May 7, 2001 Council Meeting
May 7,2001
May 7,2001
Th~I'eg1..llar1y scheduled meeting of Mayor and Council was held May 7, 2001 at Smyrna
City HalL Presiding officer Mayor A. Max Bacon called the meeting to order. All council
mernbers were present. Also present was City Administrator Howard Smith, Deputy
Clerk Ke11ie Barber and City Attorney Scott Cochran.
Mayor Bacon recognizedM.r. David Black, CHS Student Body President, and stated that
Mr. Black will be conducting the Council Meeting as Honorary Mayor.
Invocation was given by Dr. Tom Dohrman, CHS principal, followed by the pledge to thc
flag.
CITIZENS INPUT:
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Students from Argyle El~mentary School presented the Character Education Words for
the month. Star teacherstrom Campbell High School were introduced and recognized by
Dr. Dorhman. Honorary Mayor David Black presented a check on behalf of the
Campbell High School Student Government Association to Councilmen Newcomb and
Scoggins. The $400.00 check is to be used to purchase paint to assist in the cleanup of
businesses that have been vandalized by graffiti.
Councilman Pete Wood read a proclamation recognizing Claire Eisenhower for her
efforts as a charter I'llember of the Friends of thc Smyrna Library through her teaching of
genealogy courses.
Honorary Mayor Black recognized Mr. Millis who presented Mayor and Council with the
May, 2001<~dition of Popular Science magazine and stated that there is an article
focusing on his son, Marc Willis. Mr. Millis stated that his son is a graduate of Campbell
High School and is working with NASA space program as a rocket scientist.
Honorary Mayor Black recognized a gentleman from Creatwood Trail who expressed his
concerns.
Honorary Mayor Black recognized Ms. Melleny Pritchett, a resident of Ward 1
introduced herself as a candidate for the Ward I council seat to fill the unexpired ten'll of
Charlene Capilouto and asked for residents of that ward to vote for her at the special
election of June 19,2001.
Honorary Mayor Black recognized Ms. Rose Cundy who addressed council regarding a
sewerbackup in her home severalnlonths ago and stated the claim has still not been
settled with the insurance company and she needs this matter resolved. Scott Cochran
said this matter was in the hands of the insurance company and he had spoken with the
claims ;:ujjut"lt~rseveral times.f\pparently they have a demand that they feel is not
reasonable and they have taken a hard line approach. Mr. Cochran said he was doing all
that he could do to help expedite the claims.
PUBLIC HEARINGS:
(A) Privileged license request - Hacienda Los Mariachis 821 C Concord Road -
Retail pouring (beer, wine and liquor)
City Administrator Howard stated the applicant, Jose Fabian Alvarado, has received a
copy of the alcoholic beverage ordinance and the Business License officer has reviewed
May 7, 2001
the guidelines with him. The police investigation reveals nothing to prcc1ude thc issuancc of this
license. Honorary Black stated that this is a public hearing and asked for public comment.
Thcrc was none.
Susan Santiagos with the Hispanic Services Foundation was present with owner Adan Laguna
and applicant Jose Fabian Alvarado to interpret. Ms. Santiagos stated that M.r. Alvarado has
reviewed the ordinance requirel'llents and has experience in serving alcoho1. Councih'llan
Hawkins said that each jurisdiction has their own requirements for serving alcohol and
questioned Mr. Alvarado to ensure that he was able to look at drivers's license and verify age.
Councilnian Hawkins advised that the City ofSmynm and Cobb County would from time to time
conduct undercover sting operations. Councilman Hawkins rcminded Mr. Alvarado that all of his
servers should be fingerprinted and permitted at the Smyrna Police Department, and that they are
trained to know and understand all the rules.
Councilman Hawkins stated the license appears to be in order and made a motion the license be
approved as requested. Councilman Pete Wood seconded the motion, which carried 6-0.
(B) Privileged license request -- E-Z Serve Convenience Store d/b/a Swifty Serve, #8140
- 2610 Cobb Parkway - Retail package beer and wine - Agent change
Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
The applicant, Mohammad Abdul Jabbar, was not present. Councilman Wade Lnenicka said he
had spoken with the Business License Oftlcer today and she had assured him that the applicant
and their attorney had been contacted, and this is the second nieeting where they have t"icliled to
appear. Councilnlan Flawkins made a motion the license be denied. Councilnlan Ron Newconlb
seconded the motion. which carried 6-0.
(C) Privileged licensc request E-Z Serve Convenience Store c/b/a Swifty Serve #8l 06 -
902 Windy Hill Road - Retail package beer and wine - Agent change
Honorary Black stated that this is a public hearing and asked tor public comment. There was
none.
Councih'llan Hawkins made a motion the license be denied. Councih'llan Newc01'llb seconded the
motion, which carried 6-0.
(D) Privileged license request -- E-Z Serve Conveniencc Storc d/b/a Swifty Serve #8161
1166 Concord Road Retail package beer and wine -- Agent change
Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
Councilman Hawkins made a motion the license be denied. Councihnan Newcomb seconded the
motion, which carricd 6-0.
(E) Variance request -- Dentfirst, PC 2697 Spring Road - add sign to existing pole
Howard Smith said this property is located in the Spring Road Overlay District, which requires
all freestanding signs to be monument-style with a maximtnn height of 8 feet and area of 32
square feet. The cxisting pole sign for the shopping center at 2697 Spring Road was constructed
prior to the overlay district standards and is considered a legal non-conforming sign. The
applicant's request to add a new sign requires a variancc because the sign area for existing non-
conforming pole signs in the overlay district cannot be expanded. Honorary Black stated that
this is a public hearing and asked for public C01nment. There was nonc.
Applicant Brian .I. Dowd said he has been a dentist here since 1982 and due to growth ofthcir
business, needed to relocate. In order to place back a sign of equal size they need a variance.
There was no opposition. Councilman Newcomb said this is the sign at the Papa .lohn's shopping
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center and there is an existingpQle sign advertising several businesses at that location. Dr.
Oowd's requ~stis for a replacement sign to fill a blank space on the existing pole, no larger than
tlleiJapaneserestaurant sign below it. Councilman Newcomb said this is a unique hardship in
that there is not another solution and there was, in fact, another sign there before.
CqUnCilplanNewcomb made a motion the variance be approved to add a sign to the existing pole
sign,> Provided it is no larger than the Japanese restaurant sign below it and conditional upon
remoYalofthe phone number for Papa John's Pizza. Councilman Bill Scoggins seconded the
motion, which carried 6-0.
(F) Variance request - 2985 Highland Drive - allow 16' high accessory structure
HowardSmith stated tbe applieant,David Wolski, is the owner of this single family home and
recently installed a storage shed without first obtaining a building permit. During permit review,
the City noted that the shed exceeds the maximum height permitted by approximately one foot.
Honorary Black stated that this is a public hearing and asked for public comment. There was
none.
Mr. Wolski said the structure is already in place and it exceeds the 15-foot maximum height
allowedby ordinance. Since moving into the house in 1995, they have made numerous interior
and ext~:rior improvements tom~et their needs, and increase the aesthetic value of the
neighborhood. A notice of the variance hearing was posted and several neighbors were present to
show their support of Mr. Wolski's request.
Councilman Newcomb said this is a good addition to the property and made a motion the
variance be approved as requested. Councilman Pete Wood seconded the motion, which can-ied
7-0.
(G) Variance request - Windy Hill and Cherokee Trail - allow 46.63 square feet
monument sign
Howard Smith stated this parcelit"llocated in the Windy Hill Overlay District which provides for
a maximum sign area of 32 square te.et for free-standing monument signs. The applicant, Lance
Oil COlnpany, is requesting a variance to permit a fre~standing monument sign containing 46.63
square feet. Honorary Black stated that this is a public hearing and asked for public comment.
There was none.
Councilrni3J1iJacl;'Cramer said there had been some concern expressed regarding the two
varianc~t"l:beingt'~quested for this site and he had arranged a meeting with Royce Brooks,
representing Lance Oil.
Councilman Cramer made a.motion the variance be tabled to May 21, 2001. Councilman Ron
Newcomb seconded the motion, which carried 6-0.
(H) Variance request _ Windy Hill and Cherokee Trail - allow signage on 3 sides of
proposed structure.
Howard Smith said this is the second variance related to this business. This variance will allow
signagepn three sides since it is a Corner lot. Royce Brooks said that Teague Texaco operated
from this location for about 25 years but the full service station is now a thing of the past. They
bought the property to convert to a convenience store with gasoline sales. Honorary Black stated
that this is a public hearing and asked for public comment. City Attorney Cochran administered
the oath to those wishing to speak.
Ruby Moore, a resident of Cherokee Trail was sworn in by Attorney Scott Cochran and stated
they were opposed to any alcoholic beverages being sold from this location and cOl'lling near
their homes.
Connie Spruce was sworn in and stated she lives directly behind this property and is not happy
about their proposal. When they graded the property for the service station 25 years ago they
damaged the foundation of her house.
May 7, 2001
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Lavona Strickland of 891 Cherokee Trail said the people who live on Cherokee Trail are mostly
elderly and this is a quiet residential street. Ms. Strickland said they felt the City Council was
letting them down and they are already having a problem with the taxi company and hair salon
next to the station. Councilman Cramer said this property is zoned General Commercial and
they could not prevent a business from locating there. Councilman Cramer said a meeting would
be arranged between Lance Oil and residents to address the concerns expressed here tonight.
Councilman Cramer made a motion that this variance request also be tabled to the May 21, 2001
meeting. Councilman Wade Lnenicka seconded the motion, which canied 6-0.
FORMAL BUSINESS:
(A) Authorize acceptance of Arcadis Geraghty and Miller for the concept design of the
Concord Road linear park
Howard Smith said this concept study is the first in the construction of a linear park along
Concord Road from Atlanta Road to South Cobb Drive. Our city engineer was able to procure a
grant of $500,000 Transportation Enhancement grant and he is to be commended for that.
Councilman Hawkins said we were fortunate enough to receive this award. The study will be for
an area that has gone through quite a transition as a residential street in the 1970' s to a change in
zoning to commercial use. The contract award will allow them to do a preliminary concept so
that we can decide what needs to be done. Councilman Hawkins made a motion to award the
contract to Arcadis Geraghty for phase 1 of the concept study. Councilman Newcomb seconded
the motion, which carried 6-0.
(B) Appoint interim City Clerk and Records Custodian
Howard Smith stated that Candis Joiner retired April 30th and there is a need to appoint someone
as acting City Clerk and to be the official custodian of official records until that position is filled.
Councilman Hawkins made a motion that Kellie Barber be appointed as interim City Clerk and
records custodian. Councilman Bill Scoggins seconded the motion, which canied 6-0.
(C) Authorize the Mayor to execute an agreement with GKJ Development, LLC for the
development of the downtown village market
Howard Smith said this process began in the late 1980's and we have had several false starts on
development of the village market concept on the 5 acres in front of City Hal1. Councilman Pete
Wood said that several weeks ago the City approved a contract with Welker & Associates for
engineering work on this site. At the last meeting the Mayor was authorized to sign a contract
with Sizemore-Floyd for planning and construction management. Now we are at the point of
moving forward with negotiations with GKJ Development for actual development. This project
has been a part of a 10-year master plan and is the final phase of what was approved at that time.
Councilman Wood made a motion that the Mayor be authorized to execute an agreement with
GKJ Development for the development of the downtown village market project. Councilman
Lnenicka seconded the motion and said he strongly supported this agreement, and the
culmination of 14 years of work on this counciL It has taken a very long time to find a plan that
is acceptable, with the right mix of architectural style and use of the land. Councilman Lnenicka
apologized that it has taken so long, but felt that in 18 months the citizens of Smyrna would be
very happy with their new downtown. Vote on the motion canied 6-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval of April 16, 2001 council meeting minutes
(B) Approval to purchase 3 new police package Crown Victoria vehicles
(C) Approval to request bids for sod installation at Campbell Middle School, Tolleson
Park, and Jonquil Park using contingency fund account monies
(D) Approval to request bids for Chuck Camp Phase II development
(E) Approval to request bids for replacement bus for the Progranis Division's senior
activities
Lnenicka apologized that it has taken so long, but felt that in 18 months the citizens of
Smyrna would be very happy with their new downtown. Vote on the motion carried 6-0.
COMMERCIAL BUl~DING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Approval of April 16,2001 council meeting minutes
(B) Approval to purchase 3 new police package Crown Victoria vehicles
(C) Approval to request bids for sod installation at Campbell Middle School,
Tolleson Park, and Jonquil Park using contingency fund account monies
(D) Approval to request bids for Chuck Camp Phase II development
(E) ApprOVal to request bids for replacement bus for the Programs Division's
senior activities
Councilman WadeLnenickartla.d~>a motion the consent agenda be approved as read.
Councilman Pete Wood seconded the motion, which carried 6-0.
COMMITTEE REPORTS:
Mayor Bacon stated that Max Parnell passed away at Wellstar Hospital yesterday. Max
was a prison of war in Worldvva.r IT and was shot down on Christmas Eve in 1944 and
was in the POW camp for along time, while family members thought he was dead. Max
was a long time resident of Smyrna and Mayor Bacon said he had always been proud to
tell others that Max was his godfather.
Councilman Ron Newcomb stated it is good to be moving on the downtown although we
are a year or two behind where we had originally planned. The linear park on Spring
Road is also behind schedule due to delays by contractor. The survey process started last
week so we hope they will get started very quickly. The main part to be finished is the
linear park portion on the north side of Spring between Carolyn Drive and Village
Parkway.
Councilman Pete Wood said that everyone would miss Max Parnell in the community
because he made many contributions.
CouncilrnanJa.ck Cramer said he would have a special meeting with residents on
CherokeeTraiLto address som.e of their concerns with the two variances that were
discussed tonight. Councilman Cramer said that Max Parnell was a hero, and the
veteran's memorial planned for the corner of Bank and King Street is to honor people
like Max.
Councilman Bill Scoggins s;lid that Max Parnell was also a friend to him and he will be
missed. Councilman Scoggins reminded the citizens that there is a charge for special
pickups of appliances and if they have a special pickup they should call Public Works.
Councilman Wade Lnenicka said he spoke recently at the annual meeting of the Vinings
Homeowners Association and it came to his attention that there is a ruIn or that Smyrna is
going to annex Vinings. The people there were assured that Vinings would not be
annexed and it is not possible to do that unless the residents request it. Councilman
Lnenicka also expressed his condolences to the Parnell family and stated that Max was a
quiet hero. He did some extraordinary things, and one of the things that he wanted very
mueh to see was our veteran's Inelnorial.
Councilman Jim Hawkins said he thought it was important to recognize people like Mr.
Marc Millis, and he appreciated it being brought to their attention tonight. This is a young
man who went to Campbell High School and then Georgia Tech and certainly is one of
the leaders in our country in developing space travel. Councilman Hawkins said he would
hope that Campbell High School could do something to honor Mr. Millis. Also, Max
Parnell is part of a generation that we don't see very Inuch in our country. He was one of
the local heroes and will be Inissed, but not forgotten. Councilman Hawkins said he is
very pleased to have a design concept for Concord Road to include some type of
bicycle/pedestrian path, which would eventually connect to the Silver Comet Trail.
Mr. Black thanked the City of Smyrna for the opportunity of conducting the meeting
tonight and for the opportunity it gives students to exhibit their active interest in the
comlnunity.
Howard Smith advised that the first restaurant in the downtown area would be opening
ncxt week, Sn'1ynla Ice Creanl and Deli.
SHOW CAUSE fIEARING:
(A) (A) Show cause hearing - business license violation - New Age Imports,
747 Concord Road
City Marshal Martin H. Peace stated that New Age Imports had been cited on January 3,
2001 by the State Board of Registration oflJsed Motor Vehicle Dealers and Used Motor
Vehicle parts Dealers, Used Car Division. The inspection report of January 3, 200 I
revealed violations of failure to apply tor title in the retail purchaser's name within 30
calendar days after date of sale and failure to furnish appropriate documents required for
tag transfer to a retail purchaser within 30 days or purchase. Mr. Peace said he had
ten'1porarily suspended the license and this hearing tonight is to consider the suspension
01' revocation of the license. Notice of the healing was sent via registered mail to Mr.
Dozie A. Idedife, owner/agent of the establishment but he is not present tonight.
Councilman Hawkins made a motion the license be permanently revoked. Councilman
Scoggins seconded the Inotion, which carried 6-0.
With no further business, meeting adjourned at 9: IS p.m.
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May 7, 2001
7
A. MAX BACON, MAYOR
~ Q Q t ~ &11\~~N2 1,/
KELLIE BARBER, ACTING CITY
CLERK M
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RON NEWCOMB, WARD 2
AMES M. HAWKIN~~
*~WARD6