08-06-1990 Regular MeetingAugust 6, 1990
The regular scheduled meeting of Mayor and Council was held August 6, 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, Parks and Recreation Director Sherry Reavis,
Library Director Laurel Best, Communications Director Steve Ciaccio, Police
Chief Stan Hook, Public Works Director Vic Broyles, Fire Chief Larry
Williams, City Engineer Ken Hildebrandt, Personnel Director Jane Mears and
representatives of the press.
Invocation was given by Lee Delbridge, pastor of Smyrna Christian Church
followed by the pledge to the flag.
Mayor Bacon recognized Stan Wise, candidate for the Eastern District
Commission seat and Ted Reed, candidate for the State House of
Representatives.
Jim Hawkins presented a Distinguished Citizen Award to Shawn Cannon, a Smyrna
High School graduate who was recently chosen as a delegate to the National
Young Leaders Conference in Washington.
Mayor Bacon said there was a large crowd here tonight that he felt were here
about the recent application made for a nude dance bar in the City. There is
nothing on the agenda tonight regarding that application and Mayor Bacon said
Smyrna does not have an ordinance for any type of nude dancing but he would
give everyone an opportunity to speak for those that wished to do so under
Citizens Input.
Bill Scoggins made a motion the rules be suspended to move the variance
request for Applebee's up on the agenda. Bob Davis seconded the motion which
carried 7-0.
Variance request - side yard setback/two signs per property frontage for new
construction of Applebee's, Concord Square Shopping Center
John Patterson stated that Janet Goethe and Jane Lyle Wootten as owners are
requesting a variance to reduce the side yard setback from 33.3 to 15.6 feet
at 3335 South Cobb Drive to allow construction of a new Applebee's in front
of Concord Square Shopping Center. This variance is required for the walk in
cooler which will extend 18 feet past the side building setback line. In
addition, a variance is being requested to erect a second business sign on
the property which would be approximately 42 square feet. There was no
opposition.
Mr. Jim Lewis represented the applicants. Mr. Lewis stated his company owns
the Concord Square Shopping Center and will be purchasing the out lot from
Ms. Goethe to be combined with the shopping center property for the new
Applebee's. If the two lots remain separate the new building will not meet
setback requirements and another variance will be required. The sign will be
the standard, low monument type sign for Applebee's, approximately 42 square
feet in size.
The other variance is required for a walk in cooler on the rear of the
building next to Brown Road which would extend into the side yard setback
approximately 18 feet. The cooler will be encompassed by a brick wall with
landscaping around it, for a uniform appearance. The site engineers have also
inspected the property and did not feel there would be a problem with
visibility. There are three curb cuts off Brown Road now and two of those
will be closed. Access will be provided around Applebee's onto the front of
the shopping center.
After discussion, Jim Hawkins made a motion variances be allowed to reduce
the side yard setback from 33.3 to 15.6 feet and to allow a second business
sign for the property frontage for Applebee's only and the variances not
valid for any other development. Vote on the motion carried 6-1 with Wade
Lnenicka opposed.
CITIZENS INPUT: Reverend Dan Parker, pastor of Fortified Hills Baptist
Church, Jason Campbell, Ted Reed and Jerry Nelms expressed their concerns
about the pending application for a nude dance bar in Smyrna which would
decrease property values and do nothing to improving the moral climate.
Mike Thompson, president of Smyrna Little League presented a plaque to Sherry
I
August 6, 1990 meeting - continued
Reavis in appreciation for the Parks Department's support in the 1990
baseball season.
Ed McCloud requested speed breakers on Falling Water Drive to discourage
speeders. Trees on the street and a bad curve also block visibility and make
it difficult to see. Mr. McCloud also expressed concerns over the proposed
rezoning on the agenda tonight at Spring Road and Park Road because of the
proximity to Argyle School and suggested that an easement be obtained for a
right of way to keep children off the main road. Mayor Bacon stated the City
has attempted to obtain an easement for children walking from Argyle School
but the owner of the property behind the Texaco has refused to grant one.
Billy Fisher, a resident of Turner Drive said while he is a county resident,
the City provides water and sewer service to his home. The City recently cut
the street to install a new line and the street needs to be repaved. Mayor
Bacon stated if the City was responsible for needed street repairs then we
would take care of them and asked Vic Broyles to look into it.
Mike Boatwright, a resident of Falling Water subdivision also expressed
concern over the proposed rezoning at Spring and Park Road because of rush
hour traffic problems on Spring Road, a general decline in property values
and safety for the school children that have to cross the intersection.
Skye Allison, pastor of the Smyrna Church of the Nazarene voiced his
opposition to the proposed beer package license for Big "B" Drugs. Reverend
Allison said alcoholic beverage sales in drug stores would not be in keeping
with the image of public trust that is placed with pharmacists and also
thought it would be a dangerous precedent to set since this would be the
first license of its type.
(A) Rezoning request for 2392 Spring Road - from Office/Institutional to
General Commercial
Bob Davis stated the applicant, Synergy Marts Corporation had requested that
the zoning and variance be continued and made a motion the rezoning be
continued to August 20th. Bill Scoggins seconded the motion which carried
7-0.
(B) Variance request for 2392 Spring Road - two buildings per lot/accessory
structure exceeding maximum size allowed
Bob Davis made a motion the variances also be continued to August 20th. Bill
Scoggins seconded the motion which carried 7-0.
(C) Privilege license - package beer sales at Big "B" Drugs, 3246 South Cobb
Drive
John Patterson stated that Donald Brian Kerratt has applied for a retail
package license for malt beverage sales at Big "B" Drugs. Mr. Kerratt was not
present and Jim Hawkins made a motion the license be denied. John Steely
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Business license request - Emergency Networks, Inc., Burglar Alarms
John Patterson stated that Ronald Thomas Baquet has applied for a license to C
do business in the City as the manager/operator of Emergency Networks, Inc.
The Police investigation was favorable. 1�
Richard Paulson represented Mr. Baquet and stated he was the Operations
Manager for their Marietta office located at 821 Livingston Court. Their
company installs residential and commercial alarms monitored through a
national monitoring facility. They have been operating from the Marietta site
about 4 to 6 weeks and would like to do business in the City.
Jim Hawkins made a motion the license be approved. John Steely seconded the
motion which carried 7-0.
(B) Approval of salary review plan
Jim Hawkins stated as a follow up to the meeting held with representatives of
the City employees and further study by the Finance Committee they were
August 6, 1990 meeting - continued
recommending that the following policy be implemented:
That all Department Heads be authorized to award up to a 5% merit
increase for all affected employees who did not receive an increase as a
result of the newly adopted salary ranges with the following exceptions:
1) That it would not affect any employee with less than one year service
as of July 1, 1990; 2) Would not affect any employee that has "topped
out". This is a one time raise which will not affect the normal merit
raises when they come due on their anniversary date this year.
John Steely said when the budget was approved and the new ranges adopted, he
was under the impression that every employee would receive up to a 5%
increase and this would clarify the misunderstanding that he and many others
had. Jim Hawkins stated the raises would be from zero to 5% at the discretion
of the Department Head after reviewing each employee who did not get a raise
and who is not topped out, with more than one year's service. The raises
should be based on job performance.
Jim Hawkins made a motion the policy be approved, seconded by John Steely.
Jack Shinall asked about the total financial impact and John Patterson said
it would be approximately $150,000. Mr. Shinall asked if any consideration
was given for those that had topped out. Jim Hawkins said there was some
discussion but the committee could not reach a consensus on that point. Mr.
Shinall said he would support the policy tonight but thought there were other
adjustments that should be considered too, including bonuses for meritorious
service. Since the budget is being revised, Mr. Shinall said he would like to
make an amendment to this motion that the City staff reconsider their budget
and come up with a possible list of non -essential items that could be either
reduced or delayed so that the tax increase could be postponed for at least
one more year. Jim Hawkins said he was always open to proposals of ways to
cut the budget and we could still look for ways to cut expenses but would
prefer that it not be a part of this motion. After discussion, motion died
for lack of a second. Vote on the main motion carried 7-0.
(C) Validation of signatures to annex property on Smyrna Roswell Road
John Patterson stated that Mr. Billy King has requested annexation of 3 lots
on Smyrna Roswell Road totaling approximately 3.53 acres. The legal
description was read by Mr. Camp 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 annexed
being described as follows:
All that tract or parcel of land lying and being in Land Lot 634 of the
17th District, 2nd Section, Cobb County, Georgia and being more
particularly described as follows:
BEGINNING at a point on the northern right of Smyrna Roswell Road 548 feet
east from the intersection of Smyrna Roswell Road where it intersects with
North Matthews Street at the corner common to Land Lots 633, 634, 591 and
592, and from said point of beginning running northerly a distance of 416
feet; thence westerly a distance of 218 feet; thence northerly a distance
of 139 feet; thence easterly a distance of 315 feet to a point on the west
right of way line of a 20' alley; thence south along the right of way of
said alley a distance of 485 feet more or less to the northern right of
way of Smyrna Roswell Road; continuing thence westerly along the right of
way of Smyrna Roswell Road a distance of 100 feet to the point of
BEGINNING.
Also, BEGINNING at a point on the northern right of Smyrna Roswell Road
668 feet east from the intersection of Smyrna Roswell Road where it
intersects with North Matthews Street at the corner common to Land Lots
633, 634, 591 and 592, from said point of beginning running north along
the east right of way line of a 20' alleyway a distance of 566 feet to a
point; thence leaving the right of way of said alleyway and running
easterly a distance of 102 feet; thence southeasterly a distance of 448
feet to the northern right of way of Smyrna Roswell Road; thence
continuing along said right of way of Smyrna Roswell Road a distance of
200 feet to the point of BEGINNING.
August 6. 1990 meetina - continued
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident in the annexed
area: s/BILLY KING
Bill Scoggins made a motion the petition be validated and the public
hearing date set for September 4, 1990. Wade Lnenicka seconded the motion
which carried 7-0.
(D) Bid openings
Bids for a copier for the Detective Division were opened, read and
recorded as follows:
Danka Business Systems (Savin 7350) $ 5,598
Konika $ 7,532
Minolta $ 6,196
Pitney Bowes $ 5,621
Kodak $10,190
John Steely made a motion the bids be turned over to the Police Committee
for a recommendation back to full council. Jim Hawkins seconded the motion
which carried 7-0.
Bids for water meters were opened, read and recorded as follows:
B & M
Davis Meter
Tri-State
Senusu Tech,
A&P Supplies
3/4"
24.90
25.85
27.98
30.21
28.75
1"
66.45
52.00
77.80
73.85
80.43
1 1/2"
143.30
159.00
220.00
187.94
322.22
148.15
222.22
2"
221.90
217.00
476.38
272.08
333.00
215.90
3"
581.25
564.00
1,477.00
417.61
483.00
4"
993.75
905.00
3,611.00
798.83
933.00
6"
1,753.00
1,645.00
5,333.00
1,801.70
1,750.00
Jim Hawkins made a motion the bids be turned over to the Finance Committee
for their recommendation back to council. Bill Scoggins seconded the
motion which carried 7-0.
Bids for (1) 1991 Utility Services pickup truck were opened, read and
recorded as follows:
Days Chevrolet $10,820.89
Fouts Brothers $10,313.00
Wade Ford $11,773.00
$11,110.00 (Ranger)
Jim Hawkins made a motion the bids be turned over to the Finance Committee
for their recommendation back to full council.'Jack Shinall seconded the
motion which carried 7-0.
Bids for (3) 1991 long -bed pickups for Public Works were opened, read and
recorded as follows:
Boomershine (GMC) $37,620.00
Nalley Chevrolet No bid
Days Chevrolet $37,102.83
Wade Ford $34,386.00
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council. Kathy Jordan
seconded the motion which carried 7-0.
Bids for a landscaping truck for Public Works were opened, read and
recorded as follows:
Days Chevrolet No bid
Fouts Bros. (GMC) $33,004.00
Nalley Chevrolet No bid
Wade Ford $33,343.00
August 6, 1990 meeting - continued
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council. Kathy Jordan
seconded the motion which carried 7-0.
Bids for a copier for the Public Works office were opened, read and
recorded as follows:
Danka Business Systems (Savin) $4,194.00
Xerox $8,862.00
Gordon Document Products $5,687.76
Minolta $8,407.00
Panasonic $5,014.00
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council. Kathy Jordan
seconded the motion which carried 7-0.
Bids for a refuse compaction unit were opened, read and recorded as
follows:
Mayo Company
Mr. Trash
Fouts Brothers
Consolidated Disposal
Heil Company
$72,147.97 Ford
$68,665.00 International
$63,721.25 Chevrolet
No bid
$71,534.75
$68,630.00
$67,666.25
$71,454.00 International
$70,504.00 Chevrolet
$73,544.00 Ford 8000
$65,449.00 Ford 900
$70,749.97
Jack Shinall made a motion the bids be turned over to the Public Works
Committee for their recommendation back to full council. Kathy Jordan
seconded the motion which carried 7-0.
(E) Ordinance amendment - Section 14-1
John Patterson stated this amendment to the business license ordinance
would ensure that adequate time is provided in order to make necessary
modifications or amendments to the Code in the event that requests are
made that are presently not covered. The ordinance will allow a 45 day
period of time to address the code in order to protect the safety, welfare
and health of our citizens.
Jim Hawkins made a motion that Section 14-1 of the Code of Ordinance be
deleted in its entirety and replaced with the following new section:
Section 14-1. License required.
This section has been enacted in accordance with a plan designed for
the purpose, among others, of promoting the morals, safety, order,
convenience, comfort, prosperity, and the general health and welfare
of the community.
A. It shall be unlawful for any person to begin or carry on any of
the occupations, uses or businesses hereinafter mentioned within the
city without first applying to the City Clerk and obtaining a license
for the operation of such business, use or occupation as hereinafter
specified. It shall also be unlawful for any person or persons to
begin or carry on any occupation, use or business not hereinafter
mentioned without first applying to the City Clerk for a license for
the operation of such business, at which time the governing body
shall, upon being advised of such application, determine a fee to be
paid for the issuance of the license required (Ord. of 12-5-66,
Subsection 1)
B. If at any time an application for a business license is presented
to the City and said application is a request to establish a business
S
August 6, 1990 meeting - continued
prior to issuance or denial of said license, the City shall have forty
five (45) days from the date that a completed application is submitted
to amend, or modify its code in one or more of the following
particulars: (1) create a new business category or modify an existing
one; (2) establish a reasonable application fee; (3) establish
reasonable criteria and necessary regulations to govern the new
business category; (4) establish reasonable zoning ordinances for the
health, safety, and welfare of the City and its citizens; (5)
establish revocation and suspension criteria for non compliance; (6)
establish criteria for non acceptance of license application; (7)
establish any other provision or restriction necessary in order to
carry out the duties of the City in protecting its citizens as
provided by law.
Bill Scoggins seconded the motion which carried 7-0.
RTD AWARDS -
(A) Dump truck for Parks Department
Bob Davis made a motion the dump truck for the Parks Department be awarded
to Fouts Brothers Nissan at $28,493. Bob Davis seconded the motion which
carried 6-0 with Bill Scoggins abstaining.
COMMERCIAL BUILDING PERMITS:
John Patterson stated that NRH Enterprises is requesting permits for three
emission control stations in the City for a period of 6 months. These
permits were tabled at the last meeting until information could be
provided from the Community Development department regarding the total
number of stations in the city, operating hours, fees, etc. A report was
provided for tonight's meeting but Jim Hawkins stated he was concerned
that these temporary locations would become permanent and while they did
provide a valuable service to the community didn't understand why the
permit should be for 6 months. John Patterson said the State has now
allowed the extension of the temporary locations to 6 months due to public
demand.
After further discussion Jim Hawkins made a motion the permits be tabled
for another two weeks to study the fee structure. Jack Shinall seconded
the motion which carried 7-0.
CONSENT AGENDA:
(A) Request bids for new pressbox at Cobb Park
(B) Approval of minutes: July 2 & 16, 1990
(C) Approval to request bids: air lock entry/grade all bucket -extend a
boom/sand spreader for Public Works Department
(D) Approval to surplus fire helmets
(E) Approval to request bids: radio system modifications for Fire
Department
(F) Approval to request bids: 4 wheel drive vehicle for Fire Department
(G) Approval to request bids: rescue -unit for Fire Department
(H) Approval to close Sanford Place on August 13 from 6:00 to 8:00 p.m.
Kathy Jordan made a motion the consent agenda be approved. John Steely
seconded the motion which carried 7-0.
COUNCIL INPUT•
Bob Davis reported the curb and gutter work on Highland Drive has been
completed and Balmoral should.be completed in about 2 weeks.
Wade Lnenicka reminded everyone to vote in the runoff election tomorrow
and commended the Library and staff for a new circulation record of
10,000 in June.
Mr. Lnenicka said a lot of comment was made tonight about the proposed
nude establishment and this will be a difficult issue to address. Council
needs to be responsive to the citizens and this is not the image we need
to project about our city. We are in the midst of the largest
redevelopment project in the State and we are moving forward, with a good
strong government and good employees. The image we have built could be
August 6, 1990 meeting - continued
destroyed in the minds of the people by this one establishment. Hopefully
we can dissuade the owners from locating here.
Bill Scoggins reported the State Swim Meet would be hosted at Tolleson
Park this week and Sherry Reavis gave a full report on the meet and other
events.
Jack Shinall asked about the turn signal at Powder Springs and South Cobb
Drive. John Patterson said originally the request was made for the signal
to assist southbound traffic heading east on Powder Springs. It seems now
that the predominant need is for westbound traffic. The request has
already been submitted to the Departmentof Transportation
Jack Shinall also stated he had received a complaint about the homes the
City has purchased on Bank Street and asked that more time be spent in
keeping the yards trimmed.
Kathy Jordan asked about the creek work behind the homes on San Fernando
Drive. Vic Broyles said it is about 40% complete; the weather has
prevented them from completing the project.
Kathy Jordan stated now that Windy Hill Road is completed there are no
caution lights for the children who cross going to Belmont Hills
Elementary and they have requested a crossing guard and would continue to
do whatever was possible to improve safety conditions along that corridor.
John Steely reported there would be a town hall meeting August 13th at
7:30 p.m. to talk about the East-West Connector and Dr. Doug Wiersig from
Cobb County will be there. Mr. Steely said the residents in his ward do
not a connector onto North Cooper Lake Road and also do not want the
covered bridge area destroyed.
Mayor Bacon acknowledged that he had received a petition just prior to the
meeting tonight opposing any nude dancing clubs in Smyrna.
Mayor Bacon reminded everyone to vote tomorrow on the run-off election and
with no further business, meeting adjourned at 9:55 p.m.
A. BACONS, MAYORS
BOB AVIS, WARD 1
BILL ACOGGINS, A&D 3
JACK SH
KATHY BROOKS JORDAN, WARD 6
August 20, 1990
The regular scheduled meeting of Mayor and Council was held August 20,
1990 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock
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, Parks and Recreation Director Sherry
Reavis, Personnel Director Jane Mears, Police Chief Stan Hook, Library
Director Laurel Best, Communications Director Steve Ciaccio, City Engineer
Ken Hildebrandt, Fire Inspector Steve Gaddy, Community Relations Director
Kathy Barton and representatives of the press.
Invocation was given by Larry Wiley, pastor of Concord Church of God
followed by the pledge to the flag led by Boy Scout Troop 749 from
Mableton.
a