07-16-1990 Regular MeetingJuly 2, 1990 meeting - continued
John Steely read a letter from Griffin Middle School commending our police
department for the fine job they have always done. Mr. Steely said we do have
a good department and we are very proud of them, as well as the fire
fighters.
With no further business, meeting adjourned at 8:55 p.m.
A. MP BACON, MAY MELI A DAMER Ty CI
BOB DAVIS, W 1 19-ADE LNENI , W 2
BILL' OGGINS W �S M. HAWKIN , WARD 4
K SHIN L, WARD 5 KATHY BR S JORDAN, W 6
7 e
HN STEE WAM 7
July 16, 1990
The regular scheduled meeting of Mayor and Council was held July 16, 1990 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, Library Director Laurel Best, Police Chief
Stan Hook, Communications Director Steve Ciaccio, Fire Chief Larry Williams,
City Engineer Ken Hildebrandt, Personnel Director Jane Mears, Community
Relations Director Kathy Barton and representatives of the press.
Invocation was given by John Patterson, followed by the pledge to the flag.
Mayor Bacon recognized J. B. Butler, owner of Butler Drugs and read a
proclamation honoring him on his 70th birthday. Mayor Bacon also recognized
Carolyn Duncan and Thomas Harper, School Board candidates; Nancy Campbell,
State Court Judge candidate; and Mary Beverly representing her husband Al
Beverly who is a candidate for the U.S. House of Representatives.
Jack Shinall reported that the Ward 5 polling place has not changed although
the name did change from Nash Middle School to the F. T. Wills Educational
Service Center. Bob Davis stated that Ward 1 has been divided into two
polling places for County, Federal and State elections. Ward 1 residents
living north of Spring Road will now vote at Bethel Baptist Church while
those on the south side of Spring Road will vote at Argyle Elementary School
as usual.
Jack Halpern, owner of Belmont Hills Shopping Center presented a check to the
Smyrna Parks Department for $2,257 and another for $250 from proceeds of
funds raised at the Smyrna Kids Karnival held at Belmont Hills last Saturday.
Mr. Halpern said it was a very successful event and expressed his
appreciation to the City and other volunteers for their help.
Richard Pecha of 2667 Brown Circle asked if Phase II of the downtown
redevelopment would require purchase of additional land. Mr. Pecha expressed
concerns about a recent newspaper article referring to "upscale housing" in
this area and the affect it might have on him. Mr. Pecha was advised that the
City had purchased all of the property that might be needed with the
exception of one or two parcels which would not affect him. Also, council
intended to protect the homeowners in the area and would consider purchase of
additional homes only if the owners collectively requested that the City
purchase their property.
PUBLIC HEARINGS:
(A) Variance request - satellite dish at 3070 Lee Street
July 16, 1990 meeting - continued
John Patterson stated that Jeffrey and Fabrizio Tapia are requesting a
variance to install a satellite dish in their front yard at 3070 Lee Street.
In his letter of hardship, Mr. Tapia states that the dish is needed for his
work with CNN News. There was no opposition.
Mrs. Tapia stated that they had the dish installed a few months ago so that
her husband could have access to the hispanic channels that are not available
through Smyrna Cable TV. Because of the trees and topography, the only
suitable location was the front yard. Letters were provided from two
adjoining neighbors stating they had no objections.
Jim Hawkins stated the ordinance prohibits any accessory structures in a
front yard and was concerned about setting a precedent for others to allow
similar structures that we have never allowed in the past.
Mr. Tapia said that as a news writer, his job with CNN required that he have
access to the hispanic channels but would be willing to move the dish to
another location if at all possible.
Jim Hawkins made a motion the variance be tabled to the second meeting in
August. Jack Shinall seconded the motion which carried 7-0. Wade Lnenicka
also asked Mr. Patterson to check to see if Mr. John Davis, the person who
installed the dish, had an appropriate license to do business in the City.
(B) Variance request - rear yard setback for Po Folks, 821 Concord Road
John Patterson said that Po Folks is requesting a variance on the rear yard
setback from 30 to 13.5 feet to install two walk-in coolers onto the rear of
the existing building at their new location. The coolers would be placed on
top of the concrete retention structure at the rear of the building. There
was no opposition.
Mr. Richard Pratt represented Po Folks and stated that in presenting the
building plans he was not aware that a variance would be required to install
the coolers. These are not permanent structures and are similar to a large
piece of air conditioning equipment. They will cover the water retention area
but would not impede water flow and could be easily moved if needed.
After further discussion, Jim Hawkins made a motion the variance be approved
with the following stipulations:
1) That Po Folks, Inc. will bear any expense incurred in the relocation,
either temporary or permanent, of the coolers placed over the retention pond
per the attached plat in the event the City so requests. Further, that Po
Folks will be responsible for any damages to the coolers in the event the
City requires them to be moved.
2) That any water damage incurred from the retention area overfilling or
flooding be the responsibility of Po Folks and not the City.
John Steely seconded the motion which carried 7-0.
(C) Home occupation license - Rebel Automotive, 5070 Laurel Glen Court
John Patterson stated that Mr. G. Weldon Price is applying for a home
occupation to allow him to operate as a consultant from his home, doing
business as Rebel Automotive. Signatures were obtained from homeowners within
a 300 foot radius and there was no opposition.
Mr. Price said he was an after market consultant and his business consisted
of locating equipment or supplies that a shop might need to operate.
Effectively, he operated as a brokerage by locating equipment at the best
possible prices and having it shipped to the customer. Mr. Price said he did
some telemarketing from his home and had a computer but otherwise there were
no parts or equipment stored at his home and there would be no signs or
outdoor advertising.
John Steely made a motion the license be approved. Bill Scoggins seconded the
motion which carried 7-0.
(D) Privilege license - package beer and wine sales - Cobb House Package
Store, 467 Jones Shaw Road
July 16, 1990 meeting - continued
John Patterson stated that Auburn Phillip Hansard is applying as the new
owner/operator of the Cobb House Package Store for package beer and wine
sales at 467 Jones Shaw Road. The background investigation was favorable and
there was no opposition.
Mr. Hansard said he had been an employee of Cobb House Package Store for the
past 15 years but had never held a license in his name. Wade Lnenicka
reminded Mr. Hansard that he would be the person responsible for the license
and they would expect nothing less than the highest conduct in his operation.
Kathy Jordan made a motion the license be approved, seconded by Bill
Scoggins. Vote on the motion carried 7-0.
(E) Privilege license management change - Majik Market, 3002 Atlanta Road
John Patterson stated that Mr. Woodson Lee McFarlin, Jr. has submitted an
application as the new agent to hold the retail package beer and wine license
for Majik Market at 3002 Atlanta Road. The police investigation was favorable
and there was no opposition.
Mr. McFarlin said he is the District Manager for Majik Market and has resided
in Cobb County for 17 years. Also, he understood the ordinances of the City
and knew he would be responsible for the operation of the store.
Wade Lnenicka stated that during the last sting operation, our underaged
buyer went to the Majik Market and purchased beer during a very busy time of
day. When the clerk realized that she had sold without checking
identification she ran into the parking lot and and after checking the ID,
refunded his money and made him return the beer. Mr. Lnenicka said this
action did show a sense of responsibility on their part and he commended them
for it.
Wade Lnenicka made a motion the license be approved as requested. Bob Davis
seconded the motion which carried 7-0.
(F) Abandonment of Woodland Terrace
John Patterson said that Woodland Terrace is a dead end street in Afton Downs
Subdivision and it is suggested that the uncompleted portion north of the
dead end be abandoned. The uncompleted portion is shown as a city right of
way on the subdivision plat for Phase II of Afton Downs with some of the lots
encroaching into that right of way. The right of way, once abandoned, may be
deeded to those property owners at their individual request. The notice of
abandonment was advertised and signs posted on the property. There was no
opposition.
Bob Davis made a motion Woodland Terrace, north of the existing dead end as
shown on the plat of survey for Phase II of Afton Downs Subdivision be
abandoned. Jack Shinall seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Bid opening - truck chassis
Bids for a new truck chassis were opened, read and recorded as follows:
Wade Ford
Smyrna Truck Body
$30,593
$28,493 (GMC)
Jack Shinall made a motion the bids be turned over to the Parks Committee for
their recommendation back to full council. Kathy Jordan seconded the motion
which carried 7-0.
BID AWARDS: Nothing to report.
COMMERCIAL BUILDING PERMITS:
(A) NRH Enterprises requested 6 month permits for three emission control
stations. Jack Shinall said he has received a lot of criticism about the
emission control stations and would like to postpone this request for 30 days
to allow time for the Community Development Department to provide a list of
other locations that are providing this service within the city, to research
State laws regarding the length of time they should be allowed to operate and
to provide the hours of operation of other locations as compared to these.
July 16, 1990 meeting - continued
Jack Shinall made a motion the permits be postponed for 30 days until this
information has been obtained. Jim Hawkins seconded the motion which carried
7-0.
CONSENT AGENDA•
(A) Approval to request bids: Copier for Detective Division
Water Meters
Utility Services vehicle
Public Works landscaping truck, two pickups
for Street Dept., one pickup for Sanitation,
garbage truck, copier
Jonquil Park soccer field lighting
(B) Approval to surplus vehicles for auction
John Steely made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT: Wade Lnenicka said there would be a Friends of the Library
general meeting July 19th at City Hall. Also, the turn arrow on Atlanta Road
at Campbell has been activated and should greatly improve traffic flow. Mr.
Lnenicka reported that they are continuing to work on the drainage problems
at Vinings Glen and the recent rains provided an opportunity to test the
improvements that have been completed. Mr: Lnenicka expressed his
appreciation to Public Works for the good job on sidewalk installation on
Mohawk Place.
Mr. Lnenicka stated council had a good meeting with employees last Monday
night abut the new pay system and was pleased to report that the majority
overwhelmingly stated they would prefer to be paid on a merit basis according
to the value of the job they do. This says a lot about the calibre of
employees we have and their willingness to do good work.
Bill Scoggins reported on parks activities and congratulated the Parks
Department for the 4th of July fireworks display, which drew the largest
crowd ever. Also, tomorrow night the City will have the first Concert in the
Park at Tolleson Park beginning at 7:30 p.m.
Jim Hawkins reported that the salary issue is still being discussed and has
been referred to the Finance & Administration for a recommendation back to
council.
John Steely reported that a petition is being circulated in the North Cooper
Lake Road area opposing the proposed access road from the East/West Connector
to North Cooper Lake Road. There are about 500 signatures now and they expect
to have 1,000. Mr. Steely also read a letter recently mailed to Dr. Wiershig
from the Mayor asking the County to remove this proposed access road from
their plans.
Mayor Bacon reported that Howards Delicatessen was chosen as "best deli" in
Cobb County for the 4th consecutive year by Inside Cobb magazine. Old South
Barbecue also placed second and Mayor Bacon congratulated them both.
With no further business, meeting adjourned at 8:57 p.m.
A. BACON, MA R
CLERK
WADE LNENICKA, WARD Z