mr. Camp responded that it was. Councilman Lnenicka then asked Mr. Camp if it would be appropriate to inquire about the testimony of the alleged intoxicated person and why his testimony would be relevant. Mr. Maratek stated his testimony would be to the effect that he vas not intoxicated and that he only had three drinks over a three and a half hour period of time and even though he was cited for public drunk that he was not intoxicated. Councilman Lnenicka asked Mr. Maratek if he knew Mr. Preston's court date and Mr. Maratek responded that he had misread his ticket. He originally thought his ticket was for February 27 and in fact it was February 22 and he had missed the court date and his bond had been forfeited. Mayor Bacon stated that in order to be fair, the City would postpone the hearing until March 21 and that it would not be extended any further than March 21. Councilman Hawkins made a motion to grant Mr. Maratek's request for a continuance of the Show Cause Hearing until March 21, 1994. Councilman Lnenicka seconded the motion. Motion was approved 6-1 with Mr. Newcomb opposed. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Laurel Best reported that the art exhibit this month is by J. Price Wiseman, and is entitled "To Chuck, with Love -Thirty-nine Special Years" further stated it was dedicated to Ms. Wiseman's brother. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White listed two vacancies for the Parks and Recreation Department -- Laborer II and apart-tithe Control Desk Receptionist. Councilman Scoggins asked Kathie Barton for a report on the Clean and Beautiful Department. Ms. Barton stated the City will be receiving three awards from the Georgia Clean and Beautiful Program: the Smyrna Library will be receiving an award for their Environmental Education Program; The Jessye Coleman Council of PTA will be recognized for Partner in Education Program with the City of Smyrna; and Smyrna Clean and Beautiful will be receiving a KAB System award. Kathie then stated the next Adopt A Highway program is scheduled during Keep America Beautiful month March 7. 1994 meeting -continued which is April and stated the City needs some help with this program on a regular basis. Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio stated the Leprechaun Luncheon, for children ages 3-5, will be March 17 at 11:30 a.m. He also mentioned that Braves tickets for the April 23 game with the Pirates are available at the Community Center for $15. Councilman Lnenicka read a letter from a citizen expressing their appreciation to the employees of the Public Works Department for their assistance with a water main break and sewer back up problem. He then complimented the Public Works Department for their persistence in resolving the problem. Councilman Wood asked Mr. Triplett for a report on the Finance Department. Mr. Triplett stated the outstanding budget packages will be turned in to his department this week and begin the budget preparation process. With no further busi ,the meeting adjourned at 9:00 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CTI'I' CLERK ,~ i~~ N PATRICK~~, WARD 1 BILL SCOGGINS, WARD 5 G~(/ CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 ~. ~~ ,_~, AMES M. HAW WARD 4 WADE LNENICKA, WARD 6 u~•+