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February 3/17, 1986 Council Meeting February 3, 1986 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on February 3, 1986 at Smyrna City Hall. The meeting was called to order at 7,30 0 'clock p.m. by presiding officer Mayor A. Max Bacon. All Council members were present except for Bob Davis who was sick. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Harris Fennell, pastor of the Smyrna Assembly of God followed by the pledge to the flag. Jim Hawkins read a proclamation for Firemen's Recognition Week and presented it to Fire Chief Larry Williams. Jim said we have a fire department we can be proud of and one that is setting the example for other communi ties. Chief Williams said the Fire Department would have an open house on February 5th from 3,00 to 7,00 p.m. and invited everyone to attend. Senator Jim Tolleson presented a check for $10,000 from the Doris Morris for improvements to a Georg ia f lag to the Governors Discretionary the facility. City Fund and also to Library presented Director CITIZENS INPUT, Olivia Moore, owner of Dunkin Donuts said the problem she had with patrons of the skating rink last summer was re-occurring. On Sunday nights when the rink closes, usually around 11,30, patrons are coming into her establishment being rowdy and rude. They have had to call the police on several occasions and have had good response. Mrs. Moore said she was not asking that the Skating rink be closed completely, but suggested a reasonable closing time on Sunday night, 6:00 to 8:00 p.m. Mrs. Moore said that two weeks ago the Burger King had to close because of fights. Also, these are not local people, but teenagers from outside the county. Max Bacon said the City would contact the current owners of the rink and ask for their cooperation in possibly closing earlier on Sunday nights. Also, Max said they would meet with Chief Little and look into the possibility of establishing their hours of operation. DEPARTMENT REPORTS, (A) Police Chief R. E. Little said his department was operating effectively but a lot of people have been out with the flu. A Civil Service exam was given January 28th and they anticipate filling the four existing vacancies. Chief Little said that 26 took the test and we have been getting some excellent candidates. Chief Little said he has the reports concerning the incidents at Dunkin Donuts but when his people arrive, everyone is gone. Certain arrangements have already been made, however, which should be beneficial. (B) Doris Morris expressed her deep appreciation to Jim Tolleson for securing the money for library improvements. Mrs. Morris said the library had increased its books by 265 volumes and they now have a total membership of 5,904. Federal and State income tax forms are available at the library. Doris said some improvements have already been made to the library including refurbishment of the foyer, new floor tile, new paint and replacement of restroom fixtures. Doris invited everyone to come by. (C) Emergency Management Director Jim Farley stated that in 1985 his department reviewed and updated the emergency operating plans for the City. He is continuing to update these plans as required through changes in city staff. In the area of communications, his department is continuing to maintain contact with Southern Bell and the County regarding the E911 telephone project and is also working closely with Fire Chief Williams on a backup radio system. The outdoor siren sytem is operational again, covering about 75% of the City. Funding has been approved to add another site this year and Jim said they are trying to find a good, non-controversial location. In EMS rescue, there were 127 calls requiring patient care and/or extrication out of 391 calls answered. Other calls were made that were not documented, some from private vehicles. 7,994 hours were spent on duty or on call by volunteers, 2,082 hours formal training, and 1,976 additional hours for various projects, all equating to manhours of 6 full time employees. The hazardous materials inter-departmental response team has been formed, consisting of EMS and fire department personnel with the basic equipment now on hand. In addition, classes were conducted for first aid, CPR, etc. February 3, 1986 - Continued PUBLIC HEARINGS, (A) Management change for beer and wine package license Grand Union Company d/b/a Big Star #5734, 3787 South Cobb Drive - Carol Dixon Siceloff. John Patterson said Big Star has years without any known problems. holding the licenses for both Big opposition and Joel Harrell made a seconded the motion which carried 6-0. had a license for this location for Mr. Siceloff is the new agent and Star locations in the City. There motion the license be approved. Jim several wi 11 be was no Hawkins (B) Management change for beer and wine package license Grand Union Company d/b/a Big Star #5789, 2784 Hargrove Road - Carol Dixon Siceloff. There was no opposition and Jerry Mills made a motion the license be approved. Jack Shinall seconded the motion which carried 6-0. (C) Transfer of beer 3240 South Cobb Drive - and wine pouring license Paul Kevin Christian. Jade Villa Chinese Restaurant, John Patterson said this restaurnat was located in the Crossings Shopp~ng Center and was formerly Gigi's, Marions Pizza and EI Zarape Mexican Restaurant. Mr. Paul Christian has been appointed as the agent for the license and will be responsible for it. John Lyle was the attorney representing Jade Villa and Mr. Christian. Jim Hawkins asked Mr. Christian about his affiliation with the restaurant and Mr. Christian said he was not an employee and really had no connection with the establishment; he had been offered $100 to hold the license. Mr. Camp said the agent must be someone at the location, to be resoponsible for any illegal activity. Mr. Lyle said he was the attorney for Jade Villa but did not meet residency requirements to hold the license; however he was in a position to closely monitor the activities. Jim Hawkins said he was very reluctant to grant a license under these circumstances and did not believe Mr. Christian fully understood his responsibilities. However, rather than deny the license and cause a one year delay before they can re-apply, Jim Hawkins made a motion the license be tabled to the next meeting. Hugh Ragan seconded the motion which carried 4-2, with Jack Shinall and Jerry Mills opposed. FORMAL BUSINESS: (A) Validation of signatures to annex 42.102 682 and 687 - J. Steve Wilson, applicant. acres in Land Lots 610, 615, Attorney Camp read an application for annexation to the City as follows: We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia laws, acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages lOll, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lots 610, 615, 682 and 687 of the 17th District, 2nd Section, Cobb County, Georgia comprising 43.0 acres as per that certain plat of survey prepared for Bickerstaff Company, Inc. by Bhandari Associates dated September 7, 1984, revised September 15, 1984, bearing the seal of Samuel S. Bailey, Georgia Registered Land Surveyor No. 1430, said plat being recorded in Plat Book 96, Page 42, in the records of the Office of the Clerk of the Superior Court of Cobb County, Georgia and being incorporated herein for any and all purposes; said tract or parcel of land being more particularly described as follows, BEGINNING at an iron pin and angle iron found at a point located at the inter- section of the land lot corner common to Land Lots 615, 616, 681 and 682 of the aforesaid District and Section, run thence north 87 degrees 55 minutes 33 seconds east along the land lot line common to Land Lots 681 and 682 of the aforesaid District and Section a distance of 1,284.51 feet to an iron pin found at a point located at the intersection of the land lot corner common to Land Lots 681, 682, 687 and 688 of the aforesaid district and section; run February 3, 1986 - Continued thence north 86 degrees 40 minutes 40 seconds east a distance of 183.61 feet to an iron pin found; run thence north 87 degrees 04 minutes 30 seconds east a distance of 305.53 feet to an axle found at a point located on the northwesterly side of the right of way line of Oakdale Road (having a 50-foot right of way); run thence south 28 degrees 41 minutes 42 seconds west along said northwesterly side of the right of way line of Oakdale Road a distance of 100.0 feet to an iron pin; thence departing said northwesterly side of the right of way line of Oakdale Road, run south 87 degrees 10 minutes 44 seconds west a distance of 436.04 feet to an iron pin; run thence south 02 degrees 22 minutes 22 seconds east a distance of 505.78 feet to an iron pin found; run thence south 71 degrees 22 minutes 58 seconds west along a northerly boundary line of property now or formerly owned by McClesky a distance of 137.14 feet to an iron pin found; run thence north 69 degrees 10 minutes 58 seconds west along a northerly boundary line of property now or formerly owned by McClesky a distance of 201.22 feet to an iron pin found; run thence north 81 degrees 46 minutes 30 seconds west along a northerly boundary line of property now or formerly owned by McClesky a distance of 179.9 feet to an iron pin found; run thence south 75 degeees 20 minutes 30 seconds west along a northerly boundary line of property now or formerly owned by McClesky a distance of 200.0 feet to an iron pin found; run thence south 59 degrees 20 minutes 30 seconds west along a northerly boundary line of property now or formerly owned by McClesky a distance of 158.6 feet to an iron pin found; run thence south 88 degrees 14 minutes 33 seconds west along a northerly boundary line of property now or formerly owned by Bickerstaff a distance of 960.58 feet to an iron pin; run thence south 35 degrees 46 minutes 03 seconds west along a northwesterly boundary line of property now or formerly owned by Bickerstaff a distance of 595.18 feet to an iron pin located at a point on the northeasterly side of the right of way of a Southern Railway right of way (having a 200 foot right of way); run thence northwesterly along the northeasterly side of said Southern Railway right of way an arc distance of 298.10 feet (said arc being subtended by a chord having the bearings north 43 degrees 35 minutes 58 seconds west a chord distance of 297.76 feet) to a point; continue thence north 41 degrees 17 minutes 24 seconds west along said northeasterly side of the right of way line of said Southern Railway right of way a distance of 1,034.87 feet to a point; run thence north 86 degrees 25 minutes 44 seconds east a distance of 8.38 feet to an iron pin found; continue thence north 86 degrees 25 minutes 44 seconds east a distance of 354.97 feet to an iron pin found at a point located at the intersection of the land lot corner common to Land Lots 609, 610, 615 and 616 of the aforesaid district and section; run thence north 85 degrees 04 minutes 41 seconds east along the land lot line common to Land Lots 615 and 616 of the aforesaid district and section a distance of 1355.25 feet to an iron pin and angle iron found at a point located at the intersection of the land lot corner common to Land Lots 615, 616, 681 and 682 of the aforesaid district and section and the true point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. SEALS, THEREBY AND Witness the signature of the or his legal representative, of s/J. STEVEN WILSON record 60% of title holders the land area of the fee simple title, above described by acreage, Hugh Ragan made date set for the carried 6-0. a motion the first meeting signature in March. validated and the public hearing Hawkins seconded the motion which be Jim COMMERCIAL BUILDING PERMITS, (A) Moran and Company requested a building permit for tenant finish Highlands Parkway at a total estimated cost of $30,000. Hugh Ragan made the permit be approved subject to approval of the City Engineer and Fire Jim Hawkins seconded the motion which carried 6-0. at 4600 a motion Marshal. (B) Ryan's Family Steak House requested a building permit for addition of a solarium at 737 Concord Road at a total estimated cost of $55,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Kathy Brooks seconded the motion which carried 6-0. CONSENT AGENDA: Hugh Ragan made a motion the minutes of January 6 & 21 be approved as submitted. Kathy Brooks seconded the motion which carried 6-0. February 3, 1986 - Continued COUNCIL INPUT, in Athens and everyone to put Joel they those Harrell said council exchanged some good ideas to good use. just ideas returned from a and concepts. weekend retreat Joel challenged Jerry Mills said the annexation committee was very active and had a lot of things pending. The retreat was very good and he looked forward to going again. Kathy Brooks said the Parks and softball. Also, Smyrna for the 4th year, August 6-9 Department has begun will host the State at King Springs Pool. registration for Swim and Diving youth track championship Hugh for Hugh Ragan thanked Larry Williams and other members corning tonight and thanked Larry for the good job also thanked members of the ladies auxiliary present of the Fire his department tonight. Department is doing. Hugh Ragan read a program recognizing will be representing portion of a letter from the Atlanta Jennifer Edgar for her accomplishments. the United States in Europe this summer. Superstar Jennifer Basketball and others Max Bacon said that as of tonight, chambers. Max said he went on the the best trips this body has ever issues that concern the City. smoking will not be retreat 2 years ago made together. They permitted and felt discussed in the council it was one of many important Max said that annexations is to pursue. At the beginning of by Jerry Mills and it is by now. Max said he looks forward 2 years. one very important issue that we will continue the year he formed an annexation committee chaired far and long the most active committee we have to seeing quite a few annexations over the next With no further business, meeting adjourned at 8:28 p.m. ************************ February 17, 1986 The regular scheduled meeting of Mayor and Council was held February 17, 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representa- tives of the press. Invocation was given by John Patterson followed by the pledge to the flag. CITIZENS INPUT: A representative of the Smyrna Jaycees requested permission to have a "gangster night" to raise money for the Jaycee sponsored Camp Dream. Members would dress in roaring 20's outfits and with approval of the owners, solicit donations from patrons of different restaurants in town. Max Bacon asked them to coordinate their plans with Chief Little. DEPARTMENT REPORTS, Chief Larry Williams Departmental reports were given by John and Parks & Recreation Director Sherry Reavis. Patterson, Fire PUBLIC HEARINGS, (A) Rezoning request by Mrs. Commercial to General Commercial. Nancy Ellison, 669 Cherokee Road from Future John Patterson said that Mrs. Ellison was requesting the rezoning for a carpet business at this location. The property is adjacent to the petatorium at 675 Cheroke Road which Mrs. Ellison also owns and operates. The lot does not meet minimum square foot requirements for General Commercial and although the lot size does conform to Limited Commercial, retail sales are not allowed under this category. There was no opposition. Mrs. Ellison said they would have a carpet showroom for their samples with no actual storage of carpet or other material. Salesmen will go to the customer's home and the carpet will be delivered to them from a warehouse. Ms. Ellison said she was aware of requirements for parking and paving and they would also have provisions for proper drainage. Kathy Brooks February 17, 1986 - Continued to Mrs. Ellison and she realizes that General Commercial because of the lot size. Limited Commercial is not much that does not allow for retail sales but Kathy said she would be an iwprovement because the Ellison's would also to the outside i.e.. painting, landscaping. Mr. Camp approved as Limited Commercial it would constitute a sales. After further discuss ion Chuck Camp asked Mrs. be a manufacturer's representative and the answer was Limited Commercial classification allows a manufacturer's variance would not be required. Kathy Brooks made a motion the 669 Cherokee Road be rezoned from Future Commercial to Limited the stipulation that the existing structure cannot be modified the lot contains the required minimum 20,000 square feet, not be I paving is complete and drainage has been city that samples only be allowed at the location other related material. Jim Hawkins seconded the (B) +:equest by Lee Eubanks, 1303 Concord Road from R-15 to Office/ln- be and John Patterson said this parcel is on the northeast Street and COnco+:d Road. The existing lot is 12,468 square feet, requirement::; of 2Q, 000 square feet for 0& I. The Planning and the request with the stipulation that if the present modified and another structure is to be built, the lot size met by cOwbining the property with adjacent property of Eubanks said he also owns the contiguous property and the constitute approximately 2 acres. His adjacent property is would for this to be compatible. Mr. Eubanks said the a one year lease and it would be at least that property. He also understood that once rezoning the house as residential. Following discussion, be approved with the stipulation that any way. the lot size requirements must lots. Hugh Ragan seconded the motion which (C) Young Sik Hahm, 777 Food Store on Windy Hill Road. Patterson said Mr. Hahm was proposing to build the lot next to the 777 food store at 1651 Windy variances are required; reducing the rear yard setback of feet. reducing the 15 foot side yard requirement to 10 feet and abutting a residential classification from 50 feet to where the building will be located 10 feet from the line. Shopping center would have the same setbacks as the 777 adjacent to this property are owned by thirteen reason a letter of approval was not required. would definitely upgrade the appearance of the it be approved. Frank Johnson represented Mr. of one of his colleagues in the House of Representatives with Mr. Hahm. Mr. Johnson said Mr. Hahm has been and was sure that his development would improve With little discussion, Jerry Mills made a motion Hawkins seconded the motion which carried 7-0. since community. approved. Jim (P) group project plan, Castlebury/Thomas properties, Mavell Road. a this property was rezoned sometime ago and at that time the developer would bring his plans back to council this morning with the attorney and broker and they are to have plans submitted for approval and have asked Hugh Ragan made a motion this item be tabled to Bob Davis seconded the moiton which carried 7-0. it for not for the Amendment: Private Residential Section 3-80, Alcohol Beverage February 17, 1986 - Continued John Patterson said an ordinance had been drafted which would allow for a meeting place for residents living within a residential complex of 500 or more units. The ordinance is limited in scope but provides an opportunity for these residents to have their own club where they can have food and drinks without having to go outside the complex. Jack Shinall asked if the amendment had been advertised and Mr. Patterson stated it would not be necessary to advertise since we are not amending our distance requirements for alcoholic beverage licenses. Max Bacon also pointed out that this license is actually more restrictive than any other pouring license. Jack Shinall read the amendment and made a motion it be apProved as read. Bob Davis seconded the motion which carried 7-0. (B) Request for Pawn Shop License: Road. Ms. Patricia B. Davis, 2175 Old Concord John Patterson said that Ms. Davis wobld like to open a pawn shop in the small Shopping center at the corner of Old Concord Road and Kennesaw Drive. Ms. Davis currently has a pawn shop license in the City of Marietta and there are no known problems. Ms. Davis said she had been in business for 7 years at Town & Country Shopping Center. From time to time they may receive stolen goods but they always cooperate with the Police Department and keep good records. Ms. Davis said she has received a copy of our ordinance and is familiar with our requirements for record keeping. After further discussion Kathy Brooks made a motion the license be approved seconded by Jerry Mills. Jack Shinall said he would not support the motion because he felt there was an over concentration of businesses of this type in the area and did not support the last one. Vote on the motion to approve the license carried 6-1, with Jack Shinall opposed. (C) Appointment to Planning and Zoning Board, Ward 3. Jerry Mills made a motion that M. and Zoning Board representing Ward 3. 7-0. F. Bob Washburne be appointed to Davis seconded the motion the Planning which carried D) Appointment to Clean City Committee, Ward 3. Jerry Mills made a motion that Lydia Brack be appointed to the Clean City Committee representing Ward 3. Jack Shinall seconded the motion which carried 7-0. (E) Appointment to Clean City Committee, Ward 7. Hugh made a motion that Charyn Darby be appointed to the Clean City Committee Ward 7. Jack Shinall seconded the motion which carried 7-0. (F) Approval of Resolution - House Bill 1649. Max Bacon read a resolution to be sent to the members of the Cobb County delegation of the House of Representatives urging them to support and vote for House Bill 1649 entitled "Local Government Services Tax Equity Law". This bill will eliminate the double taxation by the county for services for which our citizens receive little or no benefit. The Cobb County commissioners recently engaged an engineering firm to conduct a study concerning the double taxation and they have refused to release a copy of it, as of this afternoon. Max said if the bill passes, we would negotiate with the county on exactly what services would be provided by them. Hugh Ragan made a motion the resolution be approved as read with copies sent to each member of the Cobb delegation. Jack Shinall seconded the motion which carried 7-0. BID OPENINGS, John Patterson said the parking areas at Jonquil Park are in poor condition due to heavy traffic, erosion and wear and tear over the years. Bids were requested and received from two firms to repair and patch existing holes, install tack coat and 2" of asphalt mix and restripe. Upon the recommendation of John Patterson, Kathy Brooks made a motion the low bid of $10,637.15 be awarded to Black Top Paving with $5,500 from the Governor's Emergency Fund and the balance from the Parks Facility Improvement Account. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS, (A) 2401 Neal Lake Loia Park Construction Drive at a requested a building total estimated cost permit for of $6,000. tenant finish Bob Davis made at a February 17, 1986 - Continued motion the permit be approved subject to approval of the Fire Marshal and Inspec- tions Department. Jack Shinall seconded the motion which carried 7-0. (B) T. Lake Park the permi t Department. S. Gresham Construction requested a permit for tenant finish at 1955 Drive at a total estimated cost of $38,500. Bob Davis made a motion be approved subject to approval of the Fire Marshal and Inspections Jack Shinall seconded the motion which carried 7-0. (C) Network Rental requested a building permi t for tenant space at Road in Belmont Hills Shopping Center. Kathy Brooks made a motion be approved subject to approval of the Fire Marshal and Inspections Jack Shinall seconded the motion which carried 7-0. 2430 Atlanta the permi t Department. (D) Fisher Construction requested a building permit for interior demolition and interior finish at 2464 Atlanta Road in Belmont Hills Shopping Center at a total estimated cost of $l15, 000. Jack Shinall made a motion the permit be appro~ed subject to approval of the Fire Marshal and Inspections Department. Kathy Brooks seconded the motion which carried 7-0. (E) Bill Smith Grading Co. requested a grading permit for a shopping center at Kenwood Road and South Cobb Drive. Hugh Ragan said he has received a lot of calls from people concerned about soil erosion and drainage problems at this location and assured those people that the City would take whatever steps were necessary to ensure that these problems were corrected. Hugh Ragan made a motion the permit be approved. Kathy Brooks seconded the motion which carried 7-0. (F) Rob Nichols requested a building permit for new construction at l264 Concord Road at a total estimated cost of $128,000. Jim Hawkins made a motion the permit be approved subject to approval of the Fire Marshal, City Engineer and Inspections Department. Jerry Mills seconded the motion which carried 7-0. (G) Hickory Construction requested a building permit for construction in Cobb Center Mall at a total estimated cost of $13,644. Kathy Brooks made a motion the permit be approved SUbject to approval of the Fire Marshal and Inspections Department. Hugh Ragan seconded the motion which carried 7-0. (H) Hickory Construction requested a building permit for construction in Cobb Center Mall at a total estimated cost of $14,893. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Jack Shinall seconded the motion which carried 7-0. (I) Hickory Construction requested a permit for construction in Cobb Center Mall at a total estimated cost of $11,496. Kathy Brooks made a motion the permit be approved subject to approval of the Fire Marshal and Inspections Department. Joel Harrell seconded the motion which carried 7-0. CONSENT AGENDA, Hugh Ragan made a motion approval be given to authorize Francis Scott Key Appraisers to proceed with appraisals of 12 parcels on Atlanta Road, Spring Street and Bank Street within the same block as City Hall for possible future acquisition. Joel Harrell seconded the motion which carried 7-0. COUNCIL INPUT, a good meeting license holders Jack Shinall said the and they would be setting in the near future. Community Development up a meeting with all Committee alcoholic had had beverage Hugh Ragan said the budget process has begun and the committee would be starting with the budget hearings soon. Jim Hawkins said the Police Committee has met and looked over at the Police Department. Jim said they were very much aware conditions in that building and were trying to determine their needs the facilities of the crowded for expansion. Max Bacon said there is also a bill in would affect our city, Senate Bill 533, the Cobb delegation asking them to send study. the Senate concerning annexations which and he has written the senators from the bill back to committee for further With no further business, meeting adjourned at 9,01 p.m. February 17, 1986 - Continued A. MAX BACON, MAYOR JOEL HARRELL, WARD 2