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09-04-1990 Regular MeetingSeptember 4, 1990 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter on September 4, 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 except for Jack Shinall and Kathy Jordan. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Police Chief Stan Hook, Parks and Recreation Director Sherry Reavis, Library Director Laurel Best, Finance Directory Emory McHugh, Public Works Director Vic Broyles, Personnel Director Jane Mears, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, and representatives of the press. Invocation was given by W. H. Raybern, Jr., pastor of Sharon Baptist Church, followed by the pledge to the flag. Mayor Bacon announced that Jack Shinall was out of town on vacation and Kathy Jordan was at home with her husband, Lee, who is recuperating from heart surgery. Jim Hawkins read a proclamation honoring Youth Appreciation Week - For the Love of Children and presented it to the Chairman of the Cobb Commission on Children and Youth. CITIZENS INPUT: George Dyke invited members of council and citizens of Smyrna to the Worldfest at the Galleria, October 12-14, with 90 different performances of music, arts, plays as well as children's activities. Jack Norton of Dundee Drive presented American flags to Boy Scouts in the audience and asked everyone to remember our young servicemen in the Persian Gulf. PUBLIC HEARINGS: (A) Annexation of 3 parcels on Smyrna Roswell Road John Patterson stated that Billy King has requested the annexation of this property totaling 3.53 acres on Smyrna Roswell Road. The legal description was read into the minutes of the August 6th meeting and all advertisements have been made. There was no opposition. Bill Scoggins made a motion the property be annexed into the City and made a part of Ward 3. Wade Lnenicka seconded the motion which carried 5-0. (B) Variance request to exceed maximum size of sign for Chick-Fil-A, 3100 South Cobb Drive John Patterson stated that Scott Gillespie is requesting a variance to exceed the maximum square footage allowed for the existing sign at Chick-Fil-A by adding a 35 square foot reader board and bring their total signage to 152 square feet, 32 square feet over what is allowed by code. There was no opposition. Mr. Gillespie said the reader board would be used to advertise specials with a permanent message that they are closed on Sundays. The reader board would be an addition to the existing free standing sign. Jim Hawkins said that previously, reader boards had not been considered in the total square footage of signs but our new City Engineer has determined that they should be, and made a motion the variance be approved as requested John Steely seconded the motion which carried 4-1, with Wade Lnenicka opposed. (C) Business license request - Title Exchange and Pawn of Smyrna, 1030 Windy Hill Road John Patterson stated that Elizabeth Ellen Autry has applied for a license as the owner/operator of Title Exchange and Pawn of Smyrna, to be located in Suite 2 at 1030 Windy Hill Road. The police investigation was favorable and there was no opposition. Ms. Autry said the nature of her business would be to deal strictly in car titles, and would not pawn guns, precious metals or other items normally September 4, 1990 meeting - continued allowed with a pawn shop. Ms. Autry said she was a part owner of the business with Hugh and Beverly Austin who already have 9 or 10 other locations. Money is loaned on cars at an interest rate of approximately 25% and the title is held until the loan is repaid. Ms. Autry said there would not be any cars stored at this location since they have a lot in Mableton for those that have been impounded. Jim Hawkins said he felt the Austins should have been fingerprinted and investigated as well, since they are.the majority owners and also had some concerns as to whether or not this business should be placed in a pawn shop category. After further discussion Mayor'Bacon called for a 10 minute recess. When the meeting reconvened Jim Hawkins stated he did not feel that we had a suitable category for this business and made a motion this application be held for 45 days as allowed in the new business license code section for further research, and also to expand the background investigation to include the other partners in the business. Wade Lnenicka seconded the motion which carried 5-0. FORMAL BUSINESS• (A) Home occupation license - Eilermann Enterprises, 2621 Viking Drive, Apt. 7 John Patterson stated that Michael Eilermann has applied for a business license to operate a mail order business from his residence at Cedar Lake Apartments. A letter from the apartment manager was submitted with the application stating they had no objections to the license being issued. Mr. Eilermann stated this would be a part time business, providing emergency medical identification cards for individuals containing their complete medical record, with the name and telephone number of their doctor. This is a mail order business with all mail handled through a remote mail box. The only equipment in the apartment would be a camera and small laminating machine. Bob Davis said there was no letter from the actual property owner approving the home occupation use and in the past we have had problems with businesses being operated from apartments. Mr. Davis made a motion the license be denied. John Steely seconded the motion which carried 5-0. (B) Bid openings Bids for a sand spreader for the Public Works department were opened, read and recorded as follows: Truck Transportation Company No bid Fontaine Truck & Equipment $8,175 Smyrna Truck & Body $8,999 John Steely made a motion the bids be turned over to the Public Works committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 5-0. Bids for a grade all bucket/extend a boom were opened, read and recorded as follows: Forest Services, Inc. $18,392 Metrac Company $17,862 Flynn Equipment Company $19,350 Jim Hawkins made a motion the bids be turned over to the Works Public Committee for their recommendation back to full council. Wade Lnenicka seconded the motion which carried 5-0. (C) Validate petition to annex .23 acres on Mathews Street Mr. Camp read the petition signed by Lloyd D. Milholland for the annexation of property on Mathews Street in Land Lot 592 as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent 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 September 4, 1990 meeting - continued being described as follows: All that tract or parcel of land lying and being in Land Lot 592 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the west side of Mathews Street, said point being 722 feet from the west side of Mathews Street where it intersects with the north side of Whitfield Street, said intersection also being located at the corner common to Land Lots 592, 593, 633 and 632; from said point of beginning go westerly a distance of 344 feet; thence northeasterly a distance of 492 feet to the west side of Mathews Street; thence continuing along the right of way of Mathews Street a distance of 238 feet to the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 600 of the record title holders of the land described above: s/LLOYD D. MILHOLLAND Bill Scoggins made a motion the signatures be validated and the public hearing set for October 1, 1990. Bob Davis seconded the motion which carried 5-0. (D) Validate petition to annex property at 2680 Mathews Street Attorney Camp read the application to annex property at 2680 Mathews Street for Bertram & Helen J. Eib as follows: We, the undersigned, who constitute sixty percent of the electors resident and sixty percent 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 592 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at a point on the west right of way line of Mathews Street, said point being 81.2 feet from the intersection of Mathews Street where it intersects with Whitfield Street, said point also being located at the corner common to Land Lots 633, 632, 592 and 593; from said point of beginning running north along the western right of way of Mathews Street a distance of 245 feet; thence leaving said right of way and running southwesterly a distance of 145 feet; thence running southeasterly a distance of 270.feet to the western right of way line of Mathews Street and point of beginning. 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/BERTRAM & HELEN J. EIB Bill Scoggins made a motion the petition be validated and the public hearing set for October 1, 1990. John Steely seconded the motion which carried 5-0. Yt (E) Approval to advertise for closing of North Cooper Lake Road John Steely said that several weeks ago there was a meeting with residents of Ward 7 and the surrounding unincorporated area concerning the proposed intersection of North Cooper Lake Road with the new East/West Connector. Petitions bearing over 1,400 signatures were presented opposing the intersection and residents in the area had also asked that North Cooper Lake Road be closed at this point. John Steely made a motion that the closing of North Cooper Lake Road be advertised and posted for a public hearing on October 1, 1990. Bill Scoggins seconded the motion. Mr. Steely also read a letter from the Smyrna Planning and Zoning Board recommending that North Cooper Lake Road not be intersected with the East/West Connector. Vote on the motion carried 5-0. (F) Appointment of citizens committee Mayor Bacon stated the pawn shop license which was continued tonight is a September 4, 1990 meeting - continued good example of unanticipated problems that may arise with a license request. Mayor Bacon said tonight he was proposing that council adopt the formation of a citizens task force to offer suggestions and input in our code revision process and also review existing codes. Mayor Bacon said he would expect to have 30 to 40 people including educators, civic leaders, ministers, attorneys and he wanted every ward to be represented. Mr. Camp has also agreed to serve as legal counsel for the entire group. Bill Scoggins made a motion a citizens committee be formed to assist with code review and revisions. John Steely seconded the motion which carried 5-0. RTn nwnunc- (A) Jonquil Field lighting John Steely made a motion the lighting for Jonquil Park soccer field be awarded to Athletic Lighting at $17,615. Bob Davis seconded the motion which carried 4-0 with Bill Scoggins abstaining. CONSENT AGENDA: (A) Approval of minutes: August 6 & 20 (B) Approval to request bids for IBM6262 printer (C) Approval of yield sign - Ridgehurst Drive & Lakehurst Court Bob Davis made a motion the consent agenda be approved. Wade Lnenicka seconded the motion which carried 5-0. COUNCIL INPUT: Bob Davis said curb and guttering will continue on Highland Drive from Lochlomond to Heathridge Court. Wade Lnenicka called on Laurel Best for a library report. Mr. Lnenicka said the Friends of the Library group has now been incorporated so that donations can be tax deductible and membership applications are available. Dues for Senior Citizens are $3 per year, $5 per individual and $10 for family memberships. They are also sponsoring a book sale September 22nd and are collecting good, used books for the sale. Mr. Lnenicka thanked the Smyrna Business Association for the patriotic banners they are distributing to businesses and to everyone who is displaying their flags. Mr. Lnenicka reported that council has agreed to a policy he suggested to waive any city utility connection fees for those reservists or guardsmen who may be activated, upon their return home. Bill Scoggins called on Sherry Reavis for a report from the Parks department. Mr. Scoggins said that this Saturday, there are 12 volunteer groups that will be picking up litter along South Cobb Drive in observance of public lands day. John Steely said the STEP units would be back on North Cooper Lake Road; the rumble strips that had been installed have been removed because they are very noisy. Mayor Bacon said with the closing of Powder Springs Street and Sunset Avenue the traffic on Bank Street has increased and would like to suggest that no parking signs be placed in front of City Hall. Mayor Bacon recognized Boy Scout Troop 721 from Faith United Methodist Church and with no further business, meeting adjourned at 8:45 p.m. A. MWnBACON, MAYOR_ BOB,,#AVTS, WARD AD- - WARD BILL SeOGGINS, WA6 3 JAMES M. HAWKINS, WARD 4 JA C SH L, ARD 5 KATHY BROOKS JORDAN, WARD 6 JOHN EELY, W 7