01-07-1991 First MeetingJanuary 7, 1991
The first meeting of the new year was held pursuant to the Charter on January
7, 1991 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 Clerk
Melinda Dameron, City Attorney Charles,E. Camp, Community Relations Director
Kathy Barton, Parks and Recreation Director Sherry Reavis, Finance Director
Emory McHugh, Communications Director Steve Ciaccio, Police Chief Stan Hook,
Public Works Director Vic Broyles, Fire Chief Larry Williams, Library
Director Laurel Best, City Engineer Ken Hildebrandt and representatives of
the press.
Invocation was given by Harris Fennell, pastor of Smyrna Assembly of God,
followed by the pledge to the flag.
Mayor Bacon announced that John Patterson's mother had passed away over the
weekend and he would not be present for the meeting.
CITIZENS INPUT•
PUBLIC HEARINGS:
Nothing to report.
(A) Annexation of 4 acres on Oakdale Road - James A. Freeman
There was no opposition to the annexation. Mr. Freeman stated he was bringing
all of his property in this area into the City as he became contiguous and
this was the second parcel to be annexed.
With little discussion John Steely made a motion the property be annexed into
the City and made a part of Ward 7. Jim Hawkins seconded the motion which
carried 7-0.
(B) Rezoning of 4 acres on Oakdale Road from R20 to Light Industry
James Freeman requested the rezoning of this parcel just annexed at the
southeast intersection of Oakdale Road and Mitchell Road for new construction
of office warehouse space. There were several opposed and two were sworn in
with Mr. Freeman.
Mr. Freeman said he had been working for some time with Airborne Express and
they are very interested in building a regional distribution center on this
site. This is a desirable location since it is a corner lot and they will
have access from Oakdale and Mitchell Road. Adjacent to this is an
office/warehouse development and the property is surrounded on three sides by
Heavy Industrial zoning, with R20 to the south.
Mr. Charles Roddy, a resident of Corley Drive said he was opposed to any
annexation or zoning by the City in this area and was concerned that his
property would also be annexed. Mr. Roddy said this property joins his
neighbors and there is no commercial development on this end of Oakdale
Drive.
Mr. Morgan Parham, President of Johnston Crossing Homeowners Association said
they are opposed to the zoning because of the additional traffic that will be
generated. The only ingress or egress from their subdivision is from Oakdale
Road, approximately 2500 feet from this proposed site. These homes are
relatively new and commercialization of this area will result in devaluation
of their homes. Safety is also a factor and since this is a package delivery
service this site would not be appropriate. The bridge at Buckner Road is
very narrow and Oakdale Road in this area is very hilly and curvy; not
suitable for heavy truck traffic. Also, there is a hill and blind curve at
the site near the entrance to Nickajack Park. Mr. Parham said if the zoning
was changed, they felt it would be necessary to improve the road and bridge,
and also install a traffic light on Highlands Parkway at Oakdale Road.
Mr. Freeman said there would be about 30 trucks operating from this location
and they would, more than likely, use Oakdale Road to Highlands Parkway and
I-285 for their normal route of travel. Mr. Freeman said there also seems to
be some confusion about the site distance. If you are coming out of Nickajack
Park you are below grade and cannot see, but this driveway will be above
grade with good site distance. Office/Institutional zoning would not be
practical for this property since the surrounding area is zoned Heavy
Industrial and it is a transitional area.
January 7, 1991 meeting - continued
Mr. Tyrone Yocum was sworn in by Mr. Camp and said he was also a member of
the Johnston Crossing• Homeowners Association and said the proposed zoning
tonight seems to be contradictory to the land use plan developed by the
county and if approved, would lead to future developments of this type.
Pat Seay, President of the South Cobb Civic Association was sworn and said
she was sympathetic with the homeowners in Johnston Crossing since there is
no other means of access and many of them bought their homes without knowing
that it is a transitional area. Mrs. Seay asked that their safety be
considered in the decision.
John Steely said he wanted to be fair to everyone involved but did not see
how this development could harm the residential areas. This is a transitional
area and the needed road improvements will be made in the future. John Steely
made a motion the zoning be approved as requested from R20 to Light
Industrial, seconded by Bill Scoggins.
Wade Lnenicka said he would support the motion with some reservations and
felt we should have Ken Hildebrandt talk with the County about road
improvements on Oakdale and thought the residents had made some good points
about safety. Also, Mr. Lnenicka asked that the Engineer look carefully at
site distances, acceleration/deceleration, turn lanes, etc. Possibly, there
may be funds available in the 1% road tax program that would allow us to make
some improvements. Mr. Lnenicka also requested that Mr. Freeman to work with
the City on some things that might be needed to benefit himself and the
residents of the area, and try to be good neighbors.
Vote on the motion to approve carried 7-0.
(C) Annexation of 2608 Argo Drive - Eddie Sellars
There was no opposition from the audience. Bill Scoggins said the legal
description for this annexation was read into the minutes of the December 10,
1990 meeting and made a motion it be approved as requested, and made a part
of Ward 3. Bob Davis seconded the motion which carried 7-0.
(D) Annexation of 2.9 acres on Atlanta Road - Frank Uzzel
There was no opposition from the audience. Wade Lnenicka stated the petition
was validated at the December 10, 1990 meeting and made a motion the
annexation be approved and made a part of Ward 2. Kathy Jordan seconded the
motion which carried 7-0.
(E) Abandonment and conveyance of Wright Street right of way
Bill Scoggins stated a portion of Wright Street as shown on the tax plats on
the north side of Walker Street was never opened or used and the two adjacent
property owners have requested that the right of way be conveyed to them.
There was no opposition and Mr. Scoggins made a motion that portion of Wright
Street located in Land Lot 593 and running north approximately 145 feet from
Walker Street be abandoned and conveyed to the adjacent owners, Mrs. Ruth
Bobo and Mr. J. L. Whelchel, provided they pay surveying and legal expenses.
John Steely seconded the motion which carried 7-0.
John Steely made a motion the rules be suspended to allow an application for
annexation to be read into the minutes. Jim Hawkins seconded the motion which
carried 7-0.
John Steely stated that Ed Cash is requesting the annexation of the old
Lowe's building at South Cobb and South Cobb Industrial Blvd. Mr. Camp read
the petition 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 described
as follows:
All that tract or parcel of land lying and being in Land Lot 691 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly
described as follows:
January 7, 1991 meeting - continued
BEGINNING at an iron pin found at the corner formed by the intersection of
the southwesterly side of the right' of way of South Cobb Drive and the
southeasterly side of the right of way of Seaboard Coast Line Railroad;
running thence south 75 degrees, 34 minutes west along the southeasterly side
of the right of way of Seaboard Coast Line Railroad, a distance of 351.1 feet
to an iron pin'; running thence south 14 degrees, 26 minutes east a distance
of 453.1 feet to an iron pin; running thence north 76 degrees, 39 minutes
east, 570.1 feet to an iron pin; running thence north 37 degrees, 55 minutes
east a distance of 35.3 feet to an iron pin located on the southwesterly side
of the right of way of South Cobb Drive; running thence north 40 degrees, 41
minutes west along the southwesterly side of the right of way of South Cobb
Drive, a distance of 100 feet to a point; continuing thence north 43 degrees,
35 minutes west along the southwesterly side of the right of way of South
Cobb Drive a distance of 100 feet to a point; continuing thence north 43
degrees, 56 minutes west along the southwesterly side of the right of way of
South Cobb Drive a distance of 76.7 feet to an iron pin; continuing thence
north 44 degrees, 44 minutes west along the southwesterly side of the right
of way of South Cobb Drive a distance of 230 feet to an iron pin located on
the southeasterly side of the right of way of Seaboard Coast Line Railroad
and the point of beginning, said property containing 5.0753 acres and being
described in accordance with plat of survey made for Shea/Rustin, Inc., dated
March 27, 1970 by Ernest L. Boggus, Registered Surveyor, and recorded in Plat
Book 49, Page 143, Cobb County Records.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/C. M. CASH, SOUTHERN STATES LANDFILL, INC.
John Steely made a motion the petition be validated and the public hearing
set for February 4, 1991. Jim Hawkins seconded the motion which carried 7-0.
(F) Abandonment and conveyance of portion of Jane Lyle Road (a.k.a.
Cumberland Drive)
Wade Lnenicka stated that when Phase II was approved for Post Vinings, the
City agreed to a right of way swap of a portion of Jane Lyle Road for a new
road to be aligned with Ridge Road. This action tonight is to officially
abandon the existing Jane Lyle Road in exchange for the new roadway which
would generally run along the south and east sides of the Post property into
Atlanta Road and aligned with Ridge Road. The existing Jane Lyle will not be
closed until the new road is completed and opened. There were several people
in the audience who wished to speak and were sworn in by Mr. Camp.
Gerald Sams said he was concerned with the very sharp turn that would be
created with the new road alignment and there is no provisions now for
improving that turn. The configuration of the road would make it impossible
for fire trucks to make the turn and get to the homes at the end of
Cumberland Drive.
Gene Johnson said he also lives on Cumberland Drive and felt the City should
have looked into this matter before making a decision to close the road. Mr.
Johnson also stated that construction of the road as shown on the plans would
not allow access for emergency vehicles.
Ralph Hancock said he originally planned to come tonight to speak in favor of
the road closing but was surprised that council had not seen the latest plans
for the road. Mr. Hancock said he knew the plans for the road had been
revised three different times and the County Engineer would not accept the
original set of plans submitted by Post Properties.
After further discussion Jim Hawkins suggested that this hearing be postponed
to allow time to meet with the City Engineer. Wade Lnenicka made a motion the
hearing be tabled to the January 21, 1991 meeting. Bill Scoggins seconded the
motion which carried 7-0.
(G) Variance request - second building on one lot at 582 Concord Road
Cobb General Hospital requested a variance to allow construction of a second
building on one lot and reduce the side yard setbacks from 50 to 35 feet on
one side and 50 to 10 feet on the other side yard. The two buildings would be
connected with a covered walkway. There was no opposition.
January 7, 1991 meeting - continued
Richard Calhoun represented Cobb General and stated this building would be
behind the existing medical office building. Letters were received from
adjoining property owners stating they had no objections. This will be a 5000
square foot building initially with the size increased as shown on the
drawing according to the demand for additional space.
John Steely made a motion the variances be approved as requested. Kathy
Jordan seconded the motion which carried 7-0.
(H) Privilege license - liquor, beer and wine pouring - The Timbers, 730
Concord Road
John G. Nusekabel requested a pouring license for the Timbers as the new
owner and agent. The police investigation was favorable and there was no
opposition.
Mr. Nusekabel said he had received a copy of the alcoholic beverage ordinance
and would comply with it. His business does not cater to a younger age group
and their policy is to card anyone who looks to be under 30.
After further discussion Jim Hawkins made a motion the license be approved.
Bill Scoggins seconded the motion which carried 7-0.
(I) Privilege license management change - liquor, beer and'wine pouring -
American Legion Post 160
Bill Parvichio applied for the pouring license for the American Legion Post
160. The police investigation was favorable and there was no opposition.
Mr. Parvichio said he had been a member for 16 years and as a member of the
executive board, would be on the p--emises frequently. Also, he had read the
ordinance and understood he would be responsible for any violations. Jim
Hawkins said this is probably the oldest pouring license in the City and made
a motion the transfer be approved. Jack Shinall seconded the motion which
carried 7-0.
(J) Business license - Sax Jewelry & Pawn, 3209 South Cobb Drive
Mr. Hassan -Hans Bayani requested a business license for Sax Jewelry & Pawn
located at 3209 South Cobb Drive. The police investigation was favorable and
there was no opposition.
Mr. Bayani said he currently operates a jewelry shop at this location and
while he was also requesting a pawn license, would primarily deal in new and
used jewelry. During discussion Mr. Bayani said he was a resident of Fulton
County and not a county resident as required by the Code. Jim Hawkins stated
Mr. Bayani did not meet the basic requirements of the Code and for that
reason, made a motion the license be denied. Bill Scoggins seconded the
motion which carried 7-0.
FORMAL BUSINESS:
(A) Approval to increase deposits for water, sewer, sanitation
Jim Hawkins said that for quite some time our water department has been
receiving complaints from property owners that our $60 deposit is not
sufficient to cover an average delinquent bill. The Finance and
Administration committee met and has recommended an increase of customer
deposits. Mr. Hawkins made a motion deposits for residential water and seer
service be increased from $60 to $75, and for sanitation only from $10 to
$25. Commercial sanitation deposits will also increase from $50 to $150 with
water and sewer deposits remaining $150. Wade Lnenicka seconded the motion
which carried 6-1 with Jack Shinall opposed.
(B) Approval of banking services agreement
Jim Hawkins made a motion the banking services agreement be tabled to the
next meeting to, allow more time for review by the committee. Jack Shinall
seconded the motion which carried 7-0.
BID AWARDS:
(A) Lighting contract
January 7, 1991 meeting - continued
Jim Hawkins made a motion the lighting contract for the new Community
Center/Library project be awarded to Ask -Kay Electric at $106,749, the second
low bid. Wade Lnenicka seconded the motion which carried 7-0.
(B) Landscaping contract
Jim Hawkins made a motion the landscaping contract be tabled to the next
meeting.Bill Scoggins seconded he motion which carried 7-0.
(C) Furnishings contract
Jim Hawkins made a motion the furnishings contract be tabled to the next
meeting. Kathy Jordan seconded the motion which carried 7-0.
(D) Service truck for water/sewer department
Jack Shinall made a motion the bid be awarded to Fouts Brothers, the only bid
received at $42,843.00. Kathy Jordan seconded the motion which carried 6-0
with Bill Scoggins abstaining.
COMMERCIAL BUILDING PERMITS:
CONSENT AGENDA:
Nothing to report.
(A) Request bids to resurface Jonquil Park tennis courts
(B) Approval of December 17, 1990 minutes
Jack Shinall made a motion the consent agenda be approved. Kathy Jordan
seconded the motion which carried 7-0.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that sting operations were recently conducted in the City
and several cases made. These operations are conducted by our Police
Department randomly, at the request of the County Solicitor and County
beverage control office as a result of complaints they have received.
(A) Mr. "T" Bottle Shop, 1184 Concord Road
License holder Edward Thomas, Sr. was sworn in with Captain Kirby and Landria
Johnson, clerk.
Captain Ted Kirby stated that on November 28, 1990, a 19 year old white male
purchased alcoholic beverages at Mr. "T" Bottle Shop from the clerk, Landria
Johnson, after checking the drivers license marked "under 21". The clerk was
advised of the violation and State warrants issued.
Mr. Johnson said when he asked for the license, he made an honest mistake and
miscalculated the date of birth and did not think the license was stamped as
being "under 21". After hearing all testimony, Jim Hawkins made a motion that
the license for Mr. "T" Bottle shop be suspended for 30 days, with a
stipulation that the suspension may be purged through payment of $1,000 fine.
Bill Scoggins seconded the motion which carried 7-0.
(B) Freddie Mac's Package Store, 4924 South Cobb Drive
License holder Freddie Douglas Mack was sworn in with Barbara Ann Patrick,
clerk
Captain Ted Kirby stated that on November 28, 1990, a 19 year old white male
purchased alcoholic beverages at Freddie Mac's Package Store from the clerk,
Barbara Ann Patrick, who failed to ask for any identification. The clerk was
later advised of the violation and State warrants issued.
Mr. Mack said Ms. Patrick was a new employee and still in training when the
sale was made. Since that time, he has spent more time with her to be sure
she understands the ordinance and has also instructed her to card everyone
who enters the store. After hearing all testimony, John Steely made a motion
the license be suspended for 30 days, with a stipulation that the suspension
may be purged through payment of a $1,000 fine. Jim Hawkins seconded the
motion which carried 7-0.
(C) South Cobb Package Store, 2415 South Cobb Drive
January 7, 1991 meeting - continued
License holder Terry Anderson was sworn in by Mr. Camp.
Captain Ted Kirby stated that on November 28, 1991, alcoholic beverages were
sold to an 18 year old white male at South Cobb Package, by the clerk,
Funmiley Koya, who failed to ask for identification. The clerk was later
advised that he had sold to a minor and that State warrants would be issued
the following day.
Ms. Anderson stated she was not at the store when the sale was made and
although she had no substantial evidence that sales had been made to a minor,
Mr. Koya had been terminated. After hearing all testimony, Kathy Jordan made
a motion the license be suspended for 30 days with a stipulation that the
license may be redeemed through payment of a $1,000 fine. Wade Lnenicka
seconded the motion which carried 7-0.
(D) Fitzgeralds Convenience Store, 2096 Atlanta Road
Janice Ferguson and Paul Thomazewski were sworn in by Mr. Camp.
Captain Kirby stated that on December 5, 1990 a clerk at Fitzgeralds sold
alcoholic beverages to an 18 year old white male after checking a paper
drivers license, with no picture. The clerk was later advised that she hold
sold to a minor and that State warrants would be issued the following day.
Ms. Ferguson said this clerk has already been terminated and while they felt
they had a very good training procedure, their policy would now be to not
hire anyone under 21 years of age in hopes that the added maturity level
would make them more aware of the seriousness of selling to a minor. After
hearing all testimony, Kathy Jordan made a motion the license be suspended
for 15 days, with a $1,000 fine since this is a second offense. Bill Scoggins
seconded the motion which carried 7-0.
(E) Rackem & Roll, 3231 South Cobb Drive
Mayor Bacon stated that on December 17, 1990, citations were issued to James
Larry Wright, agent for the license at this location and Tammy Hardigree, a
waitress, for selling to a minor. These arrests were not a result of the
sting operation, but through complaints that have been received by the police
department in recent months.
Mr. -Wright and Detective Tony Maloney were sworn in by Mr. Camp.
Detective Maloney said that on the evening of December 17th during a periodic
check he questioned a young man leaving Rackem & Roll who admitted that he
was under age and that he purchased beer from the establishment. He
identified the waitress as Tammy Hardigree, who later stated she had sold the
alcohol and had seen him drinking there before, so she assumed him to be 21.
Mr. Wright said the waitress had only been employed 3 days and she thought
she had checked the young man's identification. Mr. Wright said they have now
raised the age limit of the customers to 21 and have also hired someone to
stay at the door and check ID's of everyone entering. Also, they have hired
an off duty police officer to work on Friday nights. The waitress was not
terminated because he felt she was doing a good job and there was no intent
on her part.
Tammy Hardigree was sworn in and stated it was crowded on the evening in
question and being a new employee, she was nervous. Since this incident,
however, she now cards everyone before making a sale.
Larry Ellison was sworn and stated he purchased beer that evening and had
also been there a couple of times,before. On the evening of December 17th,
the waitress sold to him without asking for identification.
After further testimony Jim Hawkins made a motion the license be suspended
for 15 days and that Mr. Wright be fined $1,500. Jack Shinall seconded the
motion which carried 5-2 with Wade Lnenicka and John Steely opposed.
(F) Oasis Bottle Shop, 3181 South Cobb Drive
January 7, 1991 meeting - continued
Mayor Bacon stated the package license for Oasis Bottle Shop was suspended
December 20, 1990 for the violation of making unlawful deliveries and failure
to purchase from properly licensed wholesalers. A temporary restraining order
was filed by Mr. Gulla and they were allowed to re -open pending the show
cause hearing tonight. On December 17, 1990, Captain Farmer observed Mr.
Gulla arriving at the store and removing several cases of liquor from his
car, a violation of State and local statues.
Mr. Camp administered the oath to Mr. Gulla and Captain Farmer.
Mr. Ernest Brookins represented Mr. Gulla and stated if acceptable, he would
like to enter a nolo plea, state a prima facie case and submit to the maximum
fine of $1,000. Captain Farmer stated that since the initial arrest there had
been several other violations that the Mayor and Council should be aware of.
Attorney Camp said we could not count against Mr. Gulla any actions that we
have not advised him of and if there are further accusations or evidence it
would be proper to ask for a continuance. Mr. Brookins stated his client has
criminal charges pending in State court and he did not want him to
incriminate himself further by addressing anything other than the issues he
was apprised of, and requested this hearing be continued until after the
State court hearing has been disposed of.
After further discussion Jim Hawkins made a motion this hearing be continued
for 30 days. Bill Scoggins seconded the motion which carried 7-0.
COUNCIL INPUT: Wade Lnenicka gave a library report and said he has received
a lot of complaints about people parking their cars on their front lawns and
felt it de -valued the neighborhoods. Mr. Lnenicka asked everyone to use their
driveways.
Bill Scoggins reported the first free winter concert will be this Friday at
7:30 p.m. in the Wills Educational building gymnasium.
Jim Hawkins said he had received several calls about the first change order
for the downtown re -development approved last meeting. Mr. Hawkins said the
contractors were told not to bid sales tax in their quotations since at thAt
time we thought we would be tax exempt.
Jack Shinall stated that two weeks from tonight we would have the hearing to
consider the closing of Bank Street. Mr. Shinall said the pilot recycling
program seems to be successful and he was pleased with the number of people
participating.
John Steely reported that North Cooper Lake Road has now been closed at the
railroad tracks and warning lights will soon be installed.
With no further business, meeting adjourned at 11:00 p.m.
A. MA�eTACON, MA
BOB AAA IS, WARD
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9CK SHIlQALL, W D Y
GHN ST ELY, WARD 7