01-03-1989 First MeetingJanuary 3, 1989
The first meeting of the new year was held pursuant to the Charter on January
3, 1989 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 Administrator John Patterson, City Attorney
Charles E. Camp, 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.
CITIZENS INPUT: Mark Akins of 985 Valley Drive said that on December 26th a
pit bull came into his yard, charging and circling him. He was unable to get
back into the house and his wife called 911. Mr. Akins said his call did not
meet the criteria established by the City in answering calls such as and
because the dog had not actually bitten anyone it was not given priority. Mr.
Akins said he was concerned for the safety of his 5 year old son and 4 month
old baby. John Patterson said he had a transcript of the tape when the call
came in and the dog was described as a pit bull loose on the street; nothing
was said about the yard or about it attacking anyone. After lengthy
discussion it was determined that the owner of the dog has already been
notified that it has been categorized as a vicious animal and must be kept in
a secure enclosure. The owner of the dog also must provide proof to the City
within 30 days of notification that he has complied. Additionally, we have
changed procedures in our communications department so that any report of a
potentially dangerous dog will be answered immediately. Mayor Bacon
apologized for the misunderstanding and Wade Lnenicka also stated that the
City is very much concerned. Our ordinance and the State law concerning
vicious dogs is very stringent and imposes severe criminal and civil
penalties on the owners. The new State law also requires owners to provide
proof of $15,000 liability insurance once the dog has been categorized as a
vicious animal.
PUBLIC HEARINGS:
(A) Privilege license - Beer and wine pouring - Paulie's Pizza, 2569 Cobb
Parkway
John Patterson said that Mr. Paul Michael Mastrangelo has made application
for a beer and wine license at this location, formerly Son's of Italy. The
police investigation was favorable and there was no opposition.
Mr. Mastrangelo said he and his brother were the owners of Son's of Italy and
his brother had held that license since July 1980. He recently bought his
brother's portion of the business and would now like the license in his name.
Mr. Mastrangelo said he will be the full-time manager of the restaurant and
has been in this business since 1979. The majority of their income, probably
95%, is from food sales. Mr. Mastrangelo said he is familiar with our
ordinance and his employees are carefully trained to check identification of
their customers.
Bob Davis made a motion the license be approved. Jack Shinall seconded the
motion which carried 7-0.
(B) Rezoning request - 9.9 acres at South Cobb Drive and King Springs Road
from FC to 0&I.
Bob Betenbaugh said that apparently the notice of public hearing signs were
removed from the property and in order to ensure that the property had been
posted the minimum number of days required made a motion this item be tabled
to January 16th. Wade Lnenicka seconded the motion which carried 7-0.
FORMAL BUSINESS•
(A) Appeal of Recorder's Court - Annette P. Barker
John Patterson said that Annette Barker had appealed the decision from
Recorder's Court where she was found guilty and fined for Improper Turn. This
appeal was continued at the last meeting at the request of Ms. Barker.
Solicitor Mike Whaley stated that Ms. Barker had now withdrawn her appeal and
no action was taken.
BID AWARDS: Nothing to report.
January 3, 1989 meeting - continued
COMMERCIAL BUILDING PERMITS:
(A) Tolar Construction requested a building permit for a new office
warehouse at 6400 Highlands Parkway at a total estimated cost of $2,175,744.
Bob Betenbaugh made a motion the permit be approved. Kathy Jordan seconded
the motion which carried 7-0.
(B) Tolar Construction requested a building permit for a new office
warehouse at 6600 Highlands Parkway at a total estimated cost of $985,120.
Bob Betenbaugh made a motion the permit be approved. Jack Shinall seconded
the motion which carried 7-0.
CONSENT AGENDA:
(A) Approval of December minutes
(B) Recorder's Court bond schedule - set fine amount for violations of
weight limits on designated roads
(C) Approval of 3-way stop - Laurel Bridge Drive at Laurel Springs Way
Wade Lnenicka made a motion the consent agenda be approved. Bob Davis
seconded the motion which carried 7-0.
COUNCIL INPUT: Jim Hawkins said that business licenses were mailed in
December and reminded everyone that they are due the end of January.
At the request of Jack Shinall, Jim Hawkins made a motion the rules be
suspended to consider the approval of no parking signs on Askea Drive. Kathy
Jordan seconded the motion which carried 7-0.
Jack Shinall said that Askea Drive is totally commercial and since the road
width is less than most city streets, parking on the street causes quite a
problem for the businesses there. Jack Shinall made a motion that no parking
signs be placed on both sides of Askea Drive. Jim Hawkins seconded the motion
which carried 7-0.
Jack Shinall said recently he has been reading about Marietta's efforts to
have their annexation moratorium lifted. Mr. Shinall said this moratorium
came about from the Cobb County Board of Education and the general population
of the county; not the Cobb County Commissioners and it bothered him to hear
about Smyrna's continued annexation policies. When Marietta annexes, our
school system loses revenues and our annexations do not have that same
effect. Mr. Shinall said that is the reason the moratorium was passed and he
felt it should stay in place.
Bob Betenbaugh said he would like to emphasize to our citizens that when they
make animal control calls they should be specific in their report to avoid
any misunderstandings. We do respond and we do care, but we must know whether
or not it is an emergency or just a dog running loose.
Mayor Bacon stated that a satellite tag office has been set up in City Hall.
Applications can be dropped off Monday through Friday from 8:00 to 5:00 p.m.
and the decals will be ready for pickup within 3 days.
With no further business, meeting adjourned at 8:03 p.m.
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A. MWACON, MAYOR MELIN A DAME N CITY CLER
BOB DAVIS, WARD 1 >r LNENICKA, WARD 2
BILL GINS, W 3 J7 M. HAWKINS, WARD 4
(u' L
SHINALL WARD 5 KATHY B OKS JORDAN, Wr 6
BOB BETEIqBAUGH, WARD 7